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HomeMy WebLinkAboutFebruary 27, 1979 o o 0 c,ry of ANDOVER o PLANNlliG AND ZONING COMMISSION o Regular Meeting - February 27, 1979 AGENDA Call to Order - 7:30 P.M. Approval of Minutes 1. Comm. # 2-78-5 Pond View Preliminary Plat/James Conroy (Continued Public Hearing) 2. Comm.#11-78-l North Birch Creek Estates Preliminary Plat/A. KIous (Continued Public Hearing) 3. Comm.# 1-79-4 Mike Good Sketch Plan (Continued) 4. Comm.# 2-79-1 Woodland Terrace Sketch Plan/L.Carlson (Continued) 5. Comm. # 2-79-2 Larson/Hanson V",riance (Continued) 6. Comm. # 1-79-2 Oakwood Estates Preliminary Plat/K. Harstad Public Hearing 7. Comm.#12-78-6 Ordinance No. 10D (Amendment/Park Dedication) (Continued) 8. Comm.# 2-79-4 Ordinance No.8D (Amendment/Special Use-Junkyards) (Continued) 9. Comm. # 1-79-5 Review of Updated Comprehensive Development Plan 10. Comm. # 2 -79-5 Review of Zoning Map of City Publish: February 23, 1979 o o o 0 ~ 01 ANDOVER o o REGULAR PLANNING AND ZONING COMMISSION MEETING February 27, 1979 MINUTES The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman d'Arcy Bosell on February 27, 1979 at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: Byron Copley, Ralph Kishel, George Lobb, Richard Okerlund and Larry Retzlaff Commissioner Absent: Jeannine Pyron Also Present: Dave Pillatzke, Engineer from T.K.D.A., and others Minutes Motion by Lobb, Vote on motion: Motion carried. seconded by Copley, to approve the Minutes of February 13, 1979. yes - Bosell, Copley, Okerlund, Lobb, Retzlaff; present - Kishel. Pond View Preliminary plat Continued Public Hearing (Comm. #2-78-5) Chairman Bosell informed the Commission that Jim Conroy, owner and developer of the property, had called and asked that it be removed from this agenda. North Birch Creek Estates Preliminary Plat Continued Public Hearing (Comm. #11-78-1) Engineer Pillatzke stated that the latest revised plat is dated February 15, 1979 and the latest letter from T.K.D.A. is dated February 23, 1979. Blocks 2 and 3 exceed 1320' in length, the maximum allowed in Ordinance 10. However Block 2 utilizes the existing topography to its best advantage and Block 3 abutts the City of Ham Lake. The Coon Creek Watershed Board has given their final approval with 2 contingencies: 1) refers to drainage easement (50' on either side of center) for the branch ditch. It can be taken care of at the time of final construction. 2) refers to the outlet structures for the ponds since the ponds are designed to accommodate partial retention only. It can also be taken care of at the time of final construction. _Lot 3 of Block 4 has a triple frontage. However a future lot split can only occur similar to that of a corner lot off of Alder and l66th Court. Because of the physical obstruction of the pond, it is recommended that this lot be accepted as proposed. All of the previous items noted in T.K.D.A. letters have been completed except those noted in the latest letter. Therefore the Engineers recommend that this plat be accepted. o Commissioner Lobb was concerned about l66th Court. If you were coming into this plat from l67th Lane, in the NE corner, and trying to get to l66th Avenue NE, there will be a lot of traffic on l66th Court because of the jog. A letter of approval has been received from the Anoka County Highway Department. The Park and Recreation Commission has made a recommendation. The Coon Creek Watershed Board has given their approval. Discussed Lot 3 of Block 4 being actually a corner lot and not needing a variance. o o o o '\ ,--.J Planning and Zoning Commission Meeting Minutes - February 27, 1979 Page 2 Motion by Lobb, seconded by Retzlaff, that the Planning and Zoning Commission of the City of Andover recommends to the Andover City Council approval of the Preliminary Plat dated February 15, 1979 for North Birch Creek Estates on the following described property: All that part of the S. ~ of Section 12, Township 32, Range 24 lying Southeasterly of the centerline of C.S.A.H. No. 18 except the North 990' thereof. The Commission recommends approval based on the following reasons: 1) a public hearing was held and there was no public opposition. 2) the plat meets with Ordinances of the City and is in conformance with the Comprehensive Development Plan. 3) the plat has been reviewed by the City Engineer. 