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HomeMy WebLinkAboutMarch 25, 2003 0 U M~ CW-J - (JJ1dhn Lt-~ -D :3 (-" CITY of ANDOVER "-..-J PLANMNG AND ZONING COMMISSION MEETING - MARCH 25, 2003 ,The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on March 25, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown BouÌevard 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 Others (j APPROVAL OF MINUTES. March 11, 2003 Motion by Kirchoff, seconded by Greenwald, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Daninger), l-absentvote. PUBLIC HEARING: LOT SPLIT (03-02) TO CREATE TWO URBAN LOTS AT PROPERTY LOCATED AT 16034 CROSSTOWN BOULEVARD FOR REYNOLD N. ORSTAD. Mr. Bednarz explained that the property owner is seeking approval of a proposal to divide the subject property into two parcels. The purpose is to create separate lots for existing home and business uses. This property will be further subdivided into 42 single- family lots into the Constance Corners plat. Mr. Bednarz stated both lots will exceed the minimum lot width, depth and area requirements of the R-4 Zoning District.' Staffhas approved the preliminaiy plat for Constance Comers, and is now going through the feasibility study. This property owner, as well as two adjoining property owners are also submitting an interior lot line l' ' adjustment which would allow parcel's A-I and A-2 to become part of the church \~ property to the northeast and parcel D would become part of the property to the 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - March 25, 2003 Page 2 ,/' --" , I southwest, while parcel E would become part of parcel C. All of this would be a '--/ condition of the lot split resolution, as to avoid the presence of any out lots. Commissioner Vatne asked if the tax standpoint was the sole purpose of the lot. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:04 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Greg Schlank, Brueggeman Properties, 3564 RoUingview Drive, White Bear Lake, stated he was representing Mr. Orstad in the lot split request. He stated they have requested to split the property into two lots. One lot for the income property, which was for the horses on the property, and the other lot was for the homestead. He stated this helps him facilitate a 1031 tax re-exchange on the income portion of the property. He stated it was housekeeping for Mr. Orstad in keeping the property separate. When the final plat is done, it will match the lot split line exactly and the forty-two lots will be created. Motion by Kirchoff, seconded by Greenwald, to close the public hearing at 7:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Vatne asked as a review, on the Resolution, there was a reference made to /-\ Criteria of Ordinance 8 and 40. There were several conditions regarding lot splits in the '0 Ordinance. Mr. Bednarz stated that if Commissioner Vatne wanted to know if they needed to make fmdings, the answer is no because they have met all of the requirements in tenns of area, width and depth, and there is not a variance. It is more a matter of evaluating its compliance with the Ordinance and making sure everything matches up. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of Resolution No. _, approving the lot split request subject to the conditions of the 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 April 1, 2003 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT (03-03) CONSIDER AMENDMENT TO ORDINANCE 8, THE ZONING ORDINANCE, SECTION 7.03 SPECIAL USES TO ALLOW SERVICE STATION AND CAR WASH USES IN THE SHOPPING CENTER ZONING DISTRICT BEFORE 25,000 SQUARE FEET OF RETAIL FLOOR SPACE IS CONSTRUCTED AS PART OF AN APPROVED PLANNED UNIT DEVELOPMENT. Mr. Bednarz explained that the applicant is requesting an amendment to the Zoning /-" Ordinance to facilitate the development of Hamilton Square, a commercial plat located at ) the northeast comer of Hanson and Crosstown Boulevards. '---/ - (' (J ,~ Regular Andover Planning and Zoning Commission Meeting Minutes - March 25, 2003 Page 3 /-- "-, \ ---' J Staffhas discussed the potential development of the property with the owners of the property, their marketing fInns and potential developers over the past two years. A recurring theme of the discussions is that the initial retail floor space requirement is too large for the fIrst stage of development. Mr. Bednarz discussed the staff report with the Commission. Commissioner Greenwald explained he thought the idea is the applicants would like the Commission to consider a small area so a car wash and service area could be constructed before any other retail space. He stated he liked this. Commissioner Kirchoff asked if this would be an amendment to the Ordinance for PUD's. Mr. Bednarz stated it would be an amendment for the Shopping Center District so that the car wash and service station uses for that district would be changed. Commissioner Jasper asked if there was something in the process to ensure they would complete the rest of the shopping center after the service center went in. Mr. Bednarz stated with the PUD there is a contract between the developer and the City and the various aspects of the contract can be negotiated. However, it is difficult to place a timeframe or some other requirement but they could ask the developer to place a bond or "- performance guarantee. '0 Commissioner Jasper wondered how the City would make sure after the car wash and service center was in, they could make sure the rest of the shopping center was developed. He asked if there was anything written into the PUD Ordinances that would address that issue. Mr. Bednarz stated the PUD Ordinance is more general in nature and talks about what they are trying to achieve and not necessarily the specifIc methods of getting there. The specific development standards are established with the contract. Commissioner Greenwald if the people who are planning the center will also be the owners of the service center. Motion by Jasper, seconded by Kirchoff, to open the public hearing at 7:18 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Ms. Kendra Lindahl, Planner for Landform, stated they are requesting the zoning ordinance text amendment but they are not yet prepared to request the PUD. They did include in the packets a concept plan on how the site may develop. She stated when they come in with the PUD application, they will have tenants lined up for many of the sites and they will not speculate on tenants. As part of the PUD, the City requires a little higher design and amenities. She stated they request this amendment as part of the PUD to be flexible. () 0 C) Regular Andover Planning and Zoning Commission