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HomeMy WebLinkAboutJanuary 25, 2005 , \ , / Q..&'L9,---,-,cc o._/~........ W'l\JxU' d.- - 't -oS PLANNING AND ZONING COMMISSION MEETING - JANUARY 25,2005 The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was called to order by Vice Chairperson Kirchoff on January 25,2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Tim Kirchoff, Valerie Holthus, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: Chairperson Daninger. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Planning Intern, Chris Vrchota Others , \ , ,/ Mr. Bednarz stated Item 3 was withdrawn by the applicant and in the work session they brought back the Snowmobile/ A TV with some ofthe corrections discussed and they will not be discussing building height at this time. APPROVAL OF MINUTES. January II, 2005 Motion by Casey, seconded by Vatne, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. PUBLIC HEARING: REZONING (05-02) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL R-I TO SINGLE FAMILY URBAN RESIDENTIAL R-4 FOR PROPERTY LOCATED AT 1487 148TH LANE NW. Mr. Cross explained the Planning Commission is asked to review the proposed rezoning to allow the lot split on this property to move forward. Mr. Cross discussed the staffreport with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes - January 25. 2005 Page 2 . , , J Commissioner Vatne stated he had read in the staff report and noted that three sides have already been developed Urban Residential. Mr. Cross stated it is nearly three sides. He showed on the map what areas have been developed. Commissioner Vatne thought Oak Bluffwas granted a Special Use Permit for density zoning awhile ago. Mr. Cross stated this was correct. Vice Chair Kirchoff asked if there was special criteria when located by a landfill. Mr. Cross stated he was not aware of any policy the City would have. Mr. Bednarz stated this would be far enough away that no special restrictions or requirements from the landfill would apply. Motion by Casey, seconded by Greenwald, to open the public hearing at 7:05 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. There was no public input. Motion by Casey, seconded by Greenwald, to close the public hearing at 7:06 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Motion by Greenwald, seconded by Vatne, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, a-nays, a-absent (Daninger) vote. Mr. Cross stated that this item would be before the Council at the February 15, 2005 City Council meeting. PUBLIC HEARING: LOT SPLIT (05-02) TO CREATE TWO RURAL RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 1487 148TH LANE NW. Mr. Cross stated the property owners are seeking approval of a proposal to divide the subject property (Lot 2, Block 1, Oak Bluff) into two urban residential lots. The existing house will remain on one of the lots. Mr. Cross discussed the information with the Commission. Commissioner Greenwald wondered if the people doing the lot split would only have to pay for their portion or would this all be assessed at once. Mr. Cross stated there are a couple of ways to assess property, one way is to defer assessment and another to assess all at once. Commissioner Greenwald asked if Mr. Cross knew what the assessment would be. Mr. Cross stated he did not know at this time. . j Regular Andover Planning and Zoning Commission Meeting Minutes -January 25.2005 Page 3 " , J Commissioner Greenwald stated the applicant then does not know what the cost will be. Mr. Cross stated it depended on what the City Council will do when it comes to a public improvement project in this area. Mr. Cross stated City sewer will be installed regardless. City water will not. Vice Chair Kirchoff stated if they connect to City sewer and water, they can still use their well to water the lawn and not fall under the restrictions the rest of the City has. Mr. Cross stated this was correct. Commissioner Jasper thought R-4 District lots were required to have City sewer and water. Mr. Cross stated it requires City sewer but not water. Mr. Bednarz stated all plats that are approved within the Urban Service Area are required to have City Sewer and Water and there is a street utility project that provides it for all ofthe lots. When a lot is split, there are times when water is not immediately available which is the case in this neighborhood because of the way it was developed over time and some of the approvals that have been granted for lot splits without requiring extensions ofthe water line. The Council is aware ofthis situation and they are going to explore a public improvement that will take the full sewer and water street project through the neighborhood so that everybody when they subdivide further will have all of those utilities but at the present time, water is not immediately available. / Commissioner Greenwald stated on this particular split, if they decide to build, they would have to do their own and will the City require them to hook up later. Mr. Bednarz stated there are two scenarios, one would be that there is that public improvement and sewer and water is both available but if the public improvement is not done, then the applicant will have to find a way to bring sewer to the property and then will need to dig a well in the interim. Commissioner Jasper asked if this was "putting the cart before the horse" by doing the lot split first without doing the feasibility study first. Mr. Cross stated this is up to the applicant; he can dig a well until utilities become available. Mr. Cross stated the lot split conforms to the City standards and the applicant can move forward as he sees