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HomeMy WebLinkAboutAugust 10, 2004 ( ) U C\9-\~-t.- CUU C I T Y o F ~ q ¿ ~tf-O+ NDOVE 0 PLANNING AND ZONING COMMISSION MEETING -AUGUST 10,2004 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 10,2004, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Tony Gamache, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: Commissioner Rex Greenwald. Also present: City Planner, Courtney Bednarz Planning Intern, Chris Vrchota Others ( ''\ APPRO V AL OF MINUTES. \ _.J July 27,2004 Motion by Gamache, seconded by Vatne, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Kirchoff), I-absent (Greenwald) vote. RESOLUTION MODIFYING DEVELOPMENT DISTRICT NO.1 AND TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 1-4. Mr. Bednarz explained on May II, 2004 the Planning Commission reviewed a similar resolution. Since then there are changes that have been proposed to the size of the Tax Increment Financial District. The Andover Economic Development Authority (EDA) and the City of Andover are considering a proposal to enlarge the area involved in the proposed Tax Increment District and it necessitates adoption of a modification to the development program for Development District Number 1, to establish Tax Increment Financing District Number 1-4 (TIP District No. 1-4) and adopt a Tax Increment Financing Plan (the "TIP Plan"). Mr. Bednarz introduced Mr. Todd Hagen, EWers & Associates, who explained the Tax ..~ Increment Financing Plan for TIP District No 1-4. '. j - u U Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 (J Page 2 Commissioner Kirchoff wondered how the expanded TIP District came about and was it a request from the current property owners to become a part of it. Mr. Hagen stated he was not sure of the history of this but he thought that was the case. He believed there was a need from the property owners to develop their parcels. If they qualify, they cannot just get the money. It all has to be eligible costs. He stated it was a way to be economical because they did not want the district to be too big yet it should not be too small where it would need to be adjusted. A map was shown of the proposed TIP District. Commissioner Kirchoff asked if they were at the point now that they have a pretty good idea of who would want to be included in the TIP District. Mr. Bednarz stated the TIP District was expanded from what was previous presented, to include two residential properties, part of the reason to include them would be to facilitate a future street connection to the east and he believed there were industrial property owners who were looking for future expansion. Ms. Renee Hogendorf, 2875 16lst Avenue NW, and Mrs. Mary and Mr. Dick Hines, 2975 161 st Avenue NW, stated this came up really fast and they have a lot of questions. f'\ Ms. Hogendorf stated they sat down with Mr. Neumeister and Mr. Dickinson a few U weeks ago to fmd out how this was going to affect them. She stated she did not wish to be a part of the TIP District for a variety of reasons. She stated a concern was what would happen to their homes once they became a part of the TIF District. Ms. Hogendorf explained some of her concerns regarding taxes and changes to their property. She asked for some answers. Ms. Hines stated they did not think there was any advantage to be in the TIP District. She stated they also wanted answers because every time they talk to someone, they get different answers. Ms. Teresa Kramer stated she would like people to be honest because she has not heard a lot of it. Chairperson Daninger stated this was the fIrst time the Commission has heard about the residential property being included in the TIP District. He explained the procedures this item needs to go through. Commissioner Gamache asked why the two residential properties were being included in the TIP if they do not want to be included. Mr. Hagen stated he could only speculate but back in the olden days, they could pull the increment and it could be spent anywhere ~) within a big development district but now the Legislature has restricted it to twenty-five percent to be spent outside of the TIP District. He thought if there were roads that needed upgrading and public improvements, outside of the TIP District, you would expand the u U Regular Andover Planning and Zoning Commission Meeting i Minutes - August lO, 2004 ; /-', Page 3 \,--j TIP District because that is not only the revenue generator, and it has turned into the spending district also. The District would be expanded as far as they could to surround all of the other public improvements to be made and that is the tax increment coming off of that. That is one reason to expand the TIP District. Another reason for expanding a : TIP District is to help qualify more as a TIP District. Commissioner Gamache asked whose idea was it that the two residential properties would be included in the TIP District. Mr. Bednarz believed it came fÌ"om a recommendation from the Bond Council in meeting some of those requirements for setting up the TIP District. Mr. Hagen concurred. Chairperson Daninger asked what happened to the value of the property in the TIP District. Mr. Hagen stated if the zoning stays the same, it does not affect the value at all. Commissioner Jasper asked how many other Tax Increment Districts they had in Andover. Mr. Hagen stated this was number four of District 1. The Commission discussed other TIP Districts in Andover. Commissioner Kirchoff asked if the overall intention of the District itself to turn it into '\ one PUD. Mr. Bednarz stated it is difficult to say what the ultimate redevelopment of / this area could be. He thought there was interest by the present property owners of the '.