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HomeMy WebLinkAboutMarch 8, 1994 () o ~ 31~;1lq~ 8 ~. CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MARCH 8, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on March 8, 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Bonnie Dehn, Becky Pease, Randy Peek, Bev Jovanovich Maynard Apel, Jerry Putnam City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES February 22, 1994: Correct as written. MOTION by Peek, Seconded by Dehn, approval as presented. Motion carried on a 5-yes, 2-Absent (Apel, P'ltnam) vote. /, "'--./) PUBLIC HEARING: PRELIMINARY PLAT - TIMBER MEADOWS SECOND ADDITION, SECTIONS 8 AND 17 - WOODLAND DEVELOPMENT CORPORATION, INC. 7:02 p.m. Mr. Carlberg reviewed the proposed preliminary plat of Timber Meadows 2nd Addition, noting the comments and concerns of the Andover Review Committee. It consists of 37 rural single family residential lots. 'fhe Committee is concerned about the nine variances being requested in the plat. They would like to see a lot removed on each side of 163rd Lane NW and combine the Moe lot located in the southwest corner of 163rd Lane and Round Lake Boulevard with one of the lots from the development. The preliminary plat shows two sign easement locations. The City does not allow sign easements, and for the final plat those areas will be designated as monument sign locations. Lary Carlson, Woodland Development Corporation - stated the variances on the northern lots are the result of aligning lot lines with the plat to the north and to avoid the wetland and having to remove a lot of trees. Tree preservation is the same reason the lot lines were moved in the plat to the north. MOTION by Pease, Seconded by Dehn, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. .~ \...J Mr. Carlson - stated he could bring the lots to the north of 163rd into compliance by simply moving one lot line, but they have been requested by Staff to follow the center of the creek as the lot line. They agree with that proposal, but it leaves larger lots on the north side of the ditch. There is no shortage of the 39,000 square feet. They would prefer to leave the lot lines at the center of the creek with variances , \ ~) u , , Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 2 ) (Public Hearing: Timber MJedows Second Preliminary Plat, Continued) because of the natural features of the land, but they do not want to lose a lot. As a developer, he did not cause the problem with the Moe property, and he does not know how to correct it. It is outside of the scope of what they can do with the plat. If the Planning Commission did not wish to approve those variances, he requested that the two lots, Lots 3 and 4, Block 5, be made into an outlot until they can add it to the area below. Technically they do not own the 40-acre parcel to the south, but they have just signed a purchase agreement. Mr. Carlberg agreed technically the City cannot require the Moe lot to be brought into conformance by this plat. Commissioner Dehn asked about extending Narcissus to the south if that southern property is going to be developed. Mr. Carlberg stated that was discussed by the Review Committee but it was felt that extension is not needed. Mr. Carlson - stated at this time he did not know how Lots 3 and 4 of Block 5 would fit into the development to the south, and he did not know how the street pattern will evolve there either. They would like to look at those options rather than have the variances south of 163rd denied. r \ MOTION by Jovanovich, Seconded by Pease, to close the public hearing. '-~ Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. 7:20 p.m. The Commission was concerned about the many variances being requested as a part of the preliminary plat. The general consensus was the variances on the northern end would be acceptable to align with other lots and to comply with the Tree Preservation policies. However, they did not favor all of the variances along l63rd. It was suggested the developer look at the possibility of realigning lot lines to those lots north of l63rd to reduce the number of variances; but they agreed the lot lines should not extend beyond the middle of the creek. Staff was also asked to check with legal counsel before the City Council meeting as to whether an outlot would be allowed for those lots south of l63rd, which would later be developed with the property immediately south of this plat. Mr. Carlson - assured the Commission it would not be a lot remnant. If they could do nothing with it, they would plat it as an oversized lot; but at this time they would like to withhold those two lots to determine if something else can be done with that piece of land in conjunction with the property to the south. He also agreed to look at Block 4, Lots 7, 9 and 10, as to reconfiguring the lot lines to reduce the number of variances. \ ~ ) Except for the variances issues, the Commission felt the proposed