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HomeMy WebLinkAboutJanuary 28, 1997 ., \...) - \ ,-j " \ '-..J CJ 9~LUV () CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda January 28, 1997 Oak View Middle School 7:00 p.m. 1. Call to Order 2. Approval of Minutes - January 14, 1997 . . 3. Public Hearing Continued: Rezoning (REZ 96-05) - R-I, Single Family Rural to GR, General Recreation - Section 9 - JeffLeadens. 4.. Public Hearing Continued: Special Use Permit (SUP 96-27) - Golf Driving Range and Putting Course - 2989 - 166th Lane NW - Jeff Leadens. 5. Public Hearing: Special Use Permit (SUP 97-1) - Construct Accessory Structure Prior to Principal- 16473 Valley Drive NW - Michael and Susan Bleeker. 6. Public Hearing: Amend Ordinance No.8, Sections 4.11 and 7.03. Amendment Related to Relocation of Structures. 7. Discussion - Ordinance No. 200, An Ordinance Regulating the Moving of Buildings Over Public Rights-of-Way and the Placement on Parcels of Land. 8. Ordinance Review: Ordinance No. 22, Licensing of Contractors Ordinance No. 23, Regulating and Keeping of Equines Ordinance No. 24, Providing Salaries of the Mayor & Council Members Ordinance No. 26, Abolish the Position of City Clerk/Treasurer and Creating the Position of City Clerk and City Treasurer Ordinance No. 27, Street Name Change - Changing the Name of 169th Avenue NW to 1 69th Lane NW in Sylvester's Addition 9. Other Business 10. Adjournment .. \ J " .------- o o (j u () CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - JANUARY 28, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on January 28, 1997, 7:00 p.m. at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Barry, Mike Gamache, Jeffrey Luedtke, Jay Squires, Lorna Wells None Planning Intern, LaDawn Osmundson City Planning, John Hinzman City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES January 14, 1997: Correct as written. MOTION by Luedtke, Seconded by Barry, to approve the Minutes as written. Motion carried unanimously. PUBLIC HEARING CONTINUED: REZONING - R-1 SINGLE FAMILY RURAL, TO GR, GENERAL RECREATION - SECTION 9 - JEFF LEADENS 7:02 p.m. Mr. Hinzman reviewed the request of Jeff Leadens to rezone property located east of Round Lake Boulevard from R-1 to GR. The applicant is concurrently seeking a Special Use Permit to operate a golf driving range and putting course on the property. The southern portion of Lot 6 would remain R-1 for a homesite for the applicant. Access to the golf driving range would not be from 164th Lane. The property is surrounded by residential property on the east, south and west and vacant land to the north. It is not adjacent to a collector or arterial roadway, so traffic would enter along 166th Lane NW in Hunter's Hollow. The rezoning would lead to an intensification of the use that is inconsistent with the Comprehensive Plan because the property is designated for rural residential. There was a discussion on the permitted uses in a General Recreation zone, plus those uses allowed by Special Use Permit. The only other property zoned GR in the City is the Sunshine Park area south of City Hall. The only golf course in the City is Woodland Creek off South Coon Creek Drive, and Staff thought that zoning was R-4. MOTION by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7:15 p.m. , c , \, \ -.I l,J Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 2 \ ) (Public Hearing: Rezoning, R-1 to GR, Section 9 - Leadens, Continued) \, / John Pouchak. 16462 Bittersweet Court and Tom Widhalm. 2742 164th Avenue - addressed the Commission on their reasons for opposing the proposal. Mr. Pouchak stated they were not aware that only the northwestern portion of Lot 6 was included in the rezoning request. He presented a list of concerns of the rsidents of commercial property in a residential area, those being the potential for lowering property values, traffic problems through residential areas, increased noise pollution because of the traffic, and the possibility of any number of other uses on that property in the future once it is rezoned. At the time of the petition there was also concern of access to the commercial property from 164th, as they did not know about the partial rezoning of Lot 6. They understand there is not a lot of buildable area. When Hunter's Hollow was being developed, the residents had asked that the low area through there be considered as a wildlife area. The City has said it is too expensive to maintain many small parks. They are concerned with any expansion in the area and feel the development of that area has not been thought out. They have a petition opposing the proposal. They have substantial data from the county assessor's office that property values