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HomeMy WebLinkAbout01/13/2016��y ...�. 10 1 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 January 13, 2016 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — December 8, 2015 Workshop and Regular Meetings 3. Public Hearing: Conditional Use Permit Amendment (CUPA 16 -01) — Telecommunication Tower —16157 Round Lake Blvd NW — AT & T 4. Public Hearing: Interim Use Permit (IUP 16 -01) — Land Reclamation — 16563 Hanson Blvd NW— Dennis Kuiken 5. Other Business 6. Adjournment ^ 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: Approval of Minutes — December 8, 2015 Workshop and Regular Meetings DATE: January 13, 2016 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the December 8, 2015 workshop and regular meetings. PLANNING AND ZONING COMMISSION WORKSHOP MEETING — DECEMBER 8, 201 S The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 8, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, and Jeff Sims (arrived at 6:39 p.m.). Commissioners absent: Commissioners Lynae Gudmundson and Steve Peterson Also present: Community Development Director Dave Carlberg City Building Official Fred Patch Others DISCUSS ACCESSORYDWELLING UNITS Mr. Carlberg made a presentation to the Planning Commission on accessory dwelling units (ADU) and the provisions to allow them in the City of Andover. Based on feedback from the Commission, staff prepared a draft ordinance amendment for the Commission's consideration. Research was carried out utilizing the ordinances of several different local cities. Commissioners expressed their desire that a 2.5 -acre minimum lot requirement be maintained in this draft due to an effort to protect the privacy of adjacent neighbors. This clarification should be added to section C.1. Commissioner Cleven asked for clarification on why the draft ordinance would state that the property owner must reside in the home not less than 183 days per calendar year. There was further discussion regarding the number of days. It was determined that 185 is required for Minnesota residency. Commissioner Nemeth inquired as to if requiring residents to homestead would suffice and resolve the issue. Mr. Carlberg replied he believed that was where the draft language came from. Commissioner Koehler inquired if a resident could homestead in an ADU. Andover Planning and Zoning Commission Workshop Meeting Minutes — December 8, 2015 Page 2 The Commission discussed homestead regulations and how the draft ordinance would potentially affect ADU owners and occupants, specifically those with two homes. Mr. Patch indicated that it is important to have good guidelines, but if it came to enforcement, it would be difficult. Commissioner Koehler stated that the ordinance is more for intent than enforcement, for example in the case of someone moving out of state. Mr. Patch stated, in the past, that in order to qualify for homestead, one needed to reside on the property on January 1. Commissioner Nemeth asked to take his comment "off the table," because in the case of a snowbird, they would still "reside" as stated in the draft ordinance. Commissioner Koehler requested that the ordinance be "wordsmithed" to represent the intention to reside. The Commission discussed how to limit the size of an ADU. Mr. Carlberg clarified that one property can have two addresses, e.g. Suite A and Suite B. He further stated, in reference to section CA of the draft ordinance, that staff has a preference for a maximum and minimum size for the ADU. Chairperson Daninger recommended that the ordinance be changed to state that the floor area be limited to 500 — 900 square feet, based on the trend research done by other cities. Mr. Patch recommended that the wording "residential floor area" be used. He further explained that "dwellings" are all kinds of buildings including sheds, etc. So it is useful to distinguish what is residential from a building code standpoint. Commissioner Koehler questioned what would happen if a big garage is attached to a home that included residential space. Mr. Carlberg clarified that only the residential part of the building would be considered an ADU and that the garage itself would not be part of the ADU. Mr. Patch said that the second floor could possibly be a separate dwelling. Commissioner Nemeth expressed his desire to include section C.5 in the draft ordinance amendment, which refers to the ADU not being permitted, if the building coverage exceeds or will exceed, with the ADU, 20 percent of the lot or parcel. Chairperson Daninger requested that section C.5 be re- written for clarity Andover Planning and Zoning Commission Workshop Meeting Minutes — December 8, 2015 Page 3 Mr. Carlberg recommended that the section (C.5) be struck as it applies to a rural lot. Mr. Patch stated that section C.8, regarding the number of bedrooms, is redundant to existing provisions. Chairperson Daninger explained that even though