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HomeMy WebLinkAboutJune 27, 2000 o o o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING -JUNE 27,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 27, 2000, 7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Mark Hedin, Larry Dalien, Maynard Apel, Dean Daninger, Tim Kirchoff, and Douglas F alk. Commissioners absent: There were none. Also present: City Planner, John Hinzman Zoning Administrator, Jeff Johnson . Others APPROVAL OF MINUTES. June 13, 2000 Motion by Falk, seconded by Daninger, the Minutes be approved as submitted. Motion carried on a 5-ayes, O-nay, O-absent, 2-present vote. City Planner John Hinzman asked to combine items 3 and 4 for discussion purposes since they are related issues. Chair Squires stated that combining items 3 and 4 would be acceptable. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 00-07)- CHANGE THE LAND USE DISTRICT DESIGNATION FROM RM, RESIDENTIAL MEDIUM DENSITY TO C, COMMERCIAL - +/-15.5ACRES - VICINITY OF BUNKER LAKE BLVD. NW AND 7TH A VENUE NW - ROSELLA SONSTEBY. PUBLIC HEARING: REZONING (REZ 00-04) - REZONE PROPERTY FROM M-2, MULTIPLE DWELLING TO GB, GENERAL BUSINESS - +/- 20.5 ACRES- VICINITY OF BUNKER LAKE BLVD. NW AND 7TH A VENUE NW -ROSELLA SONSTEBY. f-~ " ) '-" o 0 Regular Andover Planning and Zoning Commission Meeting Minutes-June 27,2000 Page 2 Mr. Hinzman presented the request to review the Comprehensive Plan Amendment to change the land use district designation from RM, Residential - Medium Density to C, Commercial on approximately 20 acres located on the Southeast Quarter of Section 30, generally located east of the northeast intersection of Bunker Lake Blvd. NW and 7th Avenue NW. He mentioned that all applicable ordinances would be required to be met by the applicant. Mr. Hinzman reviewed the adjacent land use, in addition to outlining the policies in the Comprehensive Plan pertaining to the siting of the commercial development. Mr. Hinzman stated that the Comprehensive Plan Amendment and rezoning are submitted without a formal development plan. He mentioned that the site is adjacent to existing commercial property at 7th Avenue and Bunker Lake Blvd., which is a major road intersection. The site is well buffered from existing residential areas, and the City Council has adopted multiple family housing goals as part of the 2020 Comprehensive Plan. He explained that execution of a zoning contract could be considered to more clearly identify and formalize uses. Also, the site has potential for either multiple family or commercial uses. . -, \.J Mr. Hinzman stated that the applicant is also requesting to rezone approximately 4 acres from NB, Neighborhood Business to GB, General Business on the northeast comer of Bunker Lake Blvd. and 7th Avenue. In addition, she is requesting to rezone approximately 16 acres from M-2, Multiple Dwelling to GB, General Business on the north side of Bunker Lake Blvd., east of 7th Avenue. He mentioned that all applicable ordinances would be required to be met by the applicant. Mr. Hinzman stated that municipal water and sewer services are planned for the property, however services are not readily available. He explained that staff strongly recommends that municipal services be in place before development commences on the property. Commissioner Dalien questioned why staff is recommending to approve the applicant's request. Mr. Hinzman stated that the land around the area is open, and since it is at a major intersection it would not have a direct effect on other neighborhoods. He explained that the uses could be specified in order to control the land use. Commissioner Hedin questioned the zoning to the east of the property. Mr. Hinzman explained that the area to the north is Rural Residential and the land to the east is a large wetland, zoned R-4. Chair Squires questioned if the property to the east is buildable land. Mr. Hinzman explained on a map the only land that is considered buildable land. ') Chair Squires questioned what would happen to the land to the east and to the north if the \..., property were rezoned from a General Business District. Mr. Hinzman explained that the '~J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - June 27, 2000 Page 3 property to the north is a tank farm and would have to be vacated and redeveloped. The property to the east is a large wetland. Commissioner Kirchoff questioned the letter received from the City of Anoka. He questioned what the needs are for sewer use in a General Business District compared to a Rural Residential District. Mr. Hinzman stated that the capacity issue is more severe than the City expected. He explained that it is a possibility of hook up to the Coon Rapids interceptor may be an option, or the other option would be to resize all the pipes. Commissioner Kirchoff stated that this is a problem that in time will become more common since the developments continue to move outward. Commissioner Kirchoff questioned if anything at all should be done until the right infrastructure is in place. Mr. Hinzman explained that that is why staff is recommending a number of conditions be added to the resolution. Commissioner Daninger questioned when sewer or water would be installed. Mr. Hinzman stated the land is in the 2005-2010 development timeframe. (J Commissioner Daninger stated that he is not comfortable changing anything until we know what is being proposed to be developed. Motion by Falk, seconded by Kirchoff, to open the public hearing on the Comprehensive Plan Amendment at 