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HomeMy WebLinkAboutJuly 10, 2012AN DOVE © 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 July 10, 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 E �J H r f PLANNING AND ZONING COMMISSION WORKSHOP MEETING —JULY 10, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 10, 2012, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Kyle Nemeth, Michael Olsen and Steve Peterson. Commissioners absent: Commissioner Valerie Holthus. Also present: Community Development Director Carlberg Others OTHER BUSINESS. Community Development Director Carlberg stated a resident has a Vietnamese potbelly pig and the question has come up if this animal would be considered a domestic animal or a farm animal according to the City's definitions. There is a discrepancy in the definitions because a potbelly pig can be purchased at a pet store and maintained indoors but it would be more closely related to a hog, which is a farm animal. If the City considers these domestic animals then the City would need to determine if licensing, leash laws, and be subject to other ordinances, such as the dangerous animal ordinance and Title 5. Anoka classifies potbelly pigs as swine in their codes and Plymouth has made a firm determination that potbelly pigs are not considered domestic animals. Commissioner Gudmundson stated she is unfamiliar with potbelly pigs and would like to know more about these animals including how big they get. Commissioner Olsen stated he would like to know what other ordinances pertain to animals and how making a determination would affect these. Chair Daninger stated when the ordinances were reviewed previously the words "other similar animals" were used because it was not possible to list every animal. The commission needs to clarify what is considered domestic and farm animals without having to list every animal. Andover Planning and Zoning Commission Workshop Meeting Minutes — July 10, 2012 Page 2 Community Development Director Carlberg stated staff would do additional research including the discussions from previous Planning Commission meetings and a list of all the animal ordinances that may be affected and more information on potbelly pigs. He stated according to the City's ordinances pigs could be on property larger than 5- acres. The City did have an incident several years ago involving a nuisance potbelly pig. He stated the City has also had inquiries about having 3 to 6 chickens in a chicken coop on a small urban lot. This request would require a written request for a City Code amendment at this time. Commissioner Peterson stated he would like to know what other ordinances are tied to the definitions of domestic and farm animals and what the secondary effects might be if these definitions are changed. Commissioner Nemeth asked if the City had an ordinance that limited the number of pets a household could have. Community Development Director Carlberg stated Title 5 does limit the number of dogs and references leash laws and licensing. The dilemma is this area of the code does not reference other animals such as potbelly pigs, chickens, snakes, ferrets, or rabbits. Staff will put together additional information for the Commission's next workshop. 40 Community Development Director Carlberg stated that the rear yard setbacks for industrial zones would need to be reviewed and discussed by the Commission. An automotive service station is interested in locating in Andover in the area of Kwik Trip. The building design they are proposing would encroach into the rear yard setback. Currently the City's rear yard setback for industrial areas is 40 -feet. Staff reviewed the setbacks for neighboring communities and these range from 20 to 25 -feet. If the City amended the rear setback to be comparable to neighboring communities the proposed project would comply. If this amendment would be acceptable a public hearing on the change would be held at the August Planning Commission meeting. Commissioner Gudmundson asked if the 40 -foot setback had been established for drainage reasons. If the City amends this setback requirement then other businesses would be able to construct additions closer to the rear lot lines. Chair Daninger asked if the setback had been a requirement of the Fire Department. Community Development Director Carlberg stated from what Staff had been able to find the setback had been established for aesthetic purposes. Staff will contact the Fire Department and get their input but other communities are allowing the smaller setbacks. He clarified if the code is amended then it would apply to all fixture businesses and allow current businesses some flexibility for expansions. The amendment would also make the © code more consistent with surrounding communities and not be too restrictive. Andover Planning and Zoning Commission Workshop Meeting Minutes —July 10, 2012 Page 3 © Commissioner Cleveland stated the proposed change would be reasonable for the auto service station proposal. He asked what kind of unintended effects this change would have in other parts of the City. Community Development Director Carlberg clarified the proposed change would only affect the City's industrial area. Commissioner Olsen stated he would like to request the Planning Commission also review the rear set backs for general business districts in the City. Chair Daninger stated the Commission should not change the code for one (1) business but this would be a catalyst for the City to look at these codes. If the City is too restrictive it is possible businesses would