would be lowered, and the recommendation from the assessor's office was not to proceed with this. Realtors have told them the same thing. Also, this is outside of the Comprehensive Plan. There has been a lot of activity in the area with the construction of Hunter's Hollow, and they understand change. But they feel to expand the area to commercial activities would be very detrimental to their neighborhood. They called Great Northern Driving Range on Highway 65 to determine a typical day's activity. Great Northern has 16 to 20 stations, and this proposal is for up to 32 stations. They are estimating 585 cars would drive through the residential area on a typical day based on the golf driving range only. If other activities were added, traffic would increase accordingly. They were told when Hunter's Hollow was being proposed that the house values would be $300,000 to $400,000. This proposal would be a detriment to those types of investments because of the concern of what that land could potentially be used for in the future. Cvndv Hatlestad. 3021 164th Lane - felt the same way, especially about what could become of the property in the future. Mike ? . 2720 164th Avenue - felt another concern is the bright lights at night coming from the golf driving range. They live out in the country, and having thousands of watts of light would be detrimental. Mr. Hinzman explained no lighting is being proposed for the use. Stephanie Yant. 16489 Arrowhead - was the first one to move into the area when it was a deadend. Since the Leadens moved in, there has been a steady flow of trucks down the streets. She is concerned with any \, commercial use that would invite more traffic in and out of the I neighborhood plus additional noise. , ./ \. ) Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 3 ,I (Public Hearing: Rezoning, R-1 to GR, Section 9 - Leadens, Continued) Jeff Leadens - stated the trucks will continue if this is not rezoned to a golf driving range. Their proposal is to build their house on Lot 6, so there will be no traffic to the golf driving range from 164th Lane. It is a matter of having cars or trucks coming down the street. There is not quite enough property to have a 9-hole golf course. Traffic would only come through 166th, and those people buying the lots would be told about that. That was in the agreement with Gold Nugget when they developed Hunter's Hollow. MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried unanimously. 7:38 p.m. Mr. Hinzman explained that golf courses and golf driving ranges are treated differently. A golf course is a permitted use in the GR zone; a golf driving range is a conditional use. If rezoned, the Comprehensive Plan would have to be amended. Commissioner Wells stated she lives on the other side of Round Lake Boulevard and she is against this proposal. She feels this will only be a detriment to the area. She anticipated that the DNR would designate the ditch area a wetland. , / From a planning perspective, Chairperson Peek agreed with the comments of the neighbors. It doesn't make a lot of sense to landlock a commercial use surrounded by residents. It is not consistent with the Comprehensive Plan; and if it were rezoned, he felt it would have a negative impact on the neighboring area. He didn't know if the data presented was accurate, but there would be an intensification of traffic through the residential area where the roads are not designed for commercial use. He is not in favor of the rezoning. Commissioner Apel agreed. His main concern is with the broad rezoning and the types of uses that are allowed. This is not a good place for it. Commissioner Squires felt when looking at the standards, the anticipated traffic and the impact on Hunter's Hollow, the broad uses that would be allowed under that zone, plus that it is not consistent with the Comprehensive Plan, two of the four criteria to be considered are not met. It may even be spot zoning. Commissioner Luedtke would not be in favor of the rezoning. The other rezonings that have been approved have been consistent with the Comprehensive Plan. This is not. Commissioners Barry and Gamache agreed with the others. Mr. Leadens asked if the property could be rezoned to GR and the use be restricted to a golf driving range. The Commission and Staff explained that cannot be done. MOTION by Wells, Seconded by Barry, to forward a denial to the City Council based upon the criteria of the rezoning of the land. It does have what we feel is a negative impact on existing traffic conditions, property values, is against the Comprehensive Plan and based on the objections of the residents of the surrounding land. Motion carried unanimously. This will be placed on the February 18, 1997, City Council agenda. 