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HomeMy WebLinkAboutSeptember 12, 1995 o 7:00 p.m. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 1. ANDOVER PLANNING AND ZONING COMMISSION MEETING AGENDA September 12, 1995 Call to Order 2. Approval of Minutes - August 22, 1995 3. Public Hearin~: special Use Permit - Liquor License - G-WlII Liquor Store - 139xx Round Lake Boulevard NW - WCR Liquors, Inc. ,-, 5. \..J 6. 7. 8. 9. o 4. Public Hearing: Special Use Permit Construction of Church - Lots 1 & 2, Block 2, Timber Meadows Third Addition - Hope Luthern Church. Public Hearing: special Use Permit - Area 1.0. Signs - Lot 8, Block 3, Foxberry Farms - Contractor property Developers Company. Public Hearina: Amend Ordinance No. 10, Section 9.07, Park De lcation Fees. Public Hearing: Metropolitan Urban Service Area 2020 Map. Other Business Adjournment .' (~ ~ ql~l.Plq5 o PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 12, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on September 12, 1995, 7:04 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. (. Commissioners present: Maynard Apel, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Catherine Doucette, Jay Squires City Planning Director,' David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES August 22, 1995: Correct as written. MOTION by Jovanovich, Seconded written. Motion on a 4-Yes, Squires) vote. by Luedtke, to approve the Minutes as 1-Present (Peek), 2-Absent (Doucette, ~J PUBLIC HEARING: SPECIAL USE PERMIT - LIQUOR LICENSE - G-WILL LIQUOR STORE, 139XX ROUND LAKE BOULEVARD/WCR LIQUORS, INC. 7:05 p.m. Mr. Carlberg reviewed the request of WCR Liquors, Inc., for a Special Use Permit to operate an off-sale liquor store at 139xx Round Lake Boulevard, Lot 1, Block 1, Andover Center Second Addi~ion. The proposal is to relocate the existing G-Will Liquor store at 14029 Round Lake Boulevard to this location. He reviewed the applicable ordinances and criteria to be examined. If approved, Staff is recommending four conditions to the Resolution. There is a correction in the last criteria of the prepared resolution, as it should state ". ..per Ordinance No. 56, An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor." Commissioner Jovanovich asked if a traffic light will be installed there. Mr. Carlberg explained the EDA approved the installation of a traffic light at 139th Avenue and Round lake Boulevard to be paid for by Rademacher and Associates and with TIF funds. At this time, however, the Anoka County Highway Department has denied those signals because it doesn't meet warrants. The county may consider lights there in the future as the area develops further and traffic increases. The lights at 140th will not be changed. () Joseph Nemo, Rademacher Companies, location is directly south of the northern most lot of the newly described as Lot 1, Block 1. They Inc. - explained the lot for the new existing location. It will be the platted Second Addition, legally have been in business since 1982. ( .' '\ l ' '-../ C) (- Regular Andover Planning and zoning Commission Meeting Minutes - September 12, 1995 Page 2 (j (Public Hearing: Special Use Permit - Liquor License - G-Will Liquor Store, 139xx Round Lake Boulevard, WCR Liquors, Continued) Commissioner Luedtke asked if there have been any problems with the existing permit. Mr. Carlberg stated the annual review gives the City and Staff the ability to review and take action if there are problems. He has not seen a problem in the five years he's been with the City. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7;14 p.m. Mr. Nemo - explained there will be parking in front of the new building. They are in the process of preparing a detailed site plan with their architect. This will be a free-standing building with more square feet than the existing one. The existing building will be retrofitted for other retail uses as a neighborhood center. Mr. Carlberg stated with the new construction, the intent would be to tie that whole patking area together. This use is in harmony with the City's Comprehensive Plan. (J In response to the concern of traffic raised by Commissioner Jovanovich, Mr. Nemo stated they were told once the property is developed, that intersection would meet warrants; but the county won't do anything until the development takes place on the property. MOTION by Luedtke, Seconded by Putnam, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7:20 p.m. Mr. Carlberg asked the Commission to discuss the timing of the switch from the existing facility to the new one. The Commission asked if 30 days from the issuance of the Certificate of Occupancy is sufficient time to move into the new building. Mr. Nemo - agreed with the Commission's suggestion on a condition of the Resolution that the Special Use Permit on the existing building would be revoked 30 days after the issuance of the Certificate of Occupancy of the new location, and under no circumstances could sales occur at both locations simultaneously. MOTION by Apel, Seconded by Jovanovich, that the Andover Pl~nning and Zoning Commission forward to the City Council the Resolution approving the Special Use Permit request of WCR Liquors, Inc., as presented by Staff with the corrections that Staff indicated on No.4, to correct Ordinance 8 to Ordinance 56 and strike "Section 56". Add No 5, the Special Use Permit will be effective upon the cancellation of the Special Use Permit at the present location, and that the organization be given 30 days to move their operation from the date of Certificate of Occupancy issuance, and in no way will any liquor be sold simultaneously out of both locations. A public hearing was held and there was no / '\ opposition. