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HomeMy WebLinkAboutApril 10, 20121685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda April 10, 2012 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Nomination and Appointment of Chairperson and Vice Chairperson 3. Approval of Minutes — January 10, 2012 4. PUBLIC HEARING: Conditional Use Permit (12 -03) for commercial animal training facility at 3131 161St Avenue NW. 0 5. PUBLIC HEARING: Conditional Use Permit (12 -02) for temporary storage of fill from Hanson Boulevard at 16563 Hanson Boulevard NW. 6. PUBLIC HEARING: Conditional Use Permit (12 -04) for expansion of parking area for used vehicle sales and interim performance standards at 3138 162 d Lane NW. 7. Review program modification and Tax Increment Financing Plan for Development District No. 1 and Tax Increment Financing District No. 1 -5 for compliance with the City's Comprehensive Plan. 8. Other Business 9. Adjournment X 0 ANL66 j0j PLANNING AND ZONING COMMISSIONMEETING — APRIL 10, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 10, 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, Michael Olsen, and Steve Peterson. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Associate Planner, Andrew Liska Others OATH OF OFFICE. Chairperson Daninger administered the Oath of Office to new Planning Commissioners Steve Peterson and Kyle Nemeth. NOMINATIONS AND APPOINTMENT OF CHAIRPERSONAND VICE CHAIRPERSON. Motion by Olsen, seconded by Holthus, to open the floor for nominations. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Olsen nominated Dean Daninger as the Chair of the Planning Commission. There were no other nominations for Chair. Motion by Olsen, seconded by Holthus, to appoint Dean Daninger as the Chair of the Planning Commission. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Olsen recommended Valerie Holthus act as the Vice Chair of the Planning Commission. 0 There were no other nominations for Vice Chair. Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 2 © Motion by Olsen, seconded by Cleveland, to appoint Valerie Holthus as the Vice -Chair of the Planning Commission. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. APPROVAL OF MINUTES. January 10, 2012 Motion by Cleveland, seconded by Holthus, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- present (Nemeth and Peterson), 0- absent vote. uAbl 11J Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 3 © PUBLIC HEARING: Conditional Use Permit (12 -03) for commercial animal training facility at 3131161" Avenue NW. Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a commercial animal training facility at 3131 161St Avenue NW. Mr. Liska reviewed the proposed conditional use permit with the Commission. The proposed building to host the commercial animal training is 1,500 square feet and will require no physical changes to the interior or exterior. All training will take place indoors and there will be no outdoor space used. The facility will be used to host up to ten dogs and their owners specializing in a variety of obedience -based classes. Staff had concerns with the number of parking stalls as the striping was not in accordance with City Code as they were striped with blue paint. Commissioner Olsen questioned if the days and hours of operation would be limited to this conditional use permit. Mr. Liska indicated there were no limitations to the hours of operation within the conditional use permit. Commissioner Peterson questioned if the applicant understood the parking was a concern. Mr. Liska stated the applicant was unaware the parking stalls were not in compliance. © Motion by Holthus, seconded by Cleveland, to open the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Holthus questioned how the applicant would bring the parking lot into compliance. Joann Neve, 5701 Ambassador Boulevard, stated she would take any action necessary to assure that the lot was properly striped. She explained she was renting the site and did not own the property. Commissioner Gudmundson asked if any other employees would be working at this site. Ms. Neve indicated she would handle the majority of the classes but had several contacts that could be brought in to assist with classes. Chairperson Daninger questioned who owned the building. Ms. Neve stated Andover Liquors owned the site. Chairperson Daninger inquired if signage would be posted on the building. Ms. Neve explained she spoke with staff regarding this issue. She would be covering the existing signs and was not requesting additional signage. Chairperson Daninger asked how pet waste would be handled on site. Ms. Neve © indicated she would have waste stations outside of the building to assist pet owners in properly disposing of waste. She would be responsible for emptying these waste stations. HD Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 4 Motion by Cleveland, seconded by Olsen, to close the public hearing at 7:14 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Cleveland questioned if an additional condition should be added to the Resolution to address the pet waste disposal. Chairperson Daninger indicated this could be added, but he was assured that the renter was addressing the issue. Motion by Cleveland, seconded by Nemeth, to recommend to the City Council approval of Resolution No. , approving a conditional use permit for commercial animal training on the property located at 3131 -161st Avenue NW with the following two conditions: The shared parking lot meets the 16 space minimum number of stalls as required by City Code. All parking spaces shall be marked with yellow or white paint. Discussion: © Commissioner Gudmundson asked if the 16 parking spaces would be adequate. Mr. Liska noted the square footage of the properties was calculated and 16 parking spaces was the requirement. Commissioner Gudmundson suggested the hours of operation be addressed in the recommendation. She also requested that the site only be allowed to train domestic animals. Mr. Bednarz indicated these issues could be addressed through a friendly amendment as additional conditions for approval. Friendly Amendment. 3. The site will only train domestic animals. 4. The training of the domestic animals will take place indoors. Commissioner Cleveland and Commissioner Nemeth supported the friendly amendment conditions. Motion, as amended, carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Liska stated that this item would be before the Council at the April 17, 2012 City Council meeting. H Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 5 © PUBLIC HEARING: Conditional Use Permit (12 -02) for temporary storage of fill from Hanson Boulevard at 16563 Hanson Boulevard NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the temporary storage of approximately 7,000 cubic yards of fill material at 16563 Hanson Boulevard. Mr. Bednarz reviewed the proposed conditional use permit with the Commission. He stated City Code 12 -12 requires a conditional use permit for stockpiling more than 400 cubic yards of material on a property. Review by the watershed district was also needed because the material would be stored in a flood plain. The city did receive an amended approval from the watershed district. The engineering department does have concerns with the length of time the material would be stored on site. Mr. Bednarz discussed the item further and recommended approval of the conditional use permit allowing the temporary storage of fill with nine conditions. Commissioner Holthus questioned if the wetlands would be impacted by the fill storage. Mr. Bednarz stated the studies have shown that the wetlands would not be impacted. The areas being utilized were previously used for material storage. He explained a permit would be required from the watershed district and possibly the state if more than an acre © of the site was disturbed for the farm road. Commissioner Gudmundson asked if an interim permit should have been used for this request. Mr. Bednarz stated the conditional use permit process has been used for the past 30 years for temporary material storage. However, recent case law is indicating interim use permits would address this issue. At this time, the city would like to proceed with a conditional use permit. Commissioner Olsen inquired when the material would be stockpiled. Mr. Bednarz stated as soon as the Hanson Boulevard project begins, which was anticipated to begin the end of April or early May. Commissioner Olsen asked what percentage of the material would be used for the farm road. Mr. Bednarz stated the request before the Commission was for the stockpiling of material and the farm road would be a separate request. Commissioner Peterson inquired how the storage would be handled if the Hanson Boulevard road project were delayed. Mr. Bednarz explained the applicant would need to apply for an amendment to the conditional use permit. Commissioner Holthus noted once the letter was received from Anoka Conservation District, the dates within the conditional use permit would be followed. Mr. Bednarz © stated the farm road and the location would have to be determined to assure the wetlands were not affected, and be reviewed by the watershed district. 141D Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 6 Motion by Olsen, seconded by Cleveland, to open the public hearing at 7:32 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Olsen questioned how much lineal feet in roadway was proposed to be upgraded. Dennis Kuiken, 16563 Hanson Boulevard, stated he was proposing to push a roadway to his landlocked 40 -acre parcel. He stated if the sand was not able to be used in this manner, he would sell the sand or use it to resurface his existing roadways. He was not concerned that he would be able to use the sand. Chairperson Daninger asked if the applicant was aware of the dates within the conditional use permit. Mr. Kuiken understood the timeline. Motion by Cleveland, seconded by Gudmundson, to close the public hearing at 7:38 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Gudmundson inquired if the road issue would come back to the Planning Commission. Mr. Bednarz stated it would not. The road location would be reviewed by the Lower Rum River Watershed District and reviewed by the city's engineering © department. Chairperson Daninger clarified the request this evening was for the stockpiling of the fill and not for the future roadway. Mr. Bednarz stated this was the case. Chairperson Daninger questioned if a silt fence was required within the conditions for approval. Mr. Bednarz indicated this was not covered by the city but the watershed district did have this as a condition. Commissioner Olsen expressed concern with the number of truckloads of sand that would be brought into the site for storage. Mr. Bednarz explained that the conditions within the resolution assured that the sand would be removed by the end of this year if the watershed permit was not obtained or the end of next year if the permit was obtained. Commissioner Gudmundson was not concerned with the traffic to and from the site. Motion by Cleveland, seconded by Holthus, to recommend to the City Council approval of Resolution No. , granting a conditional use permit request to stockpile fill at 16563 Hanson Boulevard NW with the nine conditions listed in the staff report. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. © Mr. Bednarz stated that this item would be before the Council at the April 17, 2012 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 7 [AD] PUBLICHEARING. Conditional Use Permit (12 -04) for expansion of parking area for used vehicle sales and interim performance standards at 3138162"d Lane NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the expansion of the parking area for used vehicle sales and interim performance standards at 3138 162nd Lane NW. Mr. Bednarz reviewed the proposed conditional use permit with the Commission. He reviewed the proposed expansion area on the site. The proposed parking addition would provide the five stall minimum that the state requires for up to five total vehicle sales dealers. Each dealer would need city approval for their license along with meeting all state requirements. Mr. Bednarz explained the Commission was not being asked to approve five additional dealers tonight, only the expanded parking space. The applicant has requested the continue with the lighter