Loading...
HomeMy WebLinkAboutNovember 28, 1995 r--.... \.../ C) () 7:00 p.m. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. ~ ANDOVER. MINNESOTA 55304 . (612) 755-5100 ANDOVER PLANNING AND ZONING COMMISSION MEETING AGENDA November 28, 1995 1. .Call to Order 2. Approval of Minutes - November 14, 1995 3. Public Hearing: Special Use Permit - Home occupation in an Accessory Structure (store equipment and goods for overseas shipment) - 2648 South Coon Creek Drive - Alma Castro. 4. Public Hearing: . Lot Spli t - 14220 Crosstown Boulevard NW - Kenneth Borchardt and Alexander Ralston. 5. Discussion - Sketch plan - Section 15 - Avalon Homes. Discussion - Bituminous walkway/Bikeway Trail Requirements for New Developments. 7. Other Business 6. 8. Adjournment o o~~ IJIIJ-!C1S o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304. (612) 755-5100 . PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 28, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on November 28, 1995, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Randy Peek (arrived at 7:12 p.m.), Jerry Putnam None Assistant City Engineer, Todd Haas City Planning Director, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES November 14, 1995: Page 7, correct "Elaine Scofield". o MOTION by Jovanovich, Seconded by Putnam, approve the Minutes as corrected. Motion carried on a 5-Yes, I-Present (Doucette), I-Absent (Peek) vote. PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE (STORE EQUIPMENT AND GOODS FOR OVERSEAS SHIPMENT) - 2648 SOUTH COON CREEK DRIVE - ALMA CASTRO 7:02 p.m. Mr. Carlberg reviewed the request of Alma Castro to operate a home occupation in an accessory structure at 2648 South Coon Creek Drive. Mr. Renato Castro made the same request in 1993 but withdrew his application at the November 23, 1993, Planning and Zoning Commission meeting. At that meeting Mr. Castro indicated he was building a facility in Prior Lake and would.be switching the operation to that location. The City became aware he was still operating at 2648 South Coon Creek Drive and gave him the option of requesting a Special Use Permit again. It is basically a warehousing operation, and Staff is recommending denial of the permit believing the operation does not meet the intent nor the definition of the home occupation ordinance. Staff did receive one letter from a resident in support of the request. That resident is within 350 feet of the property. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. o Renato Castro. 2648 South Coon Creek Drive explained since his application in 1993, the 600 acres he purchased in Prior Lake has been developed. He did not pursue the application in 1993 because he was in the process of building a warehouse there. Mr. Castro explained the bulk of his business is shipping fertilizer, mostly from Arkansas; u o Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 ~~2 : ) , (Public Hearing: Special Use Permit/Home Occupation - 2648 South Coon Creek Drive, Continued) shipping water purifiers in Arizona and California and soft-serve machines in Iowa. Whatever is shipped in Minnesota amounts to about five percent of his business. Whenever he ships, it is directly from the manufacturer except for the used soft-serve ice cream machines and small printing machines. When he purchases some small machines, which is considered junk in the United States, he will store them in the warehouse in Prior Lake. Sometimes, however, he will purchase small machines from up north. Instead of driving 70 miles further to unload them in Prior Lake, he will unload them in his accessory building temporarily. When he's ready to ship them, he will bring them to Prior Lake and ship them from there. He has only shipped one container load from his business in Minnesota in the last three years. For the last seven years his family has been supporting families in the Philippines. Plus he supports an orphanage, which is also sponsored by other churches in Minnesota and Wisconsin. When the churches want to send donations to the Philippines, they bring the donations to his place on South Coon Creek Drive. He stores the donations in his pole barn. When he's ready to ship them, he will bring the cartons of used clothing, toys, blankets, beds, used typewrites, used duplicating machines, etc., to Prior Lake and have them shipped from there. Mr. Castro stated he never loads and ships anything directly from his home. His operation does not cause any increase in traffic. He uses his own utility trailer and van to move the items from his pole barn to the warehouse in Prior Lake. He doesn't store anything outside of the pole barn or on his driveway. All loading and unloading is done inside of his pole barn. .) Mr. Castro went on to argue he meets all of the criteria for a Special Use Permit. No trucks come to pick up items, so there is no effect on the traffic and noise. He spends about seven months a year in th~ Philippines, so there is very little activity. The fork lift makes less noise than a lawn mower. Nothing is stored outside, so there is no effect on surrounding properties. Occasionally there are cars in front when his children come home. He never stores large machines; there is nothing that is environmentally unfriendly. They are only light machines. In the last 24 years there has never been any accidents. He also presented a letter from the Flag of Nations, Inc., explaining his role in sending donations to the orphanage in the Philippines. In addition, he ships to other Filipino ministries in Honk Kong, Taiwan, Korea, Singapore, United Arab Emirates, Saudi Arabia. On occasion he will purchase used soft-serve ice cream machines, store them in his pole