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HomeMy WebLinkAboutJuly 25, 2006 o CITY OF NDOVE PLANNING AND ZONING COMMISSION MEETING - JULY 25,2006 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on July 25, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus, Devon Walton and Michael King. Commissioners absent: Chairperson Dean Daninger. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others o APPROVAL OF MINUTES. June 13,2006 Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. July 11,2006 Motion by Greenwald, seconded by Walton, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Holthus), I-absent (Daninger) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (06-04) TO ADD ADDITIONAL EQUIPMENT IN THE WATER TOWER AT 1717 CROSSTOWN BOULEVARD NW FOR NEXTEVSPRINT. o Mr. Cross stated the Planning Commission is asked to review N extel/Sprint' s request for the placement of additional wireless communication equipment in the water tower by City HalL N extel bas had equipment on the water tower since 1996, Since there have been two changes in equipment and one formal lease amendment in 1997 which placed nine antennas on the tower instead of the original three. Nextel has now applied to o . Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 2 increase both their amount of storage space in the base of the water tower, as well as the number of antennas on the railing on tope of the water tower. It was noted the applicant was at the meeting to answer questions. Motion by Casey, seconded by Greenwald, to open the public hearing at 7:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. No one wished to address the Commission. Motion by Walton, seconded by Greenwald, to close the public hearing at 7:06 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Motion by Greenwald, seconded by King, to recommend to the City Council approval of this Conditional Use Permit Amendment request. Motion carried on a 6-ayes, O-nays, 1- absent (Daninger) vote. Mr. Cross stated that this item would be before the Council at the August 2,2006 City Council meeting. o PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY ATTACHED URBAN RESIDENTIAL DEVELOPMENT CONTAINING TWO TWINHOMES LOCATED AT 1680 ANDOVER BOULEVARD NW. Mr. Vrchota explained the Planning Commission is asked to review a sketch plan containing two twin-home buildings on approximately .624 acres. The property is located on the west side of the intersection of Hummingbird Street and Andover Boulevard, at the north end of Nature's Run. The developer is trying to get feedback on whether or not twin-homes will be permitted on the site before moving forward with the cost and effort of preparing a more detailed plat submittal. Mr. Vrchota discussed the staff report with the Commission. Commissioner Holthus asked if it was the previous developers' idea to put in the four stubs or was it the city that asked the developer to put the stubs in. Mr. Vrchota said it was the city's in order to make the property developable. o Commissioner King asked how close the driveways will be from Andover Boulevard. Mr. Vrchota indicated all driveway accesses will be from Hummingbird Street, not Andover Boulevard. City Code requires a sixty-foot setback for any driveway before an intersection and being that the lots is 63 feet wide, that requirement would not be able to be met on the lot. Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 o Page 3 Acting Chairperson Kirchoff asked if the applicant will be asking for a variance. Mr. Vrchota stated they would and would be wrapped up in the PUD. Commissioner King asked if this would be for both of the homes. Mr. Vrchota stated there would be two driveways, one on each lot. If they were to have a shared driveway, it would be the one closest to Andover Boulevard and the rest of the driveways will meet the sixty-foot setback. Commissioner Holthus asked if there was any information on the dispute between the property owners and the property line. Mr. Vrchota stated the letter is the only information they received about that and that property line disputes are generally considered to be private property issues between property owners. Commissioner King asked on the property, if the variances were allowed, what amount of foliage would need to be removed. Mr. Vrchota stated the drawing did not show any of the current foliage so he would not be able to answer that. Commissioner Greenwald wondered how long Nature's Run has been there. Mr. Vrchota thought it has been there since 1998 or 1999. Commissioner Greenwald asked if this was a PUD. Mr. Vrchota indicated it was. o Commissioner Walton asked if there are any restrictions at all about how many dwellings per acre are standard for the City. Mr. Vrchota stated this averages out to be a little under 6.5 units per acre. Commissioner Walton asked if there were any variant setbacks between the lot lines between the two units. Mr. V rchota stated for the M -1 District the setbacks were laid out in the packets and the normal side yard setback is twenty feet. Commissioner Greenwald asked if there was any precedence of anything like this in Andover before. Mr. Bednarz thought the only kind of example was Shadowbrook and that was one plat done in phases. Acting Chairperson Kirchoff asked if this development will look at making an association to be joined with the association of Nature's Run. Mr. Vrchota stated he was not sure and thought the applicant could answer that question. Commissioner Greenwald asked if this was consistent with the values of existing structures in the area. Mr. Vrchota stated they would be consistent. