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HomeMy WebLinkAboutFebruary 13, 1979 o o 0 ~ 01 ANDOVER o o PLANNING AND ZONING COMMISSION Regular Meeting February 13, 1979 AGENDA Approval of Minutes 1. Comm. #11-78-1 North Birch Creek Estates preliminary Plat Continued Public Hearing 2. Comm. 1tl-79-3 Otto Linstad Variance 3. Comm. 1tl-79-4 Mike Good Sketch Plan 4. Comm. #2-79-1 Woodland Terrace Sketch Plan 5. Comm. 1f2-79-2 Larson/Hanson Variance 6. Comm. 1f2-79-3 Country View Sketch plan 7. Comm. ff12-78-6 Ordinance 10D (Amendment to Park Dedication Section of Subdivision Ordinance) Continued 8. Comm. #2-79-4 Amendment to Ordinance 8, Section 7.03 Public Hearing 9. Comm. #1-79-5 Review of Updated Comprehensive Plan 10. Comm. #2-79-5 Review of Zoning Map of City For publication on February 9, 1979 o o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING February 13, 1979 MINUTES The Regular Meeting of the Planning and Zoning Commission was called to order at 7:34 P.M. by Chairman d'Arcy Bosell on February 13, 1979 at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: Byron Copley, George Lobb, Richard Okerlund (appointed to the Commission by the City Council on February 6, 1979), and Larry Retzlaff Commissioners Absent: Ralph Kishel and Jeannine Pyron Also Present: Dave Pil1atzke, Engineer from T.K.D.A., and others Minutes of January 23, 1979 Motion by Retzlaff, seconded by Lobb, to approve the Minutes. Motion carried unanimously. North Birch Creek Estates Preliminary Plat Continued Public Hearing (Comrn. #11-78-1) Mike Gairis at a meeting with the Park and Recreation Commission and as soon as he is finished will come to this meeting. CDmmissioner Retzlaff said that he was under the impression that the plat has been changed again since the last mailing and that it has been the practice of this Commission not to accept Preliminary Plats on the night of the meeting. Motion by Retzlaff, seconded by Lobb, to continue the continued public hearing for North Birch Creek Estates Preliminary Plat to the next regularly scheduled meeting. Discussion: Chairman Bosell said that the reason it is still on the agenda is that the Chairman of the Park Commission is going to make a formal recommendation as to the park dedication. Vote on motion: yes - Lobb, Retzlaff; no - Copley, Bosell, Okerlund. Motion fails. Ordinance lOD (Amendment to Park Dedication Section) Continued (Comm. #12-78-6) The Commission is still waiting for an opinion from the City Attorney. This item will be continued to the next meeting. Otto Linstad Variance (Lot Split Continued) (Comrn. #1-79-3) ( \ \ o Mr. Linstad was advised at the last meeting to apply for a variance instead of a lot split. Chairman Bosell said that one of the things discussed at the last meeting was if the property would be buildable if University Avenue was extended. The City Attorney has said "no" because it is a nonconforming lot by size, it is not 2~ acres. Also, it cannot be attached to Rick Franz' property in Ham Lake. In addition, the Commission had given direction to apply for a variance instead of a lot split because it was a conveyance of property. The City Clerk has said we still have to look at a lot split. u u \ U o Planning and Zoning Commission Meeting :' ) Minutes - February 13, 1979 ~ pqe2 Rick Franz asked if he bought some more land from Mr. Mattson whether it would be acceptable. He was advised that it has to be 300' in width and 2~ acres to get a lot split and to get a building permit it needs to be on a public road. The request right now is for 1.3 acres so it would have to be increased quite a bit. The Commission reviewed Section 17 of Ordinance 10. There it states the reason for granting a variance is a hardship. The Chairman and City Clerk felt this does not present a hardship because there is land available to make a 2~-acre lot. Discussed buying more land to make 2~ acres and past variances approved. The lot doesn't have frontage on a public street and there are no plans for University Avenue being constructed in this area. Motion by Copley, seconded by Retzlaff, that the Planning and Zoning Commission recommend that the City Council allow for a variance by Otto Linstad (on the property shown on the attached drawing) for conveyance of property (Reference Ordinance 10, Section 14.02 and Section 17.01) with the contingency that it not be allowed to be built on and that it can not be attached to the existing lot of the purchaser. Approval of the variance does not adversely affect the adjacent property owners and the spirit and intent of the Comprehensive Plan. Vote on motion: yes - Lobb, Okerlund, Retzlaff, Copley; no - Bosell. Motion carried. This will be on the City Council Agenda on March 6, 1979. Larson/Hanson Variance (Comm. #2-79-2) Melmor Larson, 536 - l55th Avenue, requested a lot split (variance) of 10' x 188' from Lot 15 of Block 5, Nordeen Addition. He is currently using part of that land as a driveway to his home on Lot 14. His garage is a tuck-under at the back of his house. The drawing submitted shows 18' from his house to his west property