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HomeMy WebLinkAboutSeptember 11, 2012ANbbW © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Workshop Meeting Agenda September 11, 2012 Andover City Hall Conference Rooms A & B 6.00 p.m. 1. Call to Order 2. Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses 3. Other Business 4. Adjournment U H H ANLb 6 1 Y j0j PLANNING AND ZONING COMMISSION WORKSHOP MEETING — SEPTEMBER 11, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 11, 2012, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Lynae Gudmundson (arrived at 6:06 p.m.), Kyle Nemeth, Michael Olsen and Steve Peterson. Commissioners absent: None. Also present: Community Development Director Carlberg City Planner Stephanie Hanson City Administrator Jim Dickinson Others DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES Community Development Director Carlberg stated at the August 28, 2012 City Council Workshop, in accordance with Section 12 -14 -4, the Council initiated a text amendment to the City Code to clarify continuous and non - continuous operation of business. The requested text amendment would add these definitions. The Planning Commission is asked to review this language and discuss the impacts to the City and review the pros and cons of amending the City Code. He stated currently the Neighborhood Business and Shopping Center Districts allow for continuous operations but the General Business and Industrial Districts do not. City Planner Hanson stated she had contacted several surrounding communities to determine if they had similar language in their codes. She did not find specific definitions in other codes limiting hours of operation for businesses or defining non- continuous operations. This was done through the PUD process. Commissioner Olsen suggested the Planning Commission work on the definitions then look at how these would apply to the City's districts and impact businesses. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 11, 2012 Page 2 © Councilmember Trade stated she had drafted the proposed language in response to resident concerns that the City's current code was vague in regards to what is considered continuous operation. The intent of the code is not to allow a business to remain open for 23 -hours 59- minutes. The proposed definitions would provide consistency in the City Codes and defining both continuous and non - continuous clearly shows the City's intent with the codes. Chair Daninger clarified the surrounding communities that regulated business hours did it through the CUP or PUD processes rather than provide specific definitions. City Planner Hanson stated this was correct. Community Development Director Carlberg stated that the proposed changes could impact other districts in the City and this should be reviewed as well. Councilmember Trude stated the proposed definitions would set what hours a business could be open and how long they would need to be closed to the public in order to maintain a non - continuous operation. If a business closes for 5 consecutive hours between 11:00 p.m. and 7:00 a.m. then this would qualify as non - continuous operation. Commissioner Olsen suggested the language for non - continuous operations should be "...each day of the week or which is not open to the ... ". He also suggested the 5 -hours be changed to 4- hours. This would allow a business to remain open past 11:00 p.m. and still be able to open early in the morning. Commissioner Peterson asked if this would be 5 -hours overnight or if it would be any 5- hours of the businesses choosing. Commissioner Cleveland stated the intent is to have a business closed during the overnight hours but this would also give businesses the opportunity to remain open to do stocking and other activities as long as they are closed to the public for the 4 or 5- hours. Commissioner Nemeth stated the concerns have been about truck activity during the overnight hours and allowing a business to remain open for non -sales activities would not meet the intent of the definitions. Community Development Director Carlberg stated the traffic would be reduced because the business would not be open to the public. He stated the proposed definitions would not impact industrial businesses in Industrial Districts as much because they are typically not open to the public but this district would also be subject to the limitations of the definitions. Commissioner Olsen stated it would make more sense to lower the number of hours a business is required to be shut to the public to 4 -hours and allow the business to choose © the hours they want for this to occur between the hours of 11:00 p.m. and 7:00 a.m. H Andover Planning and Zoning Commission Workshop Meeting Minutes — September 11, 2012 Page 3 Commissioner Cleveland stated a business looking to potentially move to Andover would look for a definition of continuous operation since this is a term used in the City Code. It was the consensus of the Planning Commission to look at the pros and cons of non- continuous operations with a definition of non - continuous operation as a business that closes to the public for at least 4 consecutive hours between the hours of 11:00 p.m. and 7:00 a.m. Commissioner Olsen suggested the definition for continuous operation as "a business that is open to the public for some portion of each hour of the 24 -hour day. The chart will need to be reviewed to determine if these definitions would work with the permitted and non - permitted uses in each district. Community Development Director Carlberg stated once definitions have been developed then they should be applied to the City's Code and the pros and cons reviewed so the impacts to each district can be looked at. He explained the General Business District is intended to be the main shopping area of the City and is currently more restricted than the Neighborhood Business and Shopping Center Districts. Commissioner Gudmundson clarified under the proposed definitions a business could remain open 24 -hour hours as long as they were closed to the public for 4 consecutive hours between 11:00 p.m. and 7:00 a.m. Commissioner Cleveland stated a pro would be as a business you would know what the City would allow for hours of operation prior to considering opening a business and this would also allow for businesses to plan and schedule down times. Commissioner Daninger stated a pro to adopting these definitions would be there is less traffic on the roads during the overnight hours. Commissioner Holthus stated a pro would be the potential for less crime. Commissioner Gudmundson stated another pro would be the City would have more control over the hours a business can operate. Commissioner Peterson stated if the City does not allow continuous operations then there would not be places for people to hang out in the middle of the night. Chair Daninger stated if he were a 24 -hour restaurant then he would not find Andover as a place for him to build his business. Also by not allowing continuous operations in the City's main business district this will limit the shopping options for Andover residents. © Commissioner Olsen stated there would be a limit of the return of investment for businesses as well if they are required to close when their standard operations show 24- Andover Planning and Zoning Commission Workshop Meeting Minutes — September 11, 2012 Page 4 © hour operations are more cost effective. The process of opening and shutting down a business can be costly. Chair Daninger stated the more revenue local business had the more taxes this would generate for the City. Commissioner Nemeth stated it would be difficult to enforce the hours of operation for a non - continuous operation because the hours they are required to be closed would be different for each business Commissioner Olsen stated the restrictions would make Andover less competitive with surrounding communities for businesses. A General Business District is typically less restrictive than Neighborhood Business and Shopping Center Districts. Commissioner Gudmundson asked how the implementation of these definitions would impact existing businesses. Community Development Director Carlberg stated existing businesses would be grand - parented in their respective districts based on what was in place at the time they were approved. The Planning Commission is tasked with looking at the impact of these definitions on the City as a whole. © Commissioner Olsen stated these definitions would greatly limit the available places for those residents in Andover that are up during the overnight hours. Community Development Director Carlberg stated the process would include the Planning Commission holding a public hearing. In order to hold a public hearing on September 25 a notice would need to submitted for publication in the official newspaper by Wednesday, September 12. He stated in his opinion it would be a mistake for the Planning Commission to move forward with restrictions without looking at the City's Use Chart. If these types of restrictions are going to go into effect for the General Business District then the restrictions for other Districts will need to be reviewed as well. Councilmember Trude stated customers for a regional business come from beyond City borders and this is the type of business that would be in the General Business District. Neighborhood businesses typically only draw local traffic and this is significantly less. The demographics in Andover show this is a community of younger, affluent, family orientated people who work during the day and there are few factory workers. This data would lend itself to support a business district that does not operate 24 -hours a day. She stated those businesses that are regional and along highway systems also have higher crime. Commissioner Olsen stated he could understand this as a logical argument but how could © the City say they want businesses in Andover but only if they serve Andover residents. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 11, 2012 Page 5 © Chair Daninger stated based on the discussions the Planning Commission would not be able to finalize the proposed definitions and hold a public hearing by September 25 Community Development Director Carlberg stated staff had also done a pros and cons list for setting these restrictions in the General Business and Industrial Districts. The pros included the limited traffic impacts during the overnight hours. The cons included Andover would not be considered business friendly and from an economic development stand this would make it difficult to draw new business to the City and the shopping options for residents would be limited. He stated Andover is a progressive community and there are shift workers who would like the ability to shop in their communities. He stated one of the things the Planning Commission should consider is the impacts on other businesses because based on the proposed definitions and the districts involved County Market would be allowed to remain open for 24 -hours but Festival Foods would not. The General Business District was designated because this area is not in a residential area and would not impact residents like a Neighborhood Business District would. Chair Daninger stated there are issues that need to be discussed and reviewed before this type of amendment can be recommended to the Council for approval. Commissioner Cleveland stated the General Business District should not be more restrictive than the other business districts. If this proposal is adopted at this time it is ® clear it would be limit the operations of a single business and he would be opposed to this. Commissioner Holthus asked why there was a rush to approve this amendment. There are still aspects of this amendment that need to be considered by the Planning Commission. Chair Daninger recommended the Planning Commission continue discussions at the next workshop then schedule a public hearing. He clarified he would like to have a more polished amendment proposal to present to the public. Councilmember Trude stated the Council would be disappointed if the Planning Commission did not adopt this language and move forward with a public hearing. The Council wants this adopted as soon as possible so the code is clear in regarding to what is continuous and non - continuous operations. There is a definition presented and this should be moved to a public hearing so it can be adopted as part of the City Code. The Council is not asking the Planning Commission to act on other definitions in the code or the City's use chart at this time. The City needs to be clear on what it would consider non - continuous operation prior to any building permits being issued. Chair Daninger stated the Planning Commission understands the Council would like to move forward but it is the Planning Commissions responsibility to look at the cause and © effect amending the City Code would have. Andover Planning and Zoning Commission Workshop Meeting Minutes — September 11, 2012 Page 6 Commissioner Olsen stated the Planning Commission should consider going back to a bi- monthly meeting schedule. It was the consensus of the Planning Commission to continue discussions on the definitions for continuous operation and non - continuous operation at the next scheduled workshop. OTHER BUSINESS. None. ADJOURNMENT. The Planning Commission adjourned at 6:59 p.m. Respectfully Submitted, © Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. H a 9CNb6W^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda September 11, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — August 14, 2012 3. PUBLIC HEARING: Revised Preliminary Plat and Planned Unit Development Review of Parkside at Andover Station in the northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota as Requested by the Andover Economic Development Authority. © 4. Other Business 5. Adjournment E (ANDOVERS71' PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 11, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 11, 2012, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, Michael Olsen and Steve Peterson. Commissioners absent: None Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Executive Director EDA Jim Dickinson Others APPROVAL OFMINUTES. August 14, 2012 Regular Planning and Zoning Meeting Commissioner Nemeth stated on page 3, the fifth paragraph, the third line, the word "and" should be changed to "an ". Commissioner Nemeth stated page 4, the first paragraph, the word "tow" should be changed to "two" and the word "for" changed to "of'. Commissioner Nemeth stated on page 4, the fourth paragraph, last sentence, the word "will" should be changed to "to ". Commissioner Nemeth stated on page 6, the third paragraph, the eleventh line, insert the word "and" before Wal -Mart. Commissioner Nemeth stated on page 6, the last paragraph, the phrase "The stated" should be changed to "He stated ". Commissioner Nemeth stated on page 7, the fifth paragraph, the City of Andover should be included in the address. pt Regular Andover Planning and Zoning Commission Meeting Minutes —September 11, 2012 Page 2 Commissioner Nemeth stated on page 8, the fourth paragraph, the ninth line, the word "sated" should be changed to "stated" and on the eighteenth line the word "crimes" should be inserted after the word "of'. Commissioner Nemeth stated on page 10, the ninth paragraph, it should be "Community Development Director Carlberg ". Commissioner Holthus stated on page 9, the second paragraph, the sixth line, the word "use" should be changed to "used ". Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to approve the August 14, 2012 Regular Planning and Zoning Meeting minutes as amended. Motion carried on a 7 -ayes, 0 -nays vote. PUBLIC HEARING — REVISED PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT REVIEW OF PARKSIDE AT ANDOVER STATION IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA AS REQUESTD BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY Community Development Director Carlberg stated the Planning Commission is asked to review the revised plat and Planned Unit Development (PUD) of Parkside at Andover Station. The first and second phases of the preliminary plat/PUD have been revised to change the style of housing from attached townhome units and detached single level townhome units to single family houses /units. This adjustment reduces the number of units in Phase I from the planned 24 attached townhome units (three 8- plexes) to 9 single - family units and increases the number of units in Phase II from 33 detached single level townhome units to 36 single - family units /lots. The proposed setbacks for the rear yard will be reduced from 33 -feet to 30 -feet and the side yard setback from the street will be reduced from 25 -feet to 20 -feet. The developer is proposing three styles of homes and each will have a number of architectural and color options available to prevent repetition. The public streets have been constructed providing the interior access through the development. These streets meet the City's typical urban street requirements and allow for parking on both sides of the street. There are two areas of guest parking along 139th Avenue NW and 140th Avenue NW that will be removed. A conservation easement to preserve a stand of trees was provided with the initial phases of the project. To accommodate the new single - family lots and house designs a number of trees will be removed. A vacation of the easement will be necessary and is scheduled for public hearing on the September 18 City Council agenda. Commissioner Cleveland asked how many trees would need to be removed and if the © utility easement would be vacated as well. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 3 Community Development Director Carlberg stated there would one to four feet of grade cut in the area and the preservation of trees will be done on a case by case basis. The trees on the ends of the stand would be removed. The developer and builder will work to preserve as many as possible through grading and sloping. Commissioner Gudmundson asked why this change was being proposed at this time. Community Development Director Carlberg stated the Andover Economic Authority is the developer and they currently have a purchase agreement with Capstone Homes to construct the single- family homes. This style of home is what is currently in demand and what will sell. At this time there is not a market for townhomes in Andover. Commissioner Peterson asked if changing these homes from multi -unit housing to single - family homes would impact the City's density and affordability requirements for the Met Council. Community Development Director Carlberg stated there are general requirements for the City regarding density and affordability in the City as a whole. The City would need to look at future projects to determine how this average will be achieved. Commissioner Peterson asked if the zoning for this development would remain M -1. © Community Development Director Carlberg stated it would remain an M -1 zone but it is developed as a planned unit development. Commissioner Peterson stated with the potential sale of the POVs property to Wal -Mart there would be a portion of this property retained by Mr. Povlitzski. He asked what the zoning is for this property and what the future development would be for it. Community Development Director Carlberg stated there would be approximately 6 -acres retained by Mr. Povlitzski along 139th Avenue NW. This area is currently zoned general business but the property is better suited for residential. There is no development planned for this property at this time and it may be possible the property would be rezoned in the future to residential. Commissioner Nemeth asked why the setbacks would need to change with this development. Community Development Director