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HomeMy WebLinkAboutAprill 12, 1994 j'--'\ \> () c) '- r~~ U ~ ~ I (j La I q~ C) .~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - APRIL 12, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on April 12, 1994, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bonnie Dehn, Becky Pease, Randy Peek (arrived at 7:14 p.m.), Bev Jovanovich, Jerry Putnam Becky Pease City Planner, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES March 22, 1994: Correct as written. MOT.TON by Dehn, Seconded 22, 1994, as presented. Peek) vote. by Jovanovich, approve the Minutes for March Motion carried on a 5-Yes, 2-Absent (Pease, PUBLIC HEARING: REZONING - REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL TO GR, GENERAL RECREATION - PART OF SECTION 22 - CITY OF ANDOVER Mr. Carlberg explained a meeting has been scheduled with City Staff, Mayor McKelvey, County Staff and County Commissioners to discuss this issue. He recommended the item be tabled to the next meeting so the results of that meeting are known before proceeding. MOTION by Apel, Seconded by Dehn, to so move. Motion carried on a 5- Yes, 2-Absent (Pease, Peek) vote. PUBLIC HEARING: SPECIAL USE PERMIT - CHURCH IN RESIDENTIAL DISTRICT - 16150 CROSSTOWN BOULEVARD NW - CONSTANCE EVANGELICAL FREE CHURCH 7:05 P.M. Mr. Carlberg reviewed the request of the Constance Evangelical Free Church to construct a church at 16150 Crosstown Boulevard, which is north, across 161st Avenue from their present location. He showed the proposed church layout with driveways off both Crosstown Boulevard and 161st Avenue. In examining the criter~ used in granting Special Use Permits, Staff found the church would have no detrimental effects and recommended approval with the conditions of an annual review and a one-year sunset clause. Staff will be reviewing the site plans to be sure all ordinance requirements are met. Mr. Carlberg also noted the location of the parking area surrounding the existing and future cemetery and the ability to expand the parking to the west in the future. There is ample room on the site for the proposed use. \ '0 u ,. \ / Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 2 (Public Hearing: Special Use Permit, Constance Evangelical Free Church, Continued) MOTION by Dehn, Seconded by Apel, to open the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Pease, Peek) vote. 7:12 p.m. Marv White, 971 161st Avenue NW - was concerned about the parking. Would they have concrete right up to her land? How are they going to accommodate that much traffic? Mr. Carlberg again noted the two entrances to the facility. There is no parking adjacent to her land, but there is the potential for future parking there. Setbacks from her property will be required, as the site plan will be treated as a commercial use. (Commissioner Peek arrived at this time; 7:14 p.m.) Ms. White - asked about the size of the church, questioning how it will fit on that property. Mr. Carlberg stated the building is proposed to be 25,000 square feet, and the size of the land should not be a problem. He noted the Special Use Permit deals only whether the church should be allowed at this location; the site plan itself will be handled by Staff / \ and the Review Committee. Chairperson Squires noted Ms. White I s 'j concerns over future expansion of the parking lot. Would that expansion be handled at the Staff level, or would a public hearing be held and neighbors notified? Mr. Carlberg noted an expansion of the church would require an Amended Special Use Permit, and neighbors would be notified of that hearing. Commissioner Dehn felt there would be room to expand the parking to the north. Mr. Carlberg stated the Tree Preservation Plan will be required to save as many trees as possible. All commercial screening requirements and setbacks would apply to the church. Commissioner Peek asked how the temporary buildings on the site impact the Special Use Permit. Mr. Carlberg stated the temporary classrooms on the existing site were to be removed in three years, and Staff will meet with church officials on that issue. That is not a part of this Permit request. The storage sheds on the new site are a part of the Special Use Permit. They would be allowed as long as they meet building codes and the requirements of the commercial site plan. If they do not meet those requirements, they will have to be removed. After further discussion, the Commission thought they were temporary buildings and felt they should not remain on site for more than three years. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:20 p.m. / \ _J MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission send to the Council a Resolution approving the Special Use Permit for the Constance Evangelical Free Church. The recommendations for a Special Use Permit should include caveats as follows: '\ J 4) 5) 6) 7) 8) 9) '\ / \_~~' :~ Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 3 (Public Hearing: Special Use Permit, Constance Evangelical Free Church, Continued) 1) 2) Special Use Permit shall be subject to an annual review and site inspection by Staff. Special Use Permit shall be subject to a one-year sunset clause as specified in Ordinance No.8, Section 5.03(0) unless a one-year extension is granted by the City Council. The two temporary structures shown on the plan shall have a standing life of three years only. At the end of the three-year period, they must be removed. Any expansion of the existing plans must be through an Amended Special Use Permit proceeding. There was a public hearing and was no COIT~ent either negative or positive. The Permit would have no detrimental effect on the health, safety, morals and general welfare of occupants of the community. The proposed use will not have a significant impact on exiting traffic conditions. The proposal will have no significant negative impact on property values in the area. The proposal will have no significant negative impact on the Comprehensive Plan. 3) Motion carried on a 6-Yes, I-Absent Staff will discuss the existing representatives before this goes to (Pease) vote. Mr. Carlberg portable classrooms with the Council on May 3. 7:28 stated church p.m. PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERMIT - 2855 161ST AVENUE NW - JIM GREEN 7:28 p.m. Mr. Carlberg reviewed the request for a Special Use Permit by Jim Green to mine approximately 31,000 cubic yards from property, PINS 16 32 24 24 0002 and 0003, to cut down a hill. Mr. Green does not know who will be conducting the mining activities, but any haul routes will have to comply with the provisions of the Resolution and the property owner will be held responsible. Staff recommends approval with the 12 conditions noted in the Resolution. Both property owners involved have signed the request. The City Engineering Department is reviewing the proposed grading plan. It is all sandy soil. The permit is a one-year permit with a one-year renewal, though the City can expand it to five years with yearly approvals. The Commission preferred the two years. The Commission discussed the required signage indicating trucks hauling and questioned whether something should also be placed at the intersection of l6lst Avenue and CoRd 9. Mr. Carlberg explained the temporary signs are to indicate the location of the driveway, and the county agrees with that. It is the responsibility of the owner to keep the county road clean and to water to control dust. Because of the distance to the signaled intersection, over one-fourth of a mile, he did not feel signs were necessary there nor would the county permit it. Flagmen would not be required; but if it becomes a problem, the City will look at it. , '\ ~ \ ) ~.~ j Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 4 (Public Hearing: Special Use Permit, Mining, J. Green, Continued) MOTION by Dehn, Seconded by Jovanovich, to open the public hearing at this time. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:42 p.m. Terrv Nuqent, 2837 161st Avenue NW, adiacent neiqhbor - was concerned about the hours of operation and what would be done about dust control. Last year he had to keep his windows closed all the time because Mr. Green was already moving dirt. Now he is looking at two to five more years of dust, which is not acceptable. He didn't see the benefits of removing that soil and is not in favor of it. Mr. Nugent expressed great frustration over this type of operation being allowed in a residential neighborhood. He did not anticipate having a mining operation next door and put up with blowing dirt in the summer when he moved there seven years ago. Jim Green, 2855 161st Avenue NW - would like to get the Permit. He thought the dirt will sell this summer. As soon as he can get the hill removed, he will be placing top soil, which he has just purchased, installing an underground sprinkler system and planting; and the dust will be eliminated. As it is, it is worthless to him with the hill and \ swale. There is no sense putting in a yard until the hill is removed. / He wants to make it a show piece for his business. MOTION by Peek, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:47 p.m. Chairperson Squires noted the hours of operation per the Resolution. In response to Mr. Nugent's concerns, Mr. Carlberg stated he would work with the applicant to keep the activities down, but there will be some blowing dust. The Resolution sets forth conditions to control the nuisances. The intent would be to get the seeding done as soon as possible. If there is a problem, Mr. Nugent was urged to call the City so it can be reviewed. Chairperson Squires noted some of these problems can be worked out if the two parties would get together to talk about them. MOTION by Apel, Seconded by Dehn, send to the City Council the Resolution approving the Special Use Permit request by Jim Green to mine soil from the property located at 2855 161st Avenue NW; amend the Resolution, Section 5, to add to the watering the roadway to control dust at dry times and to keep the CoRd 20 clean of debris and fill after hauling each day. Motion carried on a 6-Yes, I-Absent (Pease) vote. This will be forwarded to the May 3, 1994, City Council meeting. 