4) the Coon Creek Watershed Board has sent a letter of approval with 2 contingencies: a) that the ponds be outside the 50' drainage easement along the branch ditch and b) that a berm be placed around the ponds at top elevation of 899. A rip-rapped outlet spillway at elevation 898 will be provided in the top of the berm to outlet into the ditch. These items will be taken care of at the time of final construction and the final plat. 5) the Commission has received a decision from the Park and Recreation Commission as to park land and fees. 6) the plat needs a variance, due to a topographical hardship of the property (Ordinance 10 Section 17.01), for block length (more than 1320') on Block 2 and Block 3. 7) approval was received from the Anoka County Highway Department. Motion carried unanimously. Motion by Lobb, seconded by Retzlaff, to close the public hearing. Motion carried unanimously. The Preliminary Plat will be on the City Council Agenda for March 20, 1979. Mike Good Sketch Plan Continued (Comm. #1-79-4) Mr. Good was not present. Chairman Bosell recommended that he be sent a letter telling him that we request his attendance at the next meeting or it will be postponed until he notifies the City and/or the Planning Commission that he wishes to continue. Pine Hills Preliminary Plat Continued (Comm. # / '\ <--.J Tom O'Malley was present to represent the development. Engineer Pillatzke commented on his latest letter of review dated February 23, 1979. By Ordinance definition, Lot 1 of Block 1 fronts on l6lst Avenue and it should be noted that it must front on an interior street. The cul-de-sac of l60th Lane exceeds the maximum Ordinance length of 500'. Since all the lots adjacent to the cul-de-sac do meet the 300' frontage, it seems to be the best usage of the land. The proposed retention pond on Lot 2 of Block 4 does not have adequate storage capacity. However, it is a minor drafting change that can be corrected prior to Council review. The park proposed is adjacent to Tulip Street and 16lst Avenue. There is no direct access from this plat to the park. The utility easement between Lot 1 and Lot 2 of Block 1 could be dedicated as a walkway. The Park and Recreation Commission had discussed it but were opposed because of possible maintenance problems and it might aggravate those future property owners. Approval has been received from the Coon Creek Watershed Board. Northern Natural Gas has sent a letter giving their approval. A letter was received previously from the Anoka County Highway Department. () o o o Planning and Zoning Commission Meeting " Minutes - February 27, 1979 'J Page 3 Motion by Retzlaff, seconded by Kishel, that the Andover Planning and Zoning Commission recommend to the City Council approval of the Pine Hills Addition Preliminary Plat dated December 4, 1978 on the following items: 1) The plat meets or exceeds the current requirements of Ordinances 8 and 10 with the exception of the Cul-de-sac length of 160th Lane and that a variance be granted on that. 2) the plat has been reviewed by the City Engineer and found to satisfy all engineering standards except as noted. 3) The Commission has a letter from the Anoka County Highway Department recommending approval. 4) The Park and Recreation Commission's recommendation has been received and is incorporated into this plat. 5) A public hearing was held and no public opposition was noted. 6) The Northern Natural Gas Company has accepted the plat. 7) The Coon Creek Watershed Board has reviewed and accepted the plat. 8) The plat has no adverse effects on the intent of the Andover Comprehensive Plan. 9) The contingencies noted in T.K.D.A.'s letter of February 23, 1979 be resolved prior to final platting. 10) That Lot 1 of Block 1 and Lot 1 of Block 4 front on interior streets. Motion carried unanimously. This will be on the City Council Meeting on March 20, 1979. Countrvview Sketch Plan Continued (Comm. #2-79-3) Tom O'Malley was also the representative for this plat. Discussed the reason the plat shows l77th Avenue from Gladiola to Eidelweiss. Mr. O'Malley said it is to allow for better traffic circulation. Lot 1 of Block 5 would be short by definition on its frontage side. They will now proceed with the preliminary plat preparation. Woodland Terrace Sketch Plan Continued (Comm. #2-79-1) Lawrence Carlson said that he has talked to the people of the Assembly of God Church and they have indicated that they have no plans for any type of future subdivision but they do plan on putting a parsonage to the back of their property. They have ingress/egress at 2 points already, to the East and to the North. Mr. Carlson said they are going to get together