plat is in order. They agreed with the variances to the north, that between now and the City Council meeting the developer would attempt to reduce the number of variances on Block 4 to two, and that options will be reviewed for Block 5 to eliminate the need for variances. Commissioner Dehn stated she would not vote on this matter since she is a neighbor to the proposed plat. , \ "'-_.J , \ o , "- ,-) Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 3 (Public Hearing: Timber Meadows Second Preliminary Plat, Continued) MOTION by Peekr Seconded by Jovanovich,r to recommend approval of the preliminary plat per the attached exhibit resolution with the following adjustments: In Clause No.1, delete "Block 4, Lots 7, 9 and 10 and Block 5, Lots 3 and 4". Item No.2, delete "and Block 5, Lot 4". Add Item 6, which is removing the designation of sign easement from the plat. Add No.7, which is to explore a revised layout for Block 4, Lots 7, 9 and 10 to reduce the number of required variances for lot area. Add No.8, which is explore alternatives to the development of Block 5, Lots 3 and 4, either look at outlot development or not subdividing this into two lots but treating it as one lot. Motion carried on a 4-Yes, 2- Absent (Apel, Putnam), 1-Abstain (Dehn) vote. This will be heard by the City Council on April 5, 1994. 7:35 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - AREA IDENTIFICATION (MONUMENT) SIGNS, TIMBERS MEADOW SECOND ADDITION - WOODLAND DEVELOPMENT CORPORATION 7:35 p.m. Mr. Carlberg explained the developer is requesting permission to locate two monument area identification signs to the proposed Timber " Meadows Second Addition. They would be located on Lot 18 at the \~ entrance to 166th Lane and on Lot 13 at the entrance to 163rd. The Andover Review Committee is recommending approval because it is in the rural area and the distance between the two roads is reasonable. The Commission noted the application asks for the signs on Block 2, Lot 5 and Block 4, Lot 13. Mr. Carlberg stated in talking with the developer, the request was for Lots 18 and 13. Only two signs will be allowed, one at each entrance; and it does not matter to the City which side of 166th the sign is on. Larv Carlson, Woodland Development Corporation - thought the request was for the southerly lot on 166th, that is Lot 18. Mr. Carlberg did not think there is a problem with the public notice since this is only a preliminary plat and the lot and block numbers are not yet legal descriptions. The sign locations are at the discretion of the developer, and they were trying to leave their options open. MOTION by Peek, Seconded by Dehn, to open the public hearing. carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. There was no testimony. Motion public MOTION by Peek, Seconded by Dehn, to close the public hearing. carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 7:44 p.m. Motion , 'i J There was continued discussion on the specific location of the proposed signs, with everyone involved agreeing to Lots 18 and 13 as noted in the prepared Resolution. Mr. Carlberg stated Woodland Development will then have to apply for a sign permit, after which Staff will review the specifics of the signs. Commissioner Peek felt that two signs would be appropriate because the two roads in the plat are divided by the creek. u '0 If they were collinear, he would not recommend two signs. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 4 ') ./ (Public Hearing: Timber Meadows Second Monument Signs, Continued) MOTION by Peek, Seconded by Jovanovich, to forward the draft Resolution contained in the Staff report on to the City Council with the recommendation for approval. Motion carried on a 4-Yes, 2-Absent (Apel, Putnam), l-Abstain (Dehn) vote. This will be heard by the City Council on April 5, 1994. 7:47 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - DRIVE-THRU WINDOW, McDONALDS - ANDOVER DOWNTOWN CENTER, McDONALDS CORPORATION 7:47 p.m. Mr. Carlberg reviewed the request of McDonalds Corporation for a Special Use Permit for a drive-thru window at 13735 Round Lake Boulevard, the corner of the Downtown Shopping Center. It would be located in the existing parking lot area on the northeast corner of the intersection of Round Lake and Bunker Lake Blvds. The restaurant is a permitted use in the district; the Permit is for the drive-thru window only. Staff requested a "Proof of Parking" to verify the parking requirements for the Downtown Center could be met. That proof was completed. Staff received several calls; most were inquiries and none were opposed to the request. Mr. Carlberg recommended Item 3 be added as a condition to the Permit, that being the standard sunset clause. ~.J MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 7:55 p.m. Garv Mever, McDonalds Corporation - explained the drive-thru window will be on the west side of the building, facing Round Lake Boulevard. The driving pattern will