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HomeMy WebLinkAboutApril 23, 2024 PLANNING AND ZONING COMMISSION MEETING – APRIL 23, 2024 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Godfrey on April 23, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Karen Godfrey, Commissioners Bert Koehler IV, Nick Loehlein, Jon Shafto, and Ryan Winge. Commissioners absent: Commissioners Scott Hudson and Pat Shuman Jr. Also present: City Planner Peter Hellegers, and Associate Planner Jake Griffiths PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 26, 2024 Workshop Meeting Chair Godfrey assumed a motion to approve the minutes for the Workshop. Motion carried on a 5-ayes, 0-nays, 0-present, 2-absent vote. March 26, 2024 Regular Meeting Commissioner Koehler noted on page 6, line 26 and asked staff to review the recording at 1 hr 4 min 37 seconds and reword the paragraph. Motion by Koehler, seconded by Loehlein, to approve the minutes of the March 26, 2023 Regular Meeting directing Staff to revise. Motion carried on a 5-ayes, 0-nays, 0-present, 2- absent vote. PUBLIC HEARING: Consider a Planned Unit Development (PUD) Amendment and Conditional Use Permits (CUP) for two drive-throughs for the property at 15170 Bluebird Street NW (PID 23-32-24-32-0025) City Planner Peter Hellegers reviewed the Planning and Zoning Commission is asked to review a Planned Unit Development (PUD) Amendment requested by SMNPT 1, LLC for Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 2 the Andover Clocktower Commons development changing the development plan for Lot 4 from one 7,440 square foot restaurant to two smaller restaurant buildings. The request also includes Conditional Use Permits (CUP) for the drive-through lanes serving both proposed restaurants. The original PUD for Clocktower Commons was approved on September 19, 2003, as a 5- lot commercial development with a clocktower plaza feature near the southwest corner of the site. There have been a few previous PUD amendments to the development plan, the most recent on March 20, 2018, when the plan was amended to allow a day care building on Lot 3. The 2014 amendment modified plans for Lots 3 and 4 while removing the standalone clocktower and incorporating a clocktower element into the building for Lot 4. An amendment in 2009 provided a three-quarter access at Crosstown Boulevard, and a 2004 amendment provided a drive-thru window for the space at the south end of the shopping center (the commercial site plan for the drive-through was modified in 2019 along with an expansion to the parking lot on Lot 4, which is the current layout of the property). The subject property for the proposed PUD Amendment is Lot 4, which has always been shown as the restaurant lot and is currently undeveloped except for the parking lot. The approved PUD development plan for Lot 4 includes a 7,440 square foot restaurant with a drive-through. The request would modify the PUD, replacing the approved one large restaurant building with two restaurants that are approximately 2,500 and 2,300 square feet. These two restaurants would be less than the size of the restaurant building shown on the approved PUD. As originally written, changes to the “Master Plan” and each preliminary plat require an amendment to the PUD. Mr. Hellegers showed a visual comparison of the approved plan and the proposed amendment plan for Lot 4. He noted this request does not change any entry/exit to Clocktower Commons shopping center. City Code 13-3-9 Planned Unit Development was reviewed. The PUD Review Criteria was reviewed in detail with the responses from the applicant’s narrative. A. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City – Current zoning is Shopping Center (SC) and this development provides those commercial uses similar to others in the center and immediate area. The uses are consistent with the previous approval. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. – The development is integrated with the current center, using existing access points and shared drives. The buildings are positioned and designed to be compatible with the design of the surrounding center and provide easy and convenient access to customers from the other buildings in the center and from the adjoining areas, both streets and paths. Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 3 C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. – This development is very similar in scope, both building size and proposed uses, as the previously approved PUD for the lot. The 2-building design allows for the addition of users that will help generate more interest in the overall center and provide more goods and services to the residents of the City, which is the ultimate goal of the development. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. – This lot is the last to develop within this overall PUD. The existing infrastructure, including access points, shared drives and shared utilities are in place and were contemplated for this lot. The addition of these buildings, lots and users would be able to operate and succeed without reliance on any subsequent development and will enhance the traffic to the existing users in the center. Mr. Hellegers reviewed Lot Standards & Deviations to the City Code, Parking/Loading/Drive-through Stacking, Tree Preservation/Trees, Utilities – Sewer and Water, Lighting, Parking and Other Standards. The CUP Review Criteria was also reviewed. The Planning and Zoning Commission is requested to hold a Public Hearing and make a recommendation to the City Council on the PUD Amendment and Conditional Use Permit requests. Provided for the Commission’s review were Draft Resolution of Approval, Draft Resolution of Denial, Site Location Area Map, City Code 13-3 Planned Unit Development (PUD), Previous Approvals – Resolutions/Approved Plan for Lot 4, Review #1b Comment Letter, Applicant’s Narrative, Applicant’s Plan Set and Public Comments. Chair Godfrey opened the public hearing at 7:12 p.m. Mr. Paul Tucci, applicant, stated Staff has done a great job in summarizing the request. There will be a couple of modifications made to the plans. He noted the buildings are Starbucks and Chipotle. The nearest Starbucks is located at Riverdale. The Chipotle is for pre-ordering and pickup. There is stacking for 7-8 cars if the use should change in the future. The traffic patterns are different and blends the parking well together. Mr. Tucci showed a drawing showing the clocktower element. Commissioner Winge referred to the Site Plan and referred to the drive-through for building #1. Traffic taking a 180 degree turn to exit the drive-through may be difficult. Visibility can be challenging for vehicles entering that area from Crosstown. Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 4 Mr. Hellegers stated a comment was received regarding traffic impact in the area of Bluebird and Crosstown. Their concern was additional development in the shopping center would impact traffic. Commissioner Koehler asked when this project will start and finish. Mr. Paul Tucci, 18195 Technology Drive, Eden Prairie. Construction would begin June-July and hope is to be complete January – February 2025 for the easterly building and the westerly building April 2025. No one else appeared to address the Commission during the public hearing. Chair Godfrey assumed a motion to close the public hearing at 7:22 p.m. Commissioner Koehler asked if there was a timeline for the roundabout on Bluebird and Mr. Hellegers stated 2026. Commissioner Loehlein stated this property already has an approved PUD with some changes to align with City Code. This request meets the requirements. Commissioner Koehler asked if the businesses received the notices and Mr. Hellegers stated notices are sent to the property owners. Commissioner Winge asked if there has been any communication to the businesses regarding parking? Will this result in a reduction of overall parking in that area? Mr. Hellegers stated this does reduce parking in the parking lot. The property owners were notified and it is up to owners to notify tenants. There is capacity based on the standard. There will still be 70 parking spaces in lot 4. Commissioner Koehler stated there is not a drastic difference between PUD 1 and 2 and there is not a large reduction in parking. Motion by Shafto, seconded by Loehlein, to recommend the City Council approve the Planned Unit Development Amendment and Conditional Use Permits for two drive- throughs for the property at 15170 Bluebird Street NW (PID 23-32-24-32-0025). Motion carried on a 5-ayes, 0-nays vote. This will come before the City Council on May 7, 2024. PUBLIC HEARING: City Code Amendments – Title 12: Zoning Regulations, Title 11: Subdivision Regulations, Title 9: Building Regulations, and Title 13: Planning and Development – City of Andover (Applicant). Associate Planner Jake Griffiths reviewed in administering the City Code, City Staff will periodically come across issues of clarity, consistency or relevance that likely need to be addressed through a City Code Amendment. At their March 26, 2024 Workshop, the City Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 5 Council discussed the following City Code Amendments and expressed their support in moving forward with the following City Code Amendments. Fence Height – City staff are proposing to amend City Code 12-7-4: Fence Height to clarify that fence posts may exceed six (6) feet in height by a maximum of six (6) inches. The reason for this amendment is that in 2023 a resident filed a complaint with the City that a neighbor’s fence exceeded six feet in height and was in violation of City Code requirements. When City staff conducted the inspection they found that the portion of the fence the resident was complaining about was a typical fence post cap that was only a few inches above the fence panel. This is a very common type of fence construction and it would be difficult to find a fence where the post height does not exceed the panel height. City staff is proposing this amendment in order to clarify the City Code’s existing fence height policy. Reapplication after Denial Language – Several applications including Conditional Use Permits, Interim Use Permits, and Rezonings have language in the City Code that states, “no previously denied application may be considered by the City Council for a period of one year from the date of its denial”. City staff is proposing to extend this language to the requirements for Variance applications, which currently does not have any reapplication after denial language. Access Drive Fire Code Discrepancy – The City Code relative to Access Drives is currently inconsistent with the requirements of the Minnesota State Fire Code. City staff are proposing to amend the City Code to align it with the State Fire Code requirements. This would clarify that pursuant to Minnesota State Fire Code Section 503, an access drive is not required to one or two homes no matter the setback distance from the main road. Interim Use Permit Approval Requirements – Currently, City Code 12-15-8-C states that approval of an Interim Use Permit shall require a four-fifths vote of the City Council. The four-fifths vote requirement is inconsistent with how the vast majority of cities approve Interim Use Permits. Typically, Interim Use Permits are approved by a simple majority of the City Council or a three-fifths vote. City staff are proposing to change the approval threshold in the City Code from a four-fifths vote to a three-fifths vote, this would align Interim Use Permit requirements with Conditional Use Permit requirements. Street Setback Definition – The definition of a “street” in the City Code does not include streets dedicated through a roadway easement. City staff are proposing to amend the City Code to clarify that it doesn’t matter how a street is dedicated (right-of-way, easement, etc.), the setbacks are applied in the same manner as if it were dedicated with