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HomeMy WebLinkAboutJune 12, 2012AN66W © 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 June 12, 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 LNDOVEA M PLANNING AND ZONING COMMISSION WORKSHOP MEETING —JUNE 12, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 12, 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, Valerie Holthus, Kyle Nemeth, and Michael Olsen. Commissioners absent: Commissioner Steve Peterson. Also present: Community Development Director, Dave Carlberg City Planner, Courtney Bednarz Others DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES City Planner Bednarz 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. h1 some cases, no change to a use or the districts where it is allowed has been made since it had been adopted. The definition of retail trade and service would also need to be reviewed for compliance with adopted ordinances that govern the districts in which particular uses are allowed. Commissioner Holthus stated the definition for the M -2 District should be included as multiple dwelling — high density. City Planner Bednarz suggested including small -scale activity on rural lots in urban agricultural. He clarified small -scale would be identified as occurring on less than 5- acres. Commissioner Nemeth clarified the sale of agricultural products would be if the products were taken off the property and sold somewhere else, such as a farmers market. 1 Andover Planning and Zoning Commission Workshop Meeting Minutes — June 12, 2012 Page 2 © City Planner Bednarz stated this would be correct. He stated for Item #5 staff would suggest including the language commercial or industrial. This would keep the non- typical uses that may arise while conducting business from becoming principle uses but they have the flexibility to do non - typical uses without coming to the Council for a Conditional Use Permit. Commissioner Olson clarified if a business had a permitted principle use then they could do incidental repairs or storage that may arise without seeking additional permission from the Council as long as this incidental use does not exceed 30% of the property's floor space. Commissioner Cleveland stated this may be difficult in some business such as a ceramic business or printing business that would store products for either large projects or inventory and it may occupy more than 30% or their floor space. Commissioner Olson stated the words "incidental" and "necessary" are contradictory and he would suggest removing one of the terms. Community Development Director Carlberg stated the City does not want an incidental use to become the principle use of a building. It was the consensus of the Planning Commission to identify Item #5 for additional a discussion at a future workshop. City Planner Bednarz stated Item #6, Item #9 and Item #11 include references to the applicable City Codes that include additional restrictions. He stated staff recommends removing Item #10 because these services are included in the definition for retail trade and services. It was the consensus of the Planning Commission to recommend removal of Item #10. City Planner Bednarz stated staff recommends Item #12, Item #22 and Item #126 should be combined into one line item. If they are combined then a determination would need to be made regarding the districts they would be allowed in. The districts listed with line Item #22 are the most permissive but the Planning Commission should decide if these schools are acceptable in all the districts. The Planning Commission discussed the types of schools and campuses that should be permitted in residential, commercial, and industrial districts. Chair Daninger suggested schools be included as conditional uses in all the districts and this would allow the City to look at the type of school, traffic impacts, and other impacts on the neighborhood. The City would have the flexibility to either allow or deny in an © area based on this information rather than not allowing at all. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2012 Page 3 © Commissioner Olson stated a school is typically low impact and he would suggest looking at listing it as a permitted use in some districts. Commissioner Holthus stated she would like to see this as a conditional use so the City has the opportunity to review the project and look at traffic, safety, and impacts on the City. Commissioner Cleveland stated he would agree with schools being a conditional use in all districts except the general recreation district. It was the consensus of the Planning Commission to combine Item #12, Item #22 and Item #126 and allow conditional use in all districts except general recreation. City Planner Bednarz stated Item #13 would include a reference to the appropriate City Code. City Planner Bednarz stated Item #18 references Christmas tree sales. This is included in the definition for retail trade and services and is permitted under Item #102. If the Planning Commission includes the sale of Christmas trees in the definition of retail trade and services then it would be a permitted use in the Neighborhood Business, General Business, and Shopping Center districts. At this time it is listed as a conditional use in all © districts except the General Recreation, Limited Business, and Neighborhood Business districts. Commissioner Olson suggested these sales as a conditional use in the Neighborhood Business district and the sales of Christmas trees should be removed from the definition of retail trade and services. The Planning Commission discussed removing Christmas tress sales from the definition of retail sales and services and designating these sales as conditional uses in the neighborhood business district. It was the consensus of the Planning Commission to remove Christmas tree sales from the retail trade and services definition and include these sales as a conditional use in the neighborhood business district. City Planner Bednarz stated Item #85 overrides Item #20 and the maximum height of buildings is referenced in City Code 12 -3 -5. Staff suggests removing Item #20 and leaving Item #85 with the reference to City Code 12 -3 -5. It was the consensus of the Planning Commission to remove Item #20 and leave Item #85 with a reference to City Code 12 -3 -5. C Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2012 Page 4 ® City Planner Bednarz stated staff suggested Item #23 include the language "2.5 -acre minimum residential lot size" and a reference to the applicable City Code. Staff also suggested removing this as a conditional use in the R -4, R -5, M -1, and M -2 Districts. It was the consensus of the Planning Commission to add the staff recommended language to Item #23 with a reference to the applicable City Code and to remove this as a conditional use in the R -4, R -5, M -1, and M -2 Districts. City Planner Bednarz recommended Item #24 would also include a reference to the applicable City Code. He clarified animal training facilities and dog kennels were different types of facilities and staff would recommend removing dog kennels as a conditional use in the R -4 and R -5 Districts. Commissioner Olson asked if dog kennels could be a use in the commercial districts. City Planner Bednarz stated the City's current Codes do not allow for dog kennels or boarding overnight of animals in commercial districts. It was the consensus of the Planning Commission to identify Item #23 and Item #24 for discussion at a future workshop and to include discussions on the City's Code. ® City Planner Bednarz stated commercial greenhouse is currently not defined and staff does not believe this is appropriate in urban residential and multifamily districts. Staff recommends commercial greenhouses in the R -1, R -2, and R -3 districts as a conditional use. Community Development Director asked the Planning Commission what they would recommend as the definition for commercial greenhouse. Commissioner Cleveland stated any sales at the site would make it a commercial site. Community Development Director Carlberg stated this could also be considered an agricultural process. If there were other products sold on the site from a third party then it may be considered commercial. Commissioner Olson stated the AG district should also be included on the chart and in the definitions. Greenhouses should be a permitted use in the AG district. Community Development Director Carlberg asked if selling products either grown on the site or from a third party or having customers on the site would be what makes this a commercial greenhouse. Commissioner Cleveland stated if there were sales on site then it would be considered ® commercial even if they are selling what they have grown. Andover Planning and Zoning Commission Workshop Meeting Minutes —June 12, 2012 Page 5 Commissioner Nemeth stated the size of the greenhouse could also have an impact on if it would be considered agricultural or commercial. He stated he would agree the larger the facility would make it a commercial site. Commissioner Olson suggested staff look at the definitions for retail wholesale, retail trade and other definitions and consider adopting a nationally accepted definition. It was the consensus of the Planning Commission to move Item #25 to a future workshop discussion and review the definition for commercial greenhouse at that time. City Planner Bednarz stated staff would suggest removing commercial parks, trail rides, and commercial snowmobile courses from Item #26. Commercial parks are undefined and this could lead to further confusion. Commercial recreation would cover most of these uses. He also stated it needs to remain as a conditional use in the R -1 district because Bunker Hills offers several of these amenities and they are located in the R -1 district. Commissioner Nemeth stated he would not support gun clubs and ranges in residential districts. OTHER BUSINESS. © None. ADJOURNMENT. The Planning Commission adjourned at 6:58 p.m. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. CAW u 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 June 12, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — May 8, 2012 3. PUBLIC HEARING: Variance (12 -01) to City Code 13 -1 -3 frequency of splitting lots at 15873 Linnet St. NW. 4. Other Business © 5. Adjournment x J i►: J •r PLANNING AND ZONING COMMISSION MEETING — JUNE 12, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 12, 2012, 7:00 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, and Michael Olsen. Commissioners absent: Commissioner Steve Peterson. Also present: Community Development Director, Dave Carlberg City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. May 8, 2012 Regular Planning and Zoning Meeting Commissioner Cleveland stated on page 5, the third sentence, the word "contact" should be changed to "contacting ". Motion by Commissioner Cleveland, seconded by Commissioner Olson, to approve the May 8, 2012 Regular Planning and Zoning Workshop minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. May 8, 2012 Workshop Planning and Zoning Meeting Commissioner Olson stated on page 1, the third second paragraph, the last sentence, the phrase "permitted use" should be changed to "conditional use ". Commissioner Cleveland stated on page 1, the second paragraph, the last sentence should be "conditional use permit and not an interim use permit". Commissioner Cleveland stated on page 2, the last paragraph, the last word should be © changed to "Commission". Regular Andover Planning and Zoning Commission Meeting Minutes —June 12 2012 Page 2 Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to approve the May 8, 2012 Planning and Zoning Commission Workshop minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. PUBLICHEARING. Variance (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet Street NW. City Planner Bednarz stated the applicant is seeking approval of a variance to allow two lot splits to occur without the three (3) year waiting period required by City Code 13 -1 -3. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. He reviewed the background and the intent of the ordinance. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect future lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. Commissioner Olson stated that the two (2) proposed lots are included in the grading plan that was provided to the Commission. This plan also includes a retention pond. He asked if the pond had an outlet to the south. He also asked why these lots were incorporated into the Cardinal Ridge Plat but they were not subdivided. © City Planner Bednarz stated the pond did have an outlet to the south. He clarified when the Cardinal Ridge 2nd Addition was approved the review of the grading plan showed the developer had two (2) options with this area. One option had been to build a retaining wall to retain the storm water in the lots adjacent to Mr. Allen's property and the other option had been to work with the property owner to match the grade on those lots to the development which was what was selected. Chair Daninger asked for clarification regarding what would happen with Linnet Street. City Planner Bednarz stated the map shows Linnet Street extending north. The City has a street easement in that area but during the Cardinal Ridge Plat, the City Council had decided that the connection would not be made. The street easement still exists but the City does not plan on making this connection at this time. The easement has not been vacated because the City Council chose not to do this. Commissioner Olson asked if the City owned the lots to the south of the retention pond or if the individual lots owned to the center of the pond. City Planner Bednarz clarified the property lines extend to the center of the pond. He also explained fences are not allowed to extend into the drainage area. © Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 7:14. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. U Regular Andover Planning and Zoning Commission Meeting Minutes —June 12 2012 Page 3 Mr. Scott Allen, 15873 Linnet Street NW, Andover, stated he is requesting a variance from City Code Title 13, Section 13.1.3, allowing him to split and sell two (2) of his four lots at this time. The two (2) proposed lots have been fully graded to the Cardinal Ridge 2 "d Addition plat and once split they would be ready for sale. Currently there is a builder interested in purchasing these two (2) properties if a lot split variance can be obtained. He explained he would be willing to grant the necessary drainage easements to the City in order to complete this request. Approval of this request would also allow two (2) deferred assessments to be paid. The cost to have these two (2) lots platted would not be financially feasible at this time. The City's Engineering Department has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have already been graded to specifications for the Cardinal Ridge 2 "d Addition. He explained he needed to split two (2) lots at this time so he would like to get a variance approved prior to selling them. If the lot split is not approved he will not be selling either lot at this time. He clarified the Cardinal Ridge 2 "d Addition development has one (1) lot remaining and the builder would be interested in building a model on one (1) lot and have the two (2) lots available for sale. Commissioner Gudmundson asked if the property currently has City utilities. City Planner Bednarz stated City utilities had been included to the property line for these ® two (2) potential lots. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to close the public hearing at 7:20. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Olson stated these two (2) potential lots have been engineered and graded so they could be split and sold as part of the Cardinal Ridge 2 "d Addition development. The applicant has been able to provide most of the information required by the City with the exception of having a plat done, which would include the lot comers and easements. He expressed concerns with the property being split further than the proposed lots because he did not believe the remaining lot would be adequate to support additional lot splits. City Planner Bednarz stated if this lot split is approved he would have approximately 2- acres remaining. Commissioner Holthus stated approving the lot split does make sense given these circumstances but City Ordinance 10 Section 14 was created to encourage the platting process. She clarified she would not like to see the City set precedent that allows the platting process to be omitted. Commissioner Gudmundson asked what other information would be provided through © the lot split process that is currently not provided. She clarified that she does not feel the Regular Andover Planning and Zoning Commission Meeting Minutes — June 12 2012 Page 4 © Commission has all the information they need to make this decision based on what is being presented. City Planner Bednarz stated a plat would include a grading plan, a full layout of the property including Mr. Allen's remaining property and what additional lots could be achieved, dedicated easements identified, and a simplified legal description. A typical lot split request includes a map that shows the new lot boundaries, and a new legal description. Commissioner Gudmundson stated she would not recommend approval of this variance without all the information and this information would be provided through the platting process and following the City's ordinances. Commissioner Olson clarified if the applicant was requesting a lot split only then a grading plan would not be provided and there is one in this situation. He stated if this request is approved the Planning Commission is approving the lot split and a variance from the procedure, which requires a plat. Commissioner Holthus stated if the variance is granted then the lot split application would still need to be approved. © Commissioner Cleveland stated he agrees with both sides of the argument. Having two (2) lots with homes on them would be better than two (2) empty lots but it is setting a precedent. These lots are graded but if this is granted then the next person may not have the property graded and they would expect a variance. The City has ordinances in place and these should be followed. Commissioner Nemeth stated the platting process would provide the missing information that is needed to approve this application. He would like to see the full property laid out and what would be remaining. He would like to see additional information prior to making a decision. Chair Daninger stated he would not be in favor of approving this request at this time. Financial hardship is not a valid reason for the Commission to approve a variance and approving this request would be setting a precedent that negates the platting process. Motion by Commissioner Holthus, Seconded by Commissioner Gudmundson, to deny a variance to City Code 13 -1 -3 Frequency of Splitting Lots on property located at 15873 Linnet Street NW because it does not meet City Code 10 -14. The motion carried on a 5- ayes, 1 -nay (Olson), 1- absent (Peterson) vote. City Planner Bednarz stated this item would be presented to the City Council at the June 19, 2012 City Council meeting. X Regular Andover Planning and Zoning Commission Meeting Minutes —June 12 2012 Page 5 © OTHER BUSINESS. Community Development Director Carlberg provided an update regarding the actions taken by the City Council including the Comprehensive Plan Amendment and the Arbor Oaks /Grey Oaks Preliminary Plat and PUD Amendment. He reviewed the Planning Commission recommendations that had been made and what had been approved by the City Council. Commissioner Cleveland asked if the northwest corner of the facility had been looked at and if there had been changes to the building design. Community Development Director Carlberg stated the turning movements had been reviewed and there will not be any changes to the building design in this area. City Planner Bednarz stated the Primary Election is scheduled for August 14 and the Planning Commission is asked to change their meeting from 7:00 p.m. to 8:01 p.m. on August 14 or to meet on August 13 or August 15. There would be a workshop in July. Consensus was reached to meet at 8:01 p.m. on August 14, 2012. © ADJOURNMENT. Motion by Commissioner Holthus, seconded by Commissioner Cleveland, to adjourn the meeting at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. H