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:16 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote, o Mr. Wayne Larson, Nature's Run, asked if this was being developed by the developer of Nature's Runor a different developer. Mr. Vrchota stated it was a new developer. o Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 4 Motion by Walton, seconded by Casey, to close the public hearing at 7:18 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Ms. Sue Juno, Berkshire Homes, Coon Rapids, MN, stated she was at the meeting to answer questions. Ms. Juno stated they were not aware of any property dispute and neither was the seller until the letter from a neighbor was sent to the City. Commissioner Greenwald asked if they did not allow this development, what could be done with the property. Ms. Juno stated there is currently a single-family home on the property and it would be torn down. Mr. Vrchota stated in order to split this into two R-4 lots some variances would be needed. Acting Chairperson Kirchoff asked for information regarding a possible association. Ms. Juno stated they would plan on having an association to protect the integrity of the neighborhood and builder. It would be ideal to partner with the same management company as Nature's Run. o Acting Chairperson Kirchoff stated he would have a concern about having an association for four homes. Mr. Bednarz stated he did not believe they had any experience with small associations like this would be. He stated if this were to happen, he thought it would be limited to grounds keeping or snowplowing but no exterior maintenance would probably occur through the association. Ms. Juno stated she has some experience with small associations and through the association, each unit is paying for their portion of the maintenance fees and if managed properly, it should not be a problem. Commissioner Holthus stated when she thought of a PUD, she thought of buildings in a certain area and green space and it seems like such a small space to be able to have the green space or open space or a lot oflandscaping and she had a concern with that. Ms. Juno stated they wanted to keep with the mainstream of the area It lends itself more to a split level rather than a walk out rambler or look out rambler, which is what Nature's Run consists of. She stated that she does not have any intentions of interrupting what is going on there and they will enhance the landscaping there. Commissioner King asked at present time the southeast corner of the property is very low and how much fill is going to be brought in and what will happen to the trees in that area Ms. Juno stated from what the eyeball has been with the survey; hopefully they will not need to disturb any of that. She stated this is somewhat of a drainage area apparently. o Mr. Vrchota indicated after reviewing the plans again, you could get two fully complying R-410ts out of this without a variance. o Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 5 Commissioner Greenwald stated he did not really like this plan. He thought there was enough there with Nature's Run and they have to look at what is to the west of this property and he would rather see this split into two parcels. Commissioner Walton wondered how they would split the lot in half. Mr. Vrchota explained how they would split the lot if they did not do a PUD. Commissioner Walton stated if they did not do a PUD on this property the choice would be to leave it as it is and put one house back on the .62 acre lot or develop either twin homes that are turned sideways that might look more like they would fit in the neighborhood, The Commission discussed some of the options that could be done with the property. Commissioner Walton stated if the screening is strong enough between the single family homes and the proposed twin homes, he did not think it was that big of a transition, He thought it was a big enough lot to support something of this nature. o Commissioner Holthus stated that looking at the report, half of the M-l standards have not been met but then a lot of the standards are not met in Nature's Run either and it would be a consistent development there. She thought it seemed like it required so much. It needs a Comprehensive Plan amendment, rezoning, PUD and then the 18.5 foot variance. She wondered if it could be redesigned to fit the M-1 standards better or did it not matter because Nature's Run does not fit the standard either. She thought it would be a consistent development for HlImmingbird Street. Commissioner Casey stated he agreed with Commission Holthus. Commissioner Greenwald thought they should leave it. Commissioner King thought what they have been looking at blends better with Nature's Run than two single family homes. He thought the screening behind the property is very dense. As long as the screening remains he did not think the property would be hindered by.visual affect but by doing the two