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HomeMy WebLinkAboutJuly 30, 1974 r'l \. / / ) :, ) f7l"uw Tuwnship r \ \. ) \ , J Planning & Zoning Agenda - July 30, 1974 - 7:30 p.m. at the Grow Town Community Center. ,-" - / - tl - .~ /,;;~' I - , I I ___ ' '/ {:?,):; 1: S. S. Morris - Memorial Park 77/- 2 2. Rosella Sonsteby - Rezoning -~ 3. Mr. Reynolds - Sketch Plan - ,/ 4. Mr. Bruce Folz - Orr-Schelen-Mayeron - Sketch Plan (Hyit Realty Co., section) '5. Build!.,/!, SiLe Gr4t:~ - ,~ 6. Gerald Windschit 1 - Rezoning " J \ \. ) GI<VW TVWNStllP Minutes of the REGULAR SCHEDULED fillETING of the Grow Township Planning and Z~ning Commission held July 30, 1974 at the Grow Town Community Center. Attending were: Chairman Miles, Commission members Bush, Jaw- orski, Jack, Johnson, Rither and Vander Laanr and Attorney Hawkins. Meeting was called to order at 7:35 by Chairman Miles. Jaworski moved to accept the minutes of the ing of the Planning and Zoning Commission. motion carried unanimously. June 25, 1974 meet- Johnson seconded; 774-1 Proposed changes to Ordinance #8 were read and Chariman Miles in- dicated these will be on the agenda for the next regularly scheduled meeting and will be published in the newspaper. 574-1 Next item on the agenda was action on the proposed Building Site Criteria based on Soil Limitations Map. A proposed motion was read by Chairman Miles. A letter from Larry B. Carlson express- ing concern on this action was read. He asked that before the decision on this matter was reached that a clearly written state- ment be issued which sets forth the cause or causes for this action, what is to be accomplished and how the goals are to be attained. Johnson moved that the motion proviously read be acted on. Bush seconded the motion; carried unanimously. 674-2 Bruce Folz, engineer from Orr-Schelen-f1ayeron & Assoc., Inc., came forward on behalf of S. S. Morris, Hy itman and william Itman, who propose to build a memorial park in Grew Township. Folz presented a sketch plan indicating the piece of property at approximately 20 acres with a creek running through it. He said most of the property is extremely low and flat and that it would be filled with five te six feet of fill material. The tree lines would be left as buffers. Folz explained he was pre- senting just a rough contour map as he hadn't had a chance to get out to the site yet. A road was proposed in an east, seuth- easterly direction through the property with two access points. vander Laan indicated an example of a cemetary named the Layman's Sailor's and Soldier's Memorial Cemetary which is now being cared for by the Minneapolis Park Board. ~fforts to relocate the buried failed and the graveyard was then taken over by the City of Minn- eapolis. 0he said it takes a great deal of m.ne~ to start a graveyard and that if it goes bankrupt it will have to be taken over by the community or county in which it is locBced. She said ~alifornia now has 267 cemetaries being maintained by cities and that that state does net permit any cemetary of less than 75 acres because they feel the perpetual care fund will not be large enough to last for 100 years in any cemetary which is smaller. G~VW TVWNS~IP Page 2 She centinued that frem a censervation standpoint another cemetary may net be the best thing right now. According to figures from the National Recreation and Parks Assn., the Bureau of Census, cem- etaries occupy as much as 2 million in this country. This would exceed the estimated 1.5 million acres in municipal parks. This site, she noted, is located in a proposed conservation area as shown on p. 168 of the proposed Comprohensive Plan. Vander Laan continued that with double-depth graves, above ground crypts and cremation, present cemetary owners are making better use of land already dedicated to cemetary. She stated that according to the President of the Twin Cities Cemetary Association and two other cemetary owner/managers, the Metropolitan area has sufficient burial space for many years. Chairman Miles read a letter from Attorney Hawkins describing what authority the Township has to regulate this activity. He indiCated under Minnesota Statutes, Chapter 306, are contained regulations for take over of abandoned cemetaries and establishment of perpetual care funds. He recommend- ed that the Planning and Zoning should require a preliminary plat prior to the granting of a Special Use Permit. He also suggested that the Planning and Zoning Commission require articles of incor- poration and names and addresses of all those involved. Under Minnesota Statute 412.221, Subd. 9, a village power which Grow Township posesses, the Township is allowed to regulate, by ordinance, cemetaries and burials of dead bodies and could impose reasonable requirements on the establishment of this cemetary in regard to water tables, land suitability, etc. Folz objected, saying that the Commission should not require the developers to invest a lot of money in planning if they are opposed to the concept. Vander Laan answered that a very thorough plan of what will be constructed in the Township is very necessary at this point, that without knowing exactly what Morris intends to do, the Commission would not know if it would be acceptable to the community, and that if Grow Township is going to have a cemetary, it should be a good cemetary. Folz said that before the developers spend money on the concept, they are interested if the Commission believes in the concept. Jaworski observed that residents were present for the review of the application for the Special Use Permit, not the sketch plan. Vander Laan said the situation arose from the fact that the Commission was not previously given enough information on the Special Use Permit and indicated it could be resolved by Morris's answering some questions. To the series of questions she asked, applicant answered he would incorporate, would not run and maintain the cemetary himself, would