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HomeMy WebLinkAboutJune 13, 2000 o o ~ Q/) lO1..t.t1:Ul 0~;;l.I-oD o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE 13,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chair Mark Hedin on June 13,2000,7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Acting Chair Mark Hedin, Maynard Apel, Dean Daninger, Tim Kirchoff, and Douglas Falk. Commissioners absent: Also present: Larry Dalien, and Chairperson Jay Squires City Planner, John Hinzman Community Development Director, Dave Carlberg Zoning Administrator, Jeff Johnson Planning Intern, Dan Taylor Others o APPROVAL OF MINUTES. May 23, 2000 Motion by Kirchoff, seconded by Falk, the Minutes be approved as submitted. Motion carried on a 5-ayes, O-nay, 2-absent vote. PRESENTATION: ANDOVER STATION II, REPLAT -16 COMMERCIAL LOTS- SW CORNER OF BUNKER LAKE BLVD. AND JAY STREET -PRESENTATION BY 116, LLC. Community Development Director Dave Carlberg gave a brief introduction of the Andover Station II, Replat located on the SW comer of Bunker Lake Blvd. and Jay Street. He then introduced the developer, Mike Quigley, representing 116 LLC, to present the Replat of the Andover Station II development. Mr. Quigley presented the preliminary plat of Andover Station II, He explained that they are proposing the PUD to have 14 lots and one common area lot to be controlled by an association on 21.9+/- acres. He briefly explained the different pUrposes the lots will serve, in addition to the impact the development will make on the community. o Commissioner Kirchoff questioned what business will be located within the PUD. Mr. Quigley stated that they have had several inquiries, however they are unsure at this time ,--) 'J () () o U Regular Andover Plannmg and Zoning Commission Meeting Minutes - June 13, 2000 Page 2 exactly what businesses will exist. He did mention that a majority of the spaces will consist of office space, in addition to two restaurants that will begin construction this fall. Mr. Hinzman explained that the original plan stated a banquet facility, however now it is to be a conference center. Commissioner Falk questioned if each building will have its own association. Mr. Quigley explained that there would be one association. Commissioner Falk questioned if they are allowing enough space for parking. Mr. Hinzman stated the plan meets minimum parking requirements. Commissioner Daninger questioned what restaurants will be located in the PUD. Mr. Quigley stated that they are unsure at this time. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 00-04) - PLANNED UNIT DEVELOPMENT - OFFICE WAREHOUSE, CONVENTION CENTER, RESTAURANT USES -ANDOVER STATION II -116, LLC. Community Development Director Dave Carlberg gave a brief presentation for the Special Use Permit requested within the Andover Station II development located at the comer of Bunker Lake Blvd. and Jay Street. He stated that the PUD is consisting of 14 lots and one common area lot to be controlled by an association on 21.9 +/- acres. The Special Use Permit application is being submitted in conjunction with the preliminary plat. He explained that the preliminary plat is a Replat of Lots 1-3, Block 1, Andover Station and will be known as Andover Station II. Mr. Carlberg stated that all applicable ordinances will be required to be met. Commissioner Falk questioned if there will be courtyard within the PUD. Mr. Carlberg stated that there will be a courtyard on the west side of the convention center. He also stated that there is a landscape plan to include not only the courtyard but also the whole PUD. Commissioner Falk questioned if the facility will be able to handle the traffic in and out of the area efficiently. Mr. Carlberg stated that the traffic flow should be very good in and out of the site since there have been a number of improvements to the roads surrounding the area. Commissioner Falk questioned ifthere will be a right hand turning lane at the Martin Street intersection with Bunker Lake Blvd. Mr. Carlberg stated that they do plan to accommodate the traffic with a turning lane. Regular Andover Plan~iJ and Zoning Commission Meeting U Minutes - June 13, 2000 Page 3 / " , '- J' Motion by Daninger, seconded by Kirchoff, to open the public hearing at 7:13 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. There was no public input. Motion by Kirchoff, seconded by Daninger, to close the public hearing at 7:14 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. Mr. Carlberg stated that there is a prepared resolution in the staff report if the commission is in agreement with staffs recommendation. Motion by