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) . , ~_/ vote. This will be placed on the October 3, 1995, City Council agenda. 7:25 p.m. , - \ U () Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 3 (J PUBLIC HEARING: SPECIAL USE PERMIT - CONSTRUCTION OF CHURCH, LOTS 1 AND 2, BLOCK 2, TIMBER MEADOWS THIRD ADDITION - HOPE LUTHERAN CHURCH 7:25 p.m. Mr. Carlberg reviewed the request by Hope Lutheran Church for a Special Use Permit to construct a church at l6lxx Round Lake Boulevard NW. Because both parcels will be used, the Commission should discuss whether there should be a replatting of the two parcels into one or whether an agreement of restrictive covenant on the parcels will suffice that the lots would never be sold separately. He reviewed the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. Mr. Carlberg stated the Council had looked at a PUD request for commercial on that corner, which was denied. The church will not be allowed direct access onto CoRd 9, so access must be on the side streets. Based on the hours of high use at the church, there does not appear to be a conflict of traffic patterns. He did not see a problem using existing neighborhood streets. There are few houses in the Timber Meadows Third Addition, and there are lights at the intersection of l6lst and CoRd 9. , -\ \.-J The Commission raised the question of the distance between the proposed location of the church and the existing liquor store on the northeast corner of the intersection of l6lst and CoRd 9. Mr. Carlberg stated that will be carefully reviewed prior to the Council meeting. The ordinance requires a distance of 400 feet from the church sanctuary, and it appears in this instance that the distance exceeds the ordinance requirements. Commissioner Apel suggested the legislation was probably to prevent liquor stores from establishing near churches. In this case it is the church building near an established liquor store. Acting Chairperson Peek asked if the distance does become a problem, is it appropriate to grant a variance. Mr. Carlberg stated the distance is a State law, and he did not know if a variance could be granted. He again noted that will be addressed prior to the Council meeting. commissioner Jovanovich noted there are a lot of wetlands. Will the church be responsible for their road? She is a member of this church and is familiar with the process to date. Because of that, she will not vote on this item. Mr. Carlberg stated the driveway will be the responsibility of the church. Through the site plan process, the wetlands will be addressed. Wetlands must be delineated and a permit issued from the Watershed. He understands there are no plans for educational facilities. If that is a request in the future, the Special Use Permit would need to be amended. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. 7:38 p.m. .' (J Lorna Wells, l68th - was concerned with a church on that property. They have a high tax base, it is a residential area, and a church would combine two lots into one. The church provides no tax base, meaning they will have to pay more. She's concerned that many churches in the area start day care centers to use their facilities more often and to cover costs, and there could possibly be a school. While she didn't , \ '----I () Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 4 \ ) (Public Hearing: Special Use Permit - Construction of a Church - Lots 1 & 2, Block 3, Timber Meadows Third - Hope Lutheran, Continued) object to those things, she felt this is a bad location for it. The traffic on Round Lake Boulevard is high speed, citing an example of going 70 mph and being passed by another car. People do not stop for the lights; it is very dangerous. It is by a liquor store. She felt the church needs to find another location where there is City sewer and water; there cannot be any more traffic in the area. Susan Beal, 3153 l64th Avenue - felt this would be a great pi ace for a church and she'd like to see it there. As a residential area, she felt there would be more traffic than as a church which is generally not open every day of the week. She didn't think the church is responsible for the way people drive on Round Lake Boulevard. She'd rather see a church on that corner than two or three houses as long as the driveway doesn't directly access Round Lake Boulevard. -, '.~ Russell Holm, 15600 Dakota, Church Buildinq Committee - knows about the traffic problem on Round Lake Boulevard. They have looked at all the angles of the driveway access. In talking with Anoka County, they will not be allowed to go out onto Round Lake Boulevard. They are planning on l62nd as the main exit with another one onto l6lst. Their concern with l6lst is the dip in the road west of CoRd 9 that could cause an accident, but they are still looking at that. They would like to see the two lots combined and the easements between vacated. There are no plans to develop educational facilities other than their Sunday school classes. In the distant future there may be discussions of connecting with Cross of Christ Church, which is an affiliate. Mr. Carlberg explained in recommending approval, the Staff looked at the church as being a buffer between the residential area and the heavy industrial area to the east. There have been complaints to~the north regarding the industrial area, and this would create a nice buffer. MOTION by Luedtke, Seconded by Putnam, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. 