twins, he thought it would blend better with Nature's Run. He would like to see some kind of an association. Acting Chairperson Kirchoff stated screening is key and it lends itself towards the Nature's Run development, especially if they maintain the screening. He supported the idea of having this as a small development. He did not like the idea of a small association. Commissioner Greenwald stated one benefit would be the elimination of the driveway onto Andover Boulevard. o Mr. Vrchota stated that this item would be before the Council at the August 2, 2006 City Council meeting. o Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 6 PUBLIC HEARING: CONDITIONAL USE PERMIT (06-05) FOR AUTOMOBILE SALES LOCATED AT 16191 ROUND LAKE BOULEVARD. Mr. Bednarz stated this is the first application under the recently established ordinance for vehicle sales. A conditional use permit and automobile sales business license are needed for this activity to occur. Mr. Bednarz discussed the staff report with the Commission. Acting Chairperson Kirchoff stated he recognized the size of a parking space for employees and customers but when it comes to parking cars he has noticed they are smaller and he wondered if they have requirements for this. Mr. Bednarz stated when they established the ordinance for auto sales; they left the parking stall dimensions as they are required across the City at ten feet wide and eighteen feet deep. Commissioner Walton asked why they have not seen staff's alternative version to the plan that might work. Mr. Bednarz stated this is not their proposal, it is the applicant's proposal and they would like the applicant to have the chance to show his proposal. o Commissioner Walton asked if staff has an alternative version that does help the applicant meet the requirements of the City as established. Mr. Bednarz indicated they did. Commissioner Greenwald asked on Ordinance 324, number one, if this was a typical statement on businesses or just this one. Mr. Bednarz stated that will apply to any Conditional Use Permit. Commissioner Greenwald asked if this was in the TIF District. Mr. Bednarz stated it was. Commissioner Greenwald wondered if there have been any other proposals for any other businesses or use of the property other than this one because to him it makes substantial improvement of the area Mr. Bednarz stated the property is presently under use as Andover Auto Care. Motion by Casey, seconded by Holthus, to open the public hearing at 7:51 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Motion by Casey, seconded by Walton, to close the public hearing at 7:54 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. o Mr. Joe Brabant, 16191 Round Lake Boulevard NW, stated one concern staff had was the six foot parking setback. He stated two reasons he was looking for this was because the setback variance was permitted already on the property east of them which was Andover Award and the second reason is the two setback areas. If they looked at what was o Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 7 adjacent to the areas, are driveways. It has no adverse effect on anything; it will just butt up to two driveways. Acting Chairperson Kirchoff stated in order to grant a variance they have to come up with a hardship and he did not see anything that would be a hardship. Mr. Brabant thought because this was granted for a neighboring business, they would grant it for him. Acting Chairperson Kirchoff stated that was not a reason for a variance. Mr. Brabant stated they also have an issue with the ten foot wide parking stalls. He stated he measured the parking stalls at Chanticlear Pizza across the street from City Hall is at nine feet and the Water Treatment Plant has nine foot wide parking stalls. He felt if it could be done elsewhere, it could be done on his property, He stated he did not know how another plan would work because they are down to thirty-four parking stalls with all the improvements that are required. If it gets any less, he did not think there would be a reason to do business there. o Mr. Brabant stated this area is a TIP District and the City Council made it very apparent that they are looking for investments to make the whole industrial complex look better. He stated if they are going to put such strict requirements on people to do things, it will never get improved. He was looking to put in a parking lot. He stated the engineering requirements for the holding ponds have gotten out of hand to the point where it is looking like they may not be able to do this. Acting Chairperson Kirchoff stated it was the owner's responsibility to capture water run off. Mr. Brabant stated as far the screening and shrubs and trees that are being required; right now he is surrounded on three sides by nothing but sand burrs. He stated the require him to put in 71 shrubs and 16 trees to beautify a neighborhood that already looks terrible does not seem right. He stated he did not have a problem putting it in if the area was more developed and he did not feel this was reasonable, Mr. Brabant stated there has been countless numbers of businesses that have moved into and out of the Industrial complex and expanded their parking lots and nothing has been done to stop them. They have done it without permits