look at other communities to expand into. He stated he would like additional history on the ordinance and how the 40 -foot set back had been determined before the Commission makes a decision. Community Development Director Carlberg updated the Commission on the City Planner opening. The City would be interviewing next week and a replacement in place by late August. © DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES Community Development Director Carlberg stated the Planning Commission had identified the uses table as a topic for discussion. Staff has reviewed each of the uses in the code back to the original ordinance adopted in 1970. In some cases, no change to a use or the districts where it is allowed has been made since it had been adopted. He stated the Commission is asked to look at #27 and #28 and combine these two (2) and make it a conditional use in the business and industrial districts. It was the consensus of the Commission to combine Item #27 and Item #28 and designate this as a conditional use in the business and industrial districts. Community Development Director Carlberg stated Item #29 is established because Bunker Hills is zoned RI and there are commercial riding stables in this location. The actual stables are in Coon Rapids but the horses do travel along the City's trail system. Staff is recommending this remain a conditional use in the Rl and general recreation districts. The only general recreation area of the City is Sunshine Park. As a conditional use permit the City would have the ability to review each application and set conditions for approval. Commissioner Olsen stated commercial riding stables could also be a conditional use in © the Ag Preserve district. Andover Planning and Zoning Commission Workshop Meeting Minutes —July 10, 2012 Page 4 © Community Development Director Carlberg stated the City might also want to consider ordinances regarding picking up after horses because this has been a problem in some areas of the City. Staff will add commercial riding stables as a conditional use in the Ag Preserve. Commissioner Gudmundson asked the City could consider a grandfather clause for Bunker Hills and then not allow commercial riding stables in residential areas. If another stable would like to build in a residential district they could apply for a conditional use permit and she would not want to see additional stables in residential areas of the City. Commissioner Nemeth stated he would like to see ordinances in place regarding cleaning up after horses. It was the consensus of the Planning Commission to designate commercial riding stables as a conditional use in the R1, Ag Preserve and General Recreation districts. ADJOURNMENT. The Planning Commission adjourned at 6:58 p.m. © Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. H X o i11A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV Andover Planning and Zoning Commission Meeting Agenda July 10, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — June 12, 2012 3. PUBLIC HEARING: Conditional Use Permit (12 -05) amending Conditional Use Permit R063 -09 extending approval of Meadow Creek School Subordinate Classroom Structures at 3037 Bunker Lake Blvd. NW. 4. Other Business 0 5. Adjournment X H 11J "?CN66TA I PLANNING AND ZONING COMMISSION MEETING — JULY 10, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 10, 2012, 7:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Kyle Nemeth, Michael Olsen and Steve Peterson. Commissioners absent: Also present: APPROVAL OF MINUTES. Commissioner Valerie Holthus. Community Development Director Dave Carlberg Others June 12, 2012 Regular Planning and Zoning Meeting None. June 12, 2012 Workshop Planning and Zoning Meeting Commissioner Cleveland stated on page 1, paragraph 3, the phrase "less that" should be changed to "less than ". Commissioner Cleveland stated on page 2, paragraph 1, "non - typically" should be changed to "non - typical ". Commissioner Cleveland stated on page 2, paragraph 2, the word "properties" should be changes to "property's ". Commissioner Cleveland stated on page 2, paragraph 10, insert the word "that" between "campuses" and "should ". Motion by Commissioner Cleveland, seconded by Commissioner Olsen, to approve the June 12, 2012 Regular Planning and Zoning Meeting minutes as presented and the Regular Andover Planning and Zoning Commission Meeting Minutes — July 10 2012 Page 2 © Planning and Zoning Workshop minutes as amended. Motion carried on a 6 -ayes, 0- nays, 1- absent (Holthus) vote. PUBLIC HEARING: Conditional Use Permit (12 -05) Amending Conditional Use Permit R063 -09 Extending Approval of Meadow Creek School Subordinate Classroom Structures at 3037 Bunker Lake Boulevard NW. Community Development Director Carlberg stated Legacy Christian Academy has requested additional time for the existing subordinate (temporary) classroom structures. No changes to the existing buildings are proposed. Legacy Christian Academy has plans to build a new school on the property they own in Ramsey. The necessary funding has not been secured to allow the construction of the school, hence the request and need to extend the timeframe on the existing subordinate classrooms. Staff recommends approval of the proposed amended conditional use permit and the Planning Commission is asked to recommend approval of the proposed amended conditional use permit to the City Council. Commissioner Cleveland asked what type of schedule the Fire Department had for inspecting this facility. Community Development Director Carlberg stated the Fire Department does frequent fire inspections for all commercial and industrial properties and the maximum time between inspections is about two (2) years. Commissioner Olsen asked if the public had made any comments regarding this request. Community Development Director Carlberg stated staff had received one (1) call about the phone number on the public notice sign placed on the property but nothing specific about this application. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to open the public hearing at 7:12 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Peterson asked the applicant for additional information on the time frame for moving to Ramsey. Mr. Casey Breen, 7403 Marlow Avenue NE, Otsego, MN, stated currently the school is waiting for financing. The pad and construction documents are ready and once the financing has been secured construction will begin. Commissioner Olsen asked who owned the current subordinate structures. L Regular Andover Planning and Zoning Commission Meeting Minutes —July 10 2012 Page 3 © Mr. Breen stated the school is leasing these structures from the church and it is his understanding that once the school has vacated the structures the church will remove them. Commissioner Gudmundson asked how close the school was to its financial goal. Mr. Breen stated the school project is estimated at $32 million and currently there is about a $10 million gap in the financing. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to close the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Olsen stated the history and previous meeting minutes show this request had been thoroughly reviewed and the public has not raised any issues with these structures. He clarified there is an expected end to the use of these structures and he would support approving this request for the requested three (3) year extension. Commissioner Cleveland stated he would like to add recommendation l.b. continued regular fire department inspections. Community Development Director Carlberg stated all of the original conditions © contained in the previous resolutions would still be in effect and Condition 9 of this resolution requires inspections by the fire department. Commissioner Peterson stated he would like to see language added that terminated the conditional use at the time the school moves into their new facility in Ramsey. He also stated since the Commission has been working on Interim Use Permit language the Commission could look at approving this request for one (1) year and then have this request renewed as an interim use. Commissioner Olsen stated the City does not currently have an interim use permit process and can only work under the guidelines of the conditional use permit. There have been noted problems with having sunset clauses in a conditional use permit but Andover has not experienced any to date. He recommended the Commission move forward with this request with the ordinances and process that the City currently has in place. Community Development Director Carlberg stated Item La. of the resolution does stated the conditional use permit would expire on August 31, 2015 or earlier, upon termination of the lease of the premises for which the conditional use permit is granted. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to Approve a Resolution R063 -09 Amending the Conditional Use Permit to Extend the Approval for Subordinate Classroom Structures to August 31, 2015 for the Legacy Christian Academy © (Meadow Creek Christian School) on Property Located at 3037 Bunker Lake Boulevard Regular Andover Planning and Zoning Commission Meeting Minutes — July 10 2012 Page 4 © NW. Motion carried on a 5 -ayes, 0 -nays, 1- absent (Holthus) vote, 1- present (Daninger) vote. Community Development Director Carlberg stated this item would be presented to the City Council for approval at the July 17 Regular City Council Meeting. OTHER BUSINESS. Community Development Director Carlberg provided an update regarding the actions taken by the City Council including the denial for a variance to City Code 13 -3 -1 frequency of splitting lots. He stated the retail market analysis by the McComb Group was complete and staff would be scheduling a public meeting with the business community, the City Council, and the Planning Commission for a presentation of the retail market analysis. He stated the deadline for Walmart to complete its application and be on the August Planning Commission meeting agenda is July 24. Walmart is working through some Watershed District issues as well as the transportation study. Revisions have been made to the transportation study and these have been submitted to Anoka County for their review and the City is waiting for comments from the Highway Department. The August 14 meeting will start at 8:01 p.m. due to the primaries. The Arbor Oaks Senior Housing project received final plat approval from the City Council © and they had made application for a commercial site plan which staff is currently reviewing. He stated the Andover Family Fun Fest starts on Friday at 5:00 p.m. He stated the City had a public neighborhood meeting regarding the helicopter rides and there was no one in attendance. Commissioner Cleveland asked when the project on Hanson Boulevard would be completed. Community Development Director Carlberg stated the expected completion date for this project is July 13. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Gudmundson, to adjourn the meeting at 7:28 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Respectfully Submitted, © Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc.