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HomeMy WebLinkAboutJanuary 24, 2006 o ~~ ~ ~-I<-t--Ob PLANNING AND ZONING COMMISSION MEETING - JANUARY 24,2006 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 24, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:05 p.m.) and Michael King. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others o APPROVAL OF MINUTES. January 10, 2006 Commissioner Kirchoff stated on page 12, it indicated the motion carried on a 3-ayes, 3- nays vote. It should have indicated that the motion failed. Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. PUBLIC HEARING: LOT SPLIT (06-02) TO CREATE TWO COMERCIAL LOTS FROM PROPERTY LOCATED AT 3480 BUNKER LAKE BOULEVARD NW. Mr. Bednarz noted the proposed split would create an additional commercial lot in the Neighborhood Business Zoning District. - Mr. Bednarz reviewed the staff report with the Commission. o Commissioner Kirchoff wondered the variances were favored and the 10t split was okay, when it comes to developing the property, will there have to be additional variances at Regular Andover Planning and Zoning Commission Meeting Minutes -January 24, 2006 Page 2 o that time or will the variances that the developer is asking for today be enough. Mr. Bednarz stated a site plan is still being developed and it is too early to answer the question at this time. Commissioner Walton arrived at 7:05 p.m. Commissioner Greenwald stated if the existing two story brick building was damaged more than fifty percent and they needed to rebuild in the future, would they be able to. Mr. Bednarz stated they would not and that was the reason they were putting in the vanances. The Commission discussed with staff the reasons the variances were needed. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:09 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. No one wished to address the Commission. Motion by Casey, seconded by Greenwald, to close the public hearing at 7:10 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. o Ms. Joy Boehland, 17721 Germanium Street, Ramsey, applicant, reviewed the history of the building with the Commission. She stated that if the variance is not granted, it will leave both parcels of land unusable. Commissioner King wanted to make sure that if something does happen to this building in the future, the owner would be able to rebuild and he did not want to put anymore restrictions on this then there already were. Chairperson Daninger stated there seemed to be an agreement between the property owner and the church regarding parking and should they be concerned about the parking if they grant the variance. Mr. Bednarz stated there was an agreement with the City regarding parking and the ordinance does allow shared or off site parking. Commissioner Greenwood wondered what type of business could potentially go in this neighborhood. Mr. Bednarz stated the neighborhood business district allows a general array of retail along with office and other types of commercial business. A gas station is allowed in neighborhood business with at least two acres ofland and a CUP. o Commissioner Holthus wondered if any businesses have approached the applicant regarding any type of other business that could be on this parcel. Ms. Boehland stated over the past five years, they were approached by two banks for the land and church land to build a large complex but the banks have not come back with a proposal. She indicated she would like to build an office/retail space for herself and did not pIan on selling it. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 3 Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the proposed lot split subject to the conditions of the attached resolution. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the February 7, 2006 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO AMEND CITY CODE 12-13 PERMITTED, CONDITIONAL AND PROillBITED USES ENUMERATED TO CONSIDER NEW AND USED AUTO SALES IN THE INDUSTRIAL ZONING DISTRICT. Mr. Bednarz explained the applicant is requesting that the City Code be amended to permit both new and used vehicle sales in the Industrial Zoning District. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff wondered as a conditional use, could they require the 10t to be paved. Mr. Bednarz stated all parking lots are required to be paved with or without a o CUP. Commissioner Kirchoff wondered if they would be required to have plumbing and electrical. Mr. Bednarz stated they could require a building with modem construction and utilities if available. Motion by Casey, seconded by Holthus, to open the public hearing at 7:27 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Casey, seconded by Kirchoff, to close the public hearing at 7:28 p.m. Motion carried on a 7-ayes, O-nays, Q-absent vote. Mr. Joe Brabant, 16351 Gladiola Street, Andover, stated it is required by law when there is a dealership to have plumbing and paved parking and have the building attached to the ground. o Mr. Brabant stated in looking at the City's zoning requirements, the conditional uses permitted to have a retail trade services and outdoor sales lot and storage are both conditional uses in industrial and general business. He wondered why a car lot is any different. He noted a car lot does not look any different than a Target except for the carts in the 10t. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 4 Mr. Brabant stated a car is the second largest investment a person makes and there is nowhere in Andover where a person could purchase a car. He stated his business would not be a place that would turn into a junk yard. He stated they have spent time and money in the Hughes Industrial Park upgrading their building and area. He stated there are only two areas in the City that would be allowed to have and be impacted by a used car 10t. One is the Hughes Industrial Park and the other is Andover Station. Mr. Brabant stated he is trying to make the corner of CSAH 9 and CSAH 20 look better because he works and lives in that area and at times it can 100k pretty bad but the owners are trying to clean up the area. Commissioner Greenwald wondered how many cars were being talked about for sale. Mr. Brabant stated a car dealership can usually put as many cars as they can and he did not want to have a restriction put on this. He stated the only objection at the City Council meeting that was made was regarding all of the junk yards started out as used car 10ts which was not true. They were junk yards that got used car licenses later to retail some of their piece together vehicles. That was the only objection that was made at that time. Commissioner Greenwald excused himself from the meeting at 8:40 p.m. o Mr. Brabant indicated he would like to have this approved and to have conditions put on this because he did not want someone to come in after him and be allowed a used car dealership that was junky and not maintained and then have his business look bad because he was the one who pushed for this in the first place. Commissioner King wondered if Mr. Brabant was also 100king to have a garage to work on vehicles. Mr. Brabant stated there is presently a repair facility on the site but it is a renter in the building and the used car dealership would be a separate business. Commissioner Holthus stated when she thought of a dealership she thought of a new car dealership and when she thought of a used car dealership she thought of the businesses on Highway 65 in Ham Lake and East Bethel. She wondered what Mr. Brabant was envisioning for this. Mr. Brabant stated his business would be on that level. Ramsey has some marginal car lots but they also have nice ones. He indicated his would be well maintained and he would push to see conditions so that those types of businesses would not happen in Andover. Commissioner Walton stated they need to look beyond what Mr. Brabant's request is and 100k to the future of the City. He stated they need more daytime businesses in order to get other businesses in such as restaurants. o Chairperson Daninger stated he is not comfortable approving this because Andover is a different city. He did not think it would fit in to that area. For fifteen to twenty cars, they would set precedence and he did not feel comfortable approving this. The way the ordinance is written now, he feels comfortable with it. Mr. Brabant wondered what the o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 5 difference was between a car dealership and a nursery and what negative impact would it have on the City. Chairperson Daninger thought trees looked better on display than a car. Commissioner King wondered if a CUP would be granted in this situation, would Mr. Brabant take vehicles in on a consignment basis. Mr. Brabant stated he had no intention of doing this. Commissioner King asked how large the 10t is. Mr. Brabant indicated it was just shy of an acre. Commissioner Walton wondered if there were any problems from other cities when they brought auto sales into their communities. Mr. Bednarz stated auto sales are an interesting thing as it relates to zoning and local communities opinion of them. Some communities go as far as to establish a particular ordinance with performance standards. Some get very specific and some regulate them as a CUP and leave it at that. He thought it has a 10t to do with the operators and whether or not that becomes an issue for a community. o Commissioner Walton stated he would be in favor of changing this to a conditional use permit. Commissioner Holthus indicated she would not. Commissioner Casey stated he would like to change it. Chairperson Daninger indicated he would not. Commissioner Kirchoff stated he would because he thought their general business was rather restrictive right now and he thought they were limiting things. Commissioner King stated he would be in favor of a conditional use with established performance standards. Motion by King, seconded by Casey, to recommend approval of the City Code Amendment to amend City Code 12-13 to allow the use with a Conditional Use Permit and have staff come up with guidelines. Commissioner Kirchoff asked if this did go through and approved, prior to anyone being granted a CUP in this area, all of the conditions they are developing with staff would be created first. Mr. Bednarz stated that could be done. There are two ways they could approach that. They could have a general set of standards that everyone who sells automobiles have to comply with but also with the CUP, they can 100k at the specific operation. Motion carried on a 4-ayes, 2-nays (Daninger, Holthus), I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the February 7, 2006 City Council meeting. o o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 6 PUBLIC HEARING: PRELIMINARY PLAT OF KENSINGTON ESTATES 7TH ADDITION, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. Mr. Cross stated the Planning Commission is asked to review a preliminary plat for Kensington Estates 7th Addition. This proposed 12-unit subdivision sits on 6.4 acres adjacent to the WDE landfill. The site is unique in its shape and also by the fact that there is a 200-foot no-build buffer around the adjacent landfill that significantly reduces the usable amount of land for this development. Mr. Cross discussed the staff report with the Commission. Chairperson Daninger wondered if the applicant was aware of the