level of landscaping. He indicated the previous conditions for approval have been carried along to this conditional use permit. Commissioner Cleveland questioned if there would be five or six car dealers on this site. Mr. Bednarz stated there would be a total of five. Commissioner Olsen asked if the applicant would have to come back to the Planning Commission for further review if additional for -sale vehicles were parked in the expanded lot. Mr. Bednarz stated the proposed resolution does allow for the expanded use of vehicle sales, with five parking stalls allowed per dealer for no more than five dealers. Commissioner Cleveland inquired if it was common to have five dealers on one lot. Mr. Bednarz did not feel this was common. Commissioner Peterson requested further information on the surrounding property uses. Mr. Bednarz reviewed the uses in detail with the Commission. Chairperson Daninger explained the city has been working to improve this area. Commissioner Olsen stated the applicant was adding a great deal more impervious surface. He questioned how the water runoff would be handled on the site. Mr. Bednarz reviewed the site plan noting rain gardens would be added to assist with managing the water runoff on site. Motion by Cleveland, seconded by Holthus, to open the public hearing at 8:00 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. H Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 8 Commissioner Nemeth asked if the applicant was working with the state to resolve the address issues. Jason Hemp, 2293 151" Lane, explained he was confident the parking would not be an issue. He indicated the state requires a separate entrance for each dealer; he would be establishing separate suite numbers. Commissioner Holthus questioned if it was common to have five dealers at one location. Mr. Hemp stated this was not common, but more cost effective for the dealers. Commissioner Gudmundson inquired why the site was not established with the expanded parking with the first request. Mr. Hemp indicated he did not have the money to invest in the site originally. Chairperson Daninger asked if Connexus would be charging the applicant to move the guide wire. Mr. Bednarz stated they may do this without charge due to the fact that the applicant is a rate payer or there may be a small charge for mobilization. Motion by Cleveland, seconded by Gudmundson, to close the public hearing at 8:06 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Gudmundson felt the proposed changes would greatly improve the site. Commissioner Nemeth requested the resolution have an added condition to assure that all state requirements are met. Chair Daninger indicated this will be addressed when the applicant applies for dealer licenses with the state before Council approval was granted. Mr. Bednarz explained that Condition #2 addresses this as well. Commissioner Olsen was inclined to approve the conditional use permit and allow the applicant to address the issues with the state through the licensure process. Motion by Holthus, seconded by Cleveland, to recommend to the City Council approval of Resolution No. , approving a conditional use permit for parking expansion for used vehicle sales on the property located at 3138 162nd Lane NW with the conditions listed in the staff report. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the April 17, 2012 City Council meeting. X Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 9 Review program modification and Tax Increment Financing Plan for Development District No. 1 and Tax Increment Financing District No. 1 -S for compliance with the City's Comprehensive Plan Community Development Director Carlberg reviewed the program modifications proposed for the tax increment financing plan for Development District No. 1 and Tax increment Financing District No. 1 -5 for compliance with the City's Comprehensive Plan. He explained that Trident Development has proposed a 70 -unit senior housing facility to be located on the southwest corner of 155`11 Lane NW and Hanson Boulevard NW to be known as Arbor Oaks. As a part of this development, the developer has requested financial assistance through the creation of a Tax Increment Financing Housing District. As a part of the TIF District creation and the City providing a financial subsidy, a number of the units would have to remain affordable for the life of the District. Community Development Director Carlberg reviewed the City's goals within the Comprehensive Plan stating life cycle housing and affordable housing were identified. Staff recommended the Commission review the modifications to the plan and recommend approval of the attached resolution. Chairperson Daninger noted this was not a public hearing but a recommendation from the Commission was needed. Commissioner Holthus stated the task of the Commission was to assure the project met the life cycle housing goals of the Comprehensive Plan. She was encouraged that the proposed senior housing did meet these goals. Commissioner Peterson questioned if the site selection had been considered. Community Development Director Carlberg found the proposed location a good connection between Hanson Boulevard NW and 155`h Lane NW. Motion by Cleveland, seconded by Holthus, to recommend the City Council approval of Resolution No. , finding that a modification to the Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 conform to the general plans for the development and redevelopment of the City. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Carlberg stated that this item would be before the Council at the May 1, 2012 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. E Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2012 Page 10 Mr. Bednarz mentioned that the Arbor Oaks PUD would come back to the Planning Commission yet this spring. Mr. Bednarz indicated Wal -Mart has made application to build a superstore on the old POV's site. This would come before the Planning Commission with a public hearing in the future and the timeline was dependant on watershed district review. ADJOURNMENT. Motion by Olsen, seconded by Cleveland, to adjourn the meeting at 8:26 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. H