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HomeMy WebLinkAboutNovember 10, 2014X] 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 November 10, 2014 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — September 9, 2014 Work Session September 9, 2014 Regular Meeting 3. Public Hearing: Consider a Conditional Use Permit — Telecommunications Tower — 4619 165th Avenue NW - Verizon Wireless 4. Public Hearing: Consider a Conditional Use Permit — Telecommunications Colocation on Water Tower #2 —1717 Crosstown Blvd NW - AT &T 5. Public Hearing: Consider the Preliminary Plat of the Planned Unit Development of Creekside Meadows — A 6 Lot Single Family Urban Residential Housing Development located at 3200 South Coon Creek Drive - Shadow Ponds, LLC. 6. Public Hearing: Consider the Rezoning Request to Rezone Property from GB, General Business to M -1, Multiple Dwelling Medium Density —139th Avenue NW and Martin Street NW - Povlitzki Holdings, LLC. 7. Public Hearing: Consider the Preliminary Plat of the Planned Unit Development of B & D Estates — A 26 Lot Single Family Urban Residential Housing Development —139th Avenue NW and Martin Street NW - Povlitzki Holdings, LLC. 8. Public Hearing: Consider an Interim Use Permit for Subordinate Classroom Structures —13655 Round Lake Blvd. NW - Grace Lutheran Church 9. Other Business 10. Adjournment 0 0 • Y OF OVE PLANNINGAND ZONING COMMISSIONMEETING— NOVEMBER 10, 2014 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Holthus on November 10, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Holthus, Commissioners Timothy Cleven, Dean Daninger, Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth and Steve Peterson. Commissioners absent: Also present: APPROVAL OF MINUTES. None. Community Development Director Dave Carlberg City Planner Stephanie Hanson Associate Planner Brett Angell Others September 9, 2014 Worksession Commissioner Nemeth stated on page two, first sentence should read, "...the City will begin the rewrite of the 2418 2008 Andover Comprehensive Plan for 2018..." Motion by Koehler, seconded by Gudmundson, to approve the minutes as revised. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. September 9, 2014 Regular Meeting Commissioner Nemeth stated on page two, fourth paragraph, first sentence should read "...would need to go through the gates to get to the used auto sales." Also on page two, sixth paragraph, last sentence should read "He did not see a maximum amount in the State Statute." Commissioner Nemeth also had a change on page three, first sentence in the first paragraph an apostrophe should be added to dealer's and dropping the "s" on dealers in the second sentence. He noted on page five, third paragraph, second sentence should Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 2 • read "...not signage on the specific building which is fer the reason for the proposed amendment." Motion by Gudmundson, seconded by Nemeth, to approve the minutes as revised. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. PUBLIC HEARING. Conditional Use Permit (14 -OX) — Telecommunications Tower — 4619165's Avenue NW— Verizon Wireless. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a Telecommunications Tower for Verizon Wireless. City Planner Hanson reviewed the proposed Conditional Use Permit with the Commission. Commissioner Gudmundson asked what the existing transformer is on the map. Mr. Bryan Kabat, Buell Consulting, 1360 Energy Park Drive, St. Paul was at the meeting to answer questions. • Mr. Kabat stated the transformer is used by the farm, which is located on the property. Motion by Gudmundson, seconded by Nemeth, to open the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Lauren Fischel, 4618 165a' Avenue NW, stated she had some concerns about having a tower across from her residence. One concern was health concerns and another was property value concerns. She noted there is another resident with the same concerns and she also brought a signed petition, which she gave to Ms. Hanson. Mr. Kabat stated regarding health concerns, they are in compliance with the Telecommunications Act of 1996 and cannot debate health and environmental concerns of tower radiation at the local level. He stated all carriers are very closely regulated by the FCC. He stated it is in Verizon's best interest to stay well below the limits for safe operation. Ms. Ellen Untz, 4700 165`s Avenue NW, stated there are numerous studies out for the property value effect of having a cell tower. She submitted to the Commission a peer review study she had regarding a survey asking about neighborhood cell towers and antennas and if they impact a properties desirability. She noted ninety -four percent indicated in the report that having a nearby cell tower or group of antennas would • negatively impact interest in a property or the price they would be willing to pay. She continued to review the survey numbers with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 3 • Ms. Untz stated since the zoning states the City is supposed to protect their property value it would appear to her that putting up a cell tower would not do that. She stated the benefit is such a small area and the people in her area that have cell phone coverage do not have a problem. She was not sure this was filling a gap that needs to be filled. She felt it takes time to find out the health consequences of these towers. She stated she did not want this tower by her and the neighborhood does not want this. Mr. Candille DeMars, 5054 163d Lane, wondered if it was worth putting up a tower when they look at the map coverage. He did not think it was good aesthetics in the area. He