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HomeMy WebLinkAboutJune 11, 1991 o o o o o CA CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE 11. 1991 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on June ii, 1991, 7:30 p.m., at the Andover City Hal I, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel: Bonnie Dehn, Steve Jonak, Marc McMullen (arrived at 8:47 p.m.> Becky Pease, Bev Jovanovich City Planner, David Carlberg: and others Commissioners absent: Also present: APPROVAL OF MINUTES May 26, 1991: Page 3, last paragraph, correct to: "...property address is south of 14433 Hanson." Page 5, the fourth condition to read: "The sign shall be located..." Page 6, last paragraph, correct to: "Mr. Carlberg informed the Planning and Zoning..." MOTION by Dehn, Seconded by Jonak, approval as amended. VOTE ON MOTION: YES-Dehn, Jonak, Peek: PRESENT-Apel: ABSENT-Pease, Jovanovich, McMullen. Motion carried. PUBLIC HEARING: SPECIAL USE PERMIT - ROBERT & KATHY DeBOER/KENNEL LICENSE Mr. Carlberg reviewed the application for a Special Use Permit by Robert and Kathy DeBoer, Abbey Road Kennels, 4180 165th Avenue NW, to operate a kennel. The applicable ordinances are Ordinance 8, Section 5.03 and Ordinance 8, Section 7.03. The Staff is recommending approval of the permit with the condition of an annual review and a limitation on the number of dogs Bob DeBoer - moved here from Minneapolis in March and has three St. Bernard working and show dogs. They converted a 30x30-foot building and added four runs that are 8x36-feet long. They anticipate no more than four or five adult dogs, with the exception of liters. They also plan to breed and do carting and sledding. Mr. DeBoer stated they have no problem with limiting the kennel to eight dogs, as they don't have room for more than that and they do not plan to add onto the structure. He didn't think there has been a problem with noise from his dogs. Mr. Carlberg advised that adult dogs are considered six months or older. The hearing was then opened for public testimony. u u Planning and Zoning Commission \ June 11, 1991 - Minutes ,) Page 2 (Public Hearing: Special Use Permit - DeBoer/Kennel License, Continued) Bob Johnson. 4224 165th Avenue - lives next door to the west, about 100 feet from the DeBoer's home. He felt there could be a lot of objections to the proposal because of the noise and potential devaluation of his property. There is a little noise problem right now, as he has heard dogs barking constantly. He feared that by allowing eight dogs plus litters, it will create a lot of noise. They also have a lot of wildlife, having fed deer every winter for the last 15 years, which may be scared away by the barking dogs. Mr. Carlberg stated at the time of review, if there are complaints, the City has a procedure to revoke the permit. Chairperson Peek noted that the kennel is on the opposite side of the property from Mr. Johnson's house. Bud Holst. 4276 165th Avenue - asked about the current zoning and whether a kennel license is allowed. Without the kennel license, how many dogs are allowed? Chairperson Peek explained it is an R-l zone in which a kennel is allowed by Special Use Permit. Three dogs are allowed without a permit. . , Mr. Holst - was concerned about what might happen to the wIldlife. They have air conditioning but can sometimes still hear barking, and they are further away from the DeBoers than the Johnsons. Noise has oniy been a problem the last couple months when he's had an occasion to be outside. His concern is what may happen. If he had a chance to vote, he wouid vote against the permit. , ) John Hunt. 16200 Vallev Drive - was also concerned about the noise, the value of the land and the wiidlife. He'd rather not have that kennel. He has heard barking but has not been bothered by it. If more dogs are brought in, the matter could get worse. Mr. DeBoer - stated he too is concerned about nature and wildlife, and he also has deer in his yard. Their dogs are either in the kennel, on a leash or in carts. They are not allowed to run loose, stating most dogs in that area are not ieashed. When their dogs bark, they try to quiet them down. The kennel is insulated on the walls and ceiling, and the dogs don't even hear when someone comes in their yard. He has heard other dogs barking incessantly in the neighborhood. There being no further testimony, Chairperson Peek asked for a motion to close the public hearing. MOTION by Dehn, Seconded by Jonak, to so move. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak; ABSENT-Pease, Jovanovich, McMullen. Motion carried. , ,~ Though the Commission recognized the concerns of the neighbors, it was felt that the DeBoers should be given an opportunity to operate the kennel; and if there is a problem, there is a procedure to revoke the permit if necessary. o u ~ ) Planning and Zoning Commission June 11, 1991 - Minutes Page 3 (Public Hearing: Special Use Permit - DeBoer/Kennel License, Continued) MOTION by Apel, Seconded by Jonak, that the Planning and Zoning Commission recommend to the City Council that the City Council issue the Special Use Permit requested by Robert and Kathy DeBoer to operate a kennel at 4180 165th Avenue NW, PIN 18 32 24 11 0002. I do so based upon Ordinance No.8, sections regulating the type of activites