~ , industrial area to do some expansion and upgrading of their facilities. If there is additional land available, it may generate more businesses to come into the area. Commissioner Kirchoff asked what would happen to the residential property. Mr. Bednarz stated there are a number of procedural processes to be taken. He discussed the steps that would need to be taken. Commissioner Gamache stated he would be concerned ifhe was one of the property owners. He stated a lot of questions have to be answered for the residents involved before City Council takes any action and he did not agree with this at all. Commissioner Vatne stated for clarification, they previously saw two thirds of the industrial property being included in the nF District and now they are seeing all of the industrial property being included plus some residential properties. He stated this has significantly changed from what they saw previously. He recapped what was previously discussed. Commissioner Jasper stated the way he understood the change was they previously did not meet the statutory definition so they could hit fifty percent of the properties. The buildings are substandard and that is why they had to add other properties and they are ~J adding other properties that do not want to be added. He stated the TIP District, as he understands it, is a way for the City to take a blighted area and redevelop it by use of the tax increment because it would not be fmancially feasible to do it without and he did not ; I i - ( ) U '-/ Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 (-" Page 4 -. ) see anything in the report which would indicate such an area exists in Andover that could not be redeveloped without that type of substantial help and the residential property owners are indicating they do not want their property redeveloped. He also did not understand the fmancial side of this. He stated that the report indicates that condemnation is possible. He stated all of this concerned him. Mr. Hagen stated they still need to get the budget and substandard report but/for findings for the City Council meeting on August 17th. It was his understanding that tax increment does not give the City or EDA any more power to do any extra condemnation or any purchasing or anything different then what they could before. It only says they can use tax increment for some of those purposes within that area. He stated it also sounds like after they get the report, the residential properties may not need to be in the District anymore or if they are needed to actually satisfy the area test. He stated is sort of academic to make a statutory finding. He thought this was expanded to satisfy the testing. Commissioner Jasper stated they are supposed be making a decision on this but they do not have all the information to make a decision and he gets the feeling that they are expected to say it is just ok without the information. He stated he did not like doing this. Commissioner Vatne stated at the tail end of the document there is a note that additional /-"- information will be added prior to the public hearing. That does not allow them to ) evaluate the information that is moving forward. They are asked to make a recommendation based on less than full information. The author of the proposal is not at the meeting to explain it to them and Mr. Hagen is also filling in for someone. He stated he would appreciate in the future that Mr. Neumeister is at the meeting to help them understand better. He stated they needed to have the right people, the right information available, the right explanation and the right walk through to help evaluate whether or not this is a good fit. He did not think he could make a positive recommendation without the additional information. Motion by Vatne, seconded by Casey, to deny adopting the nF Plan for lack of sufficient infonnation. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the August 17,2004 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (04-06) TO ALLOW INSTITUTIONAL SIGN AREA OF UP TO 100 SQUARE FEET FOR ANDOVER CHRISTIAN CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW. Mr. Vrchota explained the Andover Christian Church is requesting a Conditional Use ,) Permit to allow an institutional sign in a residential district with an aggregate square footage exceeding thirty-two (32) square feet. - u U Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 í'· Page 5 ./ Mr. Vrchota discussed the information with the Planning Commission. Commissioner Gamache asked how far back from the property line are they proposing to put the sign. Mr. Vrchota stated they do not have an exact location but it would be in the same spot as the previous sign was. Mr. Bednarz thought it would be ten feet. The applicant stated it would go in the same spot as the previous sign. Chairperson Daninger asked if the sign was lighted. The applicant stated it was backlit. Motion by Gamache, seconded by Jasper, to open the public hearing at 7:50 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Commissioner Casey asked if the placement of the sign on the comer of Nightingale and 161 st or is it set further back on the property. Mr. Wayne Buse stated the sign is in the comer of the property along Nightingale and 161 st Avenue. Commissioner Kirchoff asked how the sign would be angled. Mr. Buse thought it would be perpendicular to Nightingale. r' . Motion by Kirchoff, seconded by Gamache, to close the public hearing at 7:53 p.m. ) Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Kirchoff, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the Conditional Use Permit. Commissioner Vatne thought it was a nice looking sign and met all of the conditions. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the August 17,2004 City Council meeting. VARIANCE (04-06) TO VARY FROM THE MINIMUM LOT SIZE REQUIREMENTS OF CITY CODE 5-1A FOR SHELTERING HORSES ON PROPERTY LOCATED AT 17536 QUAY STREET NW. Mr. Bednarz explained that the applicant did not provide information in time for this item to be included in the packet. This item will not be reviewed at the August 10, 2004 meeting. ; - .'" "J - u U Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 CJ Page 6 PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR AN URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 15941 HANSON BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a residential sketch plan for an urban development containing nine lots. Mr. Bednarz discussed the information with the Planning Commission. Commissioner Gamache asked if this was a legal cul-de-sac or did it need a variance. Mr. Bednarz stated they handled the variance for the length of the cul-de-sac with Shady Oak Cove. ** Commissioner Kirchoff stated that with this being such a small development, who would take care of the center donut in the road. Mr. Bednarz referred this item to the developers. Mr. Jason Osberg and Mr. Andy Prasky of Premier Development stated there would be an association and it would be very minimal. The only other thing they discussed regarding the center area was to dedicate the center area as park land and then the burden (\ falls back onto the City which is probably not as favorable as a homeowner's association. \J Mr. Osberg stated