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HomeMy WebLinkAboutAugust 22, 2006 o CITY OF NDOVE ~L:L~C Q4/ Lu"Ll ftc..vl . Cj - I L - 0<;.0 PLANNING AND ZONING COMMISSION MEETING -AUGUST 22,2006 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 22, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton and Michael King. Commissioners absent: Commissioner Rex Greenwald. Also present: City Planner, Courtney Bednarz Associate Planner, Chris Vrchota Others o APPROVAL OF MINUTES. July 25, 2006 Commissioner King stated in the minutes regarding the auto sales item, he brought up the width of the parking stalls and it was not reflected in the minutes. Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Daninger), I-absent (Greenwald) vote. PUBLIC HEARING: LOT SPLIT (06-04) TO CREATE TWO RURAL RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 1947161sT AVENUENW Mr. Vrchota stated the applicant is proposed to split the existing 37.866-acre parcel into two lots. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o No one wished to address the Commission. o Regular Andover Planning and Zoning Commission Meeting Minutes-August 22,2006 Page 2 Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Casey, seconded by Holthus, to recommend to the City Council approval of the proposed lot split Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Vrchota stated that this item would be before the Council at the September 5,2006 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (06-05) FOR AUTOMOBILE SALES LOCATED AT 16191 ROUND LAKE BOULEVARD Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked where the shrubs along County Road 9 would be located. Mr. Bednarz stated they will be looking for three feet of planting screening at maturity along the parking area side that faces Round Lake Boulevard. Commissioner Kirchoff three feet sounded reasonable. o Commissioner King asked if this is the requirement for all new facilities being established. Mr. Bednarz stated it was. Chairperson Daninger asked because it is a conditional use permit on auto sales do they have to meet what is being reviewed as part of the permit being granted. Mr. Bednarz stated they are required to meet the ordinance established for auto sales, and, as any other use, required to meet the other specific requirements of the City Code. Chairperson Daninger asked if the only concern tonight is the landscaping. He wondered when the applicant can begin selling. Mr. Bednarz stated they are willing to work with the applicant on staging the improvements to get them in but the applicant needs to get approval of the business license by the Council to authorize that use of the site. They will be working through the commercial site plan process to make sure the little details are taken care of. Motion by Casey, seconded by Walton, to open the public hearing at 7:16 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. No one wished to address the Commission. Motion by Walton, seconded by King, to close the public hearing at 7:16 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Mr. Joe Brabant, 16351 Gladiola Street, Andover, was at the meeting to answer questions. o Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 3 Commissioner Kirchoff asked ifthere is irrigation proposed. Mr. Brabant stated there would be. Commissioner Kirchoff asked why he has proposed one gallon trees. Mr. Brabant stated the reason for the one gallon trees is they are cheaper and because there is a small area left along the perimeter, the south and east sides are only ten feet wide. Pine tree at maturity will be probably twenty feet. He stated he went with the pine trees along the perimeter because they will fill in. Mr. Brabant stated he proposed ten or fifteen small ash trees along the north side of the building. Commissioner Kirchoff asked what caliper tree was Mr. Brabant planning on buying. Mr. Brabant indicated he was proposing smaller caliper trees in the early season so they can get growing better with a little less cost. Chairperson Daninger asked what was Mr. Brabants' intentions of when to start selling based on the Conditional Use Permit and license needing to be granted. Mr. Brabant stated as soon as would be permitted. o Mr. Brabant stated part of the reason he has shied away from screening is because of the nature of the business. It is a visibility business. He wanted to leave the front of the property open and a little way down Round Lake Boulevard going east. There would be pine trees planted all the way up to that point. Commissioner Walton asked out of the design they have in front of them, which improvement would be the most important to have done in phase 1. Mr. Brabant stated the holding pond would be because that is part of the construction of the lot but realistically it would have to be all the way through the blacktop and concrete to do anything, It will have to wait until curb and blacktop is done. Commissioner Kirchoff asked if three feet at maturity was too high for the screening in the front. Mr. Brabant indicated three was taller than the front of the car. Commissioner Kirchoff thought this would be a nice dressing for the site, Commissioner Kirchoff asked how they carne up with more parking spaces. Mr. Brabant indicated his planner carne up with more parking stalls but they all reviewed how they could add more stalls including City staff. o Commissioner Kirchoff indicated he was pleased with some of the improvements but he was not happy with how Mr. Brabant was coming along with the vegetation. He thought the landscaping improvements would be a real value to the property. He thought they may be able to work with Mr. Brabant