trail to the south. Mr. Cross stated the Public Works Committee has a chance to review earlier in the day and this is an element presented in the Resolution as it goes forward to the City Council with a description in the staff report at that point. c Commissioner Holthus wondered what the intent was for the area south of the development and north of Red Oaks. Mr. Cross stated this is a City owned wetland and drainage area and he did not know of any plans for development. Commissioner Walton wondered if the area on the far east of the development, Lot 3, Block 1, all the way to the bottom of the plat, is drainage and mitigation. Mr. Cross stated it will be placed in a drainage and utility easement. This will restrict any possible construction or development on the site in the future. Staff discussed with the Commission the easement and the requirements that will be imposed on it to preserve it. Motion by Casey, seconded by Kirchoff, to open the public hearing at 8:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Ms. Bonnie Hyack, 2067 142nd Avenue, stated all of the trees are gone now. She would be concerned if more trees will be going in or will they still see the fence and dump. She thought the trail was a great idea because a lot of people do walk back there. Mr. Winslow Holasek, 1159 Andover Blvd, wondered where the boundaries of the WDE site are. Mr. Cross stated the boundaries are not reflected on the map. Mr. Cross showed some of the WDE site on the map. Mr. Holasek thought in the future, if there are a bunch of blank parcels on the land next to the proposed development on the map, they be identified by what they are. o o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 7 Motion by Walton, seconded by Casey, to close the public hearing at 8:16 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Commissioner Walton asked when the Commission 100ked at the additional trail to the south earlier today, did they have a concept of the WDE or Andover Station North to see where the trail mayor may not go and because it ties into the location that was generally circled where it might come out of the bottom cul-de-sac or would it be better to look at a end to lot three in block one and the rest of it be similar to the corridor that runs along Coon Creek. He wondered if it would be a better developmental use of that land and then allow it an easier connection to the ball fields in Andover Station North. Commissioner Kirchoff wondered what if Andover did not want to receive that property in lieu of the cash they would receive from all of the 10ts in the development. He stated this is going to be a low traffic area and maybe they could utilize the street and receive all the funds for the park dedication which maybe a better way to use the funds. Commissioner Walton did not think that park dedication fee was that significant on that piece ofland and his concern was ifhe was the landowner oflot 3 and all the trees were removed, he would not want to mow the entire lot 3. He wondered if they needed all of the berrning and trenching and he wondered if they could utilize the plat for the City to use. o Chairperson Daninger stated they usually rely on the Parks Commission to review trails in the City and guide the Council. He stated the only concern he has is there is a two hundred foot buffer and it looked like it gets pretty close to the road and he did not know if a trail could go through there and if a bituminous path could go in there. Mr. Bednarz stated there are two parallel concerns being expressed. One is the condition and future maintenance of the extremely large and odd shaped 10t on the east side of the property and the other is the trail and how that relates and plays into this. The City typically does not require trails or sidewalks along the local streets because they are thirty-three feet wide. The trail connection would be from the end of the street. The street would be used as the trail and then meander into the park. Instead of a parallel cost of paving another trail, the road would satisfy that. Mr. Bednarz stated in terms of the long term maintenance and condition of that property, he agreed that was something that needed to be addressed further. He stated the owner at one point discussed deeding or selling the property to the State but he did not know the status of that. Commissioner King wondered how the methane gases would be monitored and who would be responsible for putting those in. Mr. Cross thought the developers and builders would be responsible for installing them and they would be required to follow State guidelines when doing this. o Commissioner King wondered if this should be in the Resolution. Mr. Cross stated it could be added if the Commission wished to add it. Commissioner King thought it o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 8 should be included. Chairperson Daninger thought it was included in Item 3 of the Resolution. Mr. JeffWheeler, 15670 Raven Street, applicant, stated he was at the meeting to answer questions. Chairperson Daninger wondered what the intent of Lot 3 is going to be. Mr. Wheeler stated they were concerned about that lot as well. He thought it would be best to include that in a drainage and utility easement which would limit the homeowner from using that property for certain things such as a shed. As far as what they plan on doing with that area is nothing besides boulevard sod and other items, which they are required to do. As far as tree removal, they will remove the trees that they believe need to be removed in order to put in the drainage pond. The majority of that area is for a holding pond, which is required for the development. They will not be