fit. Commissioner Vatne stated if they approve this now and the applicant puts in a well on the split off property, in the future a stub would be put in for water access to both properties, would this have an assessment to both lots or is there some option. Mr. Cross stated every home will be assessed that is affected by the stub addition. Vice Chair Kirchoff asked if every property would be assessed even if they decide not to hook up. Mr. Cross stated they would be assessed for improvements. Regular Andover Planning and Zoning Commission Meeting Minutes -January 25,2005 Page 4 Commissioner Jasper stated if a lot split were approved and the applicant found the sewer will be too expensive, would they still be subject to paying the other items in the motion if they do not record the lot split. Mr. Cross stated the fees go along with the approval so if approved, fees will need to be paid. Commissioner Greenwald stated they have approved this for R-4 Single Family... Mr. Cross stated in this situation water is not available when it is in R-4. Vice Chair Kirchoff asked how they can bill for sewer if they do not have City water. Mr. Cross stated he did not have that information. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:25 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Myron Gannon, 1452 I4Slh Lane, stated they have sewer and water on their lots stubbed off a manhole down the road and at this time they do not need this improvement He stated he did not have any objections with the applicant moving the lines down to his property but he does not want to be assessed for this. Mr. Gannon wondered if the public improvements will be assessed to the five property owners or will it be assessed to everyone in the area. Mr. Bednarz stated the feasibility study will determine this. Motion by Casey, seconded by Vatne, to close the public hearing at 7:30 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Commissioner Jasper stated when they approved the split down the road in July, there was some controversy about requiring gutters and curbing, he wondered if this was an issue for this split. Mr. Bednarz stated this goes back to the public improvement and does not have anything to do with the zoning district or the lot size. It would fall back to whatever the Council will require or issue a public improvement project Motion by Greenwald, seconded by Vatne, to recommend to the City Council approval of Resolution No. _, approving the proposed lot split subject to the conditions listing in the attached resolution. Commissioner Jasper stated ifhe was the applicant he would not want to get something approved that would require him to pay thousands of dollars without knowing how much this is going to cost. Councilmember Greenwald stated this is open ended. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Cross stated that this item would be before the Council at the February 15,2005 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes -January 25,2005 Page 5 / WORK SESSION: Commissioner Greenwald thought they did a good job on the City Code 6-4-4, Snowmobiles and All Terrain Vehicles. He stated he did call the State today in regards to snowmobile trails. A snowmobile can use the road as long as it is a designated traiL Commissioner Greenwald stated one thing he wanted the City to look into was if they had any specific language for OHM (Off Highway Motorcycle) vehicles. According to the State, it is the same legality as an ATV (All Terrain Vehicles) Vehicle. He stated many times it is in the same money pool as far as trail designation and so forth. He stated they are getting to the point where they need to be more specific on the use of OHM as they have with A TV Vehicles. Commissioner Jasper asked if they should put the same restrictions on OHM as they have for all terrain and snowmobiles. Commissioner Greenwald stated he would. The Commission discussed the current laws and restrictions of OHM Vehicles. Commissioner Greenwald left the meeting at 7:40 p.m. a. Zoning Ordinance Update " " J 1. City Code 12-3 Zoning District Descriptions Mr. Cross stated the descriptions of the zoning districts are not as accurate and complete as they should be. The proposed changes will be the title "Purpose of Each District" will be changed to "Description of Each District". The district descriptions will be updated with specific language including location requirements scattered in other sections and the general range of activity that is allowed to help guide rezoning decisions. Commissioner Jasper wondered if there are any R-5 Manufactured Housing District areas in the City. Mr. Cross stated there was not. Commissioner Jasper asked if they should delete this district. Mr. Bednarz stated they cannot delete this because according to State Law they need to provide an area in the City for such a District. . , Commissioner Jasper wondered in the NB (Neighborhood Business) District it says it can be served by local collector streets but not exclusively local streets. He stated they talked at a previous meeting about a proposed dance studio in a neighborhood business district, which was surrounding by local streets. Are there neighborhood business districts, which are inconsistent with this . / Regular Andover Planning and Zoning Commission Meeting Minutes - January 25, 2005 Page 6 , new description. Mr. Cross stated local and arterial collector streets do show up in the transportation plan and this was to reflect that hierarchy of streets and their proposed capacity and how that relates to the neighborhood business districts. Commissioner Vatne stated he likes to see things in tables and he recommended