barn, then haul them to his warehouse in Prior Lake to ship overseas. He has three of them in his pole barn now. There is also a van, a utility trailer and a small fork lift in his pole barn, so there isn't much room to store a lot of other items. Mr. Castro stated they would like to continue using the pole barn for warehousing donations and small machines. He has 20 acres. He didn't 1 know why he would not be given consideration to use his pole barn for ,) humanitarian reasons and as a place to temporarily store some small equipment that he purchases from up north until he hauls it to Prior Lake for shipping. There are many trees on his property, and the pole o -J Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 3 ,J {Public Hearing: Special Use Permit/Home Occupation - 2648 South Coon Creek Drive, Continued} barn is 150 feet from the street. He does no shipping from this property. Generally the value of the small equipment being stored in the pole barn is less than $1,000. For the soft-serve machines, he contracts with McDonalds and Shakey's Pizza to lease the used machines in the Philippines. He also supplies them the mix from Iowa. Mr. Castro answered questions of the Commissioners, explaininq the inconvenience of taking the small used equipment directly to Prior Lake when it is purchased somewhere in northern Minnesota. The warehouse in Prior Lake is only 60x26 feet. When he has several machines in his pole barn, he loads them onto his utility trailer and hauls them to Prior Lake for shipping. He does not store large pieces of equipment in his pole barn, nor does he ship directly from there. Sometimes the items in his pole barn consist of 90 percent donations; sometimes it is 60 percent business. Within the last three years he has only purchased half a dozen soft-serve machines and some duplicating machines. He has three soft-serve machines left. Now he has a donated printing press. His pole barn is also a central location for the other ministries to send donations from St. Cloud, Maple Grove, Wisconsin, Champlin, which he collects and then hauls with his trailer to Prior Lake for shipping to the orphanages in the Philippines. ) Ancheta Monico. 2663 South Coon Creek Drive stated the City's ordinance does not mention warehouses. Mr. Castro refers to his pole barn as a warehouse, which is not a home industry. He objects to the request. He lives across the street and is most affected by the activities. He disagreed that the fork lift is quiet. The concern is also once the request is granted, the activities will expand and increase. He imagined that then large trucks would be coming in to haul things away. Mr. Monico stated Mr. Castro makes it sound like it is simple and humanitarian, but he contended it is not. He argued it is not once in six months or once in three months, and Mr. Castro will be able to do what he wants once this is approved. Mr. Castro - asked what is wrong with doing some humanitarian service for the people in the Philippines. Both he and Mr. Monico are Filipinos. If someone questions this, they can check with the Minnesota Department of Commerce, who has a record of how many container loads he shipped out of his place in Minnesota. They will find it is only one container load a year. All of his shipments are covered with some Letter of Credit or fronted by his company in the Philippines, and these are recorded in the State of Minnesota. The bulk of his business is six ship loads of fertilizer in Arkansas. He felt Mr. Monico's problem is personal and is jealousy over what he is doing. He no longer ships directly from his pole barn. MOTION by Doucette, Seconded by Luedtke, to close the public hearing. \ Motion carried unanimously. 7:45 p.m. ,) , "- ,.J v Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 4 '\ '. .J (Public Hearing: Special Use Permit/Home Occupation - 2648 South Coon Creek Drive, Continued) Commissioner Peek felt that whether or not the pole barn is used in a nonprofit situation, the arguments used two years ago are still applicable. By definition, warehousing is not included as a home occupation. He was present when this was discussed two years ago, and his opinion is the same. He would not be in favor of loosely interpreting the ordinance to include warehousing. Commissioner Apel didn't think the City could enforce any home occupation for storing goods for humanitarian reasons. It would be ridiculous to assume people are not storing some items in their garages. Some of that is warehousing. The two or three soft-serves Mr. Castro stores is insignificant. He felt the entire thing is a tempest in a teapot. It is not about warehousing; it is about a neighborhood feud. He didn't think the Commission should get involved. Two years ago Mr. Castro was asking for the storage of fertilizers and larger machines, but that is not the case now. He didn't think a Special Use Permit was needed; what Mr. Castro is doing is none of the City's business. Commissioner Jovanovich agreed with Commissioner Peek. There is an industrial district for warehousing. She disputed Commissioner Apel's comment that all people store things in their garages. J Commissioner Doucette is in favor of the Special Use Permit. She understood the concerns of Mr. Monico, but she would be willing to grant the Permit with restrictions. Those restrictions would include no warehousing at all outside and the value of small machines not to exceed $2,000. She recognized there is some warehousing of small businesses such as in Tupperware, Home Interiors, etc., where product is stored until distributed to customers. She believed in giving everyone a chance to succeed. The Permit would be valid for one year unless there are objections, in which case it can be reviewed again. Commissioner Putnam found this a completely different request than the one in 1993. That request wl~o store fairly large equipment with semi-trucks coming up once ~ three to six months. What is being talked about now is different. There are other people who have similar types of operations, storing small items. He'd be in favor of allowing this under a Special Use Permit, though he does tend to agreed with Commissioner Apel that a Permit really isn' t needed. The ordinance would need to be amended if the City is going to start issuing Special Use Permits for Tupperware, etc. '. j Chairperson Squires also felt this request is different from the one in 1993, but that difference only goes to looking at the criteria on whether it would pose a detriment to the neighboring properties and an effect on the public health and traffic. He felt the more fundamental question is whether this fits into the definition of home occupation. In looking at today's proposal, he felt the Commission would have to seriously look at the request in terms of meeting the criteria. He does have a problem with concluding that warehousing is in the definition of , \ \.J .' \ V Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 5 '\ \) (Public Hearing: Special Use Permit/Home Occupation - 2648 South Coon Creek Drive, Continued) a home occupation or that it correlates with one of the things listed. Personally, he couldn't make it fit. It may be different if the operation was exclusively for humanitarian reasons and not for business. Then a Special Use Permit probably would not be needed. Given the mix, Chairperson Squires felt the definition must be considered, and he didn't think warehousing fits as a home occupation. MOTION by Peek, Seconded by Jovanovich, to forward the draft Resolution in the packet to the City Council with the recommendation for denial. Motion carried on a 4-Yes, 3-No (Apel, Doucette, Putnam) vote. This will be placed on the December 19, 1995, City Council agenda. 7:55 p.m. PUBLIC HEARING: LOT SPLIT - 14220 CROSSTOWN BOULEVARD NW - KENNETH BORCHARD AND ALEXANDER RALSTON 7:55 p.m. Mr. Carlberg reviewed the lot split request to subdivide a lot into two parcels meeting the minimum requirements for an R-4, Single Family Urban zoned lot. He reviewed the applicable ordinances, noting Staff is recommending approval with two conditions. The applicants would be required to pay $400 park dedication fee. The area is served with City sewer and water, and an second stub was provided to the parcel when the utilities were installed. \ j Commissioner Peek asked if the sideyard setbacks to the house are adequate. Mr. Carlberg explained the setback requirements. The house does not have sliding glass doors to the south, so the minimum setback is 10 feet, which the proposed lot meets. This parcel was an exception to the Kensington Estates plat. The house and garage have been remodeled within the last few years. MOTION by Doucette, Seconded by Jovanovich, to open the public hearing. Motion carried unanimously. 8:05 p.m. Ken Borchard - stated the only other entrance to the house is between the house and the garage, and there is a small deck there already. MOTION by Peek, Seconded by Luedtke, to close the public hearing. Motion carried unanimously. 8:06 p.m. MOTION by Peek, Seconded by Jovanovich, to forward the draft Resolution to the City Council with a recommendation for approval. Motion carried unanimously. This will be placed on the December 19, 1995, City Council agenda. 8:07 p.m. DISCUSSION - SKETCH PLAN - SECTION 15 - AVALON HOMES \ \) Mr. Haas reviewed the proposed sketch plan of Avalon Homes for nine lots in an R-1, Single Family Rural Zoning District. The property is not currently located within the MUSA area, but it could be served in the , \ V (j Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 6 :J (Discussion - Sketch Plan - Section 15 - Avalon Homes, Continued) future with the gravity sanitary sewer system. The proposed Comprehensive Plan has the area slated for utilities in approximately 2010 to 2015. Staff is recommending the item be tabled until the developer can provide information on how the property to the west can be developed with streets and lots. Also, there is a Northern Natural Gas line through the property, and a letter will be needed from them as to what can and cannot be done within the easement. Commissioner Putnam was familiar with the property. There happens to be a large collection of Minnesota state flowers all along the swamp on the east side. He asked if there are regulations on disturbing that type of vegetation. It is one of the few places in Andover that has that vegetation. Mr. Haas did not know. Commissioner Putnam asked if the proposed east-west street will align with 157th Lane to the east. He didn't know that it would need to, thinking it would never be extended eastward to Hanson Boulevard because of the wetlands. Mr. Haas stated it is very close. They will review it and try to get it to align. \ \. J Commissioner Apel stated it is a nice piece of property but will be difficult to develop. Commissioner Doucette was concerned about developing this property into large lots when it is proposed for municipal utilities in 10 to 15 years. At the same time she is concerned with community services being able to grow along with the fast growth of the City. Mr. Carlberg stated the Council is meeting on the issue of externalities next week. Chairperson Squires noted the difficulty of properties that develop into larger lots when utilities are extended past them. It can be a barrier to the future extension