stated he moved up to that area to get away from the towers and for aesthetics and nature views. He noted his kids have Verizon and have never complained about the coverage in that area. Motion by Gudmundson, seconded by Peterson, to close the public hearing at 7:20 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Chairperson Holthus asked what the purpose was for installing the tower and where is there a gap in service that requires the tower to be built there. Mr. Kabat stated this tower and most new towers are intended to provide coverage and also additional network capacity in an area, which is very critical to provide a reliable network. He stated wireless network is a limited resource and there is a limit to the number of people that • can simultaneously be on the network before call reliability and quality fade away. Demand for the wireless network is ever growing and many people do not have a landline phone anymore and rely only on their wireless phone. He stated the tower is being designed to carry three additional carriers. Commissioner Koehler recapped for the audience what Mr. Kabat stated. Commissioner Koehler asked what the issues were with the alternate sites. Mr. Kabat stated Fox Meadows Park was the first to be considered and there were extensive concerns there at the time and Verizon decided to seek placement elsewhere. They then looked at placing a tower at Fire Station #4, which was adequate; however, the RF objectives were not able to be met so Verizon suggested looking in the area of the turkey farm. The owners were willing to accommodate them and one benefit is that they are well beyond the minimum setback required. Commissioner Koehler asked what the height is of the trees in the surrounding the area and how much taller is the tower. Mr. Kabat thought the trees south of where the tower will be are approximately fifty feet tall and a line of site is required for the tower so it needs to be taller than the trees. Commissioner Peterson asked if Mr. Kabat had any studies or information to confirm what he has stated. Mr. Kabat stated they are working on a 190 -foot tower in Stearns County, had consulted with an assessor local to the area, did a study of property values there, and also consulted with an assessor in Anoka County. Their findings showed the Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 4 • tower had no negative impact on property values after the tower was built and property values continued to climb. The additional coverage was considered a benefit to neighboring residents. Commissioner Nemeth asked if Verizon had any coverage complaints in the area that Mr. Kabat was aware of Mr. Kabat indicated he was not aware of any but it is a major factor. Commissioner Nemeth asked if there has been any thought process of moving north of the turkey farm. Mr. Kabat indicated for this project the coverage objective was further south and he was not sure if Verizon was doing anything to address the coverage issues to the north. Commissioner Daninger asked where the fire station was located and he also noted a lot of new homes are built without landlines in them. He stated it was mentioned there will be a total of three additional co- locates on the tower but in the plans he only saw two additional so he wondered if Verizon was the third. Mr. Kabat indicated it will be Verizon and three additional carriers. The construction drawing is preliminary for overall site design. He submitted a letter from a tower engineer with their application and in the letter they identify four heights between 54 feet and 106 feet above ground level for carriers. • Commissioner Daninger thought the City Ordinance states they encourage two co- locates. He wondered if this is not approved and goes to the City Council and denied what would be the plans of Verizon. Mr. Kabat stated this would be a decision Verizon would need to make. Commissioner Koehler stated in looking at the design he saw a fifty - Kilowatt generator outside and he wondered if this was for power failure and would it be regularly tested. He also wondered how loud the generator would be. Mr. Kabat stated initially they were considering an indoor diesel generator to be housed in the equipment shelter but because of certain regulatory issues on the Federal level, Verizon indicated this would need to be an outdoor propane generator. The outdoor generator was actually quieter than the indoor diesel generator would be and was tested to be about 62 decibels. Commissioner Koehler asked how the propane tank will be refilled. Mr. Kabot stated from the public right of way. There is an existing driveway they will be using to get to the tower. Commissioner Gudmundson asked Ms. Hanson if the Commission can see the petition and the study brought forward by a resident. Chairperson Holthus stated when they talked about cell towers in parks, there is one south of Lions Park and elevation was always a question. She wondered if the turkey • farm is at a higher elevation than the Fire Station and Fox Meadows Park. Mr. Kabat stated he was not sure about Fox Meadows Park but it was higher than the fire station. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 5 Chairperson Holthus asked if this will allow them to build a shorter tower. Mr. Kabat stated that was correct. The ordinance limits them to 120 feet overall height so 110 feet will have a lightning rod on top of the tower and theoretically the taller the tower is built the fewer towers are needed and the shorter the tower, the more towers are needed. Commissioner Peterson asked at what point do people notice a change in their coverage, data usage, looking at how fast increases are and data being used, people moving to the area and other items of that nature. Mr. Kabat stated he has not seen any information regarding that but demand is growing. Commissioner Koehler asked if this tower will improve the speed of the network overall. Mr. Kabat stated they will notice it in the immediate area and will be a 4G system. Mr. Carlberg indicated the Fire Station #4 mentioned is actually Fire Station 42 and there is a co- location requirement in accordance with the City Code. If a tower is over one hundred feet in height the tower has to accommodate an additional three users. Mr. Kabat stated they will be pulling power from the right -of -way and the generator is only there for back up purposes. Commissioner Koehler asked if the maximum EM Radiation regulated per tower or per . area. Mr. Carlberg stated this is regulated by the FCC requirements and the City does not have control over that. Commissioner Koehler stated he understood they do not have any control over the emissions but they do have control over the density of the emissions which and is something he is concerned with. Motion by Gudmundson, seconded by Nemeth, to recommend to the City Council denial of the Conditional Use Permit for a Telecommunications Tower for Verizon Wireless. Commissioner Gudmundson felt the residents spoke out and do not want the tower and given it is such a small coverage area she felt the residents would take on the biggest burden. Commissioner Daninger asked what the reason for denial was. Commissioner Gudmundson indicated this could fall under the health and safety aspect because they do not know what the repercussions are and also for the scenic view and property values which are grey areas. Commissioner Koehler thought this should be tabled in order to further research this item. He did not feel they had adequate information. They do not know anything about the impact of property values. They do not know what the Federal guideline and regulation is in terms of emissions. Chairperson Holthus noted there has been a motion made and seconded so this item cannot be tabled at this time, a vote needs to be taken and • then the City Council will review and research this. Commissioner Cleven stated Commissioner Koehler brings up some valid points and is not proposing another agenda, Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 6 he just wants to present this to the rest of the Commission indicating they needed more information, which he also agreed on. He stated these studies are one viewpoint and there are studies showing another viewpoint so they need to find some definitive answers and bring it back for a solution to this. Motion carried on a 4 -ayes, 3 -nays ( Daninger, Koehler, Cleven), 0- absent vote. City Planner Hanson stated that this item would be before the Council at the November 18, 2014 City Council meeting. PUBLICHEARING. Conditional Use Permit — Telecommunications Colocation on Water Tower #2 —1717 Crosstown Blvd NW— AT &T. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a Telecommunications Colocation on Water Tower #2. City Planner Hanson reviewed the proposed Conditional Use Permit for a telecommunication colocation on Water tower #2 with the Commission. • Commissioner Gudmundson wondered how many total antennas are on there already. Ms. Hanson stated Verizon, T- mobile and Sprint are on there with nine to twelve antennas each. Commissioner Gudmundson asked what the total maximum antennas are allowed on the tower. Mr. Hanson stated they have a consultant that reviews that and will let the City know if they are over capacity on the tower. Mr. Carlberg noted the limiting factor is the leasable space in the tower and they are close to capacity now. Motion by Gudmundson, seconded by Daninger, to open the public hearing at 7:57 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Nemeth, seconded by Daninger, to close the public hearing at 7:57 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Nemeth asked staff if adding AT &T would cause an interference with the current radio frequency of the other service providers. Ms. Hanson stated it would not and has already been reviewed by the consultant. Commissioner Koehler asked what the purpose of the antenna is to be used for. Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 7 Ms. Hanson noted the AT &T representative was not at the meeting but she would answer the questions as best she could. Ms. Hanson stated it was her understanding the antenna was to be used for better coverage and bandwidth. Commissioner Koehler asked if other sites were considered. Ms. Hanson indicated she was not aware of any other sites. Commissioner Koehler asked if AT &T had an antenna on the water tower today. Ms. Hanson indicated they did not. Commissioner Daninger stated regarding rack space, if they grant this AT &T might have to provide some racks and space so they are not limited. He asked if this is granted, when it will be installed because of small kids playing in the park and he expected AT &T will provide a safe work environment. Commissioner Peterson asked what it looks like inside the water tower. Ms. Hanson indicated in the packet is a photo of what it looks like in the base of the tower. Chairperson Holthus noted the City stores equipment in the tower. Mr. Carlberg indicated that was correct and noted the City leases space inside the tower to cell tower providers and each provider has a certain square footage where their equipment goes. Commissioner Peterson asked if there were opportunities to stack the equipment on each other if more space is needed. Mr. Carlberg stated that is a possibility but the cell provider leases a certain amount of space and can do what they need to within that space. Commissioner Koehler asked if there is power redundancy for this equipment and if the power goes out will the equipment go out. Mr. Carlberg believed there was back up power within the tower because the City also needs to have power for their equipment and he thought this was already addressed within the tower itself. Motion by Daninger, seconded by Nemeth, to recommend to the City Council approval of the Conditional Use Permit for a Telecommunications Colocation on Water Tower #2 for AT &T. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Hanson stated that this item would be before the Council at the November 18, 2014 City Council meeting. PUBLIC HEARING: Preliminary Plat of the Planned Unit Development of Creekside Meadows — A 6 Lot Single Family Urban Residential Housing Development Located at 3200 South Coon Creek Drive — Shadow Ponds, LLC. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a Preliminary Plat and Planned Unit Development (PUD) of Creekside Meadows. Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 8 • Community Development Director Carlberg reviewed the proposed Preliminary Plat and Planned Unit Development with the Commission. Commissioner Gudmundson asked if the land north of the development where the parking spaces are will be City owned. Mr. Carlberg indicated it will be. The strip of land with the four stalls was being dedicated as park by the developer. Commissioner Gudmundson asked why the developers wanted a twenty -five foot front yard setback. Mr. Carlberg stated that is becoming the norm in development because it creates more useable rear yards and homes are being brought closer to the road for aesthetic purposes. Commissioner Peterson wondered if the trail in the development was paved until it gets into the wetland area and then turns to gravel. Mr. Carlberg stated the trail will most likely be a mowed trail, a passive trail rather than gravel. Commissioner Peterson asked what the thought was of making part of the trail paved until the wetland. Mr. Carlberg stated that is because the trail easement is in the rear of one persons' yard and they want to create a defined pathway so people do not meander off the trail into private property. Motion by Gudmundson, seconded by Koehler, to open the public hearing at 8:15 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Koehler, seconded by Cleven, to close the public hearing at 8:16 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Ben Minks, Capstone Homes, 14015 Sunfish Lake Blvd., Ramsey, MN was at the meeting to answer questions. Commissioner Gudmundson asked if the wetland in the backyard was the reason to pull the house pads forward. Mr. Minks stated it allows a little more in the backyard and further distance from the creek. He showed a drawing of one of the larger homes that will be built and noted because of the decreased setback a larger home will be able to be built. Chairperson Holthus stated she really liked this PUD. Commissioner Nemeth asked if there was any thought to moving or rearranging the cul- de -sac in order to make lot 1 larger. Mr. Minks stated if they do that then lot 5 will become smaller and lot 5 has the creek behind it. Commissioner Nemeth asked what the price point of the homes is. Mr. Minks stated they are projecting $350,000 to $470,000. 0 Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 9 Commissioner Gudmundson stated she was concerned with the parking for the park and did not think it would be adequate. She wondered if they could get more parking spaces. Mr. Carlberg stated staff requested four parking spaces for the park and the park will be listed as a passive space and is not designated as an active park. The City is trying to provide access to it but not open it up as part of the park system. Commissioner Peterson asked if the lots were walk out lots or is there a variety of elevations. Mr. Minks indicated these are all proposed to be walkout homes. Commissioner Cleven asked if there will be any issues with the water table. Mr. Minks indicated there would not be any issues and they are well above the high water levels. Chairperson Holthus stated on lot 5, it looks like there is quite a drop in elevation in the back yard and close to the creek, which concerned her. Mr. Charlie Christopherson, Hakanson Anderson, indicated there will be sixty feet from the wetland to the edge of the home. He stated there is a lot of contour left by the original development and will be a very level backyard. He noted what looks like wetland is actually buffering so the home will not be by the creek. Commissioner Daninger asked if there is another access to the path other than from a person's backyard. Mr. Carlberg stated they did look at other access opportunities other than from backyards and the seventy -acre golf course property is not part of this PUD. The City has had an interest in trying to get another access on the south end of the old golf course area but they do not know if they will be able to achieve additional access points. Commissioner Nemeth asked what the developer is giving up to the City as part of the PUD. Mr. Carlberg stated the developer is providing four parking spaces and landscaping around that. A trail being paved coming in on the rear of the lot accessing the seventy acres to the south. They have a higher standard of housing and some additional planting and trees on the lots. Commissioner Nemeth asked if the four items in the memorandum have been completed. Mr. Carlberg stated those are minor items and have made sure that those items are covered in the Resolution. Motion by Daninger, seconded by Koehler, to recommend to the City Council approval of the revised Preliminary Plat and Planned Unit Development subject to the conditions of the Resolution. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Carlberg stated that this item would be before the Council at the November 18, 2014 • City Council meeting. �J Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 10 PUBLIC HEARING: Rezoning Request to Rezone Property from GB, General Business to M -1, Multiple Dwelling Medium Density —1390 Avenue NW and Martin Street NW— Povlitzki Holdings, LLC. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the rezoning request to rezone property from GB, General Business to M -1, Multiple Dwelling Medium Density. City Planner Hanson reviewed the proposed rezoning request with the Commission. Commissioner Gudmundson asked for a history on the property. Mr. Carlberg reviewed the history with the Commission. Motion by Nemeth, seconded by Daninger, to open the public hearing at 8:36 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Gudmundson, seconded by Nemeth, to close the public hearing at 8:36 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. is Commissioner Koehler asked what is currently on the triangle property. Ms. Hanson stated there is nothing on that property and would be part of the B & D Estates plat. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the rezoning request based on the fact that the property is located within the MUSA, water and sewer are available to the property, and the request is in harmony with the Andover Comprehensive Plan. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. City Planner Hanson stated that this item would be before the Council at the November 18, 2014 City Council meeting. PUBLIC HEARING. Preliminary Plat of the Planned Unit Development of B & D Estates — A 26 Lot Single Family Urban Residential Housing Development —139`h Avenue NW and Martin Street NW— Povlitzki Holdings, LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Preliminary Plat and the Planned Unit Development of B & D Estates. City Planner Hanson reviewed the proposed preliminary plat with the Commission. Commissioner Peterson asked if there is a sidewalk on the north side of the development. Ms. Hanson indicated there was. Commissioner Peterson asked if the sidewalk on the Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 11 west side connect to the other development. Ms. Hanson indicated it did. Commissioner Peterson asked if there was any desire to connect the street system to the west. Ms. Hanson stated there was not. Commissioner Gudmundson wondered how the sixty -foot frontage compared to the neighborhood to the north. Ms. Hanson stated the sixty -foot frontage is the same as the other neighborhood. Commissioner Nemeth asked for a review on what was different in this preliminary plat from the sketch plan. Ms. Hanson reviewed some of the differences with the Commission. Commissioner Nemeth asked if there were any issues with a five -foot side yard setback. Ms. Hanson stated there was not and these are the same setbacks as in the development to the north. Motion by Daninger, seconded by Gudmundson, to open the public hearing at 8:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 8:48 p.m. Motion carried on a 7 -ayes, 0- nays, 0- absent vote. Mr. Brad Povlitzki, developer of Povlitzki Properties and Mr. Jason Rud, E.J. Rud and Sons, reviewed the sketch plan with the Commission. Commissioner Gudmundson asked if they planned on putting any additional trees or landscaping into the development. Mr. Rud stated they have two builders that are familiar with the City and will be leaving this up to the builders to provide the landscape and trees. They are not proposing any additional buffering or screening in the backyards of lots 1 -5 at this time. Commissioner Peterson stated it looks like most of the lots to the south of the property they are providing additional buffering except for lots 8, 18 and 20 and he wondered if some additional planting could be done on those lots. Mr. Rud stated there is a large wetland complex to the south, which is DNR wetland, but he thought additional screening was a good idea. Mr. Povlitzki indicated there are a lot of trees to the south of the development. Commissioner Gudmundson thought this all made sense and she liked the design and would be inclined to approve this project with the exception that the developer should add buffering on lots 1 -7 for the neighbors since they did have a problem with it. is Chairperson Holthus agreed and has seen the backyards of the houses and the trees are beautiful and would be a shame to lose all of those trees. 0 Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 12 Chairperson Holthus asked if the pond shown will be an open water pond. Mr. Rud indicated there will be water in the pond and is a storm water pond for their development. He reviewed the grading plan with the Commission. Motion by Gudmundson, seconded by Daninger, to recommend to the City Council approval of the Preliminary Plat for B & D Estates with the addition that additional screening be done on lots 1 -7. Commissioner Peterson indicated he would like to make a friendly amendment to include tree plantings on lots 8, 18 and 20. Commissioner Nemeth seconded the friendly amendment. Commissioner Gudmundson stated she would not agree with the friendly amendment and did not want the additional buffering for lots 8, 18 and 20. She felt this was an extra burden for the builder with all of the wetland area separating the development from the commercial property. Commissioner Peterson stated he would vote in