it is redundant, it is good to have all of the details in one place, instead of an asterisk to another ordinance. Commissioner Koehler asked the question, "If everything meets code, why do we care about the number of bedrooms ?" Chairperson Daninger stated that this question could be brought to the Council Commissioner Koehler expressed that there are examples of families that need affordable housing with more bedrooms, however he is all for limiting the "frat house." Mr. Carlberg stated that this provision was included to make the ADU accessory. Chairperson Daninger asked that the bedroom requirement section be flagged and that the full Commission be in attendance in order to discuss it further as there has been quite a bit of debate. Commissioner Koehler asked if section C.9 would limit two cars to be parked outside. Mr. Carlberg stated that the proposed ordinance amendment would not limit the number of cars that can be parked on a particular property, although cars must be parked on the driveway or other allowed surfaces. In reference to an additional garage being built, Commissioner Nemeth asked if a permit would be required. Mr. Carlberg confirmed that a minimum of two parking spots would be required and that a permit would be required to build a garage. Mr. Patch explained the differentiation between a single and two - family dwelling in reference to section C.11. The key point is what is the separation between the two dwellings. He continued by stating that the change of occupancy is complicated and has a significant number of requirements related to sprinklers, etc. In this case, a home has to remain a single family dwelling. A distinction is that the wiring, plumbing, and fire alarm system is connected. These types of homes are already all over the state. As long as the two living spaces are interconnected, it is considered a single - family dwelling. Mr. Patch showed examples of homes fitting this criterion. The placement of separate exterior doors was discussed as well. He also explained why in some ways this type of Andover Planning and Zoning Commission Workshop Meeting Minutes — December 8, 2015 Page 4 set up can be no different than a master bedroom suite. He said that he needed to spend more time looking at the issue from a building code perspective. Commissioner Sims arrived at 6:39 p.m. Mr. Patch stated that an attached ADU needs to have a door between, and if it is through the garage, that qualifies. He told the Commission to forget about the idea of an attached ADU, because there is already code for that. If an ADU is detached, that is another matter, and that is what the City needs provision for. Mr. Carlberg reminded the Commissioners that guesthouses are permitted, but they do not have kitchens. Commissioner Koehler asked for clarification. If an ADU is attached, was there really a reason to discuss the matter further, because the City already has a code for that. Mr. Patch stated that if an ADU is a completely separate building, current building code will not allow for that. He continued by saying that state building code does not address this situation very well. Commissioner Cleven reiterated by saying that if you put a door inside, between units, it is one residence. Chairperson Daninger inquired if Mr. Patch could come to another workshop meeting, in January, as he did not want to rush through the discussion of the rest of the draft ordinance amendment. Mr. Carlberg indicated that the group could hold another workshop at 6 pm before the January 13, 2016, regular Planning and Zoning Commission meeting. ADJOURNMENT. Motion by Nemeth, seconded by Cleven, to adjourn the meeting at 6:53 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 - absent vote. Respectfully Submitted, Marlene White, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — DECEMBER 8, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 8, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, Steve Peterson, and Jeff Sims. Commissioners absent: Lynae Gudmundson. Also present: Community Development Director Dave Carlberg Associate Planner Brett Angell Others APPROVAL OF MINUTES. November 10, 2015 Commissioner Nemeth stated in the workshop minutes, regarding the accessory dwelling units, they are called ADU and both ADU and ADU's were used in the minutes and he would Pike them to just read ADU. He also noted on page one, third paragraph, to remove the word "other" before occupant to the sentence reads: "Mr. Dieterman stated the ADU has to be owner occupied but the ether occupant of the other dwelling does not have to be family." Commissioner Nemeth stated on page two, third paragraph, fourth sentence should read "...looking at ADU Aeeessery dwelling units to accommodate the return of the grandparents." On page three, first paragraph, "Mr. Carlberg stated that it might be wise to have the ADU Aeeessefy Dwelling Unit." He indicated he would prefer to have the