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HomeMy WebLinkAboutOctober 13, 1998 u u u CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 13, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on October 13, 1998, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Mike Gamache, Don Jacobson, Lorna Wells (arrived at 7:38 p.m.) Jay Squires, Jeff Luedtke City Planning, John Hinzman Others Commissioners absent: Also present: APPROVAL OF MINUTES U September 22, 1998: Correct as written. Motion by Jacobson, Seconded by Apel, the Minutes as written. Motion carried on a 4- Yes, 3- Absent (Squires, Luedtke, Wells) vote. PUBLIC HEARING: LOT SPLIT/VARIANCE - 4440 145TH LANE NW - ANDREW KRINITSYN -~ 7:31 p.m. Mr. Hinzman reviewed the lot split and variance request of Andrew Krinitsyn to split the southwestern portion of Lot 7, Block 1, Dostalier-Hane Addition at 4440 145th Lane NW. A variance is needed to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel and a 35-foot variance to the lot width requirement for the remaining parcel. He noted the applicable ordinances. This split is presented in conjunction with the lot split and variance request to a neighboring parcel to the west to adjust the boundaries of both parcels. The current property boundary is positioned so that a portion of the neighboring western property extends beyond the eastem portion of the house in the rear yard. The opposite occurs along the property boundary in the front yard, extending past the western portion of the neighboring home. Both homes were constructed as super energy efficient homes during the early 1980's and are placed directly north/south to maximize solar energy. The lot line extends through an area that was once densely wooded, but there was significant tree loss during the July storm of 1997. As a result, both residents now wish to do additional landscaping in their yards. Mr. Hinzman stated the Commission has questioned the need for variances to the minimum lot size requirements for remnant parcels. The City Attorney contends the variance is needed because it becomes a legal lot of record. Staff is recommending approval with conditions. , ) ,,~ , / Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 2 (Public Hearing: Lot Split/Variance - 4440 145th Lane - Andrew Krinitsyn, Continued) (Commissioner Wclls arrived at this time, 7:38 p.m.) Acting Chairperson Peek opened the hearing for public testimony. Bmce Olson. 4464 I 45th Lane - is the neighbor to the west. Mr. Krinitsyn is unable to attend the meeting because he works during this shift. He eXplained the two super-energy houses were built in the early 1980's when it was totally forested. They had to cut down numerous trees to build the houses, and thcre was total privacy between himself and his neighbor. In July, 1997, they lost over 200 trees between the two lots. They hauled out 18 semi-loads of trees, plus two dump tmcks and 15 trailer loads. Both he and Mr. Krinitsyn see this as an opportunity to take responsibility for their yards. He would like to have a nicer lawn in the front. Mr. Krinitsyn has six children and would like to finish what is now his back yard. They fcel this is a win-win situation. Motion by Jacobson, Seconded by Ape], to close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires, Luedtke) votc. 7:40 p.m. , / Commissioner Jacobson didn't think the applicable hardships are met, though he would vote in favor of the request because he understood why it is needed. He suggested a legal description for both parcels be included in the Resolution. Mr. Hinzman statcd Attachment A will be included with the Resolution. Commissioner Wells was concerned with the location of the drain fields and how the new lot lines will affect the location of a secondary drain field. Mr. Hinzma!l stated the Building Official has reviewed the request and found no problem. The minimum sizes are met, but he will have the Building Department check on that further. Commissioner Apel noted the new boundary will be even further away from the existing drainfield than the existing boundary. Motion by Jacobson, Seconded by Gamache, the Resolution with the Addition of No. 3, the legal description be added. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be placed on the November 4 Council agenda. 7:44 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE - 4464 145TH LANE NW - BRUCE OLSON 7:44 p.m. Mr. Hinzman reviewed the request of Bmce Olson for a lot split and variance to split the northeastern portion of Lot 8, Block 1, Dostalier-Hane Addition, 4464 145th Lane NW. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by Andrew Krinitsyn as noted in the previous agenda item. Acting Chairperson Peek opencd the hearing for public testimony. 7:45 p.m. . / Bruce Olson. 4464 145th Lane NW - stated his comments made previously are applicable for his purposes. '- / <J Regular Andover Planning and Zoning Commission Meeting ,; Minutes - October 13, 1998 Page 3 (Public Hearing: Lot Split - 4464 145th Lane - Bruce Olson, Continued) Motion by Apel, Seconded by Gamache, to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote 7:45 p.m. Motion by Jacobson, Seconded by Apel, the resolution as prepared with Number 3 added, that the legal description be attached. Motion carried on a 5-Yes, 2-Absent (Squires, Luedtke) vote. This will be placed on the November 4 Council agenda. 7:46 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - BULK STORAGE OF LIQUID FUELS - 2387 COMMERCIAL BOULEVARD NW - RICCAR HEATING AND AIR CONDITIONING / 7:46 p.m. Mr. Hinzman reviewed the request of Riccar Heating and Air Conditioning for a Special Use Permit to install a 2,OOO-gallon above-ground gasoline tank at 2387 Commercial Boulevard NW. The property is zoned GB, General Business. The tank would be stored in a concrete vault identical to the recently approved tank for Ace Solid Waste. It would be located on the northeast comer of the building in the comer of a fenced area in the back. They will continue to have adequate parking on site with the storage tank at that location. The residence to the north has been purchased by Anoka County in co~iunction with the Bunker Lake Boulevard project. The residence to the east is a non-conforming use. Staff is recommending approval with conditions. Acting Chairperson Peek opened the hearing for public testimony. Doug Lawrence. 2477 NW Main Street. Coon Rapids -would be installing the tank and would supply the fuel. The tank is the best in the industry as of now. It is solid concrete. The reason for an above-ground tank is because there are too many problems with underground tanks and tests have to be run every year. It is not a big tank, measuring 9 x 12 x 7 feet. Commissioner Jacobson stated the designs do not show any posts around the tank to prevent people from driving into it. Mr. Lawrence - stated they can put posts around the perimeter of the tank. The tank would be in the comer, protected by the building on one side and the fence on the other side. Commissioner Wells questioned if the tank will be seen over the fence and asked about the signage on the tank. Mr. Lawrc.' ~e - stated it will be seen by the public if placed where they want to put it. He would like it on the other side of the fence, and he would recommend that. Then it would be in a locked area. If the Commission would rather have it on the other side of the fence, there is room to put it there. The signage will state it is gasoline and flammable material. The Commission generally preferred that the tank be out of view of the public. '. / Motion by Gamache, Seconded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote 7:56 p.m. \ , \j o \. /i Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 4 (Public Hearing: Special Use Permit - Bulk Storage of Liquid Fuels - Riccar Heating & Air Conditioning. Continued) Commissioner Wells was concerned ""ith the request because of the ability of the public to view the tank. This is a very busy area as opposed to the Ace Solid Waste site. She also felt this may be setting a precedent of allowing each one of the businesses to have a 2,000-gallon tank in the back oftheir buildings. She questioned the need for such a large tank. Commissioner Apel noted this is a commercial area, and he didn't think it was unreasonable for a heating and air conditioning businesses to want gasoline storage facilities on their site. He didn't see a reason to deny the request. Motion by Apel, Seconded by Jacobson, that the Planning and Zoning Commission forward to the City Council with the recommendation for approval the Resolution approving a Special Use Pennit for the bulk storage at the Riccar Heating and Air Conditioning facility. Remove Item No.2. Item No.5, add a stipulation that the safety bumpers be placed around the tank to prevent being accidentally being hit by a car or truck. Add Item No.6, If the tank can be viewed by the traveling public along Bunker Lake Boulevard, that the fence be extended to shield it from Bunker Lake Boulevard. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be placed on the November 4 City Council agenda. 