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HomeMy WebLinkAboutJanuary 27, 1998 /" \ \.....) (J ( '1 \...../ u () CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 27, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on January 27, 1998, 7:35 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Barry, Mike Gamache, Jeff Luedtke, Lorna Wells Jay Squires City Planning, John Hinzman Community Development Director, Dave Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES January 13, 1998: Correct as written. Motion by Apel, Seconded by Luedtke, to approve the Minutes as presented. Motion carried on a 6-Yes, I-Absent (Squires) vote. PUBLIC HEARING: AMEND ANDOVER COMPREHENSIVE LAND USE PLAN - CHANGE LAND USE DESIGNATION FROM RURAL RESIDENTIAL TO COMMERCIAL - SOUTHEAST CORNER OF ROUND LAKE BOULEVARD NW AND 181ST A VENUE NW- RADEMACHER COMPANIES 7:38 p.rn. Mr. Hinzman reviewed the proposed amendment to the Comprehensive Land Use Guide Plan to change the designation on approximately 5.5 acres on the southeast comer of Round Lake Boulevard and 181 st Avenue from RR, Residential Rural to C, Commercial. If the Comprehensive Plan amendment is approved, Rademacher Companies, Inc., has until December 31 of this year in which to rezone the property. Mr. Hinzman reviewed the policies for siting future commercial development areas as laid out in the Comprehensive Plan and the adjacent land use. The site is located at the intersection of two county roads. Traffic counts are similar to the commercial area at Seventh Avenue and Valley Drive. DNR Wetland 436W forms the eastern property boundary. Dense wooded areas abut the site on the north, east and west sides. Three other commercial districts are within one to four and a half miles from the site. The proposal has been submitted to the City of Oak Grove, but they have made no comment. He did not know of the proposed development of the parcel to the north, which is in Oak Grove, until the letter which is in the Commission's packet was submitted. , \ '- ) , \J Regular Andover Planning and Zoning Commission Meeting , ./ Alinutes - January 27, 1998 Page 2 (Public Hearing: Amend Comprehensive Land Use Plan/RR to C/Southeast Corner of Round Lake Boulevard and 181st Avenue - Rademacher Companies, Continued) Chairperson Peek felt a market survey could have an impact on whether or not this is spot zoning. He was reluctant to proceed without all of the information. Commissioner Wells was concerned with the condition of Round Lake Boulevard and CoRd 58, and this will only add to an already poor situation. She asked the status of an upgrade for this area. Mr. Hinzman stated there are no plans to upgrade the area. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried on a 6- Yes, 1- Absent (Squires) vote. 7:46 p.m. Jenny Trenda 18000 Round Lake Boulevard - stated the County Transportation Plan through the year 2015 shows no improvements planned for that location. She presented two letters from residents who were unable to be present this evening but opposed the project. She also presented a petition signed by 201 citizens of the immediate vicinity, including some from Oak Grove, all indicating opposition to the potential rezoning. She then read the concerns as outlined on the petition: 1) people bought their property knowing this is zoned residential and they have a right to ,/ continue to expect it to remain zoned residential; 2) a concern with safety because of increased traffic on CoRd 58, which is already in poor condition; 3) a portion of the property contains a state protected marsh; 4) concern with light, noise, air and litter pollution from a commercial center; 5) the existing strip mall 1 Y2 miles north and another neighborhood business 1 mile east which already serves the area very well; 6) it is understood those businesses are barely earning a profit; and 7) this is spot zoning. Ms. Trenda also showed a map of the City where there are other areas already slated to be neighborhood community centers that are undeveloped. She pointed out that the writers of the Comprehensive Plan were very consistent in planning growth in the City from south to north, there are three commercial neighborhood centers that are not developed, and she didn't think there is a demand for a neighborhood commercial center this far north at this time. Ms. Trenda also presented a copy of a longer presentation she had planned to give. Joe Nemo Brooklyn Park representing Bill Rademacher - stated they don't have any immediate plans to develop the property, but they are asking for the amendment and rezoning to be able to develop it into a neighborhood retail and service center, a Bill's Superette, which was the intent when they purchased the property a number of years ago. Any development plans would be premature. They have not conducted a market study. They are going through the rezoning process now to have it completed. Then over the next few years they could look at beginning the feasibility study for development. They were not aware of a desire for a market study until today. Todd Novak 18046 Round Lake Boulevard - is mainly concerned with the increased traffic, increase in crime and greater likelihood of robberies, and the extra pollution created in the