having staff possibly summarize the changes in a table format. The Commission discussed how staff could summarize the changes. Commissioner Holthus asked ifthere was a glossary of meanings in the Code book. Mr. Cross stated each area has a section with definitions in it. 11. City Code 12-4-5 Permitted Encroachments J Mr. Vrchota stated this chapter contains a great deal of information, much of which is confusing or belongs elsewhere in the code. There is also information located in another section of the code that belongs in this chapter. The proposed changes include the chapter will be renamed "Encroachments". Sections A, B, and C will remain with some clarifications. Section D is a definition and will be moved to 12-2-2: "Definitions". Section E addresses lot coverage and will be moved to 12-4-3: "Lot Provisions". Section F deals with exemptions from height restrictions and will be moved to 12-14-23: "Building Height". Finally, section 12-4-11: "Quasi-Public Structures" logically belongs in this chapter and will be moved to become the new 12-4- 5-D. Commissioner Jasper asked why side yards were deleted from B. Mr. Bednarz stated side yards that would contain an outdoor picnic shelter or living room are accessory structures and they have their own side yard setback whether it is adjacent to an interior property line or adjacent to a street. There are a number of variables that are covered in the setbacks for detached accessory buildings. The only application of this falls back to the rear yard when it is not along the street. Ifthey left side yards in there, it would actually conflict with other sections of the code for detached buildings. He stated decks also have their own setback in the code. '\ . / Regular Andover Planning and Zoning Commission Meeting Minutes - January 25, 2005 Page 7 , / Commissioner Jasper suggesting changing the language in "C" to "clothesline" instead of "laundry drying equipment". Commissioner Jasper stated in 12-4-3, Lot Provisions, asked ifthis was a carry over from previous code provisions and why was seventy-five percent chosen. Mr. Bednarz stated this presently exists in the code and was hard to find unless stumbled upon. Commissioner Jasper stated seventy-five percent seemed to be pretty high. Mr. Bednarz stated they looked at other cities and twenty-five percent to thirty percent of yard space was fairly common for suburban cities. Commissioner Jasper stated in 12-14-23c, talks about building heights, are they discussing this now. Mr. Vrchota stated this was being moved out of 12-45 into that section and then that section as a whole will be discussed at a later date. Commissioner Jasper stated as he read this, in rural areas a property cannot have a bam that is larger than the house by four feet. He stated this does not make sense to him. Mr. Vrchota stated this is referring to a parapet wall. / \ " J Commissioner Jasper asked to what "to herein provide" refers. Mr. Bednarz stated this was probably an attorney's comment at one point and could be deleted. Commissioner Vatne stated on 12-4-5a2, they tried to shore that up in terms oflanguage and is still hard to understand. He suggested staff break this into a couple of sentences for easier reading. lll. City Code 12-6 Access Drives: Location Mr. Vrchota stated the information in this section conflicts with the five-foot setback requirement found in section 12-14-10-D-3 -f of the City Code. This section will be stricken from the code. The rest of the chapter will be re-numbered as necessary. Commissioner Jasper asked what happened to shared drives. Mr. Bednarz stated they do have some old situations with shared drives but they are non-conforming. He stated they would like to stick with the five foot setback when possible. . , IV. City Code 6-4-4 Snowmobiles and All Terrain Vehicles; Regular Andover Planning and Zoning Commission Meeting Minutes -January 25,2005 Page 8 I / Operation on Public Property Mr. Bednarz stated the substance of the snowmobile/all-terrain vehicle standards does not need to be changed, but the language and structure make the regulations difficult to understand. The proposed change is to restructure this section with appropriate headings and position requirements accordingly. Remove reference to designated trails other than Round Lake and Crooked Lake because there are none. Code sections from Title 6 Chapter 4 not included in the staff report are not proposed to be changed at all. Commissioner Jasper stated in 6-4-4-A-l the wording is still wrong and he suggested staff revisit this and try to reword it such as Sunday through Thursday cannot drive before 8:00 a.m. or after 11 :00 p.m. and Friday and Saturday cannot drive between 1 :00 a.m. and 8:00 a.m. OTHER BUSINESS. I Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the Community Development Department has completed interviews for an Associate Planner Position and pending City Council decision, Mr. Vrchota will be hired for that position. Commissioner Vatne stated several months ago there was some concern expressed about the development next to the new Fire Station regarding clear cutting trees and he wondered if statfhad gone out and looked into that yet. Mr. Cross stated they did and with the approved version of the plat the activities were totally in compliance with the latest approved plan. He stated they did also meet with the neighbor who took issue with it and explained that it was in compliance. ADJOURNMENT. Motion byVatne, seconded by Casey, to adjourn the meeting at 8:15 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Respectfully Submitted, , " Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.