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HomeMy WebLinkAbout09/08/20151685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda September 8, 2015 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes — July 14, 2015 Workshop and July 14, 2015 Regular Meeting Minutes 3. Public Hearing: Consider an Interim Use Permit — Subordinate Classroom Structures — 3037 Bunker Lake Boulevard NW - Meadow Creek Church 4. Public Hearing: Consider the Preliminary Plat of Catcher's Creek 2ad Addition — 14315 Prairie Road and 14367 Prairie Road - Outlots A. B, and C, Catcher's Creek — Mark Smith 5. Other Business 6. Adjournment A C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 + (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: Approval of Minutes — July 14, 2015 Workshop and July 14, 2015 Regular Meetings DATE: September 8, 2015 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the July 14, 2015 Workshop and July 14, 2015 Regular Meetings. PLANNING AND ZONING COMMISSION WORKSHOP MEETING — JULY 14, 2015 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 14, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Cleven, Bert Koehler, Kyle Nemeth and Jeff Sims (arrived at 6:08 p.m.). Commissioners absent: Steve Peterson and Lynae Gudmundson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others RECAP OF THE JUNE 23, 2015 JOINT MEETING WITH CITY CO UNCIL Chairperson Daninger asked for feedback from the Commissioners on the Joint Council meeting. Commissioner Koehler stated he would like to see more of an agenda driven meeting where they get something out of the meeting. He thought the discussion was good but thought there should have been a goal. He liked the meeting and it gave him food for thought but he would have liked to have seen a little more direction. Commissioner Nemeth stated he was a little disappointed in getting into the PUD topic and thought the meeting was taken off topic. Commissioner Cleven appreciated the feedback from the Council but thought it went a little too long and they really did not get any direction from the Council. Commissioner Sims arrived at 6:08 p.m. Chairperson Daninger stated he has been to a few of the joint meetings and some of the meetings have been giving the Commission good feedback and direction and other meetings he has been to the feedback was not so good. His take away was that they need to discuss the items as a group and make their own decisions. Commissioner Cleven agreed. Andover Planning and Zoning Commission Workshop Meeting Minutes — July 14, 2015 Page 2 a. Subordinate Classroom Structures Mr. Carlberg stated he would like to find out how the Commission feels about these structures. Commissioner Nemeth thought these have a certain life span. He did not believe allowing them to stay from 1990 -2015 is good for the safety or for the look. He thought they might want to work on ways to replace the structures with permanent buildings if possible or get rid of them altogether. He would like to see some kind of sunset clause put on these structures. Commissioner Cleven stated when they take the temporary structures and are replacing windows in them or changing the interior structure of it then he thought that was becoming more of a permanent structure than a temporary one. Commissioner Nemeth agreed, especially when sidewalks are being added and other permanent features are being added. Commissioner Koehler stated on the flip side they do not want them to be eyesores. He wondered if they are concerned less with the nature of it and more with the safety of it. He stated if they are concerned about the safety of it how do they know when a building needs to be removed. He stated at the end of the day, whatever they choose it may not be safe or the building could be there another twenty years so they need to make some decisions. What are they after, are they after a timeframe or after safety issues. Commissioner Nemeth thought that was where staff came in to play and maybe some research needed to be done. He thought staff should check with other cities to see what their codes are. He did not think the structures were as safe as they once were because of the change in codes. Commissioner Cleven stated they cannot base the structure of the City Code because all the inspector is going to do is look for the high points. They are not going to know what is happening behind the wall or if they are overloading the circuits. Mr. Carlberg stated that could be said of any structure in Andover. He stated when the building inspectors go in they are looking at all of the life safety issues. He thought the structures are as safe as they can be and are on a program to be inspected. He stated the City has not taken a strong stand indicating they need to get rid of the structures. He states that as long as the organization keeps getting the approval for an extension why would they put it in their financial plan to replace them. He stated that an IUP is supposed to be a shorter process, five years maximum so he thought the Planning Commission needed to think about what the next step would be in getting these structures less permanent and making churches and other entities start programming and building the additions that they are supposed to do. Commissioner Koehler asked if the Building Official can put what they feel is a life span on it or list the codes it adheres to at the time and then each year show how Andover Planning and Zoning Commission Workshop Meeting Minutes — July 14, 2015 Page 3 many codes it now varies from and when they hit a certain percentage that building is