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July 9, 2013
C I T Y O F 0 ND 6 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 July 9, 2013 Andover City Hall Council Chambers 7.00 P.M. 1. Call to Order 2. Approval of Minutes —May 14, 2013 Regular Meeting, May 14, 2013 Workshop and June 11, 2013 Workshop 3. PUBLIC HEARING: Conditional Use Permit —15955 Drake Street NW —In home beauty salon — Kim Coleman 4. PUBLIC HEARING: Rezoning — 35.78 acres at the SE corner of Andover Blvd NW and Prairie Road NW from R -1 Single Family Rural to R -4 Single Family Urban - Mark Smith 5. PUBLIC HEARING: Preliminary Plat — 35.78 acres at the SE corner of Andover Blvd NW and Prairie Road NW for a 71 — lot urban residential development known as Catcher's Creek — Mark Smith 6. PUBLIC HEARING: Zoning Text Amendment — City Code Title 5 Police Regulations to amend noise regulations for loading, unloading, and unpacking areas and City Code Title 12 Zoning Regulations to amend the general provisions for off - street loading and unloading areas. 7. Other Business 8. Adjournment colp F E ANDOV• ERJANal' f PLANNING AND ZONING COMMISSION MEETING —JULY 9, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 9, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, and Steve Peterson (arrived at 7:05 p.m.). Commissioners absent: Also present: APPROVAL OF MINUTES. Valerie Holthus, Lynae Gudmundson Community Development Director Dave Carlberg City Planner Stephanie Hanson Others This item was moved to end of the agenda due to the lack of a quorum of those present at that meeting. PUBLIC HEARING: Conditional Use Permit —15955 Drake Street NW— In Home Beauty Salon — Kim Coleman Associate Planner Andrew Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for an In Home Beauty Salon. Commissioner Peterson arrived at 7:05 p.m. Associate Planner Liska reviewed the proposed Conditional Use Permit with the Commission. Commissioner Cleven indicated he was a neighbor but stated this should not impact his decision on this matter. Motion by Koehler, seconded by Peterson, to open the public hearing at 7:10 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent ( Gudmundson, Holthus) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 2 Mr. & Mrs. Coleman, 15955 Drake Street NW, appeared before the Commission to answer questions. Commissioner Nemeth wondered if there will be a lot of clients at the salon until 9:00 p.m. Mrs. Coleman stated it all depended on the process that was being done. Commissioner Koehler asked if the salon will close at 9:00 p.m. or is the last appointment at 9:00 p.m. Mrs. Coleman indicated it would close at 9:00 p.m. Chairperson Daninger asked if the timeframe was shortened, would Mrs. Coleman have an issue with it. Mrs. Coleman indicated she was trying to accommodate her clients and it could pose a problem. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:13 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Commissioner Peterson indicated with an in -home business, parking is usually the issue but with only one person working at the salon he did not think there would be a problem and he did not have any issues with this request. Chairperson Daninger thought because this is a residential area, the timeframe could be an issue but he did not have an issues with this application either. Motion by Peterson, seconded by Koehler, to recommend to the City Council approval of Conditional Use Permit for an In Home Beauty Salon. Motion carried on a 5 -ayes, 0- nays, 2- absent (Gudmundson, Holthus) vote. Associate Planner Liska stated that this item would be before the Council at the July 16, 2013 City Council meeting. PUBLIC HEARING: Rezoning — 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW From R -1 Single Family Rural to R -4 Single Family Urban — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on rezoning of 35.78 acres at the SE Corner of Andover Boulevard NW and Prairie Road NW from R -1 Single Family Rural to R -4 Single Family Urban. City Planner Hanson reviewed the proposed rezoning proposal with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:17 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. 0 There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 3 © Motion by Nemeth, seconded by Peterson, to close the public hearing at 7:18 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Motion by Peterson, seconded by Koehler, to recommend to the City Council approval of Rezoning 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW from R -1 Single Family Rural to R -4 Single Family Urban. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. City Planner Hanson stated that this item would be before the Council at the August 5, 2013 City Council meeting. PUBLIC HEARING: Preliminary Plat — 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW for a 71— Lot Urban Residential Development known as Catcher's Creek — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Preliminary Plat of 35.78 Acres at the SE Corner of Andover Boulevard NW and Prairie Road NW for a 71 — Lot Urban Residential Development known as Catcher's Creek. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. © Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:27 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Mr. John Stevens, 14464 Flintwood Street, stated he was concerned with the main road going through the proposed new development and possible speeding. He was looking for a way to break up the road to slow traffic down. He also thought adding more homes to the neighborhood with only two exits will be taxing on traffic. He also noted they do not have any access to trails or sidewalks in the neighborhoods. He noted this will also add to the possible traffic problems. Mr. Stevens stated the size of the park in his neighborhood is ample right now but could get overwhelmed with more children. He stated they were concerned with the safety of the children and their neighborhood along with outside traffic being funneled through the neighborhoods. Mr. Justin Higgins, 14454 Evergreen Street, stated his concern was with the park and street flow. He displayed a proposed plat from a couple of years ago and showed where a proposed future park could go along with how the road was broken up with the proposed plat to slow traffic down. He requested that something like what is on the historical plat be done. X Regular Andover Planning and Zoning Commission Meeting Minutes —July 9, 2013 Page 4 ® Mr. Paul Theis, 190 144`h Avenue NW, stated his concern was with construction traffic and what could be done to prohibit them from the Hickory Meadows entrance and allow them only access from Prairie Road. Mr. Mark Smith, applicant, reviewed the preliminary plat with the Commission. He noted the Park Commission did not want any more park land with the development in that area. He noted they will work with staff to see what can be done to help the neighborhood concerns. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:38 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Assistant Director of Public Works /City Engineer Todd Haas reviewed the reasons why the Park Commission did not want to have additional parkland within the developments in the area. He also reviewed the proposed new roadway and how they planned to slow traffic with the neighborhood. He noted the roadway will be properly signed based on Minnesota mandates. Mr. Haas stated the streets will posted at 30 MPH and cannot be posted any lower. He noted the park will be signed but the speed limit will remain at 30 MPH. Access management to Andover Boulevard is controlled with the County and he did not believe ® the County will allow another access onto Andover Boulevard. Mr. Haas stated City staff needs to talk to the Council to see if they think sidewalks are needed with the development to get to the park. He thought if there was interest from the Commission to add sidewalks, they should indicate it for the Council to review. Community Development Director Dave Carlberg indicated the residents were concerned with construction access. Mr. Smith stated they can block off the access so construction access is limited to one access area. He noted once the streets are in it will be hard to regulate it. Mr. Stevens understood there have been issues getting this development done but he did not believe that it should be built without concern for the safety of children and residents in the neighborhood with a straight street. He thought the street needed to be adjusted to slow traffic down. Commissioner Nemeth asked if a speed bump could be installed on the road throughout the development. Mr. Haas stated they do not recommend speed bumps because people tend to drive around them or slow down over the speed bump and then accelerate faster after the speed bump. They are also hazards to snowplow drivers in the winter. Commissioner Peterson asked if Mr. Haas had traffic counts for Prairie Road and ® Andover Boulevard. Mr. Haas indicated he did not have that information but thought Andover Boulevard was a busier road as it is a County thoroughfare. U Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 5 Commissioner Peterson asked where the trail ends on Prairie Road. Mr. Haas stated it starts on the east side of Andover Boulevard and goes down to Bunker Lake Boulevard. Commissioner Cleven asked if the concern of the Coon Creek Watershed District and Anoka County is going to be taken care of before this is approved. Ms. Hanson stated that is one of the conditions. Commissioner Cleven asked if there is a possibility of installing turn lanes at Andover Boulevard and Prairie Road because it is a recommendation. Mr. Carlberg indicated it is a recommendation but at this time, the County is not going to install them. Commissioner Koehler asked what the drawback would be to installing turn lanes. Mr. Haas stated there is none except for the cost of installation to the developer. Chairperson Daninger noted the length of the cul -de -sac met City Standards. Ms. Hanson indicated they were within