7:44 p.m. Acting Chairperson Peek's only concern is the proximity to the liquor store and the potential for an educational facility. The distance requirement would have a more significant impact. '~J MOTION by Apel, Seconded by Putnam, that this body send the Resolution to the City Council presented by Staff approving the Special Use Permit request of Hope Lutheran Church, with the Resolution as Staff presented it but add No.5, which would apprise people of making sure that the distance from the liquor store does not have a significant impact on whether or not the church or any educational use can be there. Add No. 6, that the easements between the two lots be vacated when they are put together as one parcel. DISCUSSION: Mr. Carlberg pointed out it is standard procedure to vacate easements when going through the replatting process. Motion carried on a 4-Yes, I-Present (Jovanovich), 2-Absent (Doucette, Squires) vote. This will be placed on the October 3, 1995, City Council agenda. 7:49 p.m. ,. () ~J 1 ! ;,) /' '\ U , " \.~ Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 5 ~. PUBLIC HEARING: SPECIAL USE PERMIT - AREA I.D. SIGNS - LOT 8, BLOCK 3, FOXBERRY FARMS - CONTRACTOR PROPERTY DEVELOPERS COMPANY 7:49 p.m. Mr. Carlberg reviewed the Special Use Permit request by Contractor Property Developers to erect an Area Identification sign at 14383 Eagle Street NW, Lot 8, Block 3, Foxberry Farms. The monument will sit on the front portion of the lot on the hill. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. The lot number in the first WHEREAS of the prepared Resolution should state "Lot 8, Block 3". A maintenance agreement will be required. There have been no problems with maintenance on other monument signs where such agreements have been required. There is also an agreement with the property owner and the developer to keep the sign up. It is a fairly large parcel, so there are no problems with the buildability of the lot because of the proposed monument. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote.~8:00 p.m. Pamela Bach, representinq Contractor Property Developer Company - stated they do not have a problem entering into a maintenance agreement with the City. In the declarations of restrictive covenants for Foxberry Farms, there is language for the entrance monument easement area and its maintenance. It names their company responsible for the maintenance for a period of ten years. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:01 p.m. MOTION by Jovanovich, Seconded by Putnam, to forward to the City Council the recommendation for approval of the Special Use Permit for Foxberry Farms sign with the correction of lot and block number in paragraph 2 as stated (Lot 8, Block 3) Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be placed on the October 3, 1995, City Council agenda. 8:02 p.m. PUBLIC HEARING: AMEND ORDINANCE NO. 10, SECTION 9.07, PARK DEDICATION FEES ~. 8:02 p.m. Mr. Carlberg explained the current fee for a lot split is $400 for each lot on which a new dwelling unit could be constructed. If property is platted, park dedication fees are calculated at 10 percent of the fair market value, which is considerably higher. At the request of the Park and Recreation Commission, the City Council has asked the Planning Commission to look at whether or not the $400 fee for lot splits should be changed. There have been about five or six lots splits each year for the last five years, plus some lot splits done by metes and bounds which are handled in-house by Staff. Staff has not recommended any language change. If the Commission is interested in a change, the item should be tabled and Staff would come back to the next meeting with some recommended language. The purpose of the hearing is to take public testimony to see if there is an interest. u CJ u ,- '\ '--J Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 6 (Public Hearing: Fees, Continued) Amend Ordinance 10, Section 9.07, Park Dedication Commissioner Apel stated at first the park fees for lot splits~' were $50. A few years later it went to $100 and then to $400. He found it hard to believe property values have increased four times since then. Park and Recreation Commissioner Dave O'Toole explained a resident who was platting property into several lots complained about the $10,000 park dedication fee stating if he had been allowed to split it into two lots, he would have paid only $400. The resident felt he was being treated unfairly because he developed rather than split the property. The Park Board is wondering what is the rationale for the $400 fee for lot splits and whether it also should be based on 10 percent of the fair market value of the undeveloped property. He disagreed with Commissioner Apel, thinking land values have increased four times since 1987. Mr. Carlberg stated the park fee for lot splits was increased to $100 and then to $200, now $400 before 1990. Commissioner Apel explained there is a difference between platting property and an individual landowner doing a lot split. He bought a lot 15 years ago for $12,500. It has not gone up four times since then, as he would not be able to get $50,000 for it now. He also argued that three different appraisers will give three different valuations depending on their point of view. He felt that 10 percent park fees for developers was too high and that the Park Board should not be increasing their revenues from the smaller land owners. A