be from the north to the south. There will be a row of parking to the west of the drive-thru lane. The drive-thru area would be 10 feet and striped. He stated there is sufficient space for cars maneuvering in and out of the parking spaces without interfering with the drive-thru lane. Mr. Carlberg stated those items will be reviewed in detail during the site plan review. Mr. Mever - stated standard finish, restaurant. there will be a lot of glass on the exterior with the and it will look similar to the Brooklyn Park '\ "J Herb Bachern, McDonalds Corporation Real Estate Department - stated they are proposing to lease the site with an option to purchase in the future. They are leasing approximately 180 feet x 240 feet, which includes their parking. He raised the concern of the Permit being subject to an annual review. It is important that they get a Permit that they can rely on, as 51 percent of their business is through the drive-thru. There are no free-standing restaurants without drive-thru windows; the public expects them. He asked about the criteria for the annual review. Mr. Carlberg did not foresee any problems with the permit, but is a standard clause that gives the City the mechanism to deal with any problems that may arise. It allows the City and McDonalds , \ U " \ ''-J Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 '\ Page 5 j (Public Hearing: Special Use Permit, Drive-Thru, McDonalds, Continued) Commissioner Dehn raised the issue of foot traffic coming from the main entrance of the shopping center conflicting with the traffic of the restaurant. Mr. Meyer - stated there will be gO-degree parking stalls, and there will be a point during the peek drive-thru hours where cars will merge. That hasn't been a problem in other areas. This system will utilize the face-to-face ordering system; there will be no electronic communication system. Commissioner Peek asked if McDonalds Corporation proposed to develop additional parking lot landscaping to channel traffic and enhance the area. Mr. Meyer - noted the green areas and the boulevard areas. They like to set themselves aside with landscaping. Mr. Carlberg did not think landscaping would be an issue. That is one item that will be addressed in the commercial site plan review. .' \ ,~ Mr. Chapman - felt that the location of the building will intrude in the setbacks of the area and will sit out on that corner. Chairperson Squires noted it is a permitted use at that location. The issue this evening is permitting the drive-thru window. The Commission suggested he meet with Mr. Carlberg regarding the criteria for commercial site plans. Commissioner Jovanovich had originally thought the drive-thru window was going to come from the shopping center, and she was concerned about the traffic in the parking lot. She researched other similar situations and found no problems. She felt this will draw more people to the shopping center and that it is really needed. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing at this time. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. 8:16 p.m. The Commission noted the biggest concern would be the traffic flow. Commissioner Dehn stated the restaurant in Brooklyn Center is also adjacent to a shopping center, and she has experienced no problem whenever she has been there. Commissioner Jovanovich asked if the Downtown Center sign will be moved. :_J Steve Dombrowski, Sundial Realty Services has taken over the management of the Downtown Center and pursued discussions with McDonalds to come here. They have not finalized the sign location, but it will have to come down from its present location. At this point they are looking at converting the Downtown Center to a strip center and expanding the grocery store. They have not determined if the Downtown Center sign will remain, let alone the site. The Commission questioned the use of the Special Use Permit that exists on the property allowing special events. \......) \ \..J special events. Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 6 ; / (Public Hearing: Special Use Permit, Drive-Thru, McDonalds, Continued) Mr. Dombrowski - stated they will be looking at a reduced amount of activities. He also noted that the building will not be as close to the streets as it looks. The green space will be much more appealing than what is there now. Mr. Carlberg stated the Special Use Permit allows them to have some events in the parking area. With the reduction of the parking area, he felt the Permit should be re-evaluated as to what uses should be allowed. If it becomes a problem, the City can begin the revocation process of that Permit. Mr. Dombrowski - stated McDonalds will be leasing the area where most activities now take place. They would have to use another location if outdoor activities were scheduled. Chairperson Squires stated the area is zoned for this user and he didn't think the traffic with the drive- thru window would be a problem. MOTION by Dehn, Seconded by Jovanovich, that we forward the Resolution stated, including Item No.3 regarding the sunset clause as presented by Staff, to the City Council; noting that a public hearing was held. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. This will be forwarded to the April 5, 1994, City Council meeting. 8:24 p.m. , ) PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT, BLAKE CONSTRUCTION (PAUL BLAKE), SECTION 15 8:24 p.m. Mr. Carlberg reviewed the Amended Special Use Permit request of Blake Contracting for a mining permit at 16422 Hanson Boulevard. The company was granted a Special Use Permit in July, 1990, to mine a maximum of 38,000 cubic yards of soil. Mr. Blake asked to renew the mining permit last month because he had not removed the maximum cubic yards. In reviewing the renewal, Staff discovered the final grading plan approved by the City was not followed, plus a number of new ponds have been created which are now classified as wetlands under the new wetlands legislation. Based on those facts, Staff recommended Mr. Blake apply for an Amended Special Use Permit and asked him to submit a revised final grading plan for City approval. The amended permit would be for the mining of a maximum of 38,000 cubic yards of soil, subject to a annual review and not to extend beyond two years. Mr. Blake has submitted a copy of a grading plan for the Engineering Department to review. \ j Commissioner Peek questioned how the City can grant an amended permit when the old permit expired in 1992. Mr. Carlberg stated the amended permit basically allows Mr. Blake to complete what he was allowed to do with the original permit with the exception of a revised grading plan. Staff has discussed the new regulations with Mr. Blake, who now understands the importance of following the approved grading plan and the penalties involved for not doing so. Mr. Blake will also have to apply to the Lower Rum River Water Management Organization for a permit. The City will be sure that he complies with the regulations. \ , J '. ...J f \ "- ) '----' r , '-) Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 7 (Public Hearing: Special Use Permit, Mining Permit/Blake, Continued) MOTION by Dehn, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. 8:34 p.m. Paul Blake, Blake Contractinq - stated he did not want to do more mining until he had a current permit. He has removed only 15,000 cubic yards of soil and stockpiled it on sand on high ground to let it dry out. Then he put it on yards. Right now there is about 100 loads sitting there. Everything is graded except for the pile of dirt. Mr. Carlberg felt that Mr. Blake now understands the process and will comply this time. There are different regulations since the first permit was issued in 1990. Mr. Blake - stated no water flows into that land. It is farmland; and all of the ditches are plugged so the land is now under water. Mr. Carlberg noted the wetland legislation now affects that standing water. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on as-Yes, 2-Absent (Apel, Putnam) vote. 8:40 p.m. I Commissioner Peek was still confused with the ability to grant an ~ / amended permit when the original one expired. Mr. Carlberg stated he will check with legal counsel, but he knows it has been done in the past. Chairperson Squires felt the proper procedure would be to table the item until they receive a legal opinion on granting an amended permit. Mr. Blake agreed to the delay, stating he would not start digging until next winter. Mr. Carlberg stated if the item is tabled, there is no need to reopen the public hearing. The Commission also recommended the Resolution clearly state a maximum of 38,000 cubic yards, not that in addition to the 15,000 cubic yards already mined. MOTION by Dehn, Seconded by Peek, move that we table this item until Staff consults legal counsel with regard to the Special Use/Amended Special Use Permit issue. Motion carried on a 5-Yes, 2-Absent (Apel, Putnam) vote. The item will be placed on the March 22, 1994, Planning Commission agenda. 8:44 p.m. DISCUSSION - PAWNBROKERS AND SECOND HAND GOODS DEALERS (PAWN SHOPS) ORDINANCE and PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03 Mr. Carlberg recommended the final two items be tabled to the next meeting, March 22, to get a legal review on the ordinance. , \ --) MOTION by Dehn, Seconded by Jovanovich, to so move. a 5-Yes, 2-Absent (Apel, Putnam) vote. Motion carried on . '\ ; , \_-' ( \ J '-" Regular Andover Planning and Zoning Commission Meeting Minutes - March 8, 1994 Page 8 OTHER BUSINESS Mr. Carlberg updated the Commission of the City Council actions on various planning issues taken at the March 2, 1994, regular meeting. MOTION by Dehn, Seconded by Jovanovich, to adjourn. a 5-Yes, 2-Absent (Apel, Putnam) vote. Motion carried on The meeting was adjourned at 8:55 p.m. Respectfull~ s~itted, L ~{\~Cc~ Marc~a A. Peach Recording Secretary . \ \ ) , )