but it would be nice to see some way where they o Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 4 could come closer to meeting the requirements. Mr. Brabant indicated a lot of the issue was monetary. Commissioner Walton asked if there was any screening at all planned along the south part of the parking lot and the neighboring property. Mr. Bednarz stated there is not screening required there because it is another industrial property. Commissioner Walton stated he was not sure if the screening requirement should include the south side of the property. If they do not provide him visibility directly from the road in front of his product it will be difficult to sell but they could require screening between the two properties. Commissioner Kirchoff stated he understood the reason they wanted to leave the south westerly portion open or low. They are not hiding the product from the road. Mr. Brabant stated the southwest portion will be hard to screen because that will be the area where they will have the drainage from the property go. Commissioner King stated he earlier asked about the two foot retaining wall around the drainage ditch. He wondered if this will be surrounding the entire area of the southwest area of the lot. Mr. Brabant stated it would surround the drainage pond. o Chairperson Daninger asked if the screening was for the people who drive by everyday or for the business. Commissioner Walton stated if they cannot see the product, they will hinder the business. He thought a used car business is a visibility business. Commissioner Kirchoff stated there is something in between. It is not strictly a screening process it is an amenity to dress up the property. Commissioner Walton thought that would be fine to dress the property up but he also did not want to screen the business from the road. Commissioner Holthus thought this was written in two ways, there is a landscaping requirement and a screening requirement. The screening would be where the taller trees will be on the northwest comer and then the landscaping requirement, which would dress up the property, would be the low bushes along the roadside. She was ok with the drive lane footage variance but she thought they should stick with complying with City Code regarding the landscaping and screening. She thought these were two different things. o Commissioner Holthus asked if there was a deadline for landscaping and screening requirements to be completed from when the business is offered the license. Mr. Bednarz stated they will require the applicant to post a bond if the applicant does not install them at the time the parking lot is finished to guarantee they will be done and he will be given a reasonable amount of time and if it does not occur in a reasonable amount of time the City would have the right to use the money that was posted to complete the landscaping. Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 o Page 5 Chairperson Daninger asked the Commission how they felt about the drive lane variance. The Commission thought the variance was acceptable. Commissioner Walton asked if they discussed screening requirements when they discussed used auto sales or was it adopted and written prior to any discussion about bringing vehicle sales into Andover. Mr. Bednarz stated screening requirements were discussed as a part of the general zoning ordinance update and are tailored to allow visibility of sites, The real purpose of the three foot requirement is to screen a view of the whole surface sheet of the parking area and not to block visibility of a business. Mr. Bednarz stated berming and landscaping can commonly be found at car lots around the metro area. Commissioner Walton thought that was an important point as far as timing. When they first started discussing used car sales, it was a rocky point. The three foot screening is intended to screen the parking lot but when the product is on the parking lot, it is also screening the product. The ordinance may have predated discussion of used car sales so there may be some conflict. Commissioner Casey thought it was important to the business to be able to see the cars. He thought by screening the business it could break the business. o Commissioner King recalled they discussed a lot of issues when they discussed used auto sales but they never discussed screening. He noted other cities with used car sales or auto dealerships do not have any screening. Chairperson Daninger stated this is a small dealership and is not on a major highway so he did not tlrink they could compare it to other dealerships in other cities. He stated he preferred to keep screening in there because cost cannot be a reason for granting a variance and he heard that reason more than once in discussion. Commissioner Kirchoff stated he could accept the 22.26 feet but he did not like the landscaping plan. Commissioner Casey indicated he too was ok with the 22.26 feet and he agreed with Commissioner King on the screening,. He felt being able to see the product was the most important thing for making a business successful. Commissioner King stated there are forty shrubs required and the trees are going on the south and east end and the shrubs are to go in the front. Mr. Bednarz stated it appeared that the south, north and east sides would have trees. On the west side of the building there will be eight shrubs and in front of the building will be mulch and ten shrubs. Mr. Brabant indicated this was incorrect. Commissioner King indicated Mr. Bednarz was reading the information from Mr. Brabant's letter. o Commissioner Walton indicated he was comfortable with the 22.26 drive lane but was not comfortable with the three