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HomeMy WebLinkAboutApril 8, 2003 0 0 ~'u~ 'QA-/ lu'Llt:b_fì Lf - d. ~ -03 ,,- \ CITY of ANDOVER u PLANNING AND ZONING COMMISSION MEETING - APRIL 8, 2003 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 8, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: Commissioner Tony Gamache. Also present: ' City Planner, Courtney Bednarz Community Development Director, Will Neumeister Others , " , , ~) APPROVAL OF MINUTES. March 25, 2003 Motion by Kirchoff, seconded by Greenwald, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, O-present, I-absent vote. PUBLIC HEARING: COMPREHENSWE PLAN AMENDMENT (03-02) TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY (MUSA) TO INCLUDE PROPERTY LOCATED AT 16150 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that the applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban Service Boundary (MUSA) to include the subject property. The existing MUSA boundary runs along 161st Avenue NW (CSAH 20) as illustrated in the attachments. The purpose of the amendment would be to allow municipal utilities to be extended to the subject property. Mr. Bednarz explained the applicant would be expanding the size of the existing church. , , It would be most cost effective for this project to include municipal sewer and water~ ~~ Municipal utilities will become available as the Bluebird Sanitary Sewer Trunk will be Regular Andover Plann)n¿ and Zoning Commission Meeting Ü Minutes -April 8, 2003 Page 2 ~ extended to serve the Constance Comers development on the south side of 161 st Avenue J - NW (SCAR 20). If approved, this land use change will be forwarded to the Metropolitan Council for their review. This would be considered a minor Comprehensive Plan Amendment. Mr. Bednarz discussed the item with the Commission. Motion by Greenwald, seconded by Jasper, to open the public hearing at 7:02 p.m. Motion carried on a 6-aye, O-nays, I-absent vote. There was no public input. Motion by Greenwald, seconded by Casey, to close the public hearing at 7:02 p.m. Motion carried on a 6-aye, O-nays, I-absent vote. Commissioner Vatne asked if the timing of the City sewer and water coincides with the planned church expansion. Mr. Bednarz stated there is a public improvement project for residential development on the south side of County Road 20 which would provide a link across to serve the property. He stated the applicant and staff has been working on feasibility numbers for that improvement. "- Commissioner Vatne asked if there would be any additional requests to the modification "- ) to the comprehensive plan based upon the potential improvement. He asked if there was - anything else pending. Mr. Bednarz stated at the upcoming City Council meeting, the Council will be looking at designating the Rural Reserve area, which would encompass the surrounding properties. Mr. Neumeister stated this parcel,was in the area planned for the Rural Reserve but it does not preclude anyone from petitioning for sewer or moving up in terms of timing when they get the sewer and they will be pursuing this with this step and the City will favor this. He stated staff sees this as an opportunity to help them get the sewer they would like. Commissioner Jasper stated he understood the change from R-l-to R-4 with the introduction of urban utility services but he wondered why a church/school was classified as single family urban instead of commercial zoning designation. Mr. Bednarz stated in the general zoning practice itself, they fmd churches are conditional or special uses in residential districts. He stated in most communities they do not have any specialized districts for churches although they may have some limitations on where they can be located, so in this case, the change is from rural to urban residential because that is one of the districts that allows municipal utilities. Mr. Brent Viser, Miller, Dunwoody Architects representing the church, stated in reference to the schedule, the project is slated to begin construction as soon as they can clear the City review process and obtain the permits. He stated they will need to move \ the existing septic system, which is where the new sanctuary will be located and they , -- / reported to the City in a letter their contingency plan to either pump the existing septic r- Ü Regular Andover Plann~J and Zoning Commission Meeting Minutes -April 8, 2003 Page 3 /-- ", \.~) tanks until the City service is available or if that process is not completed or if they are not permitted to do this, they will install a new septic system where it was shown on the site plan. He stated in the interim, the church is prepared to pump their tanks as needed until connected to the sewer system. Motion by Kirchoff, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, approving the proposed Comprehensive Plan Amendment. Motion carried on a 6-aye, O-nays, I-absent vote. Mr. Bednarz stated that this item would be before the Council at the April 15, 2003 City Council meeting. PUBLIC HEARING: REZONING (03-03) TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 16150 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that the Planning Commission is asked to review the proposed rezoning to change the zoning of the subject property from rural residential to urban residential to reflect the availability of urban services (municipal sewer and water). . \ ( \, ) Mr. Bednarz stated the City must meet one of the two findings that are provided by State Statute. If the proposed Comprehensive Plan Amendment is approved, the subject property will be included within the 2020 Metropolitan Urban Service Area (MUSA). At this point, times and conditions will have changed and it will be appropriate to change the zoning district to Single Family Urban Residential (R-4), a district that allows municipal utilities. Mr. Bednarz discussed the information with the Planning Commission. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:11 p.m. Motion carried on a 6-aye, O-nays, I-absent vote. There was no public input. Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 7:11 p.m. Motion carried on a 6-aye, O-nays, I-absent vote. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-aye, O-nays, I-absent vote. , '\ Mr. Bednarz stated that this item would be before the Council at the April 15, 2003 City \.J Council meeting. 0 () Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 4 / \ <J PUBLIC HEARING: LOT SPLIT (03-03) TO CREATE A NEW RURAL RESIDENTIAL PROPERTY FROM PROPERTY LOCATED AT 838 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that the applicant is proposing to subdivide a rural property to create a new rural residential lot. The property is located at the southwest corner of Crosstown Boulevard and Prairie Road. Mr. Bednarz noted that road easements are included within the lot dimensions and area to help the property to achieve sufficient size to meet the R-l Zoning District requirements. A road easement is different from right-of-way in that easements sit upon privately owned property and grant limited use of that property, in this case for road purposes. The underlying property owner retains ownership and continues to pay taxes for this area of their property. Mr. Bednarz stated the Anoka County Highway Department has requested a minimum of 60 foot wide half right-of-way for Crosstown Boulevard. The Building Official has indicated that the proposed new property will be buildable. Mr. Bednarz explained the subject property is located within the 2020 Municipal Urban Service Boundary (MUSA). Municipal utilities are projected to be available for the '\ subject property in the 2010-2015'time frame. Rural lot splits are permitted to occur \_j within the MUSA, although only one lot split is permitted every three years. Mr. Bednarz noted a park dedication will be required to be paid for the new property in the amount of$2,155 and a trail fee in the amount of$523 will also be required to be paid for the new lot. Access to the new lot will be required to be provided from Prairie Road. Mr. Bednarz discussed the survey and information in the staff report with the Planning ; Commission. Chairperson Daninger asked if the applicant was aware of the existing building and if something changes. Mr. Bednarz stated the applicant was given a copy of the report and understands. The applicant stated she understood. ¡ ; Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:17 p.m. I Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Vatne, seconded by Casey, to close the public hearing at 7:17 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. r' \ '--..J - 0 Ü Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 5 .' \ '-..J Commissioner Jasper asked if the applicant was aware of the non-conforming building and if destroyed would not be able to be rebuilt. The applicant stated she was aware of this. Commissioner Jasper asked what a half right-of-way was. Mr. Bednarz showed a map of the area and explained the meaning of half right-of-way. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the proposed lot split subject to the conditions in the attached resolution. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Bednarz stated that this item would be before the Council at the May 6, 2002 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT (03-02) TO CONSIDER AMENDING ORDINANCE 266 TO MODIFY EXISTING RENTAL LICENSING REQUIREMENTS. Mr. Neumeister explained at the January 21,2003 Planning Commission meeting, several issues involving the proposed changes to the Rental Housing Ordinance were raised that ~-) needed further discussion. Mr. Neumeister discussed each of the issues with the Planning Commission in detail. Commissioner Greenwald asked if the people who were at the last meeting received the changes. Mr. Neumeister stated they did. Commissioner Jasper asked in section 11, subsection 1 had a paragraph 8 and 9 which dealt with other violations ofMN Statutes 504b and 609, these have been moved to section 11, subsection 3, why were these moved. Mr. Neumeister stated they wanted to make sure that the tenants knew there were State Statutes covering this and not be explicit in terms of making them items in subsection I. He stated they felt in the adjustment, this was the proper place to be. Discussion ensued in regards to the State Statutes and what the tenants should be aware of. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:41 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Eric Nyland, 2110 140th Lane NW, stated he liked the changes that were made since the last meeting but he still feels the owner occupants should be under license, otherwise :.~ owner occupants cannot be held accountable under the new Ordinance at all. 