7:55 p.m. , / '-) Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 4 \ / PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - GOLF DRIVING RANGE AND PUTTING COURSE - 2989 166TH LANE NW - JEFF LEADENS 7:55 p.m. Mr. Hinzman reviewed the request of Jeff Leadens to operate a golf driving range and putting course on property located east of Round Lake Boulevard on the existing Terry's Turf sod farm location. The existing building would be utilized for office and storage space, and the boxes would be constructed to the south, facing southeast. Fencing would be providing along the perimeter of the driving area, and the complex would not be lit. MOTION by Squires, Seconded by Luedtke, to open the public hearing. Motion carried unanimously. 7:58 p.m. Tom Widhalm, 2742 164th Avenue - turned in the petition opposing the proposal. MOTION by Squires, Seconded by Apel, to close the public hearing. Motion carried unanimously. 8:00 p.m. / MOTION by Apel, Seconded by Luedtke, using the Resolution provided by Staff, to deny the Special Use Permit request of Jeff Leadens to operate a golf driving range on the basis that they are recommending denial of the rezoning, that it would adversely affect existing and anticipated traffic conditions and it is inconsistent with the Comprehensive Plan. Motion carried unanimously. This will be_ placed on the February 18, 1997, City CounciJ agenda. 8:03 p.m. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT CONSTRUCT ACCESSORY STRUCTURE PRIOR TO PRINCIPAL - 16473 VALLEY DRIVE NW - MICHAEL AND SUSAN BLEEKER 8: 03 p. m. Ms. Osmundson reviewed the request of Michael and Susan Bleeker for an Amended Special Use Permit to construct an accessory structure prior to the principal structure at 16473 Valley Drive. The structure would be constructed of metal and utilized for storage of equipment and machinery. The Bleekers currently operate a commercial greenhouse on the property. She reviewed the ordinances and criteria to be considered, noting the City Council approved a Special Use Permit to operate a commercial greenhouse on the property in June, 1995. The Bleekers have agreed to build a principal structure within one year of the construction of the accessory structure. MOTION by Luedtke, Seconded by Gamache, to open the public hearing. Motion carried unanimously. 8:10 p.m. Sue Bleeker, 16473 Vallev Drive - stated they asked for a period of two years before they would have to build a house on the property. They would like more time to arrange for that construction. '\ , / MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried unanimously. 8:12 p.m. \. j' ,~) Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 5 / (Public Hearing: Amended Special Use Permit - Construct Accessory Structure Prior to Principal - Bleeker, Continued) Mr. Johnson noted Staff has received no complaints on the existing use. Some concern has been raised concerning the movement of dirt on the property, that is pushing and grading. That will be discussed with the property owners further to be sure there is no interference with the wetlands. Fill will probably be needed to establish a building pad, but the Bleekers are working with the Building Department to establish the pad for the principle structure. He noted the Bleekers are asking for two years to build the principal structure, but typically the City has only allowed one year. Commisisoner Wells wondered if this should be tabled until it can be determined that there is a buildable site for the principle structure. Mr. Johnson didn't think there would be a problem, though some fill may be needed. The Bleekers are working with the Building Department. In discussing condition 2 on the prepared Resolution, the Commission felt the wording needs to be changed to reflect the sunset clause. Mr. Johnson explained condition 5 is an agreement reached with the Bleekers that the greenhouses would be relocated to the rear of the house when the principal structure is constructed. Also, another condition could be added on a sunset clause for the accessory building, that construction shall begin within one year of approval of the Amended Special Use Permit. , .I MOTION by Squires, Seconded by Luedtke, to recommend approval of the Special Use Permit request in the attached Resolution with the deletion of the current #2 and inserting in its place a provision that simply states, "The construction of the principal structure must be initiated within one year of the granting of the Conditional Use Permit". Motion carried on a 6-Yes, 1-Abstain (Wells) vote. This will be placed on the February 18, 1997, City Council agenda. 