with Good Value Homes as soon as they get past the sketch plan stage. He had checked with the Anoka County Highway Department regarding the access points and the Highway Engineer said that he sees no problem. After discussion it was recommended that Lots 9 and 10 of Block 2 not be zoned for doubles (acting as a buffer between the quads and the single family lots) but be consistent with the M-l multiple zoning. It was felt however that Lot 33 of Block 3 should remain as a double as shown and be a buffer between the quads and single family homes. It was mentioned that the rezoning of the land to R-4 and M-l could be taken care of prior to spending a lot of money on the engineering details for the preliminary plat in case the Council would not allow the rezoning. Mr. Carlson indicated they will probably handle the rezoning request and preliminary plat at the same time. , " \,-~ o o o o '-j '--/ Planning and Zoning Commission Meeting Minutes - February 27, 1979 Page 4 Chairman Bosell mentioned that this appears to fall under the ordinance category of a P.U.D. (Planned Unit Development) because it is mixed uses of the land and would require a site plan for the M-l area. Mr. Carlson said that he will be selling some of the quad lots prior to actual construction so it may be difficult to show exactly what will be done on the property and also, the Ordinance doesn't say very much about what information the City requires on a site plan for a P.U.D. He asked if the plan could be changed if they have some better ideas in the future and what process would be required to change it. After being asked if public water does not become available whether he will still attempt to subdivide the land, Mr. Carlson replied that he didn't really know, but if there isn't water, then they will have to redo the whole concept. As proposed the well and pump would be on the Good Value property across Bunker and Mr. Carlson would be hooking up to their system. Discussed the feasibility of having public water. Commissioner Retzlaff said that his major concern with all the development in the Urban Area is the schools. There will also be a need for more police protection, fire protection, street maintenance, etc. ~here will be a great deal 91 tax. --0 money coming in and the higher density pays a higher rate of tax. """?(u>.fj 8,.",{~","_,,_.;!,H'''.' il ..,; ..........,.. A _.-1, - IJ ~. v :,,,-,!j,,,-:,-.,...,/"'1-''''~ Engineer Pillatzke mentioned that Block 3 is 1420' in length, however by not - ,~'/,3'7;t providing an access to the Assembly of God Church property it is mandatory that that block length be as shown. The Cul-de-sac of l33th Lane is 620' in length but it would be very difficult to change it because of unplatted land, the configuration of the land available, adjacent streets, etc. Additional ponding may be needed in,excess of that shown as Outlot or holding pond area. Larson/Hanson Variance Continued (Comm. #2-79-2) / "- U This item was continued to allow time for consulting with the City Attorney. Chairman Bosell related that the Attorney stated that if the 10' strip of land were conveyed from one lot to the other, it would definitely make the Hanson lot an unbuildable lot. The suggestion from the City Attorney was to resolve the issue by having the parties involved draft a permanent easement for driveway purposes across the 10' piece of property and this easement would pass on to the new purchasers of the property forever. This would not need the City's involvement. They would then be refunded their variance request money. Chairman Bosell asked if the Hansonswanted to withdraw the variance request and just go with the easement. Mrs. Hanson stated they were unwilling to allow an easement on the property. Commissioner Retzlaff said that if we went to our Attorney, then we have a bill for consultation with him so he didn't feel that the $25 fee should be returned. It is in conjunction with the variance. Chairman Bosell said the Attorney had mentioned the fee should be refunded. To reiterate, Chairman Bosell stated, '~. Larson already has 18' of property on the side of his home and he has already encroached on the Hanson's property. They had it surveyed last summer and discovered that he was using part of their property for a driveway already. It was just convenience; the need was not really there. There is nothing in the way. There are no structures in the way or anything. There is room enough to have a driveway 18' wide." o o o o Planning and Zoning