area because of the proposed project. They have seen the traffic increase significantly in the years they have lived there. A portion of CoRd 58 was redone when the fire station was constructed, but it hasn't really helped that intersection much. At CoRd 58 and Round Lake Boulevard, cars do not stop for the sign. / , / / \ ) , ',-J Regular Andover Planning and Zoning Commission Meeting Minutes - Januaty 27, 1998 Page 3 (public Hearing: Amend Comprehensive Land Use Plan/RR to C/Solltheast Corner of Round Lake Boulevard alld 181st Avenue - Rademacher Companies, Continued) Pollution has increased a lot since they've lived there, and it will only increase as the business draws heavy trucks, snowmobilers, and increased traffic. Part of the reason they moved out there was because of the reasonable taxes and the rural area. They moved from Hennepin County and checked on the zoning before coming here. They want to keep it residential. Gal)' Mason 3238 181 st Avenue - had the greatest concern with the increased traffic and the lights. They moved out there to get away from all that, and they checked to see that the property was zoned residential. There is a wetland area adjacent to the parcel, plus partly on the parcel. He is a septic designer and felt the soil in the area has a water table ofless than one to three feet, which means a mounded septic system would be needed on the site. The site would also create additional runoff to the wetland from the blacktop, plus the tanks, salt, etc.. He didn't think there was that much buildable area. There is a grade difference of about 4 'l2 feet from Round Lake Boulevard to the wetland. He's done soil borings in the area for his business, and typically there is a very high water table. Plus the noise and lights will be an eye sore. He'd prefer to see it something other than a business. Ken Meyer 3028 181st Avenue - passed out a summa!)' of the concerns of the neighbors and showed pictures of the marsh. He is an aquatic ecologist, teaching for Anoka Senior High School, and he uses the protected wetland for teaching how to estimate water quality. There is two to three feet of standing water in the 12-acre wetland, and he explained the process for measuring the quality of the water. He compared the water quality of Coon Creek, Crooked Lake and this wetland, noting this marsh has one of the highest marks for quality. Any kind of development will affect that water quality. He is concerned that they have already dumped at least five feet of top soil from the highway, thinldng that run offwill cause some problems. The soils are very permeable, and the gas and oil will soak fTOm the parking lot into the wetland ve!)' quickly, which the DNR will not allow. So a ponding system that is impenneable will be needed, but he felt the wetland will still be impacted. The residents support Andover's policies to protect the wetland. They have made sizeable investments in their properties and checked to find this undeveloped parcel zoned residential. They moved to the wooded count!)' life to escape the commercial areas. The roads are not adequate to support more commercial, and he feels the proposal violates the goals of the Metropolitan Council and the City of Andover. The area is already served by two commercial areas. It also meets all of the criteria for spot zoning. Their quality oflife would be diminished because of the noise and light pollution, the increased traffic, and the increased risk to children. If this is zoned commercial, the neighborhood would request an Environmental Assessment Worksheet be done. Ervin Dryden 17975 Round Lake Boulevard - moved to the adjacent property to the south eight years ago because they lived where the Sears store is now located on CoRd 9. They wanted to move into the count!)' and get away from the metro area. They object to the proposal because of the noise and light pollution and the affect it will have on the marsh. \ .J ~0 Regular Andover Planning and Zoning Commission Meeting 'I Minutes - January 27, 1998 Page .J (public Hearing: Amend Comprehensive Land Use Plan/RR to CiSoutheast Corner of Round Lake Boulevard and 181st Avenue - Rademacher Companies, Continued) Richard Stiff 3121 ]8]st Avenue NW - is totally against the proposal. They moved there to get away from the clutter. They have two lots and are relatively secluded. There is a high noise level from the four-way stop now, which will only increase with this business. They are also concerned with the increase in litter and young people congregating around there. There is also considerable exhaust pollution in the summer from that corner. Skip Ryther. 