of the utilities. However, these people have the right to do this. He felt the proposal is a reasonable layout. Ron Swenson. Surveyor - had concerns about the ordinance requirement to end the road at the property line. He was also uncomfortable with proposing a development on another parcel, as it is their choice how to develop. To extend the road means the existing house back there will not meet setbacks. Further Commission comments were a desire to see a proposal for developing the property to the west, that they are just looking for a best guess of how that property could develop, that the result may be that the road cannot be extended, and that there may have to be some mitigation if the wetlands cannot be avoided to provide access to the northern property. Mr. Haas noted the sketch plan will come back to the Commission once the developer has provided a layout of the adjacent property. , ) \. .J \:~ Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 7 , \.. ) DISCUSSION - BITUMINOUS WALKWAY/BIKEWAY TRAIL REQUIREMENTS FOR NEW DEVELOPMENTS Mr. Haas explained the Comprehensive Plan includes a trail network for alternatives modes of transportation. The City has not aggressively pursued that construction, but the Council has talked about including a trail network in its discussions on externalities. The Engineering Department is asking the Planning Commission to make a recommendation to the City Council on this issue. The Park and Recreation Commission has already talked about the issue and is generally in favor. The cost of the trail network would be borne by the developers. Concrete sidewalks would be a separate issue from bituminous walkways. The concrete sidewalks would be within the developments themselves. It is questionable whether they should be required in the 2 1/2 acre lots. Should concrete sidewalks be required on all streets or where the majority of the traffic is generated to get the pedestrian traffic off the streets? Bituminous pathways would be along designated trailways. The sections of the trail that are not constructed in conjunction with developments would need to be constructed by the City through the use of other funding sources. Ordinance 10 may need to be changed to require concrete sidewalks. Also, the Comprehensive Plan would have to be modified to include them. , } Mr. Haas noted the survey given to the Commission from the Engineer's Association of Minnesota on what various communities the size of Andover require. The Council is looking for a recommendation on both bituminous pathways and concrete sidewalks. Comments from the Commission were the concern that there must be a plan so sidewalks and pathways start and end at appropriate places, not in the middle of no where, and that the plan must be in place before it is implemented. It is a good idea to have a pathway system radiating from the community parks and schools to the developments so people are able to get to those facilities. All trails would need to be done to meet the ADA standards. There was a desire to see a color-coded map of the City on a proposal to get a better sense of what property is already developed, where the requirement would be imposed on future properties, and where there is a reasonable chance of being able to integrate a pathway system into a continuous system. From that, a policy can be developed as to what will be required of the developers knowing where the missing links are and how they will be dealt with. Another comment was on the safety concerns that sidewalks bring strangers into the neighborhood. / The general sense at this time was that sidewalks would not be put along all roads in a development. If sidewalks are placed within developments, probably just along the main streets, they should only be on one side of the road; although it may be more practical to have pathways on both sides of the major roadways like Hanson Boulevard and Bunker Lake Boulevard. It was also generally agreed that the sidewalks and pathways should be integrated into one system, with all constructed of bituminous. The system could be for walking, biking, cross-country skiing, etc. Possibly criteria can be established that a pathway would " t- \ ,-j \_) Regular Planning and zoning Commission Meeting Minutes - November 28, 1995 Page 8 ~ , (Discussion - Bi tuminous Walkway/Bikeway Trail Requirements for New Developments, Continued) be required along streets within subdivisions that meet or are anticipated to meet a specific traffic volume. Pathways would also be required on streets that provide a vital link to other pathways. To install sidewalks in an existing neighborhood, consideration should be gi ven to allowing the residents to vote in favor. It should not be mandated. Consideration should also be given to maintenance and replacement before any requirements are imposed. The Commission asked Staff to draft a policy on when sidewalks or pathways would be required within developments. Mr. Haas also noted that he will ask the Council's opinion on this item at the special meeting on externalities next week and bring that information back to the Commission. OTHER BUSINESS Mr. Carlberg reported the first meeting of the Task Force on the Definition of Family will be on December 6 at 6 p.m. Also, he received a letter from another resident interested on serving on that Task Force. The Commission agreed to appoint Tina Huber to the Task Force. i . / MOTION by Apel, Seconded by Luedtke, to so move. unanimously. Motion carried MOTION by Doucette, Seconded by Luedtke, to adjourn. unanimously. Motion carried The meeting was adjourned at 8:46 p.m. Respectfully submitted, ~c~><::1 k~~~lla A. Peach Recording Secretary