acronym used rather than spelling it out. Commissioner Nemeth stated in the regular meeting minutes there were a few changes he would like made. Page three, fourth paragraph, third sentence "...reviewed the areas of with..." Page four, sixth paragraph, third sentence, "Country Oaks North that has already been established and that the average sales price... ". Regular Andover Planning and Zoning Commission Meeting Minutes —December 8, 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 (Gudmundson) vote. PUBLIC HEARING: Rezoning ProTerty from M -2, Multiple Dwelling to NB, Neighborhood Business — 2604138`' Avenue NW Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on rezoning property from M -2, Multiple Dwelling to NB, Neighborhood Business at 2604 138 "' Avenue NW. Community Development Director Carlberg reviewed the proposed rezoning with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. No one wished to address the Commission. Motion by Koehler, seconded by Cleven, to close the public hearing at 7:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Commissioner Nemeth asked if the previous rezoning was for a land use change only. Mr. Carlberg stated it was just for a land use change. Commissioner Koehler asked if the City wanted to make sure the zoning matched the land use. Mr. Carlberg stated that was correct. Commissioner Sims asked what the other zoning was on the other properties around this parcel. Mr. Carlberg stated the parcels are zoned M -2, Multiple Dwelling, which is a high density residential zoning. Commissioner Sims asked if there is anything on those parcels. Mr. Carlberg stated there was not anything on the triangle parcel but there are four plex apartment units to the east. Motion by Nemeth, seconded by Peterson, to recommend to the City Council approval of the rezoning from M -2, Multiple Dwelling to NB, Neighborhood Business at 2604 138`h Avenue NW. Motion carried on a 6 -ayes, 0 -nays, 0- present, I - absent (Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at the December 15, 2015 City Council meeting. PUBLIC HEARING: Variance for Parking Setback from Street —13650 Hanson Boulevard NW Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 3 Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on a variance for parking setback from street. Associate Planner Angell reviewed the proposed variance with the Commission. Commissioner Peterson stated if the variance is not granted, what will be lost for the development. Mr. Angell stated it would impact the size of the building or they would lose quite a bit of parking. He noted the drive lanes are at 24 feet and meet City Code so they could not be reduced and the parking stalls are also at the City Code requirement of 10' by 18' as well. Commissioner Peterson asked if there was more than enough parking for the building. Mr. Angell stated there are currently 84 parking stalls, which meets City Code. Commissioner Cleven asked once the parking is set on the north side, how far is the front edge of the parking to the trails edge. Mr. Angell stated there would be seventeen feet to the trail. Commissioner Cleven asked on the east side was there a utility easement so parking would start right at the edge of the easement. Mr. Angell stated it would be close to the property line with approximately 100 feet of grass, which would serve as a front yard before it hits the pavement for Hanson Boulevard. Commissioner Peterson asked because this was a gas station were the underground tanks cleaned up or removed. Mr. Angell stated the tanks were removed. Commissioner Koehler asked what side of the building was the front that customers would use. Mr. Angell stated they would use the North and East sides of the building. Commissioner Nemeth asked what size variance was Kwik Trip given and how does it compare to this variance. Mr. Angell stated Kwik Trip was given a ten -foot variance along Bunker Lake Boulevard and this variance is a maximum of 3 feet. Commissioner Sims stated Hanson Blvd and Bunker Lake Blvd are very busy roads and he wondered if there were any studies done regarding adding 84 potential parking spots and what it does to the traffic congestion in that area. Mr. Angell stated he did not have any direct studies that correlate to this project and how it would impact it. He reviewed the access points from the roadways into the development with the Commission. Mr. Carlberg noted they had an existing business there that was a service station/retail and they are replacing that with a 13,000 square foot building so the impact with additional parking should be limited based on the fact that the site was developed and they are redeveloping it. Commissioner Nemeth asked if the utility easement would be encroached upon with this development. Mr. Angell indicated it would not because they cannot build anything on Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 4 the easement. Mr. Carlberg noted parking can be put under utility lines but structures cannot be placed under them. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:25 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Mr. John Bell, Klodt, Inc. reviewed his business background with the Commission and stated they are working with Jeff Hagen of Platinum Properties who is also here this evening. Mr. Bell made a presentation to the Commission. Mr. Jeff Hagen, Platinum Properties introduced himself to the Commission. He reviewed his business with the Commission. Commissioner Peterson asked if there is a potential for different companies with leasable bays, which can be put together. Mr. Hagen reviewed how the retail bays can be combined to accommodate each leasee. Commissioner Peterson asked if the parking counts were based on each of the bays being individual businesses minus the corners. Mr. Hagen stated they look at the tenants they believe will go into the building and have to take different ratios of what it is going to be and make judgements all the way across for what is possibly going to be in there and they make parking ratios according to that and City Codes. Motion by Koehler, seconded by Cleven, to close the public hearing at 7:41 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Chairperson Daninger asked on the north side, what was the variance being asked for. Mr. Angell stated the variance request was for 1 -3 feet. Chairperson Daninger stated if the building was sixty feet in depth rather than sixty -five feet, would a variance be needed on the north side of the building. Mr. Angell stated it would not. Commissioner Sims asked would a variance be needed on the east side if the building were smaller. Mr. Angell stated the variance request there is 19 feet so a variance would still be needed. He noted there is one resolution for both variances so if there was not a variance on the north side; the east side would still need a variance. Motion by Nemeth, seconded by Cleven, to recommend to the City Council approval of the variance for parking setback from street at 13650 Hanson Boulevard NW. Motion carried on a 4 -ayes, 2 -nays (Daninger, Sims), 0- present, 1- absent (Gudmundson) vote. Associate Planner Angell stated that this item would be before the Council at the December 15, 2015 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 5 PUBLIC HEARING: Conditional Use Permit for Retail Trade and Service —13650 Hanson Boulevard NW Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for Retail Trade and Services. Associate Planner Angell reviewed the proposed CUP with the Commission. Commissioner Nemeth asked what the purpose was for a CUP. Mr. Carlberg stated that instead of a CUP, there could have been a rezoning of the property from industrial to commercial. He stated that staff looked at their request and what they were planning on doing and based on the fact that the entire southwest quadrant is zoned all industrial, staff determined they can accomplish everything they want to do through the CUP versus a rezoning. He stated the idea was they can do the retail trade and service uses with a CUP without having to rezone the property and also from a City's perspective, if they want to add additional conditions they can do that. He stated staff thought the best way was a CUP. Commissioner Nemeth stated the properties to the west and south are industrial and he wondered if Kwik Trip was also zoned industrial. Mr. Angell believed it was. Commissioner Sims asked if Kwik Trip needed a CUP. Mr. Carlberg stated they are a service station and did require a CUP for the service station in that location. Commissioner Sims asked who would be responsible for a CUP, the business or the building owner. Mr. Angell stated it would depend on what the business is. Commissioner Nemeth stated there is CUP request and wondered if it was from the applicant or staff. Mr. Angell stated that it was from the applicant. Chairperson Daninger asked when they talk about screening, curb and enhancement. Mr. Carlberg stated the Planning and Zoning Commission is dealing with the uses tonight and they do not review those items. He reviewed the process the applicant will go through with the Commission. Commissioner Nemeth asked if the Commission went through those items with Walmart to make sure there were additional plantings. Mr. Carlberg stated comments were made as a part of the plat but they dealt with those items as a part of their site design. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:52 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Commissioner Peterson stated one of the criteria was the existing anticipated traffic conditions including parking facilities. He wondered when designing this site, looking at the curb cuts and where the drive thru is located and he wondered if someone comes off of Grouse Street and get to one of the retail offerings on the south side of the building, Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 6 will they want to go where the drive thru is located. He wondered if there were circular opportunities by the drive thru rather than going all the way around the entire rest of the parking facilities. Mr. Hagen stated there will be signage coming in from Grouse Street indicating flow of traffic. Commissioner Peterson indicated he would prefer to have access around the south side of the building but thought Grouse Street would be the least used entrance compared to the other two entrances. Mr. Hagen agreed. Motion by Koehler, seconded by Cleven, to close the public hearing at 7:56 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Commissioner Koehler stated he liked the fact that there is not any space for a vehicle to pass next to the drive thru along the south side of the building because then it will become a cut thru to avoid the light at Bunker and Hanson. Motion by Peterson, seconded by Cleven, to recommend to the City Council approval of the Conditional Use Permit for Retail Trade and Service at 13650 Hanson Boulevard NW. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Associate Planner Angell stated that this item would be before the Council at the December 15, 2015 City Council meeting. PUBLIC HEARING: Conditional Use Permit for a Business with a Drive -Thru Window —13650 Hanson Boulevard NW Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a business with a drive -thru window. Associate Planner Angell reviewed the proposed CUP with the Commission Motion by Koehler, seconded by Peterson, to open the public hearing at 7:59 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Commissioner Nemeth stated it seems really narrow in the north and west section of the parking lot to navigate the corners. He thought it would be difficult to get through the parking lot to get to the southern comer business. Mr. Bell stated the curb cut is thirty feet wide with a twenty -four -foot drive lane and it could be reconfigured. Mr. Carlberg stated staff still needs to do a site review for this development and will get into more detail during the commercial site plan review. Commissioner Cleven stated the developer has not looked at delivery vehicles backing in yet because he did not think that was taken into consideration. Mr. Bell stated they are really confident in what they have on the west side of the building. Mr. Hagen stated they did spend a lot of time on that and at this time it does work well and keeps the trash away from the building. Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 7 Motion by Koehler, seconded by Nemeth, to close the public hearing at 8:04 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Commissioner Nemeth stated the point about having service vehicles come in and out is the only problem he has with that part of the plan. He thought there is going to be a lot of traffic going in and out in that area and with the drive thru he did not like that layout. He thought there was too much traffic and other obstacles. Mr. Carlberg stated a lot of deliveries will be delivered after the peak business times but staff will make sure that templates get put on so turning radiuses can happen and they are not clogging up the public roadways. Commissioner Sims asked if there was a compelling reason why this would need to be voted on now and why would they not wait until the site plan is reviewed. Mr. Carlberg stated the Commission is not going to see a site plan for this development. Staff will be working with the applicant on all of the site plan items through the Commercial Site Plan review process. Commissioner Peterson stated regarding the drive thru, he thought this is one of the most important entrances into the development and he thought a drive lane around the drive thm is important and should be fit into the plan somehow. He thought this was the most important comer in the City and he thought the landscaping and screening and signage is very important. Commissioner Koehler thought the previous service station had many vehicles coming and going all of the time and was very successful so he did not think there would be access issues with this development. He reviewed multiple ways to enter this development from Hanson Boulevard and Bunker Lake Boulevard. Commissioner Cleven felt Super America does well with similar access issues and felt this development would do well and people will find the easiest way to get to the development for them. He thought this is a good prospect for this corner and he is in full support of this. The Commission discussed some possible issues of the parking lot and drive area of the development. Commissioner Nemeth thought the development should be reconfigured. Motion by Sims, to recommend to the City Council deny a Conditional Use Permit for a Business with a Drive -Thru Window at 13650 Hanson Boulevard NW based on the fact that he does