8:00 p.m. , / PUBLIC Hf."'ARING: SPECIAL USE PERMIT - TEMPORARY CLASSROOMS _ 16045 NIGHTINGALE STREET NW - FAMILY OF CHRIST CHURCH 8:00 p.m. Mr. Hinzman reviewed the request of the Family of Christ Church for an Amended Special Use Pennit to erect two, 12 x 6O-foot temporary classroom trailers located on the southeast comer of the existing building at 16045 Nightingale Street. They are proposing to construct another building in the 1999 to 2000 time frame, and these temporary classrooms would serve their needs until that pennanent addition is constructed. Staff is recommending approval with conditions. Commissioner Jacobson asked if the building code regarding restrooms and accesses must be followed. Stan Jorgenson. Family of Christ Church - stated they talked with the Building Inspector before making application for the Amended Special Use Pennit. Due to the type of use, which is basically only on Sunday mornings for approximately three hours, the Building Official stated they would not have to connect to restroom facilities. The trailers will not be connected to the main building. There will be a fire extinguisher inside each classroom, but no fire sprinkler system. There will be two entrances to each trailer. Acting Chairperson Peek asked the origin of the two-year time limit. Mr. Hinzman stated a similar pennit was granted in 1990 to Constance Free Church. They had a three-year time frame. In talking . / with Mr. Jorgenson, they negotiated a time of two years. Commissioner Jacobson recalled the original pennit for Constance Free Church was for two years, and they came in for a one-year extension. Acting Chairperson Peek opened the hearing for public input. , / \ ,-_J Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 5 (Public Hearing: Special Use Permit - Temporary Classrooms - 16045 Nightingale _ Family of Christ Church, Continued) Stan Jorgenson. 1248 148th Lane - has been a member of the Family of Christ Church for the past nine years. With the City of Andover growing, their Church is also growing enormously. With that growth is a large influx of children. The temporary classroom trailers are a quick fix to gain classroom space until their permanent addition can be built. They have over 350 children with over 200 of them in classes on Sunday mornings. They are growing between eight and ten percent each year. Chris Sob~ - lives on the property across from the Church on the comer of 159th and Lynette. Her house would face the trailers. There is a drainage culvert going through her property with the drainage from the Church going toward her property. She was wondering how the proposal and the runoff would affect the drainage. She also asked what the buildings would look like. Mr. Hinzman showed a picture of the proposed classrooms. He was not sure of the specific drainage of the site, but noted that will be taken into account when placing the trailers. Also, another public hearing will be held when the permanent addition is proposed. / Motion by Jacobson, Seconded by Wells, to close the public hearing. Motion carried on as-Yes, 2-Absent (Squires, Luedtke) vote 8:12 p.m. The Commission noted that the request does not include any digging. The trailers would just be brought in and set up on the site on a temporary basis for up to two years. Commissioner Wells felt the proposal is acceptable, but it would be different if the use extended beyond a couple hours on Sunday mornings. Motion by Ape!, Seconded by Gamache, that the Planning and Zoning Commission forward to the City Council the Resolution approving an Amended Special Use Permit for the erection of temporary classrooms at the Family of Christ Church as presented. Item 1, add "...all necessary building permits." Add Item 4, that the trailers be inspected by the Fire Department to be in compliance with the fire codes to be sure they are safe. DISCUSSION: Acting Chairperson Peek asked if the maker would be willing to add item 5 limiting the use to Sundays. Commissioner Apel stated no, that would be too restrictive. Ifthere is a need to use the classrooms on a Wednesday night, he wouldn't argue with it. Commissioner Wells felt the Minnesota code may be skirted, as it costs the school district $100,000 to install temporary structures for one year. Commissioner Jacobson felt Item 1 in the Resolution takes care of the concerns. All necessary building permits a:1d codes must be received and followed. Mr. Jorgenson recognized the codes for typical classrooms, but these will have only limited use. The Building Official didn't see a problem going without restrooms, and there is direct access to the existing church to use the restroom facilities. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be on the November 4 City Council agenda. 8:18 p.m. j ,~ ) ,,-) / Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 6 PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT - CHANGE LAND USE DISTRICT DESIGNATION FROM INDUSTRIAL TO COMMERCIAL ON 90 A CRES SOUTH OF BUNKER LAKE BOULEVARD NW IN SECTION 34 - CITY OF ANDOVER 8:18 p.m. Mr. Hinzman reviewed the request to amend the Comprehensive Land Use Plan from I, Industrial, to C, Commercial on the 90 acres generally located south of Bunker Lake Boulevard between Thrush Street and Jay Street. The City of Andover has acquired the property and plans to redevelop it as a multiple use commercial park. He noted the adjacent land uses and outlined the proposed uses for the site. Staff is recommending approval. Commissioner Gamache asked how this affects the theater building that is being constructed. Mr. Hinzman stated since they haven't been given the Certificate of Occupancy, there is still time to do this change and the rezoning. Staff and the City Council have always looked at this area as General Business. Acting Chairperson Peek opened the hearing for public testimony. 8:24 p.m. Kathy Quarherg. 13521 Jay Street - wondered what will be going into the office warehouse area. That is located right behind their house. Mr. Hinzman didn't have any designated businesses for that area hut explainl~d the concept of a complex of buildings with a truck port in the center and behind the buildings. Truck traffic would come down Commercial Boulevard. Warehousing is more for the storage needed fer the businesses on site. ./ Ms. Quarberg - asked if there will be stop signs at the intersection of Jay Street and Commercial Boulevard. She also asked about the speed limit on Commercial Boulevard, as people use it for a speed way now. Mr. Hinzman stated no stop signs are proposed for Commercial Boulevard at this time. Signalization is proposed for Jay Street and Bunker Lake Boulevard and at Bunker Lake Boulevard and Quinn in the future. The speed limit on Commercial Boulevard will not change. Motion by Jacobson, Seconded by Gamache, to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote 8:26 p.m. Motion by Jacobson, Seconded by Apel, the Resolution. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be on the November 4 City Council agenda. 8:25 p.m. PUBLIC HEARING: REZONING - REZONE PROPERTY FROM I, INDUSTRIAL TO GB, GENERAL BUSINESS - SECTION 34 - CITY OF ANDOVER 8:25 p.m. Mr. Hinzman explained the proposed rezoning is submitted in conjunction with the Comprehensive Plan Amendment to the C, Commercial land use designation. Acting Chairperson Peek opened the hearing for public testimony. There was none. Motion by Apel, Seconded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires, Luedtke) vote. 8:27 p.m. ,-.-J 'I ',-/ .J Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 7 (Public Hearing: Rezoning - I to GB - Section 34 - City of Andover, Continued) Mr. Hinzman noted the City can be more restrictive than the GB zoning allows. There will be a more restrictive covenant on the uses, landscaping, etc., in the Park. All businesses in the Park will be required to sign on to the covenants. Motion by Jacobson, Seconded by Apel, the Resolution. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be on the November 4, 1998, City Council agenda. 8:29 p.m. SKETCH PLAN - HILLS OF BUNKER LAKE 6TII ADDITION - SECTION 35 _ IIILLS, INC. Mr. Hinzman reviewed the proposed sketch plan presented by Hills, Inc., of Hills of Bunker Lake 6th Addition located east of Hanson Boulevard between 139th Lane and 140th Lane in Section 35. The development is proposed as a mixed use Planned Unit Development of 15 single family residential dwellings and a commercial component of two office buildings. One restriction on the site is the close proximity to the WDE landfill site along Hanson Boulevard. No buildings can be constructed within 200 feet of the landfill. and there are certain institutional controls in place to control methane gas on buildings within the next 300 feet from the landfill. Staff is researching the impact of the newly installed gas extraction system at the site on those controls. Those controls affect about 80 percent of the site. The area is completely with the MlJS!'