7:21 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. Motion by Hedin, seconded by Apel, to open the public hearing on the Rezoning at 7:21 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. Rosella Sonsteby, the applicant, presented the commission with the minutes from the Grow Township Meeting on August 12, 1969 stating that the Sonsteby's zoning request was granted so as to amend the ordinance to zone the property commercial. She questioned how the zoning of the property could be changed without the property owner being notified. She stated that she feels the property should be commercial since there is already a gas company adjacent to the area. Ms. Sonsteby stated that she feels it may be a nice location for a small shopping center, since it wouldn't affect any residential areas. Chair Squires mentioned that the commission was not aware of what took place at the Grow Township Meeting on August 12, 1969. ( -, \j Ms. Sonsteby also mentioned that the water is polluted on both sides of the property. o o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 27, 2000 Page 4 Commissioner Dalien questioned if she is working with any developers at this time. Ms. Sonsteby stated that she is currently not working with a developer. Commissioner Daninger questioned if there are any plans to work with a developer in the near future. Ms. Sonsteby stated that there are people interested in buying the land, however nothing has taken place as of yet. Jeri Mullens, 142nd Lane, questioned the difference between a Commercial District from a General Business District. She also questioned the amount of traffic the property would attract if there were a gas station or strip mall on the site. She mentioned that she hopes the City will take into consideration the rezoning would have on the entire area if the requests were approved. Mr. Hinzman explained what a Commercial Land Use District is compared to a General Business District. He gave examples of businesses that could exist within these districts if the zoning were approved. Chair Squires mentioned that he was not aware that a gas station could exist in a Neighborhood District. Mr. Hinzman stated that a gas station would be allowed by special use permit but not be able to have a car wash included. ;' ~ '-J Dave Agar, 4487 140th Avenue, stated that the land surrounding the site is all residential, therefore to rezone it would be inappropriate. He mentioned that the area doesn't need anymore strip malls since there are already vacant buildings along Bunker Lake Blvd. Lorraine V olkain, 14 7th Avenue, questioned the impact the rezoning would have on the wetlands. She also questioned the amount of run-off there would be from the parking lot into the wetland. Mr. Hinzman stated that those issues have not been discussed at this time. He explained that they are concerns that would be addressed later on in the development process. Ms. Sonsteby stated that she has lived on her property for years and has had to put up with the area developing and becoming more urban all the time. She stated that she has never complained about people moving into the area and feels it is only right that she have the opportunity to develop her land as she chooses. There was no other public input. Motion by Daninger, seconded by Falk, to close the public hearing on the Comprehensive Plan Amendment at 7:41 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. ~) o o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 27, 2000 Page 5 Motion by Hedin, seconded by Dalien, to close the public hearing on the Rezoning at 7:41 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. Commissioner Daninger stated that he can't support a change until he knows that it wouldn't be changed back. Commissioner Apel stated that he doesn't feel it is the time to make a change. He mentioned that more information would be helpful in making a decision. Mr. Apel stated that he was on the City Council at the time of the Grow Township Meeting in 1969 and stated that he sympathizes with her. Commissioner Dalien stated that he feels uncomfortable making a change at this time since there are too many unknowns. He explained that some of the other issues need to be addressed prior to an amendment or a rezoning. Commissioner Falk stated that he feels it is necessary to have more information before a decision can be made. Commissioner Hedin stated that he would also need more information in order to support the requests. r-\ U Chair Squires stated that there is a 60-day rule, therefore it is not possible to table the item indefinitely. Mr. Hinzman stated that if the applicant did agree to table the item and it ended up taking longer than 60 days, than the City would ask the applicant to table the item for an additional period of time. Commissioner Apel stated that it is unnecessary to table the item, since it is likely that it will take longer than 60 days to provide the commission with enough information. Chair Squires summarized the concerns expressed by the commission. He mentioned concerns with losing some medium density and the unresolved service issue. He also stated that he would not support tabling the item indefinitely. Motion by Apel, seconded by Hedin, to forward to the City Council a recommendation to deny Resolution No. R_-OO amending the Comprehensive Land Use Plan of the City of Andover on property owned by Rosella Sonsteby located in the Southeast quarter of section 30, since the service issue is unresolved and there would be a loss in medium density. Motion carried on a 7-ayes, O-nay, O-absent vote. C) Motion by Apel, seconded by Daninger, to forward to the City Council a recommendation to deny Resolution No. R_-OO amending Ordinance No.8, Section ;8 o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 27, 2000 Page 6 6.03, Zoning District Map of the City of Andover, since the service issue is unresolved and there would be a loss in medium density. Motion carried on a 7-ayes, O-nay, O-absent vote. Chair Squires stated that these items would be considered at the July 18,2000 City Council meeting. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (SUP 00-05) - ANTENNA EXCEEDING 35 FEET - MODIFICATION TO GROUND EQUIPMENT -1717 CROSSTOWN BLVD. NW - NEXTEL. Zoning Administrator Jeff Johnson presented the Amended Special Use Permit request of Nextel Communications. He explained that they would like to remove the existing OMNI antennas and replace them with panel antennas on top of the water tower located at 1717 Crosstown Blvd. NW. He mentioned that the applicant will be required to meet all applicable ordinances. Commissioner Apel questioned if it has ever been considered to install a platform to put things on, since the tower is hollow. Mr. Johnson stated that it has not been researched, however could possibly be an option for the future. (J Commissioner Kirchoff questioned if there are other competing businesses that could tap into this as well. Mr. Johnson explained that it is open to a number of carriers. Commissioner Kirchoff questioned if it has been approached by competitors. Mr. Johnson stated that they would need to obtain a special use permit. Commissioner Apel questioned if the City uses Nextel phones. Mr. Johnson stated that the Public Works Bldg. does use Nextel phones. Chair Squires questioned the number of antennas stated on the lease agreement. A representative from Nextel Communications explained the original lease agreement in relation to the current agreement. Motion by Dalien, seconded by Falk, to open the public hearing at 8:00 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. There was no public input. Motion by Apel, seconded by Hedin, to close the public hearing at 8:01 p.m. Motion carried on a 7-ayes, O~nay, O-absent vote. ~) Commissioner Falk stated that he thinks it is a good spot for the panel antennas. r, <J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes-June 27,2000 Page 7 Commissioner Apel stated that he feels it is an easy decision and would support the request. Chair Squires mentioned that the infrastructures are separate from the tower. Motion by Hedin, seconded by Apel, to forward to the City Council a recommendation to approve Resolution No. R_-OO granting the amended special use permit request of Nextel Communications for the construction of nine panel antennas on top of the existing water tower located at 1717 Crosstown Blvd. NW, subject to the following conditions: 1. Conditions No.1 & No.2 as stated in Special Use Permit Resolution No. 95-97. 2. The three existing OMNI antennas and sixty square foot equipment cabinet along with all other materials in the leased area be removed. 3. Nextel Communications revise and enter into a lease agreement with the City of Andover to reflect the changes in the number of antennas and the size of the new area to be leased. () Motion carried on 6-ayes, O-nays, I-abstain, O-absent vote. Commissioner Kirchoff requested to abstain from voting since he doesn't feel they follow through on the services they provide. . He explained that he has had some recent personal experiences with Nextel Communications to support his decision. Chair Squires stated that this item would be considered at the July 18,2000 City Council meeting. PUBLIC HEARING: AMEND ORDINANCE 8 - CONTRACT REZONING AND TRANSITIONAL COMMERCIAL DISTRICTS. Mr. Hinzman explained that the City Council has directed the Planning Commission to hold a public hearing to consider changes to Ordinance 8 regarding Contract Rezoning and Transitional Commercial Districts. He presented the commission with a draft of Ordinance 8 for their review. (J Commissioner Hedin questioned under 5.02, 3B of the ordinance. He questioned who and when it would be decided if the site plan is not adhered to. Mr. Hinzman stated that the City Council would make that assessment. He mentioned that it is possible to add language to the ordinance to make it more clear. Commissioner Kirchoff questioned if it would than revert back to the original zoning. r, <J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 27,2000 Page 8 Mr. Hinzman suggested adding language to the ordinance to make that clarification. He stated that if the City Council determines that the modification doesn't have a large effect on the development then they can decide whether to move forward or to rezone it back to the original. Motion by Kirchoff, seconded by Hedin, to open the public hearing at 8:15 p.m. Motion carried on a 7-ayes, a-nay, a-absent vote. Pat Fugina, 1511 138th Lane NW, questioned if there would be a public notice sent out before any zoning district changes are made. Mr. Hinzman stated that there would be a public notification sent out. Mr. Fugina, questioned 5.02, 3B of the ordinance to commence uncontested rezoning if the contract is not followed. He questioned what would happen if that were to take place. Mr. Hinzman explained the procedures that would take place, explaining that in the end it would be up for the City Council's decision. Mr. Fugina questioned if a gas station would be a special use and therefore is listed under Limited Businesses