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HomeMy WebLinkAboutAugust 22, 1978 o 0 ~ 01 ANDOVER o o Approval of Minutes 1. Comm. #5-78-6 o 2. Comm. lf8-78-2 3. Comm. 1f8-78-l 4. Comm. 1f5-78-3 5. Comm. 1f8-78-3 6. Comm. 1F2-78-5 7. Comm. #6-78-9 8. Comm. 1f5-78-8 o PLANNING AND ZONING COMMISSION Regular Meeting August 22, 1978 7:30P.M. AGENDA Pine Hills Addition Preliminary Plat Continued Public Hearing Registered Land Survey - Stack Property Roger Erickson Variance Continued Kadlec Addition Preliminary Plat Public Hearing James Fields Variance Pond View Preliminary Plat Continued Public Hearing James Conroy Rezoning (Pond View) Continued Public Hearing Ordinance #37 Amendment (Amending Mandatory Septic System Pumping Section) For publication on August 18, 1978 o o o o o o 0 ~ 01 ANDOVER o REGULAR PLANNING AND ZONING COMMISSION MEETING August 22, 1978 MINUTES The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 P.M. by Chairman Larry Retzlaff on August 22, 1978 at the Andover Community Center, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Commissioners Present: Don Jacobson, Ralph Kishel and Jeannine Pyron Commissioners Absent: d'Arcy Bosell and Walter Dick Also Present: Chuck Wetzler and Dave Pillatzke, Engineers from T.K.D.A, Minutes of August 8, 1978 Motion by Commissioner Jacobson, seconded by Chairman Retzlaff, that the Minutes be approved as written. Vote on motion: yes - Chairman Retzlaff, Commissioner Jacobson: present - Commissioner Kishel, Commissioner Pyron. Motion carried. Roger Erickson Variance Continued (Comm. #8-78-1) The property does not have frontage on a dedicated public right-of-way. Mr. Erickson wants to build a garage on the parcel. Chairman Retzlaff had talked to Attorney Hawkins and he said the City would be extremely hard put to stop the Ericksons from building a garage. The City has erred in granting a building permit to construct the principal structure. His opinion was that the garage is a further extension of the practical use of the existing principal structure and thusly the City should not deny a building permit for the garage. Motion by Commissioner Jacobson, seconded by Commissioner Pyron, that the Planning and Zoning Commission, City of Andover, recommend to the City Council, City of Andover, the approval of the variance for Mr. and Mrs. Roger C. Erickson at the address of 15355 Nightingale Street NW, Anoka, Minnesota to allow the Ericksons to obtain a building permit for a garage on the above mentioned property. The Planning and Zoning Commission finds in it's discussion that a building permit for the residence at this property was issued by the City in error and that to deny the Ericksons the use of their property in the construction of a garage would be denying them a right granted by the City, even though it was granted in error. The Commission, therefore, recommends the approval of the variance. Motion carried unanimously. This will be on the City Council agenda on September 19, 1978. o o u o (r) \ ' --/ Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 2 Pine Hills Addition Preliminary Plat Continued Public Hearing (Comm. #5-78-6) Tom O'Malley, surveyor, was present and said he really didn't have anything new on the plat. It should be ready for the next meeting. John Reynolds, 15820 Round Lake Boulevard, was concerned about Orchid Street remaining as shown on the plat. He owns land behind his home on Round Lake Boulevard that would have frontage on Orchid Street if the plat is approved as shown. Engineer Wetzler recommended that the street shown on the plat as Orchid and Narcissus be named "Narcissus" because it comes out of the plat on a main street at that point. It was mentioned that the plat is in the Coon Creek Watershed District and should be submitted to them for approval. The right-of-way should be measured from the section line rather than the centerline of the existing l6lst as previously stated. o Motion by Commissioner Kishel, seconded by Commissioner Jacobson, to continue the public hearing on the Pine Hills Preliminary Plat to the next meeting. Motion carried unanimously. Registered Land Survey - Stack Property (Comm. #8-78-2) Tom O'Malley and James Stack - owner of the property - were present. Chairman Retzlaff had talked to the City Attorney since the last meeting. Attorney Hawkins referred to Section 12 of Ordinance lO and said that means that a Registered Land Survey must go through the platting procedure with a public hearing, etc. Mr. O'Malley said that they hoped to avoid the expense of soil borings, topog information, etc. The Engineers will get information on whether this information would be a