with the association, there will probably be an annual fee of $25.00 per home to care for the area. He stated they would like to have the ability to do something that is not sodded and that may not require irrigation in the center such as a rock garden or a dry river bed appearance. Something that is still an amenity or focal point to he : neighborhood and would look fairly attractive but would not require as much maintenance or irrigation. Commissioner Gamache asked if there is an option to have the middle area deeded to a parcel. Mr. Bednarz stated this would be a little unusual. Typically these islands are in the right-of-way and the maintenance responsibility is assigned to the association. Commissioner Jasper asked if there were other developments like this in the City with this type of a cul-de-sac. Mr. Bednarz stated they do not have anything specifically like this. They have a few landscaped medians that are at entrances to developments. He listed the developments. Commissioner Kirchoff asked how the cul-de-sac was maintained at Shadow Brook. Mr. Bednarz understood it was taken care of by one or more of the owners closest to it. Commissioner Jasper stated the one that goes into Woodland Creek by the red barn is not 0 really taken care of by anyone so they would want to make sure this is taken care of by someone. ¡ - u U Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 /'\ Page 7 ',j Commissioner Kirchoff stated he liked the idea oflow maintenance. Maybe a dry river bed, especially around the first eight feet. Commissioner Vatne stated he noticed a caveat based on the final conclusion of where this easement is on the transmission lines. It looks like the interpretation runs pretty close to lots seven and eight. If the easement ends up coming in further to the east, does this propose problems to the layout. Mr. Bednarz stated if the easement does encroach further into the property, it could potentially affect the building pads as shown. The size of the cul-de-sac and street may need to be adjusted if that is the case. He stated the island itself has a diameter of about one hundred feet so there is room for adjustment if necessary. Commissioner Jasper stated this plan shows the pond being expanded but part of the pond expansion is on property that is not part of this development. How does that work. Mr. Bednarz stated there is a drainage and utility easement that covers the area of the pond up to the property line. The applicant would be required to put together a storm water management plan that meets the Watershed District requirements, that does not put additional water onto that property. Mr. Osberg showed on the map the easements of the property and explained how the building pad on lot seven could be adjusted. He stated regarding the storm water pond í\ adjustment, at this point, when the sketch was put together, it is a presumption that the pond could be expanded. The alternative is there is additional land on the site that a pond , J -__J could be created. Motion by Jasper, seconded by Vatne, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. There was no public input. Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:07 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Commissioner Jasper stated he would rather see sod in the middle of the cul-de-sac and have it maintained. Commissioner Gamache stated he agreed because the rocks will end up allover the road and other areas. Commissioner Kirchoff stated he was ok with sod as well. Chairperson Daninger summarized the Commissions comments to the applicants. He commended the developers on the size of the lots. He stated the cul-de-sac is something different and he thought it would add some buffering from the houses. He stated there is always an issue with safety concerns but he thought this was something different. He did not think a park would work in the middle of the cul-de-sac because they did not want kids playing there. Another concern is the homeowners association and how the island '\ will be landscaped. ,--j - (J U Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 / --- Page 8 { " I Commissioner Kirchoff stated he liked the large cul-de-sac. Commissioner Gamache stated he liked the current plan rather than the ghost sketch from Shady Oak Cove. He thought this was a good alternative and that they did a good job. Mr. Bednarz stated that this item would be before the Council at the August 17,2004 City Council meeting. OTHER BUSINESS. a. Reschedule September 14,2004 Planning Commission Meeting It was noted Mr. Bednarz would em ail the Commission to find out what night would be the best for the Planning Commission meeting to be moved. Mr. Bednarz mentioned that they have been holding a couple of neighborhood meetings to discuss the staging plan now that the sewer study has been completed. Mr. Bednarz stated they have received a sketch plan proposal for the area southeast of Andover Boulevard and Prairie Road. / "- '. - ) Chairperson Daninger asked what the outcome was from the City Council regarding the four season porch they denied. Mr. Bednarz stated the City Council approved it. Mr. Bednarz updated the Planning Commission on related items. Commissioner Vatne stated from his perspective, regarding the TIP proposal, they voted to deny due to insufficient information as he proposed and to clarify, what he would be looking for going forward, they need to have an explanation of fmancials and corresponding tax impact. He asked they are able to better understand the reason why they were including the residential property in this proposal and not in the previous one and an understanding whether the residents have a choice or not. Whether they are included in the TIP or whether they will be forced to sell. It occurred to him that when they discussed this previously, there were inspections that were in process and he did not think to question what the results were but it would be interesting to know the results of the inspections and how this impacted the proposal they saw at the meeting. Commissioner Jasper stated it was frustrating to him that all the information was not available but they were requested to make a recommendation. He felt it was a waste of their time. ~~ í " \.) u Regular Andover Planning and Zoning Commission Meeting Minutes - August] 0, 2004 ( Page 9 j ADJOURNMENT. Motion by Vatne, seconded by Gamache, to adjourn the meeting at 8:20 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. / , '\ "-) I