174] 0 Blackfoot - is interested in good sound zoning practices and development in the City. It's been stated there are no immediate plans for development; it is merely a petition to change the zoning at their own convenience. He felt by granting the petition, the City would be locking itself into a decision that may be regretted at some point in the future. This does appear to be spot zoning. There is no compelling reason to grant the rezoning at this time, and he urged the Commission to recommend denial and maintain the integrity of the City's planning document. , , Motion by Gamache, Seconded by Barry, to close the public hearing. Motion carried on a 6- Yes, I-Absent (Squires) vote. 8:28 p.m. , .J J\.fr. Hinzman stated the Comprehensive Plan Task Force has talked about adding more commercial property within the City, but it has not talked about this location specifically. Extending the MUSA to this area is not indicated in any of the City's long-term time frames, so it may be quite a few years before the area is serviced with municipal utilities. Motion by Apel, Seconded by Luedtke, the Resolution to deny the amendment to the Comprehensive Plan. In the prepared Resolution, the second WHEREAS, change to the Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover for the following reasons: 1) The DNR wetland would be adversely affected significantly; 2) The Zoning would be inconsistent with the surrounding uses; 3) The zoning would be inconsistent with the goals of the Comprehensive Plan as stated presently; 4) The area is already served by other commercial establishments; 5) There is commercial land available for development now that is vacant; 6) This is spot zoning and should be avoided in order to maintain the integrity of the Comprehensive Plan; 7) It would be doing a significant disservice to the people who purchased their properties based on this property being zoned rural residential; and 8) In looking at the soils map, the soils are severely restricted. In the third WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, ....and denies said amendment to the Comprehensive Land Use Plan. A public hearing was held. Motion carried on a 6-Yes, I-Absent (Squires) vote. This will be placed on the February 5, 1998, City Council agenda. 8:35 p.m. , J \ ) , 1 '0 . \ / Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 1998 Page 5 PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - ANDOVER COLLISION CENTER - 2384 136TH AVENUE NW - GREG LEE 8:35 p.m. Mr. Hinzman reviewed the request of Greg Lee for an Amended Special Use Permit to conduct used automobile sales at Andover Collision, Lot 1, Block 2, Andover Commercial Park. He noted the criteria to be used for review and the adjacent zoning and land uses. The Special Use Permit was approved on January 7, 1997, to allow an automobile repair facility. The used vehicle sales would be located along the western side of the property, adjacent to Crosstown Boulevard. Additional parking would be needed on the site if this is approved, but it appears there is room available on the east side where there is bituminous surface that isn't stripped. There are around 15 parking spaces there now. Mr. Hinzman also reviewed the conditions to be added to the Amendment if approved. Commissioner Gamache noted the letter of opposition from G & R Elevator Mfg., Inc., and asked if the City has made any statements or plans regarding these types offacilities in the commercial area. Mr. Hinzman stated that has been discussed, but there are no covenants in the Commercial Park. \ Motion by Luedtke, Seconded by Apel, to open the public hearing. Motion carried on a 6- Yes, 1- Absent (Squires) vote. 8:45 p.m. / Greg Lee 72] 6 78th Avenue Brooklyn Park - stated it is his intent to fix up a few cars and sell them as a supplement to his repair business. He has several dealer accounts, and he has to have a dealers license to buy their trade-in vehicles to recondition and sell. He would also like to have a loaner vehicle to serve his customers, and he needs a dealers license for that also. Selling used vehicles will not be his main business but would be used to supplement income when business is slow. He'd like to put a minimum offive cars along the west side of his property. There would be no sales people, just himself He does have the room for the number of cars he intends to have, but he would not want those cars behind a fence. Mr. Hinzman stated the original Resolution was subject to the parking requirement of Section 8.08; and at the end of each business day, the cars were to be kept inside or be fully screened from the surrounding properties. There have been no complaints regarding the business to date. Commissioner Apel asked if the cars would be moved behind the fence at the end of each day. Mr Lee - stated he intends to do that for security reasons, but it would be convenient to leave them outside on weekends. Commissioner Ape! did not have a problem ,vith the limited sales if the provision for screening at the end of each day was adhered to. Leaving the cars outside would detract from the neighbors to the west and probably would not be a good idea because of the fairly busy street. , / Mr. Lee - explained the criteria for a dealers license is to have a display area for a minimum oftive cars. That license is issued by the State. There would be no signs for used car sales, only a sign posted on the door with the business hours. His business hours are 8 to 5:30. Mr. Hinzman stated , \ ,....) \ o Regular Andover Planning and Zoning Commission Meeting / Minutes - January 27, 1998 Page 6 (Public Hearing: Amended Special Use Permit - Andover Collision Center, Continued) the original Resolution set hours of operation on Monday through Friday from 6 a.m. to 6 p.m. and Saturday, 9 a.m. to I p.m. Chairperson Peek thought the City has reinforced the policy of keeping vehicles