charge between $200 and S350 per lot, would not have any double-depth graves, and would class- ity his cemetary as profit making. Vander Laan indicated that according to a former Director of the National Cemetary Association, all cemetaries constructed after 1930 would have to be classified G~VW TVWNStilP Page 3 as non-profit, therefore non-assessable and, as all cemetaries are, non taxable. Hawkins said there would be no need to install sewer and water in the graveyard and therefore it would not be assessed. Laws applicable to burial in high water table areas were then discussed. Jack asked if Morris had an overall plan and target date for the cemetary tQwhich he replied that he wanted to develop at least 3 acres at first. Jaworski observed that the road plan would bring problems, that both roads along the property are narrow and would create hardships and problems for the prop- erty owners out there already. Jaworski said that the water is high in the area, 0 to 1 foot, ponding and flooding with very severe limitations. Folz indicated there~is no standing water in the area at this time, the only water present is in the creek flowing through the property and that six feet of fill material would be brought in. Rither asked from where the fill would be taken and what impact it would have on this area and the area from which it would come. Folz answered the proposed subdivision construction would supply some fill. Rither asked from what area Morris expected to draw the clientele for his operation and refered to the fact that there are already two small cemetaries in Grow Township. He refered to p. 34 of the proposed Comprehensive Plan indicating thAt more than 58% of the population in 1970 were below 25 years of age and that 77% were below 34 years of age. He stressed that the average age structute of the area is very young. Morris indi- cated that today people often don't wait until a death occurs to buy a cemetary lot. Rither pointed out that the corner of 7th Ave. and Valley Drive is zoned Neighborhood Business. Chairman Miles read a letter from Larry B. Carlson asking what impact it would have on his property located adjacent to the memorial park site. It was then established that there would be a need for a well and limited use for a septic system. Hawkins advised because most of the land is unbuildable it would not be assessed for sewer and water. Mr. Busher, brother of Helen Cogan, an adjoining property owner, observed that the developers are purely talking about a concept. Myron Roseland, andtherl'adjacent:propertYiowner"iildicated" there should be a certain distance between the road and graveyard to be restricted from cemetary use and that this would not leave enough property to be developed into cemetary. Ed Coleman, Attorney for James Stack, observed he had done some research and found that it takes many years to make funds from this kind of operation and that it takes a minimum of 75 acres to make a good one. He observed no soils tests have been made and asked if Morris wasn't expecting the Commission to accept a pig in a poke. Folz said- he didn't see that this would be creating a public burden. Jaworski asked if applicants'had any more' land in the area and it was stated that they owned another 115 acres across the road. Stack said there already is an abandoned cemetary on that property. Commission observed there just hasn't been enough information presented on 774-2 G~VW TVWNS~IP Page four which to make a judgement. Rither read from Ordinance #8, Sec. 5.03 (B) listing information requirements. Vander Laan indicated if applicant wished to pursue his project he should present the Commission with very detailed plans prepared by people fully experienced in cemetary development, and that they could consider some futuristic concepts in the cemetary design such as fish ponds or bike trails so that it would also have a use as open space area. She expressed a desire to see financial statements from the appli- cants and approximate cost of the fill and proper soil borings. Itman asked if he could ask the Commission individually for questions or points of information they desire. Cole~an stressed that the adjacent property owners had appeared twice and the Ordin- ance sets forth to the applicant what is required for a Special Use Permit. Vander Laan moved that the Planning Com~ission recommend to the Town Board of Supervisors that the Special Use Permit Application for Morris be denied on the grounds that the Commission has felt the land is too low and the cemetary is not large enough to maintain itself with respect to a perpetual care fund. Johnson added that the request does not contain all the criteria necessary as listed under Sec. 5.03 (B) of Ordinance #8. Rither seconded the motion; motion carried unanimously. Rither then moved that the Commission should consider only agenda items 774-2, 774-5 and 674-4 at this meeting and defer action on items 774-3 and 774-4 to Wednesday, August 7th. Jack seconded the motion; motion carried unanimously. Rosella Sonsteby appeared to request rezoning for 9 acres to Neigh- borhood Business for a grocery store and vegetable stand to belocat- ed on her property on County Road #9. Commission observed soil was classified in Group 2 of the Soil Limitations Map. Sonsteby explained there is 495 feet of frontage on County Road #9 and that access roads to the area would be constructed. Neighbors who were present indicated that only two of them had been notified by mail and it was determined that the Township staff was not at fault in this as the list of adjoining property owners had been sup~lied by the applicant as per requirements in Ord. #8, Sec. 5.02 (B). The following comments were made by adjoining property owners: Robert Haslip, 14279 Vintage NW indicated he was opposed to the rezoning, that it will be just like another Kemp's Store. Beverly Hagen, 14234 Round Lake Blvd. said she was opposed as she never needed a