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HomeMy WebLinkAboutMay 9, 20171685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda May 9, 2017 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — March 14, 2017 Work Session and Regular Meeting; April 11, 2017 Regular Meeting 3. PUBLIC HEARING: Variance Request —14791 Blackfoot Street NW — LeRoy and Sandra Warneka 04. PUBLIC HEARING: Conditional Use Permit Amendment/Revised Planned Unit Development — Andover Clocktower Commons — Classic Construction 5. PUBLIC HEARING: Preliminary Plat — Andover Clocktower Commons 2°d Addition — Classic Construction 6. PUBLIC HEARING: City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development 7. Other Business 8. Adjournment x Or 11; • ��, PLANNING AND ZONING COMMISSION MEETING — MAY 9, 2017 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Vice Chairperson Nemeth on May 9, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES Commissioners Scott Hudson, Bert Koehler TV, Steve Peterson and Jeff Sims Timothy Cleven and Chairperson Daninger Community Development Director, Joe Janish City Planner Stephanie Hanson Associate Planner Dan Krumwiede Others March 14, 2017 Work Session There was not a quorum, so this item will be put on the next meeting agenda for approval. March 14, 2017 Regular Meeting There was not a quorum, so this. item will be put on the next meeting agenda for approval. April 11, 2017 Regular Meeting There were no changes from staff. Commissioner Nemeth requested a correction on page 2, line 25, by adding a comma after the word "however." Motion by Peterson, seconded by Koehler, to approve the April 11 Regular Meeting minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). C Regular Andover Planning and Zoning Commission Meeting Minutes —May 9, 2017 Page 2 PUBLICHEARING. Variance Request -14791 Blackfoot Street NW—LeRoy and Sandra Warneka Ms. Hanson presented the variance request to reduce the required width of the lot at the front yard setback. She noted that staff has not received comment from DNR staff and that it is typical not to receive a response. Mr. Warneka submitted a letter and proposes a variance to reduce the width at the front yard setback from 300 feet to 150 feet for the purpose of subdividing the property into two lots. One lot would have a 150 -foot width and the other a 180 -foot width. The variance meets the City Code requirements for size and depth. Ms. Hanson outlined the City Code criteria that states, "variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control." The definition of "practical difficulties" was further described by Ms. Hanson. The lot was originally created in 1977 and the drainage and utility easement in the neighboring property was explained. The ARC reviewed the proposed variance requests and had no comments pertaining to the request. Staff also received phone calls and emails regarding the variance requests. There was supplemental information to the report which included an additional letter in opposition to the variance. © Vice Chairperson Nemeth asked if the variance was approved and if the applicant splits the lot, would it just be an administrative matter. Ms. Hanson replied that was correct. The applicant would need to have the appropriate buildable area, have soil borings done, contract for a professional survey, etc. She clarified that each lot would have to be a minimum of 2.5 acres, proven by survey, and that the Coon Creek Watershed District would not need to review the matter. Commission Koehler commented that if the variance was approved at the meeting, the Commissioners would not be approving a smaller size lot, only a smaller size width. Commissioner Sims asked about the history of the City's 300 -foot lot width. Ms. Hanson indicated that the standard had changed some time ago and it was previously 330 feet. Ms. Hanson stated that there have been variances in the past for lot width under different circumstances. In this development, all lots are zoned R-1, and directly to the south, the lots are R-4. Motion by Koehler, seconded by Peterson, to open the public hearing at 7:20 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Vice Chairperson Nemeth gave instructions for the public hearing. Katie Shaw of 4050 147th Lane NW, expressed concern about the maintaining of a 300 - foot lot width because it creates an "environment of space." The distance between the properties is significant in their development. C4*1 Regular Andover Planning and Zoning Commission Meeting Minutes — May 9, 2017 Page 3 Tom Jordan of 14800 Blackfoot Street NW, stated that his concern is the precedent that would be set in the neighborhood and the effect on the values of the surrounding homes based on the lot size that surrounds them. By splitting the lots, there is an increase in density, and he asserted there would also be a change in character and the value of the homes. Homes built today are very different in style. He also noted that there is a lot of wildlife going through their development. Lee Wameka of 14791 Blackfoot Street NW, stated that he felt that some of his neighbors had been misled by other neighbors and that [too] much had been made about the open area. He pointed out that there will be a lot of open area because of the drainage ditch to the south. Mr. Warneka showed photographs of his property. He believes that there is a nice, large building pad area that is available and that the property will accommodate two 2.5 acre lots. Commissioner Koehler asked for clarification as to the location where the photographs were taken. Mr. Wameka described the location. Mr. Warneka stated that one home in the neighborhood had been turned into a duplex via a variance. Commissioner Koehler asked about identifying the duplex. Ms. Hanson indicated that she would research this question. Ben Shaw of 4050 147th Lane NW, lives south of the property for which the variance has been requested. He showed an Anoka County plat that demonstrated that the property for which the variance has been requested might not be 5 acres in size. He also felt that the variance would change the essential character of the neighborhood. Heather Myers of 4115 147th Lane NW, wanted to clarify that her