\, Park was dedicated as a part of the original Hills of Bunker Lake 3rd Addition. The proposal is to designate private streets within the development, similar to what was done in Shadowbrook 3rd Addition. Another consideration is the possible extension of the future street all the way to 140th Lane to incorporate the vacant lots into the subdivision. There is a possibility a trail will be required along Hanson Boulevard at a 50-50 cost share between the City and the developer. Commissioner Jacobson felt the proposal negates the planning of the Comprehensive Plan which designated the area along Hanson Boulevard as commercial. The lots are very small, appearing to be half the size of the regular City lots. Also, he didn't see anything in the proposal that would meet the criteria for an increase in density. He had a concern with private streets, especially because the City will get the calls ifthere are maintenance problems. The houses are very, very close together; there is hardly any room for buffers, trees, etc. The future upgrade to Hanson Boulevard will also affect this plan, leaving even less open space. If the area was developed commercial as proposed, the parking space may also be able to be used for the park which abuts this property. Most of the trees on the site would be taken down, and the buffer would be lost. As proposed, he felt this is in conflict \~ith the Comprehensive Plan. Commissioner Jacobson felt they are reacting to offers again and not planning for things in advance. There is a plan in place. lfit was a good one, it should be kept. A rezoning for a PUD with half-sized lots should have some advantages to the City. He didn't see any here. Commissioner Apel had the same objections. This area was designed for a specific purpose quite a while ago. It has been discussed in the new Comprehensive Plan. From the City's standpoint, he ,_ I \. -) ) Regular Andover Planning and Zoning Commission Meeting Minutes - October 13, 1998 Page 8 (Sketch Plan - Hills of Bunker Lake 6th Addition - Section 35 - Hills, Inc., Continued) did not think the proposal is a good use. Acting Chairperson Peek concurred. The purpose of the Neighborhood Business along Hanson Boulevard was curb appeal and a buffer along Hanson Boulevard. This is not appropriate and is not consistent with the Comprehensive Plan. Commissioner Wells felt the traffic would be a nightmare if developed as proposed. Mike Quigley. Hills. Inc. - stated the proposal was intended to provide a better buffer between the residential area and the commercial, knowing how the residents have responded to the proposal of another commercial property along Hanson Boulevard. They felt this development might be more appealing to them, thinking the town homes and office buildings would be more compatible with the homes. If that is not the case, they would withdraw this and develop the land strictly commercial. Acting Chairperson Peek noted the vast majority of the development abuts a park, which is different than the other proposed commercial area that was opposed by the residents. That area backed up to the residents. This has more open space. Commissioner Jacobson felt the increase in density would be worse than just commercial. The proposal equates to two houses on a small city-sized lot. J ~LQ.ui!?lc..\: - stated their location is somewhat different, but they still expected many of the same responses from the residents. The lots would be 57 feet wide, so they are not significantly different in size. This woPld be a townhouse development, single family detached town homes with an associati,')n. Mr. Hinzman stated if the criteria coald be met for increased density, a 20 percent increase would mean about 14 houses, and 15 are being proposed. It would be difficult to meet the open spaces requirement on site. Possibly the City could look at off-site improvements to satisfY those requirements, such as additional improvements to major parks or other land in the City. Commissioner Wells felt the intent of the criteria was for improvements on the site to allow the increase in density, not to be used as a trade-off for somewhere else. Commissioner Apel again st3.tcd he felt this is a poor use of the property. Mr. Hinzman stated the item will go before the City Council at their October 20 meeting. OTHER BUSINESS Mr. Hinzman reviewed the actions taken by the City Council at their October 6 meeting. Also, the Comprehensive Plan Task Force will be meeting with the City Council on Thursday, October 15. The Planning and Zoning Commission is expected to hold the public hearing on that Comprehensive plan in November. Motion by Apel, Seconded by Gamache, to adjourn. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. The meeting adjourned at 8:46 p.m.