foot shrubs on the front of the property. He was ok with Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 o Page 6 the low lying shrubs along the west side but not the higher shrubs in the front of the parking area. Chairperson Daninger stated some of the concerns from the applicant's perspective regarding landscaping was this business needs to be more visible. However, the issue of cost was mentioned several times. wee Commissioners agreed and the other three Commission members see it as needing more screening. He stated he was not comfortable granting the variance based on cost. Commissioner Kirchoff stated the plans are not real clear. He thought there should have been a landscaping plan. Chairperson Daninger suggested the applicant have a landscaping plan done for the CounciL Commissioner Walton thought because they do not have a landscaping plan they can look at he wondered if they should table this again for further discussion after seeing a landscaping plan. Commissioner Kirchoff indicated he did not want to table this. Commissioner King stated their discussion would be reflected in the minutes. o Motion by Walton, seconded by King, to recommend approval of the attached resolution with the approval of the 22.26 variance and a recommendation of a landscaping plan going onto the City Council for final approval. Motion failed on a 3-ayes, 3-nays (Daninger, Kirchoff, Holthus), I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the September 5, 2006 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT TO ESTABLISH CLOSED LANDFILL RESTRICTED ZONING DISTRICT Mr. Bednarz stated this item follows the direction of the Planning Commission and Council to implement the recommendations of the Minnesota Pollution Control Agency (MPCA) to establish a specific zoning district for the closed landfill site. Mr. Bednarz discussed the staff report with the Commission. Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. No one wished to address the Commission. o Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 o Page 7 Motion by Walton, seconded by Casey, to recommend approval of the attached ordinance with the following modifications: 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 September 19, 2006 City Council meeting. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (06-01) TO CHANGE THE LAND USE DESIGNATION OF THE CLOSED LANDFILL SITE TO OPEN SPACE Mr. Bednarz explained the Commission is asked to review the proposed comprehensive plan amendment for the closed landfill site. Mr. Bednarz discussed the staff report with the Commission. o Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. No one wished to address the Commission. Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, Motion by Walton, seconded by Casey, to recommend approval of the comprehensive plan amendment to allow the entirety of the closed landfill to be designated as Open Space on the Land Use Map. 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 September 19, 2006 City Council meeting. PUBLIC HEARING: REZONING (06-05) TO CHANGE THE ZONING OF THE CLOSED LANDFILL SITE TO CLOSED LANDFILL RESTRICTED. City Planner Bednarz stated the Planning Commission is asked to review the proposed rezoning for the closed landfill site. o Mr. Bednarz reviewed the information with the Commission. o Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 8 Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. No one wished to address the Commission. Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Walton, seconded by Casey, to recommend approval of the rezoning to CLR, Closed Landfill Restricted because the original zoning was in error. 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 September 19, 2006 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT TO AMEND CITY CODE 9-1-6 CONSTRUCTION NEAR WDE SITE. o City Planner Bednarz explained this ordinance amendment would correct an error in the City Code. The City Code presently refers to Line F for both the 200 and 500 foot setbacks from the landfilL The 200 foot setback needs to be changed to refer to Line E. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Kirchoff stated on item 8, the map is supposed to show the two hundred foot shows the WDE site and then the two hundred foot perimeter but when it gets to Crosstown it shoots out and does not look like it is part of the WDE. He wondered if it is technically part of the WDE. Mr. Bednarz stated the two hundred foot setback is intended to be at the tow of the landfilL He showed on the map where the area was located. Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. No one wished to address the Commission. Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Motion by Kirchoff, seconded by Casey, to recommend approval of the proposed ordinance amendment. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Mr. Bednarz stated that this item would be before the Council at the September 19,2006 City Council meeting. c Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 9 OTHER BUSINESS. A. Reschedule September 12, 2006 Planning Commission Meeting City Planner Bednarz explained the State Primary Election will conflict with the regularly schedule meeting on September 12, 2006. The Commission is asked to reschedule their meeting. The Commission discussed and decided to reschedule the September 12, 2006 Planning Commission meeting time to 8:01 p.m. or as an alternative Wednesday, September 13, 2006 at 7:00 p.m. if the agenda is lengthy. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. o Motion by Kirchoff, seconded by Casey, to adjourn the meeting at 8:15 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. o