line but he said that in checking further it is about 16'. Lot 15, a vacant lot, is presently 110' x 188'. David Hanson, owner of Lot 15, asked if taking 10' from the lot would disqualify it as a building lot. It was mentioned that Ordinance 8 states 20,000 square feet is the minimum for an R-3 lot and by taking the 10' x 188' off, the resulting parcel would be about 18,000 square feet. Discussion: some of the other lots in the Nordeen Addition are less than 20,000 square feet; the City may be making Lot 15 substandard by allowing a variance; whether 16' or 18' is wide enough for a driveway; this property is in an area of the City that is unserviced. Chairman Bosell will contact the Attorney and ask him for an opinion on whether Lot 15 would be buildable if this variance request is approved. The variance will be continued to the next Planning and Zoning Commission Meeting on February 27, 1979. o o u u o () Planning and Zoning Commission Meeting Minutes - February 13, 1979 Page 3 Woodland Terrace Sketch Plan (Comm. #2-79-1) Lawrence Carlson, developer, presented a proposed subdivision near County Road 9 and County Road 16 consisting of 84 acres, currently zoned R-l, in the SE~ of Section 32. The sketch shows 199 lots with 123 single-family lots, 28 2-family lots and 48 multiple or townhouse lots. The townhouse lots would be rezoned from R-l to M-l and the remainder of the property would be rezoned to an R-4 designation which would allow for single and 2-family dwellings. The lots for townhouses would be closest to County Road 16. One building, with 4 dwelling units with cOIlllllon walls, would be built on each 4 lots resulting in a "quad" which would perhaps be similar to the ''New Horizon Townhouses" currently being constructed in other areas of the Twin Cities. They will be planning for the quads to look like splits with about 850 square feet on the upper level and a double, tuck under garage and family room on the lower level which would give about 1300 to 1400 square feet of living space. They are planning for the development to have City sewer, storm sewer, curbs, blacktop streets and, in all likelihood, public water. The City sewer has been extended to the NE corner of this property already and Good Value Homes is proposing public water for their property north of this area. To the west is Chapman's Addition, to the south is Coon Rapids and that land is undeveloped and under a moratorium now, to the east is the area known as Meadow Creek Addition and also the 10-acre Assembly of God Church property. He presented copies of a proposed park plan that Jim Kappelhoff had designed showing a "developed" park adjacent to Chapman's Addition Park. They would redo the park in Chapman's Addition and join it with their dedicated parkland. If the Park and Recreation Commission reject this proposal, then they would perhaps go back to the 10% park dedication required by Ordinance. The portion on the sketch labeled "outlot" would be a ponding area with trees around to make it attractive. Engineer Pillatzke said he thought the Anoka County Highway Department will be requiring a frontage road along County Road 16 and was concerned with the fact that l35th is not being extended into Chapman's and to the Church property. Mr. Carlson will contact the Assembly of God Church people to find out if they have plans for future development of their land. The Engineer also mentioned extending Poppy Street to Chapman's Addition. There are 7 streets shown on the sketch that would allow ingress and egress from this property. Block 3 is 1399' in length which exceeds the maximum ordinance requirement of 1320'. It was mentioned however that that requirement is primarily to provide access for adjacent and future development. All the property around this proposed development is either already developed or access is provided. Discussed having a meeting with Mr. Carlson, the City Council, the Park Commission, and the Planning Commission before the preliminary plat stage. The Commission felt they would like more time to review the sketch plan. This will be on the next Planning and Zoning Commission Agenda on February 27, 1979. o o (j u o o Planning and Zoning Commission Meeting Minutes - February 13, 1979 Page 4 North Birch Creek Estates Preliminary Plat Continued Public Hearing (Comm. #11-78-1) Engineer Pillatzke reviewed his letter (copy attached) of 2-13-79 with the Commission. #1 - Lot 3 of Block 4 has triple frontage but because of the location of the ponding area, the lot would actually be similar to a corner lot. #2 - Because of the County Ditch the Coon Creek Watershed Board will deviate from their 100% retention of storm water runoff requirement and allow approximately 80% for this development. The Watershed Board has not given their final approval of the plat yet. #3 - The Park and Recreation Commission, after their Special Meeting, recommended that the ll~ acres of land as proposed be accepted and grading work be done to City specifications per the attached recommendation. The plat received before showed streets extending to the