or permission. He noted there has already been a variance done on another property by his. He was asking for a permit to do business and was not asking for anything unsightly. He did not know how the variances would affect anyone or anything. o Acting Chairperson Kirchoff stated he went out and looked at the site and in one way he was impressed and the other way he saw this place needed some improvement. Everyone has spent a lot of time crafting an ordinance with Mr. Brabant's help and as part of this the idea is to develop the area. As they develop the ordinance for the used car sales CUP, which also includes auto repair, they came up with an ordinance that fit what he was looking for. All the way through the ordinance it did address some site improvements. He referred to some letters in the staff report from Mr. Brabant. He stated he expected things to improve and one of the ideas of the CUP is to improve the property, He did not o Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 Page 8 like that he was not going to improve the property after all the work of crafting the ordinance. He thought he would want to start the process to improve the area. Acting Chairperson Kirchoff asked if there would only be fourteen parking spaces for cars for sale. Mr. Bednarz stated if there are 1hirty-two spaces now and twenty are needed for other uses, that leaves twelve. Mr. Brabant stated the engineer figured thirty- four spaces. Mr. Bednarz stated they counted the spots that are striped. Acting Chairperson Kirchoff stated there were requirements on the existing property for the auto repair that is there. Mr. Brabant stated he knew there would be parking requirements. The existing business is half owner of the building and they area aware of what each other needs. He stated what really set them back was the size of the holding ponds. They have lost around six or eight parking stalls because of the holding ponds. Commissioner Holthus stated she was out at the site today and she stated Mr. Brabant has a license to sell cars in another city but not Andover and she saw a sign in the window that says "Twin Rivers Auto Sales". Mr. Brabant indicated he put that in the window to get it out of the way of cleaning the floors. o Commissioner Holthus stated she drove through the lot and counted thirty-two cars. Mr. Brabant indicated some of the cars are the auto shops and he has some there scheduled for safety checks and to have work done on them. Commissioner Holthus thought it looked like there were already auto sales at that location. Mr. Brabant stated there were not any cars for sale there. Commissioner Greenwald stated when they first looked at the TlF for this location; they were looking at the future and hopefully improving the area and growth. He stated on the surface it looks like they are making an improvement but who says they are going to have the same business there in five to ten years from now and if they approve the variances, they will be setting a precedent for future improvements and development. He thought every time they approve something like this, they are getting a little more away from what they are trying to do for that area He thought they should try to meet every single requirement they can for this land, not just for now but for the future. Commissioner Holthus agreed with Commissioner Greenwald. Commissioner King stated during one of their meetings landscaping was discussed and he was under the impression there was going to be a lot of improvements done to make it look better. He stated he was surprised to read the two letters indicating that no landscaping would be provided, He thought they needed to stick with what was discussed in the past. o Mr. Brabant stated he did not have a problem with doing the landscaping. He was looking to get his business in there. He stated he was trying to make it look better by tearing out fences and scrub trees. Regular Andover Planning and Zoning Commission Meeting Minutes - July 25, 2006 o Page 9 Commissioner Greenwald stated he would not make a motion to pass this resolution as written. He stated Mr. Brabant has put a lot oftime and effort in it but they have put in a lot of time regarding landscaping and improving the area. Commissioner Walton stated he would like to see something that more conforms to the ordinance they developed. He would also like to see some kind of cost figures from the applicant indicating they were putting too much of a hardship at the start up or can they phase certain items in over a few years. Commissioner Greenwald concurred and the fact is the justification for variances isn't based upon the effort they put forth. There needs to be legitimate justification in addition to the fact that is needed for the business to run. Consensus of the Commission was to make a motion to table this item to have staff work with the applicant on alternative plans. Motion by Greenwald, seconded by King, to table this item and have staff work with the applicant on alternatives. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. OTHER BUSINESS. o Mr. Bednarz updated the Pl~nnine Commission on related items. ADJOURNMENT. . Motion by Greenwald, seconded by Walton, to adjourn the meeting at 8:30 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. o