not going to get approved again or they could go with the timeframe for replacement. Commission Cleven stated some of the temporary structure might have been used for the purpose they were placed there but now they are using them for storage areas. He thought if the purpose changes then they should be removed. He thought they should indicate at 5 years for the time a subordinate building should be in place which would give the organization ample time to get a plan in place for replacement and then after the five years, they might give them a year or so additional extension if needed, but personally he was against giving an extension. Commissioner Nemeth thought Councilmember Knight had a good point in that the schools are mainly doing it with the population and enrollment cycles. Mr. Nemeth stated with an IUP, if the use changes the structure is done and needs to be removed. Chairperson Daninger stated when they see these come through it is a very emotional decision because it is churches and school and they always look for safety. He believed they need to make a decision as a Planning and Zoning Commission. He thought they need to look at other cities on how they handle them. As a group they need to make a decision whether they want them or not. Commissioner Koehler stated he was suggesting the Code be one idea but what other non - subjective things can be used to determine if a structure should be granted an extension of time or not. He stated that would take the pressure off the City Council. Commissioner Cleven stated most codes change every three years. If they have already started planning for a permanent structure then they might give a year extension but if there are not any plans at all then they should not be given an extension. Commissioner Koehler indicated he liked that idea regarding the one -year extension and agreed. He thought they needed to leave themselves a little leeway but did not want to automatically approve these for another five years. Mr. Carlberg stated the Commission could tell the applicant they will be getting a set number of years for an extension but the applicant needs to have a plan in place for a permanent structure or else the subordinate structure will not be extended again. He stated the problem is a message like that has never been sent to the applicant in a firm manner. He stated it is time they get firm and do it to give the applicant enough time to make a plan. Commissioner Koehler thought they could do a planned methodology. He stated the idea is to make them productive and help them grow. It is not to stifle them. Chairperson Daninger thought the consensus of the Commission was to come up with a firm plan for existing and future subordinate classrooms. Commissioner Koehler stated they have to come up with some objective and not subjective reason for removal of the structures. Mr. Carlberg thought they will always be dealing with the existing structures and how to address them because he did not think there would be any new applications for them with the IUP in place. Andover Planning and Zoning Commission Workshop Meeting Minutes — July 14, 2015 Page 4 Commissioner Sims asked what the distinction was between permanent and portable. Mr. Carlberg indicated subordinate structures do not have full foundations and may be anchored by block or some type of tie downs on a paved area but they do not have frost footings. Commissioner Sims wondered what would have to be done to get the structure to permanent status. Mr. Carlberg did not think they could because that would require taking the building off and making a foundation which would be a new building. Commissioner Cleven stated people are starting to come up with temporary, affordable and portable senior housing units and he wondered if Andover would allow them. Mr. Carlberg stated they would have to change the code because their standard is a 960 square foot home and these are smaller and on wheels. Commissioner Nemeth asked if they could get some information from staff regarding codes and does the Fire Department have some sort of life span for these. b. PUD Requirements Mr. Carlberg asked the Commission what they thought about PUD's and are the developers giving enough for what they are getting. The Commission quickly discussed with staff previous PUD developments in the City. Chairperson Daninger stated a PUD is supposed to be an advantage to both the City and the applicant. One of the things he struggles with is if the Commission asks for a lot of stuff and it becomes too expensive then they lose the opportunity. He stated it is a fine balance. Commissioner Koehler stated if it is too expensive to the builder, that is one thing but the City has to consider the maintenance costs. Mr. Carlberg stated there should not be any cost to the City. The problem is if it is an association the concern is if they become defunct or if it is a bad association. They cannot rely on an association to take care of everything. Commissioner Nemeth asked what the Commission should do with the developers. He wondered if they should push the developers to save a stand of trees or to see additional trees or other things be added to the PUD. Mr. Carlberg stated that is what the Planning Commission needed to figure out but he thought that was a start. Chairperson Daninger indicated he did not like to see a PUD come through if the development only wants five additional homes but if the developer only asks for a variance than the Planning Commission cannot dictate what should be kept or added Andover Planning and Zoning Commission Workshop Meeting