the limits. Chairperson Daninger asked if it is safer to have sidewalks within neighborhoods. Mr. Haas indicated there are a few sidewalks in different neighborhoods and if used they do provide safety. The sidewalks are not meant for bikers, just pedestrians. © Chairperson Daninger asked who would be using the roads with the neighborhood. Mr. Haas thought both neighborhoods would use them depending on where they are heading. Chairperson Daninger asked how Mr. Haas compares this road with Veterans Memorial Drive. Mr. Haas stated the traffic will be lower in this development. Mr. Haas reviewed the previous concept plan with the Commission. Mr. Smith stated the previous drawing was done by the Hickory Meadows developer and was not their plan. Mr. Carlberg indicated the previous plan was a ghost plat provided by another developer. Commissioner Nemeth stated in the letter from Anoka County, it is talking about a possibility of a round -about at Prairie and Bunker and asked if staff has looked at that. Mr. Haas indicated they have not reviewed that possibility at all. He noted this will need to be looked at by the Council. Commissioner Nemeth stated he was looking at one of the sketches and it is showing a buffer area on Andover Boulevard where conifer trees will be moved to a new area for buffering. Mr. Smith stated there are smaller trees in the development along with hard wood trees and they are looking at moving them for buffers. Commissioner Peterson asked if there is a lighting plan for the development. Mr. Haas © stated there will be a lighting plan and streets lights will be required. The Parks Commission will need to review this to decide if they want a light within the park itself. C Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 6 Commissioner Koehler indicated someone needed to look at the traffic patterns and possible increased traffic because there will be traffic in the area in the morning during rush hour along with kids going to school. Chairperson Daninger stated he would like to see something happen with the roadway in the development whether there be a sidewalk or a way to slow down the traffic. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the Preliminary Plat with the stipulation that the issues regarding traffic on 144` Street are looked at by staff and a solution is provided to try to mitigate the volume as well as provide for safety of the children along that thorough fare and look at a way to control the traffic at Prairie and Andover to prevent the offset of traffic going through 144th Street. Further discussion: Commissioner Peterson stated he agreed with both of those conditions and thought it was important staff looks at both because even if a sidewalk is installed it does not prohibit people from cutting through and they have not solved the main issue. He also did not think it was fair that the developer should pay for all intersection improvements. He also thought they should look at mounding and reserve enough room in the easement for a © future round -about if needed. Mr. Carlberg thought staff needed to look at what the developer is already giving the City and County for right -of -way and if additional right -of -way needs to be dedicated for a roundabout at Prairie Road and Andover Boulevard as recommended by the County Highway Department it may have to be purchased from him as there needs to be a nexus between the traffic generated by the development and the need for the improvement. He noted the letter from Anoka County is a recommendation, not a requirement. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. City Planner Hanson stated that this item would be before the Council at the August 5, 2013 City Council meeting. PUBLIC HEARING. Zoning Text Amendment— City Code Title S Police Regulations to Amend Noise Regulations for Loading, Unloading, and Unpacking Areas and City Code Title 12 Rezoning Regulations to Amend the General Provisions for Off-Street Loading and Unloading Areas Community Development Director Dave Carlberg noted the purpose of this item is to hold a public hearing and take input on a Zoning Text Amendment — City Code Title 5 Police Regulations to Amend Noise Regulations for Loading, Unloading, and Unpacking © areas and City Code Title 12 Rezoning Regulations to Amend the General Provisions for Off -Street Loading and Unloading Areas. E Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 7 Community Development Director Carlberg reviewed the proposed Zoning Text Amendment with the Commission. Commissioner Nemeth asked for clarification on the times and the decibel levels. Mr. Carlberg reviewed the decibel levels allowed in the City and the times allowed with the Commission. Motion by Nemeth, seconded by Cleven, to open the public hearing at 8:33 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Chairperson Daninger noted a letter was received from Ms. Brenda Hanson, 1939 135th Avenue NW. Ms. Hanson addressed the Commission regarding her issues with the noise at Target during early