8:25 p.m. PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 4.11 AND 7.03 AMENDMENT RELATED TO RELOCATION OF STRUCTURES 8:25 p.m. Mr. Johnson reviewed the proposed amendments relating to the relocation of structures. MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried unanimously. 8:27 p.m. There was no public testimony. MOTION by Wells, Seconded by Squires, to close the public hearing. Motion carried unanimously. 8:27 p.m. MOTION by Wells, Seconded by Luedtke, to forward to the City Council the zoning amendments as stated by Staff. Motion carried unanimously. This will be placed on the February 18, 1997, City Council agenda. 8:27 p.m. '-_oj <_J Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 6 " DISCUSSION - ORDINANCE NO. 200 - AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER PUBLIC RIGHTS-OF-WAY AND THE PLACEMENT ON PARCELS OF LAND Mr. Johnson asked for final comments on the draft Ordinance 200 regulating the moving of buildings before forwarding it to the City Council. The consensus of the Commission was to forward the ordinance to the City Council with a recommendation for approval. ORDINANCE REVIEW - ORDINANCE NO. 22, LICENSING OF CONTRACTORS Mr. Johnson stated the City Clerk and Building Department proposed no changes to this ordinance. The proposal is to update the language. Commissioner Wells suggested drywall contractors be licensed by the City. Commissioner Squires stated in 1974 the State precluded City regulation of some professions, which may pre-empt local licensing. He suggested Staff check with the State to be sure the City is still. allowed to license. Mr. Johnson stated he will check with the State and he will also check with surrounding cities as to whether or not they license drywall contractors. It was noted the word "conditional" should be corrected to "conditioning" in the title of Section 2. ORDINANCE REVIEW - ORDINANCE NO. 23 - REGULATING AND KEEPING OF EQUINES / Mr. Johnson explained the ordinance is working extremely well, and he explained the process used to regulate the keeping of equines in the City. Only minor language changes will be made. Chairperson Peek suggested input be received from the Equestrian Council before making any changes. Also, the spelling of "burro" must be corrected. ORDINANCE REVIEW - ORDINANCE NO_ 24 - PROVIDING SALARIES OF THE MAYOR AND COUNCIL MEMBERS Mr. Johnson stated no changes are being proposed. The ordinance will be renumbered. The Commission had no comment. ORDINANCE REVIEW - ORDINANCE NO. 26 - ABOLISH THE POSITION OF CITY CLERK/TREASURER AND CREATING THE POSITION OF CITY CLERK AND CITY TREASURER Mr. Johnson explained this needs to be maintained as a separate ordinance. The Commission had no comment. ORDINANCE REVIEW - ORDINANCE NO. 27 - STREET NAME CHANGE - CHANGING THE NAME OF 169TH AVENUE NW TO 169TH LANE NW IN SYLVESTER'S ADDITION Mr. Johnson explained the City must make street name changes by ordinance. He will be talking to the City Attorney about a proposal to create one ordinance for this which would be amended each time a street name is changed. The Commission had no comment. " '--.J ,~ Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 7 OTHER BUSINESS January 21 City Council meeting - Mr. Hinzman updated the Commission on the Council actions taken at the January 21 regular meeting. Rum River Central Regional Park - Mr. Hinzman explained the City has received an update of the plans for the Rum River Central Regional Park which includes the addition of a floating bridge that may be built to link Andover to the park and incorporating that bridge into the City's trail plan. This will be considered during the Comprehensive Plan update. Comprehensive Plan update - Mr. Hinzman stated a Task Force is being formed to update the City's Comprehensive Plan. He invited members of the Planning Commission to serve on that task force which is tentatively scheduled to meet on the second and fourth Thursdays, 7:30 p.m. Park and ride - to establish a Boulevard. From park and ride. City is taking Commissioner Wells asked if any progress had been made park and ride south of the landfill site on Hanson a planning standpoint, that would be a good area for a Staff explained that property is tax forfeit, but the steps to purchase it. Snowmobiles - Commissioner Wells felt there is still an issue with snowmobilers, though they have slowed down along Round Lake Boulevard. Mr. Johnson stated there have been increased patrols by the Sheriff's Department and the Andover Sno-Dragons Snowmobile Club which is starting to have an impact. MOTION by Luedtke, Seconded by Wells, to adj ourn. unanimously. Motion carried The meeting adjourned at 8:50 p.m. Respectfull '\\\ ~~_ CA Marcella A. Peach Recording Secretary "