Minutes — July 14, 2015 Page 5 to a development. Mr. Carlberg indicated they have not really pushed hard on PUD requirements but the developers have not really wanted a lot. Commissioner Koehler asked if they were doing a PUD, could they require the developer to do some improvements outside of the development. Mr. Carlberg stated they could not. Commissioner Cleven asked if they could require additional trees be planted on each lot. Mr. Carlberg stated they could and have done that in the past. Commissioner Koehler asked if there is a cost the City could add to the developer such as a wider road for a trail way within the development. Mr. Carlberg stated they do require trails on main roads in developments to get to parks and regional trails. He indicated the City does not require sidewalks within developments because that could be an added maintenance cost to the City. Commissioner Koehler stated he was not asking for a sidewalk but for a wider street to allow people to walk and bike along the road. Mr. Carlberg thought as they add more collector streets through developments there will be a trail on one side or another and would likely not have it on the side of a street. He stated developers would like to have more trees in their developments because that adds value to the properties but part of the problem is with all of the regulations on drainage and meeting low floor separations the trees have to be removed. Commissioner Koehler thought they needed to come up with a list of things the Commission would like to see being discussed with a developer when they come in. c. Site Visits This item was not discussed. d. Fencing Along Hanson Boulevard NW This item was not discussed. OTHER B USINESS. There was none. ADJOURNMENT. Motion by Cleven, seconded by Sims, to adjourn the meeting at 6:58 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Gudmundson, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING —JULY 14, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 14, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth and Jeff Sims. Commissioners absent: Steve Peterson. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. June 23, 2015 Regular Meeting Commissioner Nemeth stated on page 2, 7'h paragraph down, last sentence states "Commissioner Peterson asked how high the berm ... he responded it appears to be 896 feet." He did not understand if this was supposed to be 8 feet or 9 feet in height. Mr. Carlberg indicated that was an elevation number, 896 feet in elevation. Commissioner Nemeth requested "...896 feet in elevation" be added. Commissioner Nemeth stated on page 5, last paragraph, fourth sentence down states "...they did discuss unit size, unit mix, and unit quantity with the consultant from Clifton, Larson, Allen and were told to not not to bother creating efficiencies." Commissioner Nemeth stated on page 6, first sentence, should read, to clarify "an efficiency apartment, or to squeeze all of their furnishing into a studio or efficiency" Commissioner Nemeth stated on page 7, second paragraph, Commissioner Peterson asked if the days and times open are consistent with Arbor Oaks." And he would like to add a fourth paragraph to page 7 to entertain that Mr. Fink from Trident Development did come forward to the podium to answer any questions. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 2 Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. PUBLIC HEARING. Planned Unit Development Amendment — Country Oaks West C.I.C. No. 22, Block 1, Lots 12 through 23 — to modify the architectural elevations of the detached single family town homes — Capstone Development City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Planned Unit Development Amendment for Country Oaks West. City Planner Hanson reviewed the proposed Planned Unit Development with the Commission. Commissioner Nemeth asked if the changes in the homes, styles, and floor plans are driven by the applicant or by staff, or the City Council. He wondered why the change and why they are reviewing it. Ms. Hanson indicated Shadow Ponds is looking at buying these lots and they had taken a look at what was approved previously in the elevations and floor plans. They do build in Andover, Capstone Homes, so they know the market needs here and realize what is being proposed is a better product that may be a better fit in this area and to also fit into the price range of the area. Commissioner Nemeth asked if there was a change in the ownership. Ms. Hanson stated Lamb Properties owns the property right now but Shadow Ponds has a purchase agreement to purchase the property. Commissioner Koehler asked if the City had any concerns about how the new designs and elevations fit in with the existing neighborhood around it. Ms. Hanson stated they did not and felt the homes being proposed are similar to the homes that are across the street and within the Country Oaks West development. Commissioner Gudmundson asked what the price point is for these homes and what the previous price point was. Ms. Hanson thought that was a question the developer could better answer. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Ms. Michelle Baker, representing Country Oaks Townhomes, 16167 Unity Street NW, Andover, stated their biggest concern was that the properties were sold which they did not know about previously and the Association was not completely taken care of. They were under the impression that the Association was either going to be dissolved or kept but either way the sprinkler system needed to be taken care of She stated they were under the understanding that before anything happened that it would be taken care of and it was not. She wondered how this was going to be taken care of. She asked if the Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 3 homeowners need to take care of it or who will take care of it. Chairperson Daninger stated he was going to pass this along to staff because it was his understanding that the Planning Commission was looking at the architectural design. Ms. Hanson stated this will need to be handled between the developer and the homeowners. She reviewed some history of this with the Commission. Ms. Baker asked if there was a condition for the previous owner to separate the irrigation before he could sell the property and if that is the case why is that condition not there for the new builder. Ms. Hanson stated when this previously came forth it was a replat of the area and was going to be replatted as single family homes and as a condition of that he did need to work with the Association on the irrigation systems but that was pulled and they are not replatting this area anymore. Ms. Baker asked if it was correct that there are still four lots even with the ten sold that are still under the Association that has to get removed from the Association before they can be built on. Ms. Hanson believed the representative could speak regarding the Association documents. Mr. David Bell, 1045 162,d Lane NW, stated his understanding that before the property was sold or developed, Scott Wold was supposed to take care of the Association with all of the problems they had. He wondered if the entire development will be single homes and part of the Association. Mr. Carlberg stated they have not done or changed anything with the Association so all of the properties are listed as a part of the Association or as additional real estate to be added. Mr. Bell asked if they were developing this as a part of the Association. Mr. Carlberg felt this was a discussion between the current owners and the new owner of the development. Commissioner Gudmundson asked if when they talked about the PUD, did they not talk about all of the issues related to the Association. She thought the entire Commission was concerned that the people would not be able to sell their properties based on what was going on with the Association and they talked about the sprinkler system. She thought their conditions on the PUD was where that was all taken care of Mr. Carlberg stated the replat of the property has gone away. Commissioner Gudmundson thought they discussed this further when the developer came before them on the special restrictions on the size of the lot and setbacks. She thought they discussed all of those issues again. Mr. Carlberg stated he did not recall the discussion. He knew there was a concern about the irrigation issue from day one. This comes down to being an Association issue and not something for the City to deal with in the PUD amendment process. Commissioner Gudmundson stated they made special conditions available to them the second time through. Mr. Carlberg stated they did not make any conditions in the PUD amendment for the color elevations and the deviation to the side yard setbacks related to irrigation. He thought there was concern but no conditions were placed upon land properties that they had to deal with irrigation. He stated staff would research that. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 4 Ms. Therese Brenemis, 1040 161" Lane NW, stated when they bought their homes and got their Association declaration, all of those units were and still are a part of the Association. She did not understand how they can say this is an Association with a new place because they have to be in the Association unless somebody has said they are not part of that anymore. She stated it is their issue as well. Mr. Carlberg stated that was correct and he believed the lots were listed as additional real estate in their Association and the City has not changed the status of that so how this group deals with the Association and their issues is up to them but the City does not have any requirements because they still meet all of the City requirements for what the lots were originally platted, as in the Country Oaks West development. Mr. Ben Minks, Capstone Homes, came up to the podium to answer questions. Commissioner Gudmundson asked what the previous price point was for the homes. Mr. Minks indicated he did not know what the prior developer had going. He stated the price point for their homes would be approximately $225,000 to $300,000, which is similar to what they built at Parkside. Commissioner Gudmundson asked if the developer will be making changes to the current townhomes to make them fit in to the new development. Mr. Minks indicated they would not be making any changes to their homes. Chairperson Daninger asked if Mr. Minks was aware of the residents' concerns. Mr. Minks stated they were aware of this. It was his understanding that there are twelve lots and the first eight units are not in the Association, the last four units in the south are in the Association. He stated they would have to join the Association, build the homes and the buyers would become a part of it or if this Association decides to disband the Association and every one of the homes becomes their own residence and take care of their own lawn, that would be great and they would be cooperative with that. He knew there were sprinkler issues going on and the sprinklers would have to be separated. He noted they have a good sprinkler crew they work with and they can offer their services to help them