out of the public view after business hours. He understands the intent of the request, but he wondered at what point is there an over intensification of use on such a small site. He did not think this is an appropriate special use for this site. Commissioner Gamache was also concerned with the development of the remaining part of the Park. He would be against adding auto sales in that area. Motion by Apel, Seconded by Luedtke, to close the public hearing. Motion carried on a 6- Yes, 1- Absent (Squires) vote. 8:55 p.m. AJotion by Apel, Seconded by Luedtke, to recommend forwarding to the City Council the Resolution as prepared by Staff amending the Special Use Permit for Greg Lee as presented because he is bound by his original Special Use Permit of the storage of vehicles. Motion carried on a 2- Yes (Apel, Luedtke), 4-No (Peek, Bany, Gamache, Wells), I-Absent (Squires) vote. This will be placed on the February 17, 1997, City Council agenda. , j SKETCH PLANS - ANDOVER PLANNED UNIT DEVELOPMENT - SECTION 22 _ CHESTERTON PARTNERSHIP and BURR OAK RUN - SECTION 22 - PILOT LAND DEVELOPMENT COMPANY Mr. Carlberg reviewed the Commission's direction to the Staff to review the Municipal State Aid designation through the vicinity of these proposed plats, the north/south outlets from each proposed. development, and the private versus public streets in the Andover PUD. The question of an MSA road through this area was discussed by the City Council at its January 20 meeting; and the feeling of the Council was that an MSA road is not needed. The Andover PUD development is intended to be an enclosed environment for seniors and empty nesters. The Commission asked what assurances the City has that the development will be restricted to senior citizens. Mr. Carlberg explained the developer cannot legally discriminate on the basis of age, and there was no restriction placed on the rezoning. So there is no guarantee this will be a senior facility. One way that it can be limited to a specific age group is with public financing, which is still open for discussion. Mr. Haas then reviewed the MSA requirements, the designation ofMSA routes through the City and the funding by the State. The City will have to revoke the designation through this area and redesignate it some where else. Several Commissions felt that people from the west will cut through the Andover PUD to get to the convenience center on the east, but they recognized it is a Council decision. Chairperson Peek felt it is critical to the Andover PUD development that the road is designed properly to handle the traffic. / Mr. Carlberg stated on the issue of public versus private utilities in the proposed Andover PUD development, the problem is one of maintenance. It is agreed by everyone that the sewer and water , , ) , , "J Regular Andover Planning and Zoning Commission Meeting Alinlltes - January 27, 1998 Page 7 (Sketch Plans - Andover PUD and Burr Oak Run, Continued) will be public utilities. In talking with other cities who have allowed private streets, the problem has been with construction and maintenance. If the streets are to be private, Staff is suggesting strong language be placed in the home owners association documents that monies will be set aside for the future reconstruction of those private streets. Also, the City should be inspecting the construction of the streets to be sure the City's standards are being met. Commissioner Apel was not in favor of private streets because they are normally for the developer's convenience. Commissioner Barry felt with the amount of traffic and the number of units, it would be in the City's best interest to have public streets. She wondered if the City would have the ability to review the finances of the association on an on-going basis to be sure the necessary funds are being accumulated. Mr. Carlberg stated the City would have to look into that. Commissioner Wells noted there is no guarantee that the funds would be available for the reconstruction in 10 or 20 years. lfnot, the owners will end up paying for them. Chairperson Peek suggested the roads be public but that a smaller easement or setback be negotiated so there is more land available for building. That way the roads would not be any narrower, just the dedicated right of way. Commissioner Apel stated when looking at the health, safety and welfare issues, it is best to have public streets. He did feel that the City should cooperate with the developer , .' on the setbacks, etc. Commissioner Barry felt the type of residents that will be in the development is too ambiguous at this point. lfit ended up simply being apartment buildings, private streets may be a concern. She too favored public streets. The other Commissioners generally agreed the streets should be public. Staff then noted the third issue involves additional outlets for the developments. The area north of the Andover PUD has only two high areas where a road could go through. There is a gravel City street, 157th, that could potentially extend to the north to Linet on the northern parcel, but the developer could be asked to sketch a proposed developed of that area to show compatibility with this development. The Commission had also asked the developers to look at another connection