favor of the friendly amendment that was potentially struck down for adding additional trees on lots 8, 18 and 20 because there should be appropriate buffering for this development. Mr. Povlitzki stated the area is very heavily wooded behind those lots. Commissioner Cleven agreed with Mr. Povlitzki and noted there are fairly substantial trees and he did not see a need for additional trees. Commissioner Koehler stated he would encourage the original motion to stand as is and not be amended for the same exact reason that there are plenty of trees already as buffering. Motion carried on a 5 -ayes, 2 -nays (Nemeth, Peterson), 0- absent vote. City Planner Hanson stated that this item would be before the Council at the November 18, 2014 City Council meeting. PUBLIC HEARING. Interim Use Permit for Subordinate Classroom Structures — 13655 Round Lake Blvd NW— Grace Lutheran Church Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on Interim Use Permit for subordinate classroom structures at Grace Lutheran Church. Associate Planner Angell reviewed the proposed Interim Use Permit with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes —November 10, 2014 Page 13 • Commissioner Gudmundson asked in approving this does a timeframe need to be decided. Mr. Angell indicated this would be for an additional five years, ending at the end of 2019. Commissioner Nemeth asked at what point the structures go from subordinate to permanent structures. Mr. Carlberg stated it comes down to when the City decides they do not want to grant interim use permits or extend them. He noted there is an anchoring system with these structures and really no foundation for them to be permanent structures. Commissioner Koehler asked if there was any structure before this structure that was previously approved. Mr. Angell did not think there was any other structure before this one on the site. There was discussion regarding the difference between a permanent and subordinate structure. Motion by Daninger, seconded by Nemeth, to open the public hearing at 9:14 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Marvell Wilber, 3510 136 °i Lane, thought the structures have been there long enough and have lived up to what they were supposed to be used for. She stated the Church was supposed to have put in trees as buffers and that has not been done. The Church is not supposed to use 136`h Lane as a parking area and they do. The daycare uses the street all day long and parks in front of her neighbor's yard. People park in front of her house also for the shade in the summer time. She stated they could have built their own classrooms by now on the additional property they have. She would like to see these structures not be granted an extension or to be given a real short extension because she thought it was time for the structures to be gone. Motion by Gudmundson, seconded by Daninger, to close the public hearing at 9:17 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Dennis Grabowski, President of the Vision Board at Grace Lutheran Church was at the meeting to answer questions. Commissioner Koehler asked what happens to the structures once development is started on the Church's long -term plan. Mr. Grabowski stated it is out far enough that they do not have any plans. They would look at a church that has two sites. He stated their thinking at this point is the Nightingale site would be developed for youth because it is surrounded by many schools and they are using the portables for youth to quite an extent today and could result in the removal of those structures. Chairperson Holthus asked what the timeline is for development of the new location on Nightingale. Mr. Grabowski stated it is tied to the finances of the Church. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 14 Commissioner Gudmundson asked staff if the original agreement showed that trees were supposed to be planted as buffering along the back of the structures. Mr. Carlberg stated they would have to go back and look at the original agreement and the approved site plan to see if there are requirements. He thought the Church planted some trees but was not sure what the original requirements were. Motion by Gudmundson, seconded by Peterson, to recommend to the City Council approval of the Interim Use Permit and look back at the original agreement regarding landscaping to make sure that has been met. Motion carried on a 6 -ayes, 1 -nay (Nemeth), 0- absent vote. Associate Planner Angell stated that this item would be before the Council at the November 18, 2014 City Council meeting. OTHER BUSINESS Community Development Director Carlberg updated the Planning Commission on related items. Staff and the Commission congratulated Chairperson Holthus on her election to the City Council. Commissioner Gudmundson asked how often the used car lot will be reviewed for compliance because the lot is really full and does not look in compliance. Mr. Angell stated he does drive by the site and makes sure everything is in compliance. Commissioner Nemeth asked for advance notification of meeting date changes so the Commission does not get confused. Mr. Carlberg indicated staff will send out an email in advance of the meeting changes. Commissioner Nemeth stated he would like to have a workshop discussion on subordinate structures in the future. Commissioner Cleven reviewed with the Commission the Planning and Zoning Commission training session he attended and the quorum requirements. ADJOURNMENT. Motion by Peterson, seconded by Nemeth, to adjourn the meeting at 9:36 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2014 Page 15 Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0