not agree with the process being used. Commissioner Koehler stated he was not sure if a motion can be made on a process. Chairperson Daninger asked for a second. There was no second. Motion failed for lack of second. Regular Andover Planning and Zoning Commission Meeting Minutes —December 8, 2015 Page 8 Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of a Conditional Use Permit for a Business with a Drive -Thru Window at 13650 Hanson Boulevard NW. Commissioner Peterson asked for a friendly amendment that would include a drive lane be added to the south side of the building with a drive thru. Commissioner Koehler did not accept the amendment. Chairperson Daninger asked for a vote. Motion failed on a 3 -ayes, 3 -nays (Nemeth, Peterson, Sims), 0- present, 1- absent (Gudmundson) vote, Commissioner Koehler asked what is the appropriate length for a drive -thru that would meet their requirements. Commissioner Peterson stated he supported the drive -thru and the length but his preference would be to have a drive lane next to the drive thru without having to impede the drive -thru lane. Commissioner Nemeth stated his problem with this is the traffic issue and if the curb cut was changed from the current one to possibly the one they are planning to vacate, it would still be somewhat of a slight traffic issue but not as much of an issue. Commissioner Peterson stated he would be in favor of this after hearing the Commission concerns because the concerns will go forward to the City Council and staff for further review and he thought those concerns could be worked out before the final approval. Motion by Peterson, seconded by Cleven, to recommend to the City Council approval of a Conditional Use Permit for a Business with a Drive -Thru Window at 13650 Hanson Boulevard NW. Motion carried on a 4 -ayes, 2 -nays (Nemeth, Sims), 0- present, 1- absent (Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at the December 15, 2015 City Council meeting. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. He noted the January 2016 meeting will be held on Wednesday, January 13`h with a workshop meeting at 6:00 p.m. before the regular meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2015 Page 9 ADJOURNMENT. Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:33 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Gudmundson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit Amendment (CUPA 16 -01) - Telecommunication Tower —16157 Round Lake Blvd NW— AT & T DATE: January 13, 2016 INTRODUCTION AT & T is seeking to add three (3) additional antennas to the existing telecommunication tower located at 16157 Round Lake Blvd NW. Currently AT & T has nine (9) antennas on the tower. Andover City Code 9 -12 states any change to a tower requires an amended CUP (attached). DISCUSSION The original permit was issued in 1990. Throughout the years, there have been amendments to the permit for additional carriers to be placed on the tower. As part of the CUP amendment process, the city Building Department will review the plans and issue a building permit prior to the commencement of work. City code 12 -14 -68 provides the following general review criteria to consider when granting a CUP. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, moral and general welfare of occupants of surrounding lands. The existing tower is located at least 150 feet away from the surrounding buildings and is designed to collapse if the structure failed. Also, the Federal Communication Commission regulates wireless facilities to ensure the health, safety, moral and general welfare of the occupants in the immediate areas. 2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The CUPA will not generate additional traffic to the area therefore, parking facilities and adjacent streets will not be impacted, A parking space is provided adjacent to the equipment building for maintenance personnel. 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Staff has not received supporting documentation regarding the effects of towers on property values. However, the existing use is permitted in the zoning district. The tower is a compatible use in the industrial district and does not adversely affect the development of the surrounding lands. Staff Recommendation Staff recommends approval of the CUP amendment because there will be no changes to the existing facilities except for the placement of an additional three (3) antennas to improve cell phone service and the request meets the review criteria in City Code 12- 14 -613. ACTION REQUESTED The Planning and Zoning Commission is asked to make a recommendation to the City Council on the CUP Amendment request. If the recommendation is approval, staff suggests the CUP amendment be approved subject to the conditions listed in the attached resolution. 