South and that has now been changed. The Park and Recreation Commission wanted contiguous land so when the plat was redrawn another street was also eliminated resulting in Block 4 being greater than 1320' in length. In checking the topography, a street could be provided to the South as it was before. Blocks 5 and 6 were discussed previously and resolved to be acceptable at that time because of the topography. Mike Gair will have the plat redrawn and ready for the Planning and Zoning Commission meeting on February 27, 1979. Countryview Sketch Plan (Comm. #2-79-3) Jeff Caine, of Caine and O'Malley, presented copies of a revised sketch plan to the Commission. It was previously called the Perry Madison Sketch Plan. Lot 1, Block 4, a corner lot,is 280 x 390. They will need a letter of approval from Minnesota Pipeline because of the easement on the property. There should be a temporary cul-de-sac shown on the west end of l79th Avenue. Mr. Caine will be bringing in a preliminary plat in the near future. Ordinance 8 Amendment Public Hearing (Comm. #2-79-4) Chairman Bosell opened the public hearing and explained that after the City passed the new junkyard ordinance, #44, they felt that the City of Andover had an adequate number-of junkyards and they suggested that the Planning Commission work on amending the ordinances. The amendment proposed would delete "auto reduction" and "used auto parts" from Section 7.03. James Liesinger said that he has had his property on Bunker for many years. He runs a lawn service in the Cities and stores his equipment here in Andover. He felt that he had no immediate plans but felt someday he, or his grandson, might want to use the land as a junkyard. He said maybe Andover had an edge because the junkyards are all in a row on Bunker and maybe this ordinance should be tabled for 10 to 15 years. He has no plans for starting a junkyard but also doesn't want the door closed. It should be left as it is. o u u u o '~ Planning and Zoning Commission Meeting Minutes - February 13, 1979 Page 5 Cecil Heidelberger told the Commission how many years he has lived there and how many problems he has had, his concern with the label "junkyard" and wanted it renamed "salvage yard", and the large number of people employed along that strip on Bunker. Motion by Retzlaff, seconded by Lobb, to close the public hearing. Motion carried unanimous ly. Motion by Bosell, seconded by Copley, that the Andover Planning and Zoning Commission recommend to the City Council adoption of proposed Ordinance 8D as pertains to Section 7 Subsection 7.03 Special Uses (per attached draft). A public hearing was held and there was opposition noted for this change. The rationale behind the recommendation of the Planning and Zoning Commission is that the City of Andover presently has a number of junkyards, also known as salvage yards, in existence at the present time and the purpose of this amendment to Ordinance 8 is not to disallow these from functioning but to prohibit further development of junkyards within the City. Further that this recommendation would be in the best interest of the health, safety and welfare of the community and would protect the Comprehensive Plan. Discussion: whether it has been shown or indicated anywhere that an auto reduction" yard is detrimental to the health, safety and welfare of the community and if so, whether it takes 1 or 5 or, 100 to make it detrimental; the unsightliness; what the City of St. Louis Park had gone through with trying to eliminate junkyards; studying the situation as far as polution and safety are concerned. Motion and second withdrawn. The Commission was directed to come up with some solid rationale in order to make a decision about the junkyard situation in Andover. This will be on the next Planning Commission Agenda. Review of Updated Comprehensive Plan (Comm. #1-79-5) Chairman Bosell asked for opinions on the Comprehensive Plan received from Midwest Planning last week. It was suggested that the Commission meet for a work session on the Plan and then gather their suggestions, questions and/or concerns and at that time contact Midwest to come out and meet with the Commission and answer questions. March 6th at 7:00 was set as a Special Meeting for the Planning Commission to review the Comprehensive Plan. Review of Zoning Map of City (Comm. #2-79-5) '0 Commissioner Retzlaff said the object is to get zoning that is compatible with the Ordinances and the Comprehensive Plan. Also, the Rum River Ordinance should be reflected on the zoning map, when it is adopted. It was suggested that they negate the R-2 and R-3 zoning in the unserviced areas. Chairman Bosell had talked to the City Attorney and he said that any lot that is less than 5 acres must receive notification. They asked that notices be sent out regarding the public hearing. Adiournment Motion by Commissioner Lobb, seconded by Okerlund, to adjourn. Motion unanimously. Meeting adjourned at 11: 14 P.M. ~ J/~ carried. I'\!I. ~' -~\y , . - () TKDA o uO TOLTZ, KING, DUVAll. ANDERSON AND ASSOCIATES INCORPORATED ENGINEERS ARCHITECTS PLAN N ERS ,- \ o 1408 PIONEER BUILDING SAINT PAUL. MINNESOTA 55101 TELEX 29-7461 612-224-7891 Febru~ry 13, 1979 Planning and Zoning Commission Members A ndover, Minnesota Re: North Birch Creek Estates Preliminary Plat Andover, Minnesota Commission No. 6223-79 Commission Members: We have reviewed the plats dated January 26, 1978, February 5 and 8, 1979 for the North Birch Creek Estates with respect to Ordinances Nos. 8, 10 and their supplements. Following are our comments and recommendations. 