with that. Chairperson Daninger stated the Commission is only looking at the amended PUD tonight regarding the house style and elevations and what is before them and the Association will have to work out their issues with the developer on their own. Motion by Nemeth, seconded by Koehler, to close the public hearing at 7:30 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Koehler stated each of the conditions in the PUD say that the resolution from the previous PUD applied and holds forth and this is amendment to it. He stated he was going through them in his packet and he did not see any reference to a sprinkler system in them so he wondered if there was something he was missing. Commissioner Nemeth remembered discussing this but thought they directed staff to investigate it. He Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 5 also thought there was a titling issue that came up as well with the properties. Mr. Carlberg stated that was related to the replatting of the property and conditions were listed. Staff is aware of the sprinkler issues and hopes they get it resolved but with the PUD changes, there is no mechanism in place to enforce it. Commissioner Gudmundson thought ultimately the homes look great and would be a great fit but thought they needed to put on the record for protection of the City and residents that if they dissolve the Association they might get the big chunk out free and clear but the homeowners might not be left with a clear title and could be an issue for the City as well as the homeowners. Commissioner Koehler asked if there was any reason why they would not approve this PUD tonight. He stated while Commissioner Gudmundson' comments are well pointed and needs to be addressed at some point that is not what is before them. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the amendment to the amendment of the original PUD as written with the notations that were brought up by both the residents and Commission. Motion carried on a 6 -ayes, 0- nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING: Interim Use Permit (IUP 15 -02) — White Pines Wilderness 2 "d Addition, Outlot A — Land Reclamation — Larry Emmerich City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for White Pines Wilderness 2nd Addition, Outlot A, Land Reclamation. City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Koehler asked if the pile of dirt was roughly 12 feet high and that City Staff recommended the dirt be used by October 31, 2017, what is their concern if goes into 2019. Ms. Hanson stated that an IUP is allowed for up to five years and that is what Mr. Emmerich is asking for. She also stated the Watershed has a permit approved for the date the Engineering Department put on their memo which is October 31, 2017 so if it does go beyond that date Mr. Emmerich would have to get an extension on his permit from the Watershed District. Commissioner Koehler asked why the Watershed District did not approve this to go to 2019 or were they not even asked. Ms. Hanson indicated she did not know. Commissioner Gudmundson asked if the neighborhood was notified. Ms. Hanson stated a neighbor did call with concerns about the pile of dirt being there for five years. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 6 Commissioner Koehler wondered what type of grass will cover the pile. Ms. Hanson stated the piles do need to be seeded. Commissioner Koehler asked if there were any concerns about wildlife and the surrounding homes. Ms. Hanson stated there was not. Commissioner Nemeth asked what an "as built' is. Ms. Hanson stated that was a survey to make sure the elevation is brought down to what it previously was. Chairperson Daninger asked if the soil will be used for the 3rd addition. Ms. Hanson stated it will be and no dirt will be taken off site. Commissioner Cleven understood on an IUP they can request an extension and eliminate the need to haul dirt off site and he also thought there was a concern by the Watershed Districts for water runoff and washing out the vegetation. Commissioner Nemeth asked for clarification that if they do decide in 2017 that additional time is needed, will they be able to extend that IUP. Ms. Hanson stated they can make the request for an extension and receive an extension as long as the Watershed District also extends it. Motion by Nemeth, seconded by Cleven, to open the public hearing at 7:44 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Gudmundson, seconded by Koehler, to close the public hearing at 7:44 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Chairperson Daninger felt the lUP was a little long and wondered if they should match the timeline of the Watershed District. Commissioner Nemeth concurred. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Interim Use Permit changing the date from July 21, 2019 to October 31, 2017. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING: Interim Use Permit Amendment (IUP 15 -03) — Country Oaks North — Land Reclamation — Richard Kuiken City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit Amendment for Country Oaks North, Land Reclamation. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 7 City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Nemeth asked if the current stockpile was already there. Ms. Hanson indicated it was. Commissioner Nemeth stated in the resolution, they have the hours of hauling but the pile is already there so are the hours for when they actually move the stockpile. Ms. Hanson stated the hours were for when they moved the dirt to the stockpile but would be the same when removing the dirt from the stockpile. Ms. Hanson stated all of the materials will remain on site and none will be removed from the site. Commissioner Cleven asked if they have received an extension of time from the Watershed District. Ms. Hanson stated they have not and is something they will need to do as part of the process. Commissioner Nemeth asked if they do not receive approval from the Watershed District then does their approval become null and void or do they need to wait for the Watershed District approval before the City approves it. Ms. Hanson stated it would be null and void because they do have condition four that it needs to be in compliance with the Lower Rum River Watershed District. Commissioner Nemeth asked if there have been any complaints or comments for neighbors regarding the stockpile being there. Ms. Hanson stated there have not been any calls. Chairperson Daninger asked how long does it take from the time of application submittal to approval. Ms. Hanson indicated it takes approximately six to eight weeks. Chairperson Daninger asked why they are approving something until they know it is needed. He retracted his question. Motion by Nemeth, seconded by Gudmundson, to open the public hearing at 7:54 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Nemeth asked Mr. Wold to answer Chairperson Daningers' question. Mr. Scott Wold, SW Land, 3408 167`h Lane NW, stated they are trying to be proactive with it and would rather be ahead of the game. They are making application with the next one. They are doing a little bit of regrading preparing for their next site, north side of Country Oaks North and they will be stockpiling some dirt as well on the north forty in their next phase and when they do that they will put more dirt on this pile before finalizing it. He stated in doing this they are bringing both applications to the Watershed District for approval and going for an extension to be proactive. Commissioner Nemeth stated it is noted there may be unforeseen circumstances and he assumed these are things outside of Mr. Wold's control and he wanted to make sure there are no other additional issues that they see at this time. Mr. Wold indicated there were none. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 8 Commissioner Cleven asked if this will be the last extension or will there be more extensions. Mr. Wold thought this would be the last extension. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:58 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Gudmundson thought if the dirt was not used what would happen, what the plan would be and what ramifications they would have. Mr. Carlberg stated if conditions change and residential projects stop altogether the applicant could come in and request an extension of the IUP. Another option would be to haul it off and amend his IUP and come up with haul routes and a plan and it would be taken off the site. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Interim Use Permit for Country Oaks North, Land Reclamation. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING: Interim Use Permit (IUP 15 -04) — Country Oaks North 2nd Addition — Land Reclamation — SW Investments City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for Country Oaks North 2 "d Addition, Land Reclamation. City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Nemeth stated in the Engineering Report, item four, it says to show haul route and he did not see a haul route or a dust control on the haul route. He asked if this is remaining within the property itself. Ms. Hanson stated it was remaining on the property and she would have to ask Engineering for clarification on that. Commissioner Nemeth asked if the hours of hauling already discussed with the last IUP they did a couple months ago. Ms. Hanson stated it is the same hours as the mining operations that were approved. Commissioner Nemeth asked if there have been complaints, comments or concerns by neighbors who abut this. Ms. Hanson stated they have not heard any public comments. Commissioner Nemeth asked if there will be some type of erosion control for this besides hydro seeding. Ms. Hanson stated as part of the Watershed District permit they have to have the vegetation and silt fencing around it. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 9 Motion by Nemeth, seconded by Sims, to open the public hearing at 8:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Nemeth, seconded by Koehler, to close the public hearing at 8:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Interim Use Permit for Country Oaks North 2 "d Addition, Land Reclamation. Commissioner Nemeth asked if staff will make sure the dirt will not blow off the pile because the neighbors in a previous IUP had issue with dirt blowing all over their neighborhood. Ms. Hanson stated City Staff does inspections of the site as grading is being done. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. OTHER BUSINESS Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Nemeth proposed they put together a workshop meeting before their next Planning Commission meeting to discuss the subordinate classroom structures and possibly discuss PUD's. Mr. Carlberg stated if they can have it for the August meeting they will otherwise it would be September because some research needs to be done on those items. ADJOURNMENT. Motion by Nemeth, seconded by Cleven, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. L l F 1 0 1' NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: PUBLIC HEARING: Interim Use Permit 15 -05 to extend the approval for subordinate classroom structures for the Meadow Creek Church located at 3037 Bunker Lake Boulevard NW- Kinghorn Construction DATE: September 8, 2015 INTRODUCTION Kinghorn Construction of behalf of the Meadow Creek Church has requested additional time for the existing subordinate classroom structures. The Church would like to extend the approval for these two structures an additional two years. The subordinate classroom structures are currently being used for the Legacy Christian Academy. No changes to the existing buildings are proposed. DISCUSSION Meadow Creek Church has had the temporary or subordinate classroom structures for 13 years at their property located at 3037 Bunker Lake Boulevard NW. Below is a historical account of their requests: • 2002, Meadow Creek Church received the approval of a Special Use Permit to allow temporary classroom structures for five years expiring in June of 2007. (Note: In 2003, Conditional Use Permits replaced Special Use Permits). • 2007, the church receives an Amended Conditional Use Permit to allow the classrooms two (2) additional years. • 2009, church receives an Amended Conditional Use Permit approval to allow the classroom an additional three (3) years. (Note: In 2014, Interim Use Permits replaced Conditional Use Permits for these types of structures. • 2012, church receives an additional three (3) year extension expiring on August 31, 2015. Inspections Annual inspections are conducted by the Fire Department. The Fire Department inspected the property on October 14, 2014 and there were a few issues such as neat and orderly storage, some emergency lights needing battery replacement, and extension cords needing to be replaced with power strips with over current protection. All the issues were resolved. The annual inspection will occur in October again this year. Long Term Plan Meadow Creek Church has plans to build an addition to the church and remove these classroom structures within two (2) years. Staff has had a preliminary meeting with the applicant to discuss the City application processes, procedures, and submittals to gain Amended Conditional Use Permit, Commercial Site Plan and Building Permit approvals. Interim Use Permit Standards The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds that such use at the proposed location: 1. Will not create an excess burden on parks, streets, and other public facilities; 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; 3. Will not have a negative effect on the values of property and scenic views; 4. Will not impose additional unreasonable costs on the public; 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Planning and Zoning Commission Review The Planning and Zoning Commission will need to consider whether the proposed use is acceptable based on the interim use permit standards listed above, whether conditions are necessary, or whether the proposed use cannot be made to meet the interim use permit standards. Staff Recommendation Staff recommends the interim use permit be approved with the conditions listed on the attached resolution. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, review the proposed interim use permit application and make a recommendation to the City council. Attachments Draft Resolution Location Map Location of Subordinate Classroom Structures Photos of Classrooms Resolution R069 -12 Resolution R063 -09 Resolution R074 -07 Resolution R107 -02 Respectfully Submitted, :2�4 ; C David L. Carlberg Cc: Kinghorn Construction, 21830 Industrial Court, Rogers, Minnesota 55374 Meadow Creek Church, 3037 Bunker Lake Blvd. NW, Andover, Minnesota 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rxx -15 A RESOLUTION APPROVING AN INTERIM USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 31, 2017 FOR THE MEADOW CREEK CHURCH ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Church received approval of an amended conditional use permit to allow subordinate classroom structures until August 31, 2015 from the City Council on July 17, 2012; and WHEREAS, the Meadow Creek Church has plans to construct an addition to the church within two years to replace the two subordinate classroom structures; and WHEREAS, Meadow Creek Church has requested that the subordinate classroom structures be extended through August of 2017 to allow time for the building addition to be constructed; and WHEREAS, the Planning and Zoning Commission held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the continued use of the existing subordinate classroom structures with the following conditions: The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. 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L3365 - .f .13327 -L 337 _1333 - 3313 13CA 7340 2525 mtl 773 I]N 36512. 13333 ll3N 325. 32327 •'y13317 3401 '013333 1334- '117313, 41111 13311 13118137- +� 133RD IN 0 .. :. .133RD L1Y 714 L3323 .,. 17313 ___" 13327 L3319 1y1 13353 13W6 2861 "1241 2813 2746 3714 244 1333 2X2 1511 2482 � I COON RAPIDS Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys N and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems W (GIS) that compiles records, information, and data from various city, county, stale and federal resources. Copyright 02010 City of Andover, All Rights Reserved a Printed 06 121/2012 C A 66N�t Map Printed 07/04/2012 �r I I . a � •a t b t - - l Of atn i • Ir -, ar, • • /, qi NMI 'qx NOWi J t � � � • �i C MCI It ..