Meeting Minutes - March 25, 2003 Page 4 /- -\ \ - I Commissioner Kirchoff asked what the square footage would be. Ms. Lindahl stated they estimated 40,000 square feet with a mix of office and retail. Commissioner Vatne asked how soon they would begin with some of the patios and fountains. Ms. Lindahl stated all of this is part of the discussion as they move forward and part of the negotiation that will happen. She explained it will be very appealing to people and they would like to get an anchor store in as soon as possible. Motion by Jasper, seconded by Kirchoff, to close the public hearing at 7:23 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. ; Commissioner Jasper asked if it was appropriate to add language to the end of the , , amendment or are they shackling the amendment too much to allow a PUD process. Commissioner Kirchoff stated he thought with the PUD process this would be handled. Commissioner Greenwald stated he like the concept of giving some flexibility without putting too much language into it and it is a benefit to the community. He stated he was in favor of recommending this. Mr. Kirchoff asked if a performance bond would be held as a part of the approval. Mr. Bednarz stated in terms of performance bonds, this is geared more towards site improvements and not the establishment of specific uses. Commissioner Jasper stated /- -\ what he understood Mr. Bednarz to say is that normally a PUD would not include , I performance guarantees that if they let the developer to do a gas station first, they will be '-.J sure to do the rest. He stated his gut feeling is that he would be more comfortable including that language because they will be doing an exception to the general rule and they want some way to enforce it. Commissioner Kirchoff stated this was not an exception but a change to the Ordinance. Commissioner Greenwald stated he thought they needed to give them some flexibility because he did not think they would start building without a thorough plan. Chairperson Daninger stated a PUD does have a higher level of standards. Ms. Kendra Lindahl stated that much of the uncertainty will be resolved through the PUD i process in terms of how the center will look and because they will likely have other users lined up by that time. Mr. Darren Lazan with Landform stated their intent is to create some flexibility to : assemble the users because there is no doubt that the gas user will be the most likely one , to step forward first. That use will take on a significant part of the infrastructure to kick the development off and make the other ones fall into place. He stated he thought this property has been empty for a number of years because it was tied to this requirement. He stated their goal is to go out and assemble the largest number of users. 0 Commissioner Jasper asked what Mr. Lazan's reaction would be to the idea of requiring performance guarantees or performance bonds that guarantee the rest of the development 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - March 25, 2003 Page 5 .~ ~ I would be built after the gas station. Mr. Lazan stated he thought it was redundant and inherent in the PUD process. He stated the flexibility they gain by sequencing this in a different order could be easily removed if there is a fmancing requirement or bonding requirement and it would cancel that flexibility out. He stated the gas user will likely be ready sooner and will pay more per foot for this land. He added that he is a resident of Andover who lives in this neighborhood and is just as interested in creating a quality development. Commissioner Vatne asked why they would not approve a variance on this property instead of an amendment to the Ordinance. Mr. Bednarz stated typically they do not approve a variance to uses; they approve variances to a standard that, due to a characteristic of the land, causes undue hardship. Chairperson Daninger stated this is going to be a PUD and when they get PUD in front of i them they do set high standards. Motion by Greenwald, seconded by Vatne, to recommend to the City Council approval of the proposed ordinance amendment to allow flexibility in the staging of developments within the SC District provided a PUD is approved to ensure the centers will achieve the intent of the SC District as they mature. Motion carried on a 6-ayes, O-nays, I-absent vote. r" '. ~ ) Mr. Bednarz stated that this item would be before the Council at the April 15, 2003 City ,~--'" Council meeting. PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT WORKSHEET (EA JJ1 FOR ANDOVER STATION NORTH, CONCERNING THE ANDOVER EDA'S 100 ACRE SITE LOCATED NORTH OF BUNKER LAKE BOULEVARD AND JA Y STREET. Mr. Bednarz explained that as directed by the ED A, staff has been working with Short Elliot Henrickson (SEH) to prepare an Environmental Assessment Worksheet (EA W) for Andover Station North. The EA W is a technical environmental review used for purposes of determining whether there is a need for an Environmental Impact Statement (EIS) based on the proposed development. The City staff has prepared an "Executive Summary" for the Environmental Assessment Worksheet. Commissioner Greenwald stated this was presented to them a few months ago. Mr. Bednarz stated this has been an extensive process and EA W is just one step they take in preparing the land for development. í~' ,,-j ; 0 0 Regular Andover Planning and Zoning Commission Meeting Minutes - March 25, 2003 Page 6 ----. -- Commissioner Vatne explained there was reference on the last page that spoke about the VPIC program. He asked if this meant that through the action plan this site can be satisfactorily cleaned up to remove the contamination. Mr. Bednarz stated the majority of the contamination is from fuel and oil from vehicles and the question is more how the site will be cleaned. He stated the EA W confirms that the contamination is relatively minor and the site can be effectively cleaned. Commissioner Vatne asked if the City agreed to take on the burden of the clean up. Mr. Bednarz stated this was correct. A map of the area was shown and Mr. Bednarz explained what the map consisted of. Commissioner Kirchoff asked if this matched with their traffic study. Mr. Bednarz stated it did. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:42 p.m. 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 7:43 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. , , '--,./ OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that they will be looking at residential plats in the near future. ADJOURNMENT. Motion by Greenwald, seconded by Kirchoff, to adjourn the meeting at 7:44 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. , , \ ~