requirement of a Registered Land Survey. Mr. O'Malley again mentioned that if this was abstract property they would subdivide by metes and bounds. They will go ahead with the platting procedure. Kadlec Addition Preliminary Plat Public Hearing (Comm. #5-78-3) C) Chairman Retzlaff called the public hearing to order. The Commission had received a letter of review from T.K.D.A. dated 8-22-78. Engineer Wetzler stated that one of the items he was most concerned about was the proposed drainage easement from l69th to the South into the Clifton Hereid property. Also of concern is a low area near County Road 9 that may need some fill but the area may need another storm water runoff pond. There should be a temporary cul-de-sac on Flora Street. Lot 4 of Block 2 is only 2.3 acres. Mr. Kadlec said the frontage of that lot is 330' and asked if a variance could be given because the street was put in as shown in order to save some trees. Chairman Retzlaff called for public input - no one responded. o o l) o (j ""---" Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 3 Motion by Commissioner Kishel, seconded by Commissioner Pyron, to continue the Kadlec Preliminary Plat public hearing to the next meeting. Motion carried unanimously. Pond View Preliminary Plat Cont'd Public Hearing (Comm. #2-78-5) James Conroy Rezoning (Pond View) Cont'd Public Hearing (Comm. #6-78-9) '/, \~./ The Commission had received a revised plat and a market feasibility study. There were 3 representatives from K. Bordner Consultants present - Greg duMonceaux, Managing Director; Dwight Johnson, Research Consultant; Merrill Sundholm, of the Leasing Area. Mr. duMonceaux explained that: access to "Crosstown Plaza" will be off l39th Avenue and Crosstown Boulevard with a service drive around the rear. There is about 6.75 acres with a 44,000 square foot building. This is coverage of about 15% of the site. Basically, the establishment will try to lease to 2 or 3 major users or magnets; such as a supermarket, hardware store, or small financial institution and then have small specialty shops that would go along with a small convenience type center. Setback requirements in the Ordinance have been followed. This is a preliminary site plan but it is pretty much the final plan. Commissioner Pyron, "The Council set up special committees as advisory to the Council and one of them had the duty to look over any shopping centers or planned developments. I think that the report is very nice. It shows that we do need a retail and office complex in Andover; but it doesn't prove to me that the site is the best location. With the recent approval of the Special Use Permit for James Refrigeration near this location, this would make a very close commercial area in a very compact residential area." Mr. duMonceaux replied that this center is located most conveniently to serve a major part of the growth area and it is also located centrally in the Andover Urban area. These are very positive aspects for this site. They think it is very well situated for access, approximation to the population and ability to serve the community. It is near major streets. It is also important to look at the center from a neighborhood standpoint. This type of development will help Andover to control a more sporadic development of commercial land uses in the community. By having a site large enough to handle several of these uses, being centrally located and in the Urban core area, it will probably eliminate spot zoning. o Commissioner Jacobson referred to pages 11 and 13 of the study which stated that the trade area population right now is almost 10,000 people and the potential area could double to 20,000 people. They have applied for a rezoning to Neighborhood Business whic~ roughly define~ serves under 5,000 people and approximately 1 square mile. They were asked why they applied for NB zoning when Shopping Center (SC) would cover a much greater area as they indicated in their market feasibility study. o o u o o Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 4 Dwight Johnson, "Actually the potential could be for a larger size than what we have indicated. The site could hold an 80,000 square foot center sometime but you can't start at that size." He was asked, "Why just apply for the NB zoning when you are thinking in 5 or 10 years you will want to enlarge or make it bigger. Why not zone for what you need now instead of having to go through the whole thing again?" Mr. duMonceaux replied, "I think the over all direction of the center is to develop it as a neighborhood center and what we are trying basically to express is the need for one. What we have shown is a greater