1. 166th Court has been realigned and shortened in length to meet the 500 foot maximum length requirement. With the change in alignment lot 9 of Block 6 does no longer have triple frontage with frontages less than the minimum 300 feet. The realignment did however create a triple frontage on Lot 3 of Block 4. The west half of the proposed Lot 3 will be within the drainage easement thus the buildable area will face only two streets, similar to a corner lot. Since the physical feature of the pond will act as a buffer for development of lot 3, we recommend that consideration be given to accepting the lot as proposed. 2. The Coon Creek Watershed Board of Managers have approved the conceptual design of the proposed retention ponds contingent upon the watershed Engineer approving the technical aspects of the design. The watershed does not require 100 percent retainage of the storm water runoff due to the proximity of the County ditch branch No.7. Volumes and rates of flow must be considered. We have calculated theoretical runoff volumes and pond storage capacities for] 00 percent retention and two of the four ponds meet the required storage and two of the ponds are difficient in storage. The difficiency is minimal and the ,-'~ '--J ARNOT J. DUVALL. PRESIOCNT ROBERT R. RYDER. V. P.-TREA6. WAYNE A. OLSON. V. Po-SEC. WALTER W. THORPE. v. P. DuWAYNE. R. KASMA. v. P. DUANE T. PREW. V. P. .JAMES E. VOYEN, v. P. WILLIAM J. ARMSTRONG OWEN J. BEATTY DARREL H. BERKOWITZ ROBERT A. BOYER JAMES C. BROTEN JAMES E. BUDKE. JOHN L. DAVIDSON LAVAYNE. R. CUPSLAFF WILLIAM J, I'"EYDER ROYCE B. HANSEN STEPHEN M. HARTLEY WESTLY J. HENDRICKSON J. THOMAS KIRK DAVID W. KJRKwDLD RONALD C. LEY ROBERT T. MALONEY DENNIS R. MARTENSON ROBERT J. McNIESH RICHARD O. MENKEN LEONARD D. MILLER THOMAS W. MOODIE DAVID L. MOORE ~AMES A. SKARET ABE oJ. SPERLING ROBERT G. SPURR RAYMOND M. STREGE NATHAN 1'". WEBER , \ ~ ,,-,\ \..J (j (j0 r \ U ~ A ndover Planning and Zoning Commiss ion Members February 13, 1979 Page Two review by the Watershed Engineer may reveal that the ponds are adequate for partial storage. If any changes are to be made to the pond design there likely to be drafting type changes. We therefore recommend that consideration be given to approval of the pond designs contingent upon the developer meeting the partial retainagecapacitie,s as specified by the Watershed Engineer. Any changes that may result can and must be completed prior to City Council approval. We will follow through to see that the developer meets any changes as resolved. 3. The Park and Recreation Commission is considering dedication of park land on those lots as represented in the revision dated February 5, 1979. A special P & R meeting will be held prior to tonight's Planning and Zoning meeting, the results of which should be presented at that time. 4. Blocks 4, 5, and 6 exceed 1320 feet in length. a. Block No.4 has been changed since the last meeting such that the park land as proposed could be entirely within one contiguous block. This resulted in eliminating !lex Street and Evergreen Street and extending Flintwood Street to the south. b. Block No.5 as previously discussed would require a variance. c. Block No.6 utilizes the existing topography to it's best advantage as previously discussed. Acceptance will require a variance. This letter will be discussed at tonight's Planning and Zoning Commission meeting. Very truly yours, TOLT7., KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED DJ P:mr cc: Andover City Council Patricia Lindquist, Clerk Al Klaus, Developer ~, _-_ Q.., \). l\:(i(~ ,~ David J. Pillatzke , j '-, u r' '" ( eli-' 01 ANDOVER , '\ (-.J , '\ U M E M 0 RAN 0 U M " '\ , , '-.-) TO: Mayor and Council COPIES TO: Planning & Zoning Commission FROM: Park/Recreation Commission DATE:: February 13, 1979 REFERENCE: North Birch Creek Preliminary Plat Motion by Mand, seconded by NIchols; to recommend the City Council accept the parkland shown on the North Birch Creek preliminary overlay presented to the Commission on February 13, 1979, providing, in consideration for the deficiency of .88 acres, the developer agrees, at his own expense, to level and/or excavate the designated parkland, preserving the wooded portion, to a desirable elevation as determined by the City Engineer in order to create a suitable field; further such excavating and/or leveling must be inspected by the City Engineer before final approval is made. Any excess fill generated by such leveling shall be used by the developer for whatever purpose he choses. IJoZ '-Plct~ Wes Mand, Chairman ParkjRecreation Commission I' " \_)