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 6 /' \ \J Commissioner Greenwald asked why the City did not want to include single family home rental units in the Ordinance. Mr. Herb Blommel stated the reasoning behind this was they did not want to get into licensing single family homes because if they did that, people would go out of town for several months and lease their homes out which would make them fall under the licensing agreement. They wanted to stay away from it if possible. Commissioner Kirchoff stated the reason for the Ordinance is to protect the owner and other tenants from a bad tenant. The issues that would concern Mr. Nyland would probably fall under State Statute 609. Commissioner Jasper explained that he thought Mr. Nyland's idea was to reword the Ordinance to make this work for the owner occupied rental units, which could be done. Mr. Eric Nyland asked the Anoka County Sheriff if there was a way they could work with the owners on background checks. The sheriff stated at this point the BCA is the only one who does this. Mr. Neumeister stated for the record, he received a written comment from Mr. Kenneth R. and Connie Evans, 13542 Poppy Street N.W, owner occupant, stating they would like to see the rental Ordinance stay the way it is. C) Motion by Kirchoff, seconded by Vatne, to close the public hearing at 7:50 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Discussion continued in regards to the examples in the Ordinance and if they should list these and also with owner occupied rental licenses. Commissioner Greenwald asked if Sargent Platnum could go through the reporting process. Sargent Platnum stated all the reports on rental properties are coded so they can punch up a specific code and retrieve reports and calls to any rental property within minutes. Commissioner Greenwald asked if an owner would get notification of a call in a reasonable amount of time. Mr. Blommel stated that is what they are planning on doing. Commissioner Greenwald asked how much information would be given to the owner. Sargent Platnum stated they would need to follow the data privacy act. Discussion ensued in regards to sheriff calls to the property. Mr. Neumeister explained on page five of the Ordinance in regards to the second instance occurring within three months of an incident is a trigger point. If it is more than three months, they are back at square one so as long as it is more than three months, a tenant could have more than three calls within a year. Commissioner Jasper stated a second '\ instance has to follow a first notice and as the Ordinance is written, he did not think a "_J tenant could build a record. 0 eJ Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 7 , -- ) Mr. Neumeister stated under the current Ordinance, without getting into further detail, Mr. Blommel could start this process that is laid out as currently set out. Commissioner Jasper stated he thought he could in regard to the City Council looking at suspending a license in some ways the Ordinance is inconsistent because then it talks about provisional licenses and they have different triggers, which talks about three in a year. The provisional license and suspension of the full license is somewhat inconsistent because it does not talk about the different notices. Discussion continued with the Commission reviewing the different sections of the Ordinance. Commissioner Jasper stated in section 2 of page one, he would like the defInition changed to "Rental Dwelling as any dwelling unit building with two (2) or more living units with at least one (1) unit for hire..." so if you are renting out your house, this would not apply but if a person had a duplex and rented out half of it, this Ordinance would apply. Mr. Blommel stated they have some doubles that are in town that are two family dwellings behind County Market that are single family as far as ownership so they may need to look at it so they would not apply. He stated the police reports do not show the owner/occupant homes as being a problem area. \, Discussion followed regarding what dwelling units should be included in the Ordinance. \ J Commissioner Jasper stated on page four, section 11, subsection 1, there should be an item eight added which would read "Criminal Statutes", which would cover 504b and 609 and then in subsection 3 they could delete part of the sentence stating "and Section 609 (i.e. Disorderly Conduct; Unla'l¡ful f..ssembly; Riot, Terroristic Threat; Presence at Unlawful :\ssembly." Commissioner Greenwald asked if seven days was enough time to make any repairs to comply with the Compliance Order. Mr. Blommel stated the reason they made this seven days was due to smoke detectors. He felt going longer than two weeks for smoke detectors was too long. He would like to keep it at seven days with his discretion at extending it longer than seven days. Commissioner Jasper stated Compliance Orders deals with more than building issues, it can deal with disorderly issues and is the focus of this. He stated seven days seems too short for a landlord to resolve an issue with a tenant. Mr. Neumeister stated they could make this into two parts, if it is building related, it would be a certain number of days and if it is a disorderly issue, it would be dealt with another way. Commissioner Jasper stated this would be a good idea. Mr. Neumeister noted on page 5, sections 4-6 are rules that they have kept without / '\ change. He stated section 8 is where they would want to focus on and should be '-J discussed further at the next meeting. 