in Section 7.01. Mr. Hinzman explained that a gas station would be allowed, however a convenience store could be a possibility. /' ..) '- Mr. Fugina questioned if a 24-Hour convenience store in a Neighborhood District would require a Special Use Permit. Mr. Hinzman stated that it would not require a Special Use Permit. Mr. Fugina suggested gas stations are listed under Excluded Uses in Section 7.04. Mr. Fugina questioned what Essential Services Structures represents. Mr. Hinzman explained that it would include wellhouses, pumpstations, etc. Mr. Fugina stated zoning a Limited Business District on the edge of a residential district is a good idea. Joyce Twistol, 1518 139th Lane NW, commended staff and the Planning Commission for looking into contract rezoning, since it would be beneficial to all neighborhoods and the City. She mentioned that she appreciated the fact that neighborhoods are notified since it does affect the property owners. She suggested making a change to Section 5.02, G since the input of neighborhoods is so important. There was no other public input. (J Motion by Apel, seconded by Daninger, to close the public hearing at 8:24 p.m. Motion carried on a 7-ayes, a-nay, a-absent vote. I' " \.J o 0 Regular Andover Planning and Zoning Commission Meeting Minutes -June 27, 2000 Page 9 Commissioner Kirchoff commended the two individuals for speaking and offering their input. Chair Squires also commended the individuals for speaking and offering suggestions. Commissioner Hedin commended Mr. Hinzman for doing such extensive research in determining the changes that are necessary. Commissioner Dalien questioned Section 6.02 of the City ordinance. Mr. Hinzman explained in greater detail the changes that are being suggested. Commissioner Apel suggested adding the word "neighborhoods" to Section 5.02, G 1, He explained that making this revision would clarify any unknowns. Chair Squires summarized the commission's suggestions to Ordinance 8. He mentioned that one issue is the comment regarding the changes to the zoning contract, he suggested that the public hearing process be part of the zoning contract. () Commissioner Dalien suggested ifit would be possible to just have a public hearing ifit IS necessary. Chair Squires stated that if it is not an automatic procedure than it would become a problem as to who would make the decision ifit is necessary. Commissioner Dalien supported Chair Squires in his opinion. Mr. Hinzman suggested that if any modifications were to come up, than the City Council would make the decision if a public hearing is necessary and if so it would come back before the Planriing Commission. Chair Squires suggested that we include language in the ordinance that the City Council determines if a public hearing is necessary. Chair Squires summarized the changes suggested by the Planning Commission. He mentioned adding language under Section 5.02, G1, to state "and neighborhoods". He stated under Section 5.02, G2, specify that the zoning .contract shall be recorded. In Section 5.02, 3B include the words "as determined by the City Council" after the word commence. In Section 7.03, Businesses Districts should include the language "uses identified as permitted" under the 24 Hour Continuous Operation. Finally, in Section 7.04, under Uses Excluded include the language "in no circumstance shall exterior storage be allowed". -, U Regular Andover PlannQ and Zoning Commission Meeting () Minutes - June 27, 2000 Page 10 r -, \J Commissioner Kirchoff questioned Commercial Greenhouses under Section 7.03, Business District. He spoke concerns since it is most likely that items would be stored outside. Mr. Hinzman stated that exterior storage is defined as something that is left outside for a 24-hour period. Commissioner Dalien stated that in reality potted trees would be stored outside, and therefore it would be considered exterior storage. Commissioner Daninger suggested possibly taking Commercial Greenhouses off the list. Commissioners Apel, Kirchoff, and Dalien all supported removing Commercial Greenhouses from the list. Commissioner Apel suggested staff make the changes and bring it back to the next meeting for a final review. Commissioner Dalien questioned Section 5.02, 3B since it is unclear who it is being referred to. Mr. Hinzman suggested putting in the language "the signer of the contract" " . "\ after the word uncontested. ,,-) Motion by Apel, seconded by Daninger, to table the discussion on Ordinance No.8 as amended in the staff report until the revisions have been made and reviewed by the Planning Commission. Motion carried on a 7-ayes, a-nay, a-absent vote. VARIANCE: VARIANCE 00-12 - VARIANCE TO 70' SETBACK FROM ORDINARY HIGH WATER MARK -13336 GLADIOLA STREET NW - TERRY SCHILLINGER. Mr. Hinzman stated that after further review of Ordinance No. 108, Section 5.2 a variance is not required. OTHER BUSINESS 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. Commissioner Hedin questioned ifthere was an update on the new school. Mr. Hinzman briefed the commission on the activity that has taken place with the new school. () r"o, Regular Andover Plan~2 and Zoning Commission Meeting Minutes-June 27,2000 Page 11 ~\ CJ , , ' --' Commissioner Hedin questioned when the Special Meeting on Snowmobiles is to take place. Mr. Johnson stated that there is an open forum for discussion scheduled for June 28, 2000. ADJOURNMENT Motion by Hedin, seconded by Apel, to adjourn. Motion carried on 7-ayes, a-nays, 0- absent vote. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc v :~