between the Andover POO and Burr Oak Run because an extremely long temporary cul-de-sac would be created in Burr Oak Run without another access to the Andover PUD near the western portion of the street. (Commissioner Wells left the meeting at this time, 9:36 p.m.) The Commission felt that access to the north from the Andover POO would not be necessary because of the ability to access that northern parcel from 157th to Linet and because of the large amount of wetland between this development and the northern parcel. The Commission did feel the developer should sketch a potential development for the northern parcel. They also recommended that a western connection be made between the Andover POO and Burr Oak Run because of the length of cul-de-sac in Burr Oak Run. -- Mr. Haas stated if the trail system is to be multi use, the minimum requirement is that it be 10 feet ",ide. The Commission didn't care whether the trails were public or private, but it was felt that there ) \ \_j Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 1998 Page 8 (Sketch Plans - Andover PUD and Burr Oak Run, Continued) needs to be more trails to adequately meet the needs of pedestrians and bikers within the development. They recommended to the Park and Recreation Commission that there be more developed spaces and trails. There was also some discussion on the street layout from Hanson Boulevard west to the commercial center in the Andover PUD and then south to access Burr Oak Run. It appears that area would be a bottleneck given the number of vehicles that would need to access and exit from that one location when both projects are fully developed, plus the traffic for the convenience center and the day care. It was the Commission's recommendation that the appropriate turn lanes and other safety factors on 155th which will access Hanson Boulevard be constructed immediately. They also suggested that the link between the two plats be moved even further west, to the west of the proposed day care center, to provide a full intersection with the road to the north within the Andover POO. It was felt that would provide a safer intersection both within the development and with Hanson Boulevard. In addition, it was suggested that a frontage road be constructed along the commercial center to limit access to the main road within the development and to provide some road system so traffic within the commercial center area is self-contained. / Leon Opatz, engineer for Burr Oaks Run, stated they will work with Staff and the Andover POO to get a connection between the two plats located to the west. They have talked to the school about an access point for a trail system from the Andover POO through Burr Oak Run to the Oak View Middle School. They are looking at where the best location will be. They have agreed to construct the trails along both Nightingale and Hanson Boulevard. He asked about a variance from the front yard setback to be able to save some of the trees along the back of the lots which border the school. The Commission was reluctant to grant a blanket variance. Staff stated they would look at custom grading with the developer, then determine if there is a need for variances on specific lots to save the trees. Merlyn Otto, representing the Andover POO, understood the MSA street appears to be a dead issue. They will be working with Burr Oak Run and Staff to provide an access for that development. Most likely it will be about 300 feet from Hanson Boulevard. He did not think it would be feasible to move that link even further west as proposed by the Commission, but they will look at it. He disagreed with the second access to Burr Oak Run to the west. The entire concept was to have a closed environment which was presented to the Council. They do not want to encourage additional traffic nor make it easy for others to come through the development. At this point they are not committing to that westerly connection to the south. They are in agreement with public sewer and water, but they would still prefer a private street system. He understood the concerns with maintenance. He felt any number of instruments can be used to assure the City that there will be adequate funds for maintenance and reconstruction of the streets. The trails are proposed to be multi use; some will be parallel to the street and some will be off street. There is very little of this development that is not accessible to the trail system. It will not be a problem to extend the trail to Hanson Boulevard. . '\ "J 'J '\ Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 1998 Page 9 (Sketch Plans - Andover pun and Burr Oak Run, Continued) There was some discussion on a traffic study of the impact these developments will have on Hanson Boulevard. Mr. Carlberg noted the Comprehensive Plan and amendments given to the Metropolitan Council includes traffic information which should be considered in their approval process. These sketch plans are to be reviewed by the City Council at their February 3, 1998, meeting. OTHER BUSINESS Mr. Hinzman reviewed the actions of the City Council at their January 20, 1998, meeting. Chairperson Peek declared the meeting adjourned at 10:20 p.m. ,I Respectfully submitted, ~\\\~:NGtUL . ~~lla A. Peach Recording Secretary