0 CJ Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 8 , 1 '----, ) Commissioner Jasper stated Section 11, subsection 1 defines the disorderly uses and . Section 11, subsection 8 defines disorderly use differently and he felt these were not consistent and subsection 8 is not necessary because it is talked about in subsection 1. Mr. Neumeister asked if the Commission was comfortable with the number of calls to a unit before eviction. The Commission decided there was not a problem with the number of calls. Commissioner Jasper explained they talked about Section 12, subsection 1 b, at the last meeting in regards to domestic abuse not being counted. If the Commission's intent is that the calls not be counted, then the Ordinance would need to be changed to show this. He stated he thought domestic abuse should be counted as much as any other item but if that is the intent, the wording would need to be changed. Commissioner Kirchoff asked if criminal laws would come into effect. Chairperson Daninger stated they should leave this item for further discussion at the next meeting. Commissioner Greenwald asked if item 4, on page 7, monthly reports, is fair because they are giving a little bit ofleeway on getting the reports to the licensee. Mr. Neumeister stated this is related to the provisional license only and they have already r " been put on notice. They would need to give a report every month for six months and at ~ \._~ the end of the six months, they need to have a clean record to get back to the regular license. Commissioner Jasper stated on item 4, this should pertain to the licensee. Commissioner Vatne stated his question was pertaining to the provisional license and the concern oIl. turn around time in getting notification to landlords for both provisional under "C" and then prior under the standard licensing. He stated he thought they needed to give timely notification to the landlords regarding problem tenants and to specify what timely notification is. Commissioner Greenwald asked if he wanted to put in a time frame on this or just state it as timely. Commissioner V atne stated they should put a time frame on this so the landlord can try to do something about the problem tenant. Discussion ensued in regards to what would be considered timely for the Ordinance. Commissioner Greenwald asked if they needed to keep the "adequate lighting" in on page 7, section 14. Mr. Blommel stated this is in response to front doorway lights and the landlord needs to keep this in working order and replaced if broken off because most of the areas do not have street lighting. Commissioner Vatne stated they may want to discuss this further because he took this sentence to mean overhead lighting such as a parking lot. Commissioner Jasper stated on page 9, section 7 should read "Failure to comply with all ,~.J terms of this Ordinance dur.ng the term of the rc~.'ocation, suspension, or non rencv.;al is a ~ 0 0 Regular Andover Planning and Zoning C()mmission Meeting Minutes -April 8, 2003 .,- -.... Page 9 \ ) ----/ misdemeanor" and delete the rest of the language. Mr. Neumeister stated they would reword this. Motion by Greenwald, seconded by Kirchoff, to continue this item until April 22, 2003. Chairperson Daninger noted that if they came to a conclusion on the units behind County Market, they would notify the residents and have another public hearing. Motion carried on a 6-ayes, O-nays, I-absent vote. PUBLIC HEARING: COMPREHENSWE PLAN AMENDMENT (03-03) TO ADOPT PARK STUDY AS A COMPONENT OF THE 2020 COMPREHENSWE PLAN. Mr. Neumeister explained the item is in regards to a public hearing to consider adopting r the Park Study as a component of the 2020 Comprehensive Plan. At the March 11, 2003 Planning Commission meeting, a public hearing was held to consider amending Ordinance 10, Section 9.07 to incorporate recommendations from the Northwest Associated Consultants, Inc. (NAC) study. In further review of Ordinance 10, ,- - ..... Section 9.07, the ordinance refers in a couple sections to the Comprehensive Plan. To ' \ \. ) ensure standards for how the parks will be developed and/or how the park dedication fee is being determined, the Comprehensive Plan is requested to be amended to add the Park Dedication Study as an addendum. The City Attorney's letter explains that this is needed to withstand any judicial scrutiny in the event an applicant brings a court challenge to the dedication requirements for residential developments. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 9:36 p.m. r Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Kirchoff, seconded by Casey, to close the public hearing at 9:36 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Jasper asked if the letter and documents are stating they are not addressing the commercial/industrial park fees, just the residential development. Mr. Neumeister stated he believed that was correct. Commissioner Greenwald stated the key to this is the park study is required and they are fulfilling the requirement by doing this and they do not need to bring in any commercial. Mr. Neumeister stated this was true. -~, " \ \--,/ , , ü Ü Regular Andover Planning and Zoning Commission Meeting Minutes -April 8, 2003 Page 10 ,- " Motion by Jasper, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, approving adopting the Park Study as a component of the 2020 Comprehensive Plan. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Neumeister stated that this item would be before the CounCil at the May 6,2003 City Council meeting. OTHER BUSINESS. Commissioner Kirchoff thanked Mr. Neumeister for the format in the staff letter that was presented and stated it was very helpful. Chairperson Daninger stated he appreciated the Commission Members taking the time to look into and discuss the rental ordinance. ADJOURNMENT. Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting at 9:41 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. \j ) Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. , '" , ) _/