doing any berrning that they are not required to do. He did not think they could get a trail in that area with the ponding they are required to do. o Commissioner Walton wondered what the intended mix of the homes going in to the development and will they look like the existing homes nearby. Mr. Wheeler stated in his opinion, they will be an improvement of the homes next door. He indicated the current neighborhood is a nice area and their intent is not to build lower value homes. The homes proposed to be built will be an upgraded value or at least the same value as the homes that are already there. Commissioner Walton wondered what the approximate 10t cost is. Mr. Wheeler stated it depends on what the Council would like added to it to add additional expense to it. The Commission discussed with the applicant the uses for the lower portion of Lot 3. Mr. Bednarz wondered if the area could be deeded back to the State. Mr. Wheeler stated at this point everything has been on hold. He stated there was mention earlier on that the State may be interested in acquiring the land but nothing has come of it. Commissioner King stated they discussed the trail earlier and at the southern end of that area the trail would be going across wetland. He wondered if there was some discussion between staff and the developer how the trail would go. Chairperson Daninger stated this was a decision made this afternoon as a recommendation by the Public Works Commission and he did not think that made it to the applicant yet. o Chairperson Daninger wondered if it was deeded to the State, what the positive is and negative. Mr. Bednarz stated there would be some minimal maintenance as a part of this. Chairperson Daninger wondered if there has been any alternative discussion regarding this. Mr. Cross stated they have discussed alternative ideas for other developments and one solution was to plant native or low maintenance plantings to place a control on the amount of maintenance that would be required in the future. o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 9 Mr. Wheeler stated as they look at the area, the grade drops dramatically off to the east and there are trees there so he was not sure how much they would want to clear to maintain that area and a lot will be left undisturbed. The Commission discussed further the east part of Lot 3 with the staff and what needed to be done to maintain it. Motion by Walton. seconded by Kirchoff, to recommend approval of the Preliminary Plat of Kensington Estates 7th Addition subject to the conditions of the attached resolution with the recommendation that staff review 10t three and its long term impact to the development and community. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the February 7, 2006 City Council meeting. PUBLIC HEARING: LOT SPLIT (06-01) TO CREATE TWO COMMERCIAL LOTS FROM LOT 5, BLOCK 3, ANDOVER STATION NORTH LOCATED NORTHWEST OF THE INTERSECTION OF HANSON AND BUNKER LAKE BOULEVARDS. o Mr. Vrchota explained the Andover Economic Development Authority (EDA), which owns the 10t, is requesting the lot split. The 10t split would allow the EDA to move forward with a land sale to Louis Rudnicki for a proposed retail strip center on parcel A. The strip center would feature zero lot-line construction. with Mr. Rudnicki building and owning the portion on parcel A and another party building and owning the portion on parcel B. Mr. Vrchota discussed the staffreport with the Commission. Commissioner Kirchoff wondered if access onto Bunker would be from the Regions Bank location. Mr. Vrchota showed on the map where access would come from. Chairperson Daninger stated the entire map is what they were going to be splitting but he wondered if the entire building would be built for one potential tenant. Mr. Vrchota stated they have a developer looking to build a portion of the building with tenants and the other part of the lot would be sold for another person to build another building on it. Motion by Walton. seconded by Casey, to open the public hearing at 8:53 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. o Mr. Winslow Holasek stated he did not know that the County was allowing right-in access from Bunker Lake Boulevard. Mr. Vrchota indicated they received permission o Regular Andover Planning and Zoning Commission Meeting Minutes - January 24, 2006 Page 10 from the County to have a right-in only. Mr. Holasek thought this was a double standard that the County was allowing this in one area but not another area. Mr. Holasek wondered if there was an agreement for someone to buy the southern lot because if there was not he thought this would be limiting the 10t in the future to a certain use in order to match the building that will be built there and to fit on the lot. Motion by Casey, seconded by Kirchoff, to close the public hearing at 8:58 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Commissioner Walton wondered if there was any discussion given to selling the back half of the lot first rather than the front part of the lot. Mr. Vrchota indicated the person purchasing this property is interested iJ? the back portion of the lot. Chairperson Daninger stated the Commission will want to watch what gets hooked onto the front part of the lot when that proposal comes forward. Motion by Kirchoff, seconded by Walton, to recommend approval of the proposed 10t split. 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 February 7, 2006 Q City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Vrchota reviewed the Planning Commission's 2005 Annual Report. ADJOURNMENT. Motion by Casey, seconded by Holthus, to adjourn the meeting at 9:05 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