Ape1, seconded by Daninger, to forward to the City Council a recommendation to approve Resolution No. ~-OO granting the special use permit request of 116, LLC for a planned unit development to develop a commercial development consisting of 14 lots and one common area lot to be known as the subdivision of "Andover Station II" on the property located on Section 34, Township 32, Range 24, Anoka County, Minnesota. Motion carried on as-ayes, O-nay, 2-absent vote. Acting Chair Hedin stated that this item would be considered at the July S, 2000 City Council meeting. "-,, \_) PUBLIC HEARING: PRELIMINARY PLAT -ANDOVER STATION II, REPLAT- 16 COMMERCIAL LOTS - SW CORNER OF BUNKER LAKE BLVD. AND JAY STREET -116, LLC Mr. Carlberg presented to the commission the preliminary plat of the Andover Station II. He explained that the commission is being asked to review, comment and hold a public hearing on the preliminary plat of the Planned Unit Development. He stated that the proposed preliminary plat is currently zoned GB, General Business, and is currently within the Metropolitan Urban Service Area. It was mentioned that the proposed use of the property is consistent with the Andover Comprehensive Plan, Land Use Plan. The proposed subdivision is a PUD and consists of 14 commercial lots and one common area lot to be controlled by an association. Finally, it was mentioned that the subdivision is a Replat of Lots 1-3, Block 1, Andover Station. Motion by Falk, seconded by Daninger, to open the public hearing at 7:18 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. There was no public input. ~) Motion by Kirchoff, seconded by Daninger, to close the public hearing at 7:19 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. o U Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 2000 Page 4 C) Motion by Daninger, seconded by Kirchoff, to forward to the City Council a recommendation to approve Resolution No. R_-OO granting approval of the preliminary plat of the planned unit development of Andover Station II by 116, LLC located in Section 34, Township 32, Range 24, Anoka County, Minnesota. Motion carried on as-ayes, O-nay, 2-absent vote. Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City Council meeting. PUBLIC HEARING: LOT SPLIT (LS 00-08) - SPLIT +/- 4.42 ACRES FROM A +/_ 7. 76 ACRE PARCEL - 3640 152ND LANE NW - GERALD AND CAROL WINDSCHITL. City Planner John Hinzman presented the request of a lot split at 3640 I 52nd Lane NW. He stated that the applicant is requesting to split the western +/- 4.42 acres from a +/_ 7.76 acre parcel, leaving the remaining parcel to consist of approximately 3.34 acres. He mentioned that all applicable ordinances will be required to be met by the applicant. ,'r--) '- -- Mr. Hinzman stated that access to both parcels would be via 152nd Lane NW. The property abuts Round Lake and is subject to Ordinance 108, Shoreland Ordinance requirements. It was mentioned that the Building Official has indicated that buildabiIity is uncertain. Mr. Hinzman also stated that both lots exceed minimum size and setback requirements of Ordinance 8, Section 6.02 and Ordinance 108, Section 5.1. He mentioned that since the park dedication fees were taken out during the original plat of Lakeside Estates, Ordinance 40, Section 5B prohibits assessment of additional fees. Commissioner Daninger questioned that if the land is not buildable, then is it possible to split the land. Commissioner Kirchoff questioned what the length of time is for the sunset clause. Mr. Hinzman stated that if significant progress isn't made within a year then it becomes null and void. Motion by Daninger, seconded by Falk, to open the public hearing at 7:24 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. There was no public input. 8 Motion by Apel, seconded by Daninger, to close the public hearing at 7:25 p.m. Motion carried on as-ayes, O-nay, 2-absent vote. o 0 Regular Andover Plannli,g and Zoning Commission Meeting Minutes - June 13, 2000 Page 5 () Motion by Kirchoff, seconded by Falk, to forward to the City Council a recommendation to approve Resolution No. R_-OO granting the lot split request of Gerald and Carol Windschitl on the property located at 3640 1 52nd Land NW, subject to the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section I1I(E). 2. Confirmation of build ability for the split lot by the Building OfficiaL Motion carried on a 5-ayes, O-nay, 2-absent vote. Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City Council meeting. VARIANCE: VARIANCE 00-13 - ORDINANCE 8, SECTION 4.03, _ MODIFICATIONS TO A NONCONFORMING STRUCTURE -17151 TULIP STREET NW - JASON LARSEN. ,") '-~ Zoning Administrator Jeff Johnson presented the request of a variance at 17151 Tulip Street NW. He stated that the applicant is requesting a variance to allow for an addition to an existing non-conforming single family home on a non-conforming lot. He mentioned that the property is zoned R-l, Single Family Rural and is 1.5 acres in size. Mr. Johnson stated that the single family home was constructed in 1910 and is a rambler/crawl space style home. He explained that the applicant is requesting to remove a majority of the existing non-conforming principal structure and instead construct a 434 square foot addition. The end result would be a 1300 square foot home. He stated that the entire existing non-conforming attached garage, which is 384 square feet, will be removed and be replaced with a minimum 440 square foot attached garage. Mr. Johnson stated that the applicant was not present. Commissioner Daninger questioned if the applicant had any intent in coming to the meeting. Acting Chair Hedin questioned if the applicant is aware of the recommendation staff is making to the commission. Mr. Johnson stated that the applicant is aware of staffs recommendation. ~J Commissioner Falk questioned if staff informs the applicant in the beginning whether or not staff recommends denial or approval of the application. Mr. Johnson stated that staff does inform them of the recommendation, but also explains the proper procedure in that the Council has the final say. o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 13, 2000 Page 6 r-, , ) '-- Commissioner Falk questioned if the City has very many non-conforming sites within the City limits. Mr. Johnson stated that non-conforming sites do exist around the City. Mr. Hinzman mentioned that staff is willing to work with the applicant to bring it up to standards, but that Ordinance 8, prohibits expansion of a non-conforming use. Mr. Johnson stated that there is property to the west that he could obtain. He mentioned that he has suggested it to the applicant to check into it as a possibility. Motion by Kirchoff, seconded by Apel, to forward to the City Council a recommendation to approve Resolution No. 089-00 denying the variance request of Jason Larsen to Ordinance No.8, Section 4.03 to allow for the construction of an addition to a non- conforming principal structure on a non-conforming lot located at 17151 Tulip Street NW. Motion carried on a 5-ayes, O-nay, 2-absent vote. Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City Council meeting. ,r) '---"'" VARIANCE: VARIANCE 00-14 - ORDINANCE 8, SECTION 6.02 - SIDEYARD SETBACK -13659 X4 VIS STREET NW - THOMAS AND KELLY MATTSON. Planing Intern Dan Taylor presented the variance request from Kelly Mattson to allow for construction and placement of a deck, which will encroach into the ten foot sideyard setback from the interior lot line on the property located at 13659 Xavis Street NW. He mentioned that all applicable ordinances will be required to be met by the applicant. Mr. Taylor stated that similar variances have been granted in the past for decks that have encroached up to three feet into the ten foot sideyard setback from the interior lot line. He mentioned that in most cases, the variances that have been granted in the past have allowed more deck space in order for the property owner to functionally utilize their deck. Commissioner Kirchoff questioned the distance between the building and the lot line. Mr. Taylor stated the distance between the building and the lot line. He also mentioned that the deck will extend 7 feet, and the canopy will extend out 2 feet. (, '.--j Motion by Daninger, seconded by Apel, to forward to the City Council a recommendation to approve Resolution No. _ granting the variance request of Kelly Mattson to Ordinance 8, Section 6.02 which requires a ten (10) foot sideyard setback from the interior lot line and to allow for the placement of a deck encroaching three (3) feet into the sideyard setback from the interior lot line on the property located at 13659 Xavis Street NW. Motion carried on a 5-ayes, O-nay, 2-absent vote. o Regular Andover PlanQ and Zoning Commission Meeting Minutes - June 13, 2000 Page 7 ,r , ) Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City Council meeting. VARIANCE: V ARlANCE 00-15 - ORDINANCE 8, SECTION 6.02 - FRONT YARD SETBACK -LOTS 21-22, BLOCK 1, SUNRIDGE. Mr. Johnson presented the request of a variance for Sunridge Townhomes, LLC to allow for the construction of two attached single family townhomes that would encroach into the front yard setback on the property located at 13476/13482 Martin Street NW. He mentioned that all applicable ordinances will