7:50 p.m. I DISCUSSION - ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS Mr. Carlberg reviewed the comments made by the City Attorney and proposed changes to the ordinance. The Attorney has recommended that firearms not be exempted from the ordinance, but that they be allowed in / ' , \,-) / \ \....J .'-'1 . '---' Regular Andover Planning and Zoning Commission Meeting Minutes - April 12, 1994 Page 5 (Discussion - Ordinance Regulating Pawnbrokers, Secondhand Goods and Precious Metal Dealers, Continued) pawn shops and secondhand goods shops. The existing firearms dealer in the City would be grandfathered, becoming a lawfully existing nonconforming use, and would not be required to have a license. It would have to get a license, however, if it wished to expand or change its use. Three of these licenses would be issued in addition to the existing firearms dealer in the City. Those selling firearms would have to comply with both federal and city regulations. Page 4, licensed requirements, the Attorney had advised it is not discriminatory to limit the total number of licenses for pawnbrokers, secondhand goods and precious metal dealers to three. The licenses would be given on a first-corne, first-serve basis. Also, the Attorney did not see a problem with the investigation of an applicant prior to issuing a license. Page 8, Section C, 6, guns and firearms, will remain in the ordinance per the Attorney's recommendation. Daily reports will be required per Section 10. (\ Page 10, Section 17, 7, has been clarified to a "total combination of '.- J three pawnbrokers, secondhand goods dealers or precious metal dealers licenses..." Mr. Carlberg stated he also changed some of the ordinance in accordance with the State Commission when he did a page-by-page review. In reviewing such ordinances from other cities, no one had a bond requirement over $5,000, which is to cover the costs incurred by the City; and that is the amount still shown in the ordinance. In reviewing the exemptions in Section 3, the Commission agreed to eliminate Item A, 1, b, that the items offered for sale are owned by the occupant. Often items in garage sales are not owned by the occupant. The remaining items in that section would be re-lettered to b, c, and d. The intent of the new Item c would be that a license would be required if more than four garage sales at one place are held in any 12-month period. Prior to acting on this ordinance, the Commission agreed to conduct the public hearing of Ordinance 8, Section 7.03 to include the operation of pawnbrokers, secondhand goods dealers and precious metal dealers in the GB district. PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL - '\ USES - OPERATION OF PAWNBROKERS, SECONDHAND GOODS DEALERS AND PRECIOUS I METAL DEALERS IN THE GB, GENERAL BUSINESS DISTRICT 8:10 p.m. There was no public testimony. MOTION by Apel, Seconded by Dehn, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Pease) vote. 8:11 p.m. / \ ,-j " , I '-' \ J Regular Andover Planning and Zoning Commission Meeting Minutes - April 121 1994 Page 6 (Public Hearing: Amend Ordinance 8, Section 7.03, Special Uses _ Pawnbrokers, Secondhand and Precious Metals Dealers, Continued) MOTION by Peek, Seconded by Apel, that the Andover Planning and Zoning Commission forward to the Andover City Council the recommendation for approval of the amendment to Ordinance No.8, Section 7.03 as contained in the packet. A public hearing was held and there were no negative comments. Motion carried on a 6-Yes, I-Absent (Pease) vote. This will be placed on the May 3, 1994, City Council meeting agenda. 8:12 p.m. ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS, CONTINUED Mr. Carlberg advised the Planning and Zoning Commission recommend that the City Council adopt the proposed ordinance as included in the packet with Section 3, A, 1., b., removedi Section 5, d. 1., correct the last sentence to "Section 5(c) shall also applY."i Section 5, d. 2., correct the last sentence to "Section 5(c) shall also apply." MOTION by Dehn, Seconded Jovanovich, to so move. Motion carried on a 6- .. Yes, I-Absent (Pease) vote. This will be placed on the May 3, 1994, City Council meeting agenda. OTHER BUSINESS Mr. Carlberg informed the Commission of the actions taken by the City Council at their April 5, 1994, meeting on the various Planning Commission items. MOTION by Dehn, Seconded by Jovanovich, to adjourn. Motion carried on a 6-Yes, 1-.Absent (Pease) vote. The meeting adjourned at 8:16 p.m. Respectfully submitted, ~~~~ Recording Secretary , )