Commission Meeting ') Minutes - February 27, 1979 ~ P~5 Motion by Retzlaff, seconded by Kishel, that the Andover Planning and Zoning Commission recommend to the City Council denial of the Melmor O. Larson Variance Request for the following reason: that the current property owner, fee owner, asked whether or not the affected lot would continue to be a buildable lot if the variance were granted and if it were not a buildable lot that he would not be interested in going on with the variance request and that the Planning and Zoning Commission had contacted the City's Attorney and he had advised that if such variance were granted, the lot would not be buildable. Thusly the Commission would recommend denial. Motion carried unanimously. This will go to the March 20, 1979 City Council Meeting. Oakwood Estates Preliminary Plat Public Hearing (Comm. #1-79-2) Chairman Bosell opened the public hearing. Ernie Rud, surveyor, stated that this preliminary plat is the result of discussion with the Planning Commission at the sketch plan stage. The sketch showed l70th Lane and then tied in to the Kadlec Addition to the South. The Commission had recommended that Eidelweiss and Flora Streets be extended to the North to make it more feasible to develop the 20-acre parcel under the power lines. Engineer Pillatzke reviewed his letter dated February 15, 1979. The plat must show the date of preparation and subsequent revision dates. At the sketch plan meeting, it was mentioned that there was an easement across the north part of this property. Mr. Rud said that originally on the full NWt of this section there was a blanket easement to R.C.P.A. That has now been confined to the northerly 50' of the NWt, which is about 1600' north of this property. It is not on this property. There is an NSP easement on the Loftus property just north of Oakwood Estates. The type arid width of surfacing on l7lst Avenue in White Oaks Country Estates must be shown on this plat. The plat should state 'minimum side yard setback will be 10' on all interior lot lines". Identification of which streets pertain to which profiles should be noted on the drawing. By definition Lots 1 and 3 of Block 1 and Lots 1 and 2 of Block 4 do not meet the minimum 300' frontage on the short side of the lots and it should be noted these lots should front on interior streets. Temporary cul-de-sacs should be shown at the north ends of Flora and Eidelweiss Streets. Discussed the fact that the Kadlec Addition is not constructed so maybe temporary cul-de-sacs should be shown to the South also. A retention pond should be added near the north end of Eidelweiss Street and provide for 1.26 acre-feet of storage. Additional culverts are required and should be shown on the plat. A recommendation from the Park and Recreation Commission is required prior to preliminary plat approval. The grading plans for the proposed ponding areas should be on the plat to show the depth and configuration of the ponds. Chairman Bosell asked for public comment. Robert Loftus, "It is my land just ,~ north of this plat. It seems to me it would be an advantage to the City of Andover ~ to extend l7lst from White Oaks to County Road 9 to provide fire access and transportation for the people in White Oak Estates. In terms of the NSP easement, it is not over the full 20 acres but just under the power lines and a road could be built underneath the line, but no buildings constructed. Also, it would seem better to have streets going straight through." '~J () CJ o Planning and Zoning Commission Meeting Minutes - February 27, 1979 \ Page 6 '---) Commissioner Lobb said that it would create double frontage lots which the Ordinance doesn't allow. Mr. Rud explained that in subdividing his property Mr. Loftus could get one lot on County Road 9, 2 lots off from the extension of Flora Street and 2 from Eidelweiss. He can get 5 lots from his 20-acre parcel. If 171st went all the way through he would have 6 lots but have to build ~ mile of road. Mr. Loftus suggested that road be built on the property line so he would only have 33' to build and felt that he could get 7 lots and it was really a disadvantage to him the way Oakwood is being platted because he would lose 2 possible lots. It was suggested that Mr. Loftus, Mr. Harstad and Mr. Rud get together to discuss some of the possibilities for Mr. Loftus' property. 11r. Rud said that now the drainage, in the NE corner, goes down to a low area where the street is going to be constructed. They would like to propose only building Eidelweiss a short distance north of l70th Lane, clearing the right-of-way out, leaving the ponding where the street is and at such time as the street is extended, the drainage would go where it has always gone to the low area to the north. Engineer Pillatzke said it would be a problem in the future in that the storm water would not be retained on this plat. Commissioner Kishel stated the City is recommending retaining storage on the site because it is up to the landowner to contain his own water and you are proposing in the future to run it off on to somebody else's property after the road is built. Mr. Rud said the natural drainageway is through there but they would possibly reroute the road a little and leave the low area as it is. Chairman Bosell stated that the public hearing will be continued to the next meeting on March 13, 1979. Ordinance 10D Continued (Comm. #12-78-6) Chairman Bosell referred to the letter from Attorney Hawkins dated February 6, 1979 reviewing the proposed amendment to Ordinance 10. He said the title of the Ordinance should be changed to read, "An Ordinance amending Section 9.07 of Ordinance 10". The second paragraph should state "The City Council of the City of Andover hereby Ordains:". Per his recommendation the Commission changed Section 9.07.1 Lands for Public Use or Other Provisions to read, "Pursuant to Minnesota Statute, as amended, the City Council. . .". He said, "The enabling legislation which authorizes municipalities to require dedication states that we have the authority to ask for a reasonable portion of the proposed plat to be dedicated for parks, etc., or that the subdivider contribute an equivalent amount in cash based upon the fair market value of the undeveloped land. There is no other additional language in this statute that would seem to indicate the City would have the authority to ask for a combination of land and cash. Therefore I would recommend that the reference therefore be stricken from the proposed Ordinance". After discussion the Commission decided to not make a decision on this suggestion in order to do some more research. In Section 9.07.3 in the 7th line from the bottom, correct spelling of word "porposed" to "proposed". In Section 9.07.07 change "nine (90) days" to "sixty (60) days" per the Attorney's ,'j recommendation. Attorney Hawkins said that in Section 9.07.10 the "Park and '-~. Recreation Commission" should be deleted and "City Council" inserted. Commissioner ( ) ,~, (j ~J o \ '- / ,,' Planning and Zoning Commission Meeting Minutes - February 27, 1979 Page 7 Retzlaff said that the intention is that the City Council should establish the separate fund but the Park and Recreation Commission should know the number of dollars and expenditures in their fund. That is the reason for setting up the special fund. Chairman Bosell said it would be saying then that the Park Commission would be making up their proposed budget. The Commission left Section 9.07.10 as it was. They added, in Section 9.07.12, on the last line of (a) under Requirement, the word "units" after "five (5)". This will go onto the next agenda which would be on March 13th for further discussion. Ordinance 8D Continued (Comm. #2-79-4) Commissioner Retzlaff said that after research, couldn't find anything that said that auto salvage yards posed a health hazard to the Community. Chairman Bosell said she had talked to the League, Met Council and the City of St. Louis Park and all felt that "health" could be left in the motion as a recommendation because aesthetics falls under health, safety and general welfare. Also, there is a potential for groundwater pollution by auto reduction yards. That would be a potential health hazard, because of the crank case oil in the automobiles and all of those things that are not put into containers. Motion by Retzlaff, 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 safety and welfare of the community and would protect the Comprehensive Plan. Vote on motion: Motion carried. yes - Kishel, Lobb, Copley, Retzlaff, Okerlund; no - Bosell. This will be on the City Council Agenda on March 20, 1979. Review of Updated Comprehensive Development Plan (Comm. #1-79-5) Chairman Bosell advised the Commission of the special meeting on March 6th at 7:00 P.M. Review of Zoning Map of City (Comm. #2-79-5) This will be on the next agenda as a public hearing. Adiournment /~ ') ',,' Motion by Lobb, seconded by Retzlaff, to adjourn. Motion carried unanimously. Meeting adjourned at 10:34 P.M.