Carlberg stated the modifications are being requested so the development is consistent with the type of housing project this would be and having a consistent standard throughout the project. Commissioner Olsen asked why Outlot C was not included in the replatting. H Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 4 © Community Development Director Carlberg stated there is no development proposal that would include Outlot C on the south side of 138th Avenue NW. Commissioner Olsen stated the M -1 District shows single - family homes as a non- permitted use. He asked if the PUD would need to include language that would allow this type of development or if rezoning would need to be done. The PUD does not have the latitude at this time to make this distinction. Community Development Director Carlberg stated the M -1 District is a medium density residential district. There are different types of residential housing and as part of the original PUD there are reduced lot widths. The only thing that is being proposed to change is the type of home built from a detached townhome to a single - family home. Commissioner Olsen stated his concern is the City Ordinance states single - family homes are a non - permitted use in the M -1 District. Community Development Director Carlberg stated this would be a question that would have come up when the original project had been proposed. There are currently single - family homes and lots in this development. The current request is following the approved plan intent. © Chair Daninger clarified there was a standard street width in this development with dedicated right -of -ways. He asked if the original PUD had any restrictions or subsidies that would require restrictions such as age. Community Development Director Carlberg stated the street width was a standard 33- foot width and there were no restrictions on the original development that would limit the marketability of the project. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the Public Hearing at 7:32 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Community Development Director Carlberg stated staff had received e -mails and phone calls questioning if this project was related to Wal -Mart or if the units would be rental units. Once residents found this was a separate project and would be single - family homes there were no complaints with the project. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen, to close the public hearing at 7:34 p.m. The motion carried on a 7 -ayes, 0 -nays vote. Commissioner Olsen stated the City has been rigid in its application of permitted and non - permitted uses within each district. He would prefer to see a rezoning request to an R4 District with this request because there is no language in the PUD that would allow change from high density housing to single - family units in the M -1 District. The City is the developer and should be sure the process is followed correctly. He likes the project Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 5 © and development but permitting single - family homes in the M -1 District is not permitted and the property should be rezoned to R -4, Single Family Urban. Community Development Director Carlberg stated staff would work with the City Attorney to include any appropriate language to address Commissioner Olsen's concerns. When the project was approved there had been single - family units included as detached townhomes. The only significant change being requested is increasing the lot width from 53 -feet to 60 -feet. Commissioner Holthus asked what the approximate square footage for these homes would be. EDA Executive Director Dickinson stated the homes would be approximately 1,100 square feet with a split entry, look out or walk out, and three (3) car garage. Commissioner Peterson asked if the Commission would consider leaving the conservation easement on the north and south end and not having those lots developed. He also asked if there were other areas in the City that would accommodate high- density housing. This is a logical location for high- density housing and the City could continue moving forward with high- density housing. © Community Development Director Carlberg stated all the trees in the development area could be impacted by the project so saving the conservation area would not be possible. The developer and builder will work to save as many trees as possible. The market has changed since the original proposal and high- density homes are not selling in Andover at this time. The City currently has a low single - family lot inventory. Chair Daninger stated the market has driven the type of homes that are needed in the community and a 1,100 square foot home would provide a good transition from commercial to residential. The builder and developer will try to save as many trees as possible because having trees on the property will help in selling the lots. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to approve a Resolution Amending Resolution R052 -05 to Modify the Preliminary Plat and Planned Unit Development Standards of "Parkside At Andover Station" located in Section 34, Township 32, Range 24, Anoka County, Minnesota with the addition of a condition the City Attorney recheck the zoning for the project. Commissioner Olsen stated he would agree with having the City Attorney look at this issue. Friendly Amendment Commissioner Olsen offered a friendly amendment adding Condition 9 the Attorney review the project and determine if allowing single - family © homes in the M -1 District as part of this PUD would be acceptable. This was accepted by Commissioner Cleveland and Commissioner Holthus. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 6 U The amended motion was called to a vote. Motion carried on a 7 -ayes, 0 -nays vote. Chair Daninger stated this recommendation would be presented to the City Council at their September 18, 2012 meeting. OTHER BUSINESS. Community Development Director Carlberg provided an update on items the Planning Commission had recommended to the City Council including the approval of the preliminary plat for Wal -Mart, the approval of the conditional use permit for outdoor storage and display for Wal -Mart with additional restrictions and the request for a conditional use permit for off -sale liquor was tabled. There will be a ground breaking/ground blessing ceremony for the Arbor Oaks project on Monday, September 17. He also introduced the newly hired City Planner, Stephanie Hanson to the Commission. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 7:53 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. H