right-of- way. Soil Boring Depth Requirements – City staff are proposing to amend City Code 11-4-10: Geotechnical Report to align it with the current policy as noted on the Lot Split application form. The current policy is that for lot splits a geotechnical report must be submitted by a licensed geotechnical engineer. The submitted report is required to include: Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 6 any site-specific recommendations, SCS soil types and depths, boring logs with actual (not assumed) elevations, seasonal high-water mark( used to determine minimum allowable low floor elevations), and any other pertinent information. A minimum of one (1) soil boring is required at the building pad location. The minimum depth of the soil boring is twenty (20) feet, or as approved by the City Engineer If unsuitable soils are encountered below minimum depth, continue boring to two (2) feet below suitable soil elevation or to a maximum depth of twenty-five (25) feet. Expansion of Administrative Lot Split Process – Under the current City Code, Lot Split applications can be approved administratively by City staff if all divided lots are at least five acres in size, are at least three hundred feet in width and have frontage on an approved right-of-way. Lot line adjustments can also be approved administratively. Over the last several years numerous lot split applications have come forward to the Planning & Zoning Commission and City Council under the traditional public hearing process, all of which met City Code requirements, and all of which were approved with little to no discussion. The only reason they could not be approved administratively was because they were creating a lot less than 5 acres, but more than or equal to the minimum lot size in their respective zoning district. City staff are proposing to expand the administrative lot split process so that lot splits which meet the minimum City Code requirements could be approved administratively by City staff. This would include lot splits utilizing City Code 12-3-5 – A relative to the 90% rule, where lot splits may be allowed with lot sizes that cannot meet the minimum district requirements provided that certain criteria are met. In situations where the minimum City Code requirements could not be met, a Variance would be required and along with it a full public hearing process would be conducted. New State Law – Sacred Settlements – During the 2023 legislative session, the Legislature passed a bill authorizing religious institutions and faith communities to create “sacred settlements” on religious institution property. Beginning January 1, 2024, cities must allow faith communities to place micro housing units on religious property to house chronically homeless individuals, extremely low-income individuals and volunteers. A copy of the bill from the League of Minnesota Cities was attached for Commission review. If a sacred settlement meets state law requirements, the City must allow it. Under the state law sacred settlements default as conditional uses, regulated by a conditional use permit, unless a City changes their City Code to make sacred settlements a permitted use. Since the City cannot put additional restrictions or conditions on their use beyond state statute the conditional use permit process may not make as much sense as one would think. The City Council provided feedback to City staff to move forward with amending the City Code to make sacred settlements a permitted use. The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation on the City Code Amendments to the City Council. Attached for Commission review were draft resolution of approval, draft summary ordinance for publication, League of Minnesota Cities – Sacred Settlements, and Sacred Settlements State Statute Language. Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 7 Commissioner Shafto asked what would constitute a new application for reapplication after denial. Mr. Griffiths stated if an application is denied, the applicant can’t resubmit the same application immediately. It is to prevent the Commission from reviewing same th request over and over again. Commissioner Shafto asked what the rationale for 4/5 vote was and Mr. Griffiths stated he is not aware of the rationale. It is inconsistent of how other CUPs are done. Commissioner Koehler stated an amendment was discussed for invisible fences and it is not shown here. Mr. Griffiths stated that was before the City Council and Staff was not directed to proceed with that amendment. Chair Godfrey opened the public hearing at 7:35 p.m. No one appeared to address the Commission and no comments were received by Staff. Chair Godfrey closed the public hearing at 7:37 p.m. Commissioner Koehler asked about sacred settlements and what controls does the City have to be aware of any sacred settlements going in. He wants to know it is happening. Mr. Griffiths stated the State Statute requires the governing board to notify the City with their written plan. Motion by Koehler, seconded by Loehlein, to recommend the City Council approve City Code Amendments – Title 12: Zoning Regulations, Title 11: Subdivision Regulations, Title 9: Building Regulations, and Title 13: Planning and Development – City of Andover (Applicant). Motion carried on a 5-ayes, 0-nays vote. This will be reviewed by the City Council on May 7, 2024. OTHER BUSINESS. Mr. Griffiths stated at the last Planning Commission meeting the Commission reviewed the CUP and Preliminary Plat for property across the street and those applications were approved by the City Council. Commissioner Koehler asked about the AT&T Tower and Mr. Griffiths stated the timetable continues to get extended. ADJOURNMENT Motion: Chair Godfrey assumed a motion to adjourn the meeting 7:40 p.m. Motion carried by unanimous consent. Respectfully Submitted, Regular Andover Planning and Zoning Commission Meeting Minutes – April 23, 2024 Page 8 Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.