home was not a duplex, but that it was remodeled and an addition created to accommodate a mother-in- law suite. She noted that there is not an outside entrance. Tom Jordan of 14800 Blackfoot Street NW, stated that his home was one of 2 homes that were shown in the photographs across the street from the property for which the variance is being requested. The house next to his is the one further away. He asked the Commissioners to consider [housing] density due to residents being on well water. Katie Shaw wanted to address the assertion that the neighbors were being misled. Her primary concerns related to the potential for setting precedence. She also stated that the open land referred to in the photographs actually showed her land. Derek Jordan of 14800 Blackfoot Street NW, asked for clarification regarding the applicant being approached by builders and the City [regarding purchase of the property]. Ms. Hanson stated at this time the City was not interested in the property, but she was not © sure about what might have come up in the past. Regular Andover Planning and Zoning Commission Meeting Minutes — May 9, 2017 Page 4 Motion by Koehler, seconded by Sims, to close the public hearing at 7:45 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Commissioner Koehler asked if the City knew the size of the property. Ms. Hanson replied she did not and that the applicant would be required to have a licensed survey and must meet the 2.5 -acre minimum for each lot. In response to Commissioner Peterson's question, Ms. Hanson stated that it is up to the applicant to prove the "plight of the property owner." Commissioner Koehler stated that the issue of open space has nothing to do with the City Code. He expressed his belief that homeowners have an expectation that everyone is expected to play by the same rules. He was not comfortable that the lot split did not meet City Code. Ms. Hanson stated that if the variances are approved, the home owner has to act within one year or the variance will become void. If the acreage minimum is not met, the variance goes away. She believes that there is sufficient high ground for septic, well and a building pad. Commissioner Koehler commented that the approval of other variances should not have a bearing on the decision making and that the Commission should look at the issue on the basis of the argument. Motion by Koehler, seconded by Peterson, to deny the request for a variance. Motion carried on a 4 -ayes, 1 -nays (Nemeth), 2 -absent vote (Cleven and Daninger). This matter will be heard at the June 2nd Council meeting at 7 pm. Commissioner Koehler stated his belief that the rules were put in place when the residents bought their property and it is the Commission's obligation to uphold those expectations. He believes that the variance request would have too much impact on the neighborhood. Commissioner Peterson stated that he believed that the "practical difficulties" were not unique to the property. Vice Chairperson Nemeth expressed that he believed that the variance would only slightly change the essential character of the neighborhood. He noted that other residents were neutral. PUBLICHEARING. Conditional Use PermitAmendment/RevisedPlanned Unit Development—Andover Clocktower Commons — Classic Construction Regular Andover Planning and Zoning Commission Meeting Minutes —May 9, 2017 Page 5 © Mr. Janish explained that this request is to amend the existing approved Conditional Use Permit to revise the approved PUD. There was an amendment made in 2009, related to the direct access to Crosstown Blvd NW, in the form of a 3/4 intersection, which was approved. In 2014, the bank site was converted to a retail trade and service building. Lot 4 was also converted from a restaurant lot in the original PUD, for a retail, trade and service building and allowed for a 20 -foot encroachment into the required 30 -foot setback from Crosstown Blvd NW. This encroachment created a 10 -foot setback for the future buildings on Lot 4, Block 1. The CUP changes the PUD from 5 lots to 6 lots and adjusts the setback on proposed Lot 2, Block 1, PSM Addition. Ms. Hanson clarified that the PUD establishes overall requirements for the project area. Commissioner Peterson noted that the building size had been reduced and expressed concerns regarding parking. Mr. Janish stated that there was 7,000 square feet of parking and that parking requirements will be based on the use of the property. If a day care occupied the space the requirement would be 1 parking space per 7 students/children, plus 1 for each classroom, plus office space. He noted there is cross parking and there is an association that is part of the PUD and they could address it. Parking will be reviewed further as part of the commercial site plan. In answer to questions, Mr. Janish stated that the water issues on the nearby trail had been rectified in 2014 and signage will be addressed when the site moves forward on the next building, as was originally planned. Motion by Koehler, seconded by Peterson, to open the public hearing at 8:17 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). No one from the community was there to speak to the issue. Motion by Koehler, seconded by Hudson, to close the public hearing at 8:19 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Motion by Koehler, seconded by Hudson, to approve the resolution as presented with a note to reflect the change in distance brought up by staff. Motion carried on a 5 -ayes, 0 - nays, 2 -absent vote (Cleven and Daninger). This CUP will be heard at the May 16 City Council meeting. PUBLIC HEARING: Preliminary Plat Andover Clocktower Commons 2nd Addition — Classic Construction Mr. Janish stated that staff recommends consideration of re -platting this particular lot. Commissioners had no questions. Motion by Koehler, seconded by Hudson, to open the public hearing at 8:22 p.m. Motion © carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Regular Andover Planning and Zoning Commission Meeting Minutes — May 9, 2017 Page 6 © No one from the community was there to speak to the issue. Motion by Koehler, seconded by Hudson, to close the public hearing at 8:23 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Commissioner Sims referenced the internal road near the McDonalds. Ms. Hanson responded that there would be no changes to that road. She acknowledged that the road will allow access to the lot. Motion by Peterson, seconded by Koehler, to approve the preliminary plat as presented. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). PUBLIC HEARING: City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development At the October 25, 2016 City Council work session, City Council discussed a Comprehensive Plan amendment (CPA) request by Jake and Jon Packer to allow the subdivision of land within the Rural Reserve District into parcels smaller than what is currently allowed in the Comprehensive Plan. City Council provided direction to staff to proceed with a CPA and ordinance to address future development within the rural reserve area. QSince October 25, 2016 the Planning Commission and City Council have approved a CPA to address for higher density and further subdivision of property within the Rural Reserve District. The Met Council will discuss the CPA at the June 5, 2017 meeting and the Metropolitan Council board will make a determination on June 14, 2017. Staff is proposing to continue to hold a hearing and make a recommendation, contingent upon the Metropolitan Council approval. Due to the Comprehensive Plan Amendment, this amendment to the City Code needs to go forward to be consistent with the plan. Mr. Janish confirmed for Commissioner Sims that this matter only applies to the Rural Reserve District. Motion by Peterson, seconded by Hudson, to open the public hearing at 8:42 p.m. Motion carried on a 5 —ayes. 0 — nays, 2 — absent vote (Cleven and Daninger). The applicant for the Comprehensive Plan Amendment, Jake Packard of 3074 164th Ave NW, addressed the history of the 80 acres, including the information that he would be the fourth generation to build a house on the acreage. He requested that the Commission consider the least restrictive option. Regular Andover Planning and Zoning Commission Meeting Minutes — May 9, 2017 Page 7 Motion by Hudson, seconded by Peterson, to close the public hearing at 8:43 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Much discussion ensued regarding the lot splitting and City Code. The primary focus of the discussion was around the topic as to what tools would be recommended in order to restrict future development until urban services, zoning changes, or the comprehensive plan is modified to allow for additional development within the area. Mr. Janish confirmed that Met Council has identified that a tool is needed in order to restrict the future development until the area is considered to become urban in nature. The Met Council had outlined tools available including staff tracking, development agreements, or easements be one of the tools used to restrict future development. The tool selected would have triggers such as: urban services are available, rezoning of the area based on comprehensive plan changes or the zoning for the property is modified to allow for a higher density. Mr. Janish noted the Met Council allows the community to select the appropriate tool to use to maintain the development restriction. Discussion centered on the tools available to the city for restricting future development until triggers occur. JI. Remnant parcels shall restrict future development of homes through a © development agreement until defined "triggers" are met such as: urban services are available, rezoning of said parcel to a higher density, change in the comprehensive plan to a zoning district that would allow higher density, among other "triggers" as may be deemed appropriate by the City Council. Commissioner Sims stated that he does not feel that it is fair to pose additional restrictionsiburdens on those that live in the Rural Reserve District compared to those that live in the City. Commissioners also discussed the requirement of ghost platting. Commissioner Koehler indicated that it would be in the property owners interest to ghost plat or at least provide a sketch, however, through the review process outlined within the ordinance staff, Planning Commission and City Council would be reviewing the proposed split and comparing the request to future major alignments of utilities and roadways so the requirement is not needed. Motion by Koehler, seconded by Nemeth, to approve the City Code amendment as discussed with the language included in JI reference above and remove the requirement of the ghost platting within the Rural Reserve District. Motion carried on a 3 -ayes, 2 - nays (Hudson and Sims), 2 -absent vote (Cleven and Daninger). Vice Chairman Nemeth expressed his preference for a future development opportunity © and indicated that he felt that this was a middle of the road decision. Regular Andover Planning and Zoning Commission Meeting Minutes — May 9, 2017 Page 8 This matter will come before the Council at the June 6th meeting. OTHER BUSINESS Ms. Hanson updated the Commissioners regarding the Catcher's Creek variance request. The City Council did move ahead with approval of the variances and revised plat. The developer removed one of the variances prior to presentation to the Council. Ms. Hanson reported that the MedExpress Clinic has opened on the north side of Walgreens. Joy Kitchen at Shoppes @Andover should have their certificate of occupancy in May. The CEC Theatre building permit was issued for new luxury seating being installed at this time. The exterior and floors are almost complete at Arbor Oaks and they anticipate a July opening. Acapulco is opening their patio in May. At the end of April, 42 permits for new single family homes had been granted. Mr. Janish, in response to Vice Chairperson Nemeth's question, clarified that 50 new homes are the budgeted amount, not the anticipated or projected amount. Vice Chairperson Nemeth requested a quarterly report regarding City Code violations. Commissioner Koehler also expressed his support for the review process. ADJOURNMENT Motion by Koehler, seconded by Sims, to adjourn the meeting at 9:44 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger). Respectfully Submitted, Marlene White, Recording Secretary TimeSaver Off Site Secretarial, Inc. X