be required to be met by the applicant. Mr. Johnson stated that the applicant is requesting the two attached townhomes encroach a maximum of 8.6 feet into the thirty-five foot front yard setback. He eXplained that the variance should have been granted at the preliminary plat stage or request that a lesser development standard for the front yard setback be granted. Commissioner Kirchoff questioned the 35 foot front yard setback. Mr. Johnson explained in greater detail the 35 foot front yard setback. Acting Chair Hedin questioned if staff thought that the variance would have been approved at the preliminary plat level. Mr. Johnson stated that it is likely it would have \_/ been approved. Commissioner Falk questioned how this could be prevented from happening again in the future. Mr. Johnson stated that it is a unique lot that we are dealing with and that it is unlikely it would happen again. Commissioner Daninger stated that it would be a good idea if it will help keep consistency and make other single family homeowners happy. Commissioner Falk questioned if the preliminary plat is up to the square foot that is stated in the staff report. Mr. Carlberg gave an explanation of how the setback happened, in addition to mentioning that it does meet the standards. He eXplained that not all of the information was disclosed, therefore it created a problem. He mentioned that if it was in the original preliminary plat it probably would have been approved. ,-j - ./ Motion by Apel, seconded by Kirchoff, to forward to the City Council a recommendation to approve Resolution No. granting the variance request of Sunridge Townhomes, LLC to Ordinance No.8, Section 6.02 to allow for the construction of two attached single family townhomes to encroach 8.6 feet into the thirty-five foot front yard setback on the property located at 13476/13482 Martin Street NW. Motion carried on a 5-ayes, O-nay, 2-absent vote. Q 0 Regular Andover Plann/r,g and Zoning Commission Meeting Minutes - June 13, 2000 Page 8 ) Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City Council meeting. REVIEW: MODIFICATIONS TO DEVELOPMENT DISTRICT NO.1 AND TAX INCREMENT FINANCING DISTRICT NO.1-I. Mr. Carlberg explained that the City is in the process of modifying the development program for Development District No.1 and Tax Increment Financing District No. I-I. He stated that the modifications are being made to reflect increased expenditures, increase maximum bonded indebtedness and general revisions to reflect current statutory references and provisions. It was also mentioned that since the proposed modifications do not involve a land use change and the current designated land uses will remain the same within the district, the modifications are consistent or in compliance with the Comprehensive Plan. Commissioner Kirchoff questioned if it is a 10 year district. Mr. Carlberg stated that it is a 25 year district. Commissioner Falk questioned how often it is updated. Mr. Carlberg eXplained that it is updated any time there are proposed changes or modifications within the district. / \ , ) Commissioner Falk questioned if the money is for just that area. Mr. Carlberg stated that the intent is to use those dollars for the developments in that area. Commissioner Daninger questioned what steps will be taken if the commission approves the changes. Mr. Carlberg stated it would go before the City Council as a public hearing on June 20, 2000. Motion by Apel, seconded by Falk, to approve of the modifications as presented by staff to the Development Program for Development District No. I and Tax Increment Financing District No.1-I, as they are in compliance with the Andover Comprehensive Plan. Motion carried ona 5-ayes, O-nay, 2-absent vote. DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING ORDINANCE. ~J Zoning Administrator Jeff Johnson presented a map that outlined the areas within the City limits where hunting is prohibited and restricted. The map also pointed out areas where there is 2.5 acres or more and bow hunting is permitted. He mentioned that staff has contacted the DNR regarding the possibility of the City allowing fireann discharge if there becomes a problem with overpopulation. It was explained that the City may place language in the ordinance to have the City authorize special hunts during the hunting Regular Andover Plan~ and Zoning Commission Meeting U Minutes - June 13, 2000 Page 9 , "- , ~) season if felt necessary. No DNR approval is necessary for special hunts provided that the time frame of the hunt falls within the hunting season. Commissioner Apel questioned the amount of participation the City would receive with