�fr Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys N and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems w e (GIS) that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2010 City of Andover, All Rights Reserved s Printed 07/04/2012 Current Photos of Classrooms T from Northwest ew from West View from Southwest ew from Southeast CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R069 -12 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 31, 2015 FOR THE LEGACY CHRISTIAN ACADEMY (MEADOW CREEK CHRISTIAN SCHOOL) ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Legacy Christian Academy (Meadow Creek Christian School) received approval of an amended conditional use permit to allow subordinate classroom structures until August 31, 2012 from the City Council on August 18, 2009; and WHEREAS, the Legacy Christian Academy (Meadow Creek Christian School) has purchased property where a new school will be constructed in the City of Ramsey; and WHEREAS, the Legacy Christian Academy (Meadow Creek Christian School) has requested that the conditional use permit for subordinate classroom structures be extended through August of 2015 to allow time for the new school to be constructed; and WHEREAS, the Planning and Zoning Commission held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on August 31, 2015, or earlier upon termination of the lease of the premises for which the conditional use permit is granted. Adopted by the City Council of the City of Andover on this 17`h day of July, 2012, CITY OF ANDOVER qlTTE .T: Midiael )t. Gamache, Mayor Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063 -09 A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 18, 2012 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow subordinate classroom structures until July of 2009 from the City Council on May 15, 2007; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS Meadow Creek Christian School has requested that the conditional use permit for subordinate classroom structures be extended through August of 2012 to allow time for the new school to be constructed; and WHEREAS, the City Council held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on August 31, 2012, or earlier upon termination of the lease of the premises for which the conditional use permit is granted. Adopted by the City Council of the City of Andover on this 18th day of August, 2009. CITY OF ANDOVER ATTEST:, tchaet R. Gamache, ayor a Michelle Hartner, Deputy City Clerk H E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074 -07 A RESOLUTION AMENDING CONDITIONAL USE PERMIT (02 -08) TO EXTEND THE PERMIT FOR TEMPORARY CLASSROOMS TO JULY 1, 2009 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow temporary classrooms until June of 2007 from the City Council on July 2, 2002; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS, Meadow Creek Christian School has made significant progress in raising funds for the new school yet will not have the school constructed when the conditional use permit for temporary classrooms expires; and WHEREAS Meadow Creek Christian School has requested that the conditional use permit for temporary classrooms be extended through June of 2009 to allow time for the new school to be constructed; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment to allow for the continued use of the four temporary classroom structures with the following conditions: The temporary classrooms shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on July 1, 2009. Adopted by the City Council of the City of Andover on this 15'b day of May, 2007. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk M' hael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R107 -02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHURCH TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW WHEREAS, Meadow Creek Church has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Boulevard (PIN 33 32 24 23 0005), legally described as: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 Section 5.03, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for temporary classrooms on said property with the following conditions: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. Any propane tank must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. Installation requirements will be addressed at the time of installation. 5. A minimum often feet (10') would be required to separate the classrooms from the gym. 6. The Site Plan will need to be signed. 7. The Special Use Permit would expire by June 11, 2007 or earlier upon the sale of the premises for which the Special Use Permit is granted. 8. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this 2 "d day of July, 2002. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk ichael R. Gamache, Mayor 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Consider the Preliminary Plat of Catcher's Creek 2nd Addition — 14315 Prairie Road and 14367 Prairie Road - Outlots A, B, and C, Catcher's Creek — Mark Smith DATE: September 8, 2015 DISCUSSION Mark Smith submitted a request to table the public hearing for the preliminary plat known as Catcher's Creek 2nd Addition until Tuesday, September 22, 2015. ACTION REQUESTED The Planning and Zoning Commission is asked to table the public hearing until Tuesday, September 22, 2015. Attachment August 27, 2015 Email to City Staff Respectfu Sub 'tted, 5 Steph ie L. Hanson Cc: Mark Smith, 2120 Otter Lake Dr, Lino Lakes, MN 55110 Stephanie Hanson From: Markmoeinc @aol.com Sent: Thursday, August 27, 2015 9:14 PM To: Stephanie Hanson Cc: markmoeinc @aol.com; rhedlund @landform.net Subject: Catcher's Creek @nd addition Chairman and Commissioners, Please Table the preliminary plat public hearing for Catcher's Creek 2nd Addition until September 22, 2015. Thank you, Mark Smith