need for a similar type of facility. The reason we want to stay at a neighborhood scale is that we feel it is best for this site. It certainly has the potential to draw from a far greater area. The nature of the site, the nature of the community, and the nature of the particular development responding to the people that are here. This helps to protect the community as well as the developer. We are not looking for a large shopping center to develop on this corner." o Commissioner Jacobson - You are applying for a zoning designation that doesn't seem to fit the material that you have gathered. You are saying that this is going to draw from a much bigger area and much more people than the neighborhood designation would give you. He was told that the site has the potential of drawing from that particular trade area; but they are looking at an intermediate type of operation. Mr. Sundholm said that a Tom Thumb or that type of store is strictly a neighborhood store. A supermarket goes a step beyond that and yet it doesn't get into the super stores, as they are called today, which gets into 30,000 to 35,000 square feet. The same thing applies to a hardware store. What is proposed is not a ''Warner's'' type of hardware store. A Tom Thumb is about 6,000 to 8,000 square feet. Jensen's at Northdale Shopping Center is a typical intermediate store which is about 14,000 square feet. Discussed the shopping centers proposed and/or being constructed at Highways 65 and 242 and also at 242 and 9. Mr. duMonceaux said that these will have a very limited affect on businesses at Crosstown Plaza. From a research standpoint you have to deal with the kinds of things that are existing. They can't deal with potential or proposed businesses or shopping centers because sometimes nothing is done for many years. When other shopping centers are ready to go in, then they have to be considered. C) () ,', , . , i ,-.' /-', ~.J o o o o Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 5 Commissioner Pyron - You were talking about spot zoning. This in 10 years would be spot zoning. Here you have a little spot of commercial surrounded by residential with no other commercial potential. They are talking about potentially 20,000 people using this facility and that would be a facility different from what this is. It was mentioned that the trade area in the study is exaggerated. They are encompassing 10 existing convenience stores and 4 potential. Commissioner Kishel said, "I think we should look at this material and see if it meets with our criteria: if it meets with NB, see what the traffic patterns are, the affect on the neighborhood and if it meets with the Comprehensive Development Plan." Mr. duMonceaux said that it will be more than a "ma and pa" thing. It will provide more; but not to the scale where we serve this much larger trade area that is potentially there. It will be a neighborhood center scale. Chairman Retzlaff mentioned that we don't have a "Plan" for providing for neighborhood services to the community. We don't have a "center" in the community but we do have a couple of convenience stores. Mr. duMonceaux - We feel, as planners and consultants, that this is the best type of zoning to protect the neighbors and the community. If you go to shopping center zoning, it would open the scope of things that we wouldn't want to happen. I think it is important to stay community or neighborhood oriented. I would assume it would take 6 to 9 months to build; by the end of next summer the construction would be completed. Mr. Conroy lives right next door to this property and he has spent a lot of time and money on this and cares what goes in. It was mentioned that Crosstown Boulevard is not in the best shape construction wise and it isn't built to handle all the traffic that is being proposed. Chairman Retzlaff called for public input. Lou Rosburg, 2407 - l39th Avenue NW, asked what the current zoning is, whether l39th is designed to handle all the added traffic, if the sewer lines are adequate to handle this and what the possibility of bringing City water sooner. He was told the definition of the zoning designation of R-4. Those present felt that l39th wouldn't have any more traffic than those people currently living in the Red Oaks Addition. Also that the sewer lines were adequate and that these would be low water use businesses. Dick Schneider, 1343 Andover Boulevard NW, "I suppose if I lived in the area I might be opposed to it, but I think Andover does need some business places for a tax base. I think Andover needs something to establish a tax base besides kids going to school." o o o o o o u Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 6 Discussed the proper procedure to follow in making a recommendation on the rezoning and preliminary plat. Discussed whether the design characteristics are needed before making the recommendations. A suggestion was made to vote on the zoning change first because the City Council may turn it down and then a lot of time might be spent on details that may not be necessary. There are many technicalities to be taken care of on the preliminary plat. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, to close the public hearing on the James Conroy Rezoning. Motion carried unanimously. Motion by Chairman Retzlaff, seconded by Commissioner Jacobson, that the Planning and Zoning Commission recommends to the Andover City Council approval of the James Conroy rezoning application on the property as shown on the site plan on the corner of l39th Avenue NW and Crosstown Boulevard (insert legal description). Rezoning recommendation will be from the current R-4 residential zoning to a NB zoning for the following reasons: 1) Public hearings were held and there was no substantial public opposition to the rezoning. 2) The subject rezoning is not in conflict with the adopted Andover Comprehensive Development Plan. Said rezoning would comprise an area of 6.75 acres with proposed neighborhood businesses which would comply with the Comprehensive Development Plan under the Goals, Primary Policies, Secondary Policies, under Commercial Development within the City of Andover. Said rezoning would promote neighborhood conveniences; such convenient retail center shall be located to permit and encourage walking. Said rezoning would be subject to all zoning Ordinances pertaining to parking, accesses, screening and fencing. 3) Proposed rezoning to NB should be subject to site plan as presented to the Planning and Zoning Commission. 4) Site plan shall be subject to review for compatibility with surrounding neighborhood and residences at the time of issuance of any building permits. 5) Said rezoning would not cause an undue hardship or increase, in the opinion of the Commission, of traffic on Crosstown Boulevard or other surrounding major and minor thoroughfares. 6) The subject rezoning would not have a detrimental effect on the health, safety, or general welfare of the community. 7) A market study has been presented as dated on the proposed rezoning dated 8-4-78. Vote on motion: yes - Chairman Retzlaff; no - Commissioner Kishel, Commissioner Pyron, Commissioner Jacobson. Motion denied. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Planning and Zoning Commission, City of Andover, recommends to the Andover City Council denial of the rezoning petition by Mr. James Conroy for the property located at (insert legal description) for the following reasons: 1) The Commission feels the application for a Neighborhood Business designation is inappropriate as shown in the applicant's own feasibility statement. The Commission feels that a more appropriate rezoning for the property would be to Shopping Center or SC designation. 2) While the public hearing was held and o o l) o o Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 7 there was no public opposition voiced, the Commission feels that the Comprehensive Development Plan does not provide for the designation of a Neighborhood Business as in the James Conroy rezoning request. o Discussion: Commissioner Jacobson - I personally don't find a lot wrong with what they want to do with the property. I really think that it should be SC (zoning). It is bigger than the NB designation as defined in our Ordinance. The only thing is the inappropriate designation requested. Their plans indicate they are going to draw from a bigger area than 1 square mile. Chairman Retzlaff - NB is more restrictive. I don't want to see a shopping center there. Commissioner Pyron - I think that this is a neighborhood business. I think their feasibility study shows the need for a small shopping center. I do not feel that this is a site for a neighborhood business because James Refrigeration mayor not be putting in a store but it is zoned for a small business. I don't feel that the Urban area in the South needs 2 of them whether they are different in characteristic or not. I think this is the wrong location. Commissioner Kishel - I don't feel that this is a spot for NB zoning based on traffic patterns that have been established and also the fact that there is another NB zoning nearby. Chairman Retzlaff - I would more quickly send my daughters to this than to the corner of Crosstown and Bunker. I am in favor of this for personal practicality. Commissioner Jacobson mentioned withdrawing his motion but Commissioner Kishel did not wish to withdraw his second. Discussed Ordinance 8, Section 7.03 and the uses that would be allowed in NB zoning compared to those allowed with a SC zoning. Vote on motion: yes - Commissioner Kishel, Commissioner Pyron; no - Commissioner Jacobson, Chairman Retzlaff. Motion fails on tie vote. Discussed proper procedure to follow. Motion by Commissioner Jacobson, seconded by Chairman Retzlaff, that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the James Conroy rezoning for (insert legal description) the following reasons: 1) A public meeting was held and there was no public opposition. 