4sp tfull sub �itt d, ie L. Hanson Attachments Resolution Location Map City Code 9 -12 Antennas and Towers Tower Elevation — Antenna Location Antenna Configuration Site Plan — Existing Equipment Location Cc: Audra Kohler, 49030 Pontiac Trail, Suite 100, Wixom, MI 48393 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST TO ALLOW THREE (3) ADDITIONAL ANTENNAS TO THE EXISTING TELECOMMUNICATION TOWER FOR AT & T, LOCATED AT 16157 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: LOT 2, BLOCK 1, WESTVIEW INDUSTRIAL PARK WHEREAS, AT & T has requested a conditional use permit amendment to install three (3) additional antennas (total of twelve (12) antennas) on the private telecommunication tower on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on 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 Conditional Use Permit Amendment 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 Conditional Use Permit Amendment to increase the amount of antennas for AT & T from nine (9) antennas to twelve (12) antennas on the private telecommunication tower, subject to the following conditions: 1) The applicant shall obtain a building permit from the City of Andover Building Department prior to the commencement of work. 2) The antennas and associated equipment shall conform to the plans stamped received November 23, 2015. 3) The Conditional Use Permit Amendment shall be subject to a sunset clause as defined in City Code 12- 14 -6(D). Adopted by the City Council of the City of Andover on this 19th day of January, 2016. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor ANQOVeER 16157 Round Lake Blvd Date Created: January 06, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. PRIVATE PROPERTY: Land that is not "public property" as defined in this section. PUBLIC PROPERTY: Land owned or operated by a government entity. PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. SERVICE PROVIDER: Any individual or entity that provides wireless telecommunication services. TOWER: Any pole, monopole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. (Amd. Ord. 364, 2- 19 -08) TOWER, MULTI -USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 270, 12 -5 -2000) 9 -12 -3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and antennas over thirty five feet (35') from ground level shall require a conditional use permit and building permit approvals from the City. All towers and antennas on City -owned public property shall require a lease agreement with the City. Any changes to a tower or antenna shall require an amended conditional use permit. (Ord. 364, 2 -19 -2008) 11 - 9-12-4: HEIGHT REQUIREMENTS: A. In Commercial and Industrial zoning districts, towers and antennas may not exceed 150 feet in height. V% �i D xx 4b tib D5 m 33 m r m I D z m X n-1 Dm m x C3 Z� 00 La m .430 D D n A A 0 0 � m 0 A r r - e,. f i m D� I z �f y/ m ZP H� DDm # N m0° 3zp� #D= co A CO W D N A z C Jq v D m 16 zX j' D Z > Fh 0 SA 0 Z HONAO -10 0 z 0 m i Q O m4 0/1n kn Z5 9V C'A. b YG' `rF ilip� A D a y w i m �s o gal o0 Hm= g " v �v a g z m X -N mG r D -1 zI mA 20 2D DA — NA m A I m va 0 CA 3 � A x Z z g 02: n'I� m20 p ncv IppJ Inm y O �0 p� A _ I c� 6m �o �o a `C A C1Z O9 6900 Y 0� 00- . 252e � �Zagom jaA" p�gnAp o m ljz i A05 I = =Z g' mw.D mg'm. m m m Z m��/� N e(V - - - - -------------------------- ----------------------------------------------- ` d c' Y I Z z � �S . 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Q S �n 0 O 0 m f F9 Tj p II X_ p Z y ;a;�� l r"t - - - - - - - - - - - - - - - l 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: Interim Use Permit (lUP 16 -01) — Land Reclamation — 16563 Round Lake Blvd NW— Dennis Kuiken DATE: January 13, 2016 DISCUSSION Mr. Kuiken is seeking an IUP to store up to 3,500 cubic yards of soil on a 33 acre site he owns at 16563 Hanson Blvd NW. The storage area is shown on the attached map. The soil is part of the Country Oaks North 2nd Addition grading and excavation for the extension of 167`h Avenue NW to Hanson Blvd NW. This project will begin in February 2016. No more than 3,500 cubic yards of soil will be placed on Mr. Kuiken's property. The soil will be used as topsoil for sod as part of the Norlex Turf business. Mr. Kuiken requested the IUP be approved for two (2) years, expiring on January 19, 2018. As part of the lUP request, Mr. Kuiken is required to obtain a permit from the Lower Rum River Watershed Management Organization. Engineering Department Review The Engineering Department completed a review of the request. Although Mr. Kuiken requested a two (2) year IUP, the city Engineering Department is recommending the NP expires on November 1, 2017. This will ensure Mr. Kuiken can remove the excess soil prior to the winter freeze. Otherwise the excess soil would not be moved until the spring thaw in 2018. The Engineering comment letter is attached for your review. Interim Use Permit Standards The Planning and Zoning 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: Will not create an excess burden on parks, streets, and other public facilities; Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; Will not have a negative effect on the values of property and scenic views; Will not impose additional unreasonable costs on the public; 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. PROPERTY HISTORY In January 2012, a CUP was approved for Mr. Kuiken to stockpile tire chips on the property for the duration of 6 months. The CUP expired on July 1, 2012. The tire chips were used by Anoka County for the reconstruction project of Hanson Blvd NW. In November 2012, a CUP was approved to temporarily stockpile up to 10,000 cubic yards soil until July 2014. The conditions of the CUP's have been met and they are no longer active CUP's. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the NP request. Respectfully mit d Stephanie . Hanson City Planner Attachments Resolution Location Map Aerial Photograph January 6, 2016 Engineering Comments Cc: Dennis Kuiken, Norlex Turf, 16563 Hanson Blvd NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR STORAGE OF SOIL FOR THE PROPERTY LOCATED AT 16563 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA WHEREAS, Dennis Kuiken requested an interim use permit for the storage of up to 3,500 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on January 13, 2016; 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 interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 3,500 cubic yards of soil on said property with the following conditions: 1. Soil must be stored in the area shown on the aerial received by the City of Andover on December 15, 2015. 2. All comments from city staff must be satisfactorily addressed prior to the commencement of work on the properties. The City of Andover Engineering Department will determine when all comments have been satisfactorily addressed. 3. The applicant shall obtain a permit from the Lower Rum River Watershed Management Organization for stockpiling dirt. The permit must be obtained prior to the on -site storage of the soil. 4. All material shall be utilized in compliance with the City Code and Lower Rum River Watershed Management Organization requirements. 5. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 6:00 pm, Saturday from 8:00 am —1:00 pm, no operations on Sunday. 6. The soil must be removed from the site no later than November 1, 2017. Adopted by the City Council of the City of Andover on this 19" day of January, 2016. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Alk ;? t n Map - 16563 Hanson Blvd NW I O11j 2 T 2 s 2 D G 3 2 O � 7 O > 2 O 2 1 ®' \A 161ST AVE NW 161ST AVE NW 161ST A':( N CN_O 161..TAVENW 3 z 0 z z z Date Created: January 06, 2016 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. � 40 A + ' �'4 tip. .. Aerial Location Map;, storage of up to 3,500 cubic yards of soil ' r,t ♦• '" -F- .9',. t. 'A rte` -1. _ '- , .S - ,Y •• f •, .. x .G •� � .y 1 t r � „x .i f. w �y, 1e 711' t " n 4 M' 1 �.+♦. �+Yrs . i ti ry1 4 1 ` A L7 4 1 1 t� , ' F � ? � • � � � � r� ,tom � � A 1'.a JY If - 1685 CROSSTOWN BOULEVARD N W . ANDOVER, MINNESOTA 55304 . (763) 755 -5100 MEMORANDUM FAX (763) 755 -8923 • WWW.ANDOVERMN GOV TO: Stephanie Hanson, City Planner COPIES TO: FROM: David D. Berkowitz, Director of Public Works /City Engineer Jason J. Law, Assistant City Engineer DATE: January 6, 2016 REFERENCE: 16563 Hanson Blvd NW /Interim Use Permit /Review #1 The following review comments are in regards to the Interim Use Permit that has been applied for by Dennis Kuiken: 1. The site shall be stabilized with erosion control measures (hydroseed) within 14 days of grading completion, or no later than July 31, 2016. Slopes shall not exceed 3:1 and any slope greater than 6:1 may require erosion control blanket. 2. Silt fence is required around the base of the stockpile and should be kept in working condition throughout the permit. 3. The applicant shall obtain a permit from the Lower Rum River Watershed Management Organization for stockpiling fill. 4. A NPDES permit from the MPCA may be required for this project. A copy of the permit shall be given to the City before construction begins. 5. The applicant is responsible to obtain any necessary permits that may be required from the Minnesota Pollution Control Agency for NPDES permit, Minnesota Department of Natural Resources, US army Corp of Engineers, Lower Rum River Watershed Management Organization and any other agency that may be interested in the site. 6. All material shall be utilized in compliance with City Code and the Lower Rum River Watershed Management Organization and removed from site no later than November 1, 2017. 7. Once the stockpile has been removed, the site shall be stabilized with erosion control measures as soon as possible, but not longer than 14 days from completion. All comments shall be responded to in writing and changes to the plan made as necessary. If you have any questions, feel free to contact David Berkowitz at 763 -755- 5100.