morning hours. Mr. Dave Whitney, 1902 1351h Avenue NW, stated this issue does not necessarily impact him but there are a number of other neighbors that are impacted by the noise. He noted the incoming Wal -Mart could pose issues with noise in that area. © Mr. Whitney explained he was a truck driver and knows what kind of noise the trucks can make. He reviewed the different types of noise being made. Ms. Hanson stated regardless of whether the windows are open or not she hears the noise. This is a year round noise they have to put up with. Motion by Koehler, seconded by Nemeth, to close the public hearing at 8:48 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Commissioner Koehler stated in the letter, Attachment A, there is not one city listed that states anything audible and there needs to be some balance. He did not know of any other recommendation other than the one put forth by a national organization. There has to be some guideline and not just what I can hear and what you can here. Commissioner Nemeth stated other than the time, he was not an expert regarding decibel levels but would suggest changes be made to some of the decibel levels. Mr. Carlberg stated the levels are MPCA standards and he would suggest they City not change them as they are widely used and recognized. Commissioner Cleven stated the standards being used are nationally recognized and the levels they have are considered to be within boundaries. The issue with noise they are talking about seems to be with trucks dropping their trailers. He thought if the noise © persisted for more than six minutes, the resident should call the sheriff to have the offender cited. C Regular Andover Planning and Zoning Commission Meeting Minutes —duly 9, 2013 Page 8 Commissioner Peterson thought in the future with development next to commercial areas they should consider buffering for noise. Commissioner Cleven reviewed what some other cities have done regarding noise and decibel levels at the property line. Mr. Carlberg indicated they do take a decibel reading at the property line of the receiving property. Commissioner Koehler asked if staff knew the details of the Anoka County Sheriff's report on the decibel levels. Mr. Carlberg stated a deputy of the Sheriff's Office came out on two different nights and took readings for at least an hour in order to get accurate readings. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Zoning Text Amendment including the change in time to 10:00 p.m. to be consistent with Title 5 and Title 12. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Mr. Carlberg indicated that if Ms. Hanson experiences additional noise issues that may be in violation outside the sound testing hours that was done to let him know and staff can ask the Sheriff's Department to take additional readings. He stated that he will also work © with the store manager to see if some additional buffering/landscaping can be done to alleviate the noise issues. Commissioner Koehler stated making the change to the City Code is for the good of the City, not for just the good of one resident but the City can look at additional ways to correct the issue. Mr. Carlberg stated that this item would be before the Council at the July 16, 2013 City Council meeting. APPROVAL OF MINUTES. May 14, 2013, Regular Meeting Commissioner Nemeth requested some wordsmith changes to the minutes. Second page, eight paragraph down "Commission Peterson stated the ap licants' letter ". Page four, sixth paragraph down "City Planner Hanson stated the property owner and applicant as is proposing ". Page eight, where the motion failed on a 3 ayes and 0 nays should actually be 4 nays. Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Gudmundson, Holthus) vote. May 14, 2013, Workshop Meeting 0 Regular Andover Planning and Zoning Commission Meeting Minutes — July 9, 2013 Page 9 Commissioner Nemeth suggested some wordsmith changes to the minutes. In the third paragraph down under "Retail Sales and Services" the word "he" should be changed to "she." In addition at the end of the "Over Stores and Shops" there should be a period, not a comma because his statement was in addition to and not the same sentence. Page three, third row, the sentence "Chairperson Daninger stated his understanding on this item was to change to the definition." Also, in the same paragraph, "The center district having them as interim uses." Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Gudmundson, Holthus) vote. June 11, 2013 Workshop Meeting Motion by Nemeth, seconded by Koehler, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 1- present ( Daninger), 2- absent (Gudmundson, Holthus) vote. OTHER BUSINESS. City Planner Hanson updated the Planning Commission on related items. 0 Chairperson Daninger noted this Friday and Saturday is the Andover Fun Fest. ADJOURNMENT. Motion by Peterson, seconded by Koehler, to adjourn the meeting at 9:09 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Holthus) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. DI