2) While not indicated in the City's Comprehensive Development Plan, a Neighborhood Business at the above mentioned location would not be inappropriate to serve the needs of the residents of the City of Andover. 3) The Commission finds that the designation of the rezoning would not result in adverse effects to the health, safety, morals or welfare of the community. 4) The Commission also finds that by designating such rezoning, the resulting shopping (~ plaza will result in added tax revenues in the City of Andover. o o Cj o o Planning and Zoning Commission Meeting Minutes - August 22, 1978 Page 8 Vote on motion: yes - Chairman Retzlaff, Commissioner Jacobson; no - Commissioner Pyron, Commissioner Kishel. Motion tied. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Planning and Zoning Commission makes the following recommendation to the Andover City Council: that, as a result of a public hearing and extended conversations concerning the request by Mr. James Conroy for rezoning from current R-4 to NB (located at: insert legal description) the Commission has, after many votes, continually arrived at a split decision on the matter. We therefore submit to the City Council the Commission's division on this matter and ask the Council to take the case under advisement with a split decision from the Planning and Zoning Commission. Discussed tabling the matter to the next meeting with the hopes that the entire Commission be there to help make a decision. Vote on motion: yes - Commissioner Jacobson; no - Chairman Retzlaff, Commissioner Kishel, Commissioner Pyron. Motion defeated. o Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that we continue the issue to the next regularly scheduled meeting for further discussion. Motion carried unanimously. Motion by Commissioner Jacobson, seconded by Commissioner Pyron, to continue the public hearing on the Pond View Preliminary Plat to the next meeting. Motion carried unanimously. James Fields Variance (Comm. #8-78-3) Mr. Fields was not present. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the James Fields Variance be moved to the next regularly scheduled meeting. Motion carried unanimously. Ordinance #37 Amendment (Comm. #5-78-8) The Commission had received a letter from City Attorney Hawkins reviewing the proposed ordinance. Motion by Commissioner Jacobson, seconded by Commissioner Kishel, that the Planning and Zoning Commission recommend to the City Council the approval of Ordinance 37B as submitted. Motion carried unanimously. Adiournment o Motion by Commissioner Pyron, seconded by Chairman Retzlaff, to adjourn. Motion carried unanimously. Meeting adjourned at 11:10 P.M. D~a'J~ Commission Clerk o o ~J ~) -\ U () ~- \ \,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 37B An Ordinance amending Ordinance 37 (AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF: PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS AND THE ABATEMENT OF NUISANCES: PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF ANDOVER, COUNTY OF ANOKA, STATE OF MINNESOTA.) Be it ordained and enacted by the City Council of the City of Andover: The following section of Ordinance 37, adopted August 3, 1976, be amended to read as follows: SECTION 2. (E) 7. Maintenance c. Each property owner shall complete the maintenance report of his on-site sewage disposal system and submit the form by September 1st of that year. The City requires that each property owner has his on-site sewage disposal system pumped as often as required by inspections, as stated in Section 2 subsection 7 d. Failure on the part of the property owner to have an on-site sewage disposal system cleaned when said system is found to require cleaning shall be cause for the City to provide for the cleaning service and provide the property owner with an advance notification of the date the system will be cleaned. The cost of this service shall be assessed to the property owner. Adopted by the City Council of the City of Andover on the day of 19_.