the special hunts. He mentioned the possibility of the City considering participating in a special City goose hunt that takes place in other areas around the Metropolitan area. He explained that there is an on-going problem with an over-population of geese within the City limits. Mr. Johnson stated he will forward the suggestion onto staff for further consideration. Acting Chair Hedin questioned why you would only allow hunting in restricted areas with a special permit. Commissioner Apel mentioned that the geese do need to be controlled within the City. Acting Chair Hedin questioned whether or not it is possible to control the geese within the normal hunting season. CJ Commissioner Apel explained that the DNR has it in a number of areas where a person can apply for a special permit to hunt in restricted areas. Mr. Johnson stated that Acting Chair Hedin brought up a good point and mentioned that he will forward to the Council that they consider a special hunt within the season. Acting Chair Hedin stated that there is good hunting located within the City. City Council Member Don Jacobson, 14628 University Ave, stated that he has received a number of phone calls from people that have witnessed others hunting right next to their property. He mentioned that the Council is requesting the Planning Commission to review the ordinance and determine whether or not a change is appropriate at this time. Commissioner Apel stated that even though he loves to hunt he is aware that there comes a time when the City will need to limit the areas. Acting Chair Hedin stated that he is reluctant to make a recommendation without receiving feedback from the residents. He suggested that a public hearing take place since there were no residents present. Commissioner Falk stated that the Planning Commission is just being asked to give ideas to the City Council. :J o () Regular Andover PlannIng and Zoning Commi;sion Meeting Minutes - June 13, 2000 Page 10 ,,-,\ '-) Commissioner Apel stated that if the City Council is in agreement with the commission that it would come back before the Planning Commission for further discussion. Commissioner Daninger questioned what the bow hunting restrictions are with the neighboring cities. Commissioner Apel stated that Blaine doesn't allow any type of hunting to take place. Commissioner Apel stated that the commission is only deciding that the issue needs to be discussed further, and if the Council agrees then it will come back to the commission as a public hearing. Commissioner Daninger stated that the recommendation the commission makes to the Council would be a starting point for further review. Mr. Johnson suggested forwarding to the City Council in order to receive feedback from the CounciL He also suggested scheduling a public hearing in order to receive input from the public. :-, V Commissioner Kirchoff suggested advertising the public hearing in the City newsletter. Mr. Johnson stated that it would be possible to put something in the July newsletter. Commissioner Daninger stated that another concern to consider is that some residents may already have permits to hunt in the fall. Mr. Jacobson suggested having the public hearing prior to going before the City CounciL Commissioner Falk questioned if the special hunting areas need to be designated on a map for the public hearing. Mr. Johnson stated that the special hunting areas do not need to be designated on a map. Commissioner Kirchoff commented that if a public hearing is scheduled then it is vital the public is informed in order to have a successful turnout. Motion by Falk, seconded by Apel, to schedule a public hearing at the July, 25, 2000 Planning Commission meeting to discuss Ordinance No. 240 with the public. Motion carried on a 5-ayes, O-nay, 2-absent vote. OTHER BUSINESS 'j Mr. Hinzman briefed the Planning and Zoning Commission on the outcome of the issues that were pending with the City CounciL He also gave a brief overview of items that will be up for discussion at the next Planning Commission meeting. / -, ) , " I .--) Regular Andover PlannQ and Zoning Commission Meeting Minutes - June 13, 2000 Page 11 , " ....j Mr. Johnson stated that the Telecommunications Task Force will be meeting on June 27, 2000. Mr. Hinzman stated that the Fun Fest Committee is looking for volunteers to help out with various activities. He mentioned that if anyone is interested they should contact the City Hall. ADJOURNMENT Motion by Apel, seconded by Falk, to adjourn. Motion carried on 5-ayes, a-nays, 2- absent vote. The meeting was adjourned at 8:22 p.m. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Of/Site Secretarial, Inc