store before in the area. Ann Gallus said she was opposed as her home is within 300 feet from the line. Hagen indicated she had notified everyone who had not received letters from the Town- ship. Gary Olson, 14269 Underclift indicated the road would encompass Underclift and why do we need 2 or 3 accesses to the back 40 acres? What kind of traffic will this bring to the area? Commission asked if any of the residents have had problems in find- ing a store to which all answered no. Commission noted the proposed store would be located on County Road #9, a heavily traveled road. Rither noted there is limited access to the site and tbat the primary G~VW TVWNS~IP Page five consideration should be that three-fourths of a mile to the South is located an area already zoned NB. Miles noted that we must look at the evolution of our Comprehensive Plan and that in the Plan there is already an area designated for NB and this is not that area. Applicant stated she felt this is the perfect spot for a neighborhood business. Olson stated that no one moved out to the area to have a store built next to him, and that there is a store within one mile. Henry Anderson indicated the area should be left for residential use because there are many nice bomes in the area. Mabel MacGill, 14140 Round Lake Blvd. stated she was opposed to the rezoning. Sonsteby explained the store would be 40 by 60 feet with allowance to add on later and that she would not operate the store herself. Gallus stated she would prefer to wait until there is a need for a store in the area. Sonsteby stated all the access streets would be put in immediately with the exception of the southern one. Bush stressed that the people don't feel a need for a store. Rither moved that the Planning and Zoning Commission recommend to the Town Board of Supervisors that the rezoning request for Rosella Sonsteby be denied due to the fact that the area located at the intersection of Round Lake Road and Bunker Lake Blvd. of five to ten acres is presently zoned NB and it is not felt that at this time additional area is needed for Neighbor- hood Business purposes. Bush seconded the motion; motion carried unanimously. Rither noted that if the Board of Supervisors turns down the rezoning applicant cannot for one year reapply for a re- zoning for the area. 674-5 Next item on the agenda was a rezoning request from Gerald Windschitl. He explained that the Board of Supervisors had expressed that his previous appearance before them for a variance had not been in order, that a rezoning request was the way to obtain permission to sub- divide his property. He stated thRt the property is located across the street from an R-4 area, and that rezoning and platting his property would enable him to sell. Miles explained that the Town Board had duly noted the recommendation of the Planning and Zoning Commission and reasons for the denial of the variance request; in that it is an inopportune time to develop the land to the potential which would be most beneficial to the Township and the property own- er; that he would still conform to the proposed Comprehensive Plan. Applicant presented a sketch plan of the property. Jaworski noted the area left with the house would be over 39,000 sq.ft. Miles noted a condition of the rezoning would be that Windschitl would plat and bring to a complete recording 2 parcels of land, and bring to a preliminary approved status the land as divided into R-4 char- acter. Rither noted that the same reasons for recommending dis- approval of the variance, "in this case a rezoning, would still apply. 674-4 I 774-3 \ G~VW TVWNSIiIP Page six Miles noted this would not be spot zoning and that requiring the applicant to plat into 2-+ acre pieces would be premature and not beneficial to anyone. Miles continued that Windschitl has the option of selling the property as it is now, divide it into 2-+ acre lots or to have it rezoned and plat into R-4 lots. Rither ask- ed if we want to create any more R-4 areas and pointed out the land is near the Sanitary Landfill. Jaworski moved that the Planning and Zoning Commission recommend to the Town Board of Supervisors that the rezoning request for Gerald Windshcitl be approved because: (1) there has been no oppostion from adjoining property owners, (2) it is contiguous to other R-4 zoning, (3) it is in an urban area as designated by the proposed Comprehensive Plan. Miles added that Windschitl has agreed to plat. Vander Laan seconded the motion. Bush, Jack, Jaworski and Vander Laan voted aye; Rither voted nay and Johnson abstained; motion carried. Next item on the agenda was the Public Hearing on the Preliminary Plat for Kiowa Terrace. It was determined that an engineering report on the Breliminary Plat had not been received but 'that <.the Park Board had formulated a recommendation to the Commission. It was moved by Rither that action on the Preliminary Plat for Kiowa Terrace be delayed until a special meeting of the Planning and Zoning Commission on August 7th. Johnson seconded the motion; motion carried unanimously. Mr. Reynolds appeared before the Commission to ask if a man to whom he is selling 20 acres of land by metes and bounds on a Con- tract for Deed could separate it into four-five acre pieces, plat only one five acre parcel and get a clear title and separate legal description on that without platting the remaining five acre parcels. The property is located on Tulip Street. Reynolds quoted two es- timates he had received, one for $3,700 and the other for $8,700. Johnson said he would recommend Reynolds to suggest to his buyer that he should try to buy the entire 20 acres and retain it until he can afford to pay for the entire amount of land rather than waste the money for the platting. Vander Laan said she concurred, and Reynolds said his question had been answered. Johnson moved that the meeting be adjourned and Bush seconded the motion; carried unanimously. Meeting adjourned at 12:00.