property owner does not have the same opportunity to recover costs as a developer does. He asked that the small property owners be left alone. With only six to eight lot splits a year, he thought this is a tempest in a teapot. Even with a change, it would generate about $2,000 a year, which is not enough to make a big impact on the decision making when it comes to revenue but does hit the pocketbook of the individual considerably. Commissioner Putnam agreed. The developers have more opportunities to recover their costs. He was also concerned with collecting fees a second time if larger platted lots are split. He felt the rationale of large developments impacting the park system requires a larger fee. Six potential households a year is not a big impact and the revenues don't need to be increased that much. Acting Chairperson Peek also thought the present fee makes economic sense. One is dealing with two different economies when platting or doing a lot split. Commissioner Luedtke stated he would not be in favor of changing it. MOTION by Apel, Seconded by Luedtke, to open the public hearing. carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:18 p.m. was no public testimony. Motion There " " MOTION by Apel, Seconded by Jovanovich, to close the public hearing. ,~ Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:18 p.m. u o Regular Andover Planning and zoning Commission Meeting Minutes - September 12, 1995 Page 7 (,J (Public Hearing: Fees, Continued) Amend Ordinance 10, Section 9.07, Park Dedication MOTION by Apel, Seconded by Jovanovich, that we advise the City Council that the Planning and Zoning Commission at this time feels there is no need for a change in Ordinance No. 10, Section 9.07. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. This will be on the October 3, 1995, City Council agenda. 8:19 p.m. PUBLIC HEARING: METROPOLITAN URBAN SERVICE AREA 2020 MAP 8:19 p.m. Mr. Carlberg explained another ten years has been added to the MUSA map. In determining the staging, Staff reviewed all requests received from developers over the years. This map is preliminary, as TKDA will be looking at the gross buildable acreage. Staff will be corning back with the specific properties at another hearing. This hearing is to get input from developers. The Council reviewed the map at their September 5 meeting. In addition to the five-year increments, they directed the Commission to determine criteria for staged development within those five-year time periods. He also reported the status of the discussions with the Metropolitan Council Staff on the on-site septic system inspections issue. The City will be participating in a pilot study to find out if there is a problem. \ ~ Mr. Carlberg also stated the MUSA area as shown is the extent of the gravity flow available from the Coon Rapids Interceptor. If development were to go beyond that, lift stations would be needed. There is some concern with the depth of the sewer lines for the gravity flow when it comes to maintenance. With lift stations, the lines would be shallower, and it would definitely change the urban development lines. The Council has been discussing externalities, looking at the ultimate development of the City; and those decisions will impact the MUSA line. MOTION by Apel, Seconded by Jovanovich, to open the publi~ hearing. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. 8:29 p.m. Commissioner Apel did not want to see individual property owners adversely affected with hugh assessments as a result of this plan, particularly those of in larger lots of 2 1/2 and five acres. That has been done in other cities recently and occurred in Watts Garden Acres 12 to 15 years ago where people purchased ten-acre parcels and then were looking at hugh assessments, forcing them to sell or develop. The City gave farmers a break many years ago so they would not be impacted by this. He thought the City and State have completely neglected the impact of sewer and water expansion on those people. Jerrv Windschitl, 3640 152nd Lane - thought that all of the properties in the 1 and 2 category, to the best of his knowledge, is by written . -\ request to the City for service. In most cases the trunk line is "_J sitting on the property, is adjacent to it, or is serviceable by laterals. He agreed that the City should not be forcing someone else out of their homes. However, some of the most vocal people opposed to the sewer extension are now submitting letters asking for the service. \, u () Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 8 (, - , . , '~.J (Public Hearing: Metropolitan Urban Service Area 2020 Map, Continued) Mr. Carlberg again noted TKDA will be looking at the buildable acreage, and then the map with the proposed amendment to the Comprehensive Plan will be reviewed again plus discuss the staging within the five-year time frames. Acting Chairperson Peek felt the forthcoming policy statement from the Council on externalities will have a major impact on this proposal. MOTION by Apel, Seconded by Putnam, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. 8:44 p.m. Staff will prepare the major amendment to the Comprehensive Plan and schedule another public hearing. OTHER BUSINESS Mr. Carlberg reviewed the City Council actions at its September 5, 1995, City Council meeting. (. MOTION by Luedtke, Seconded by Putnam, to adjourn the September 12 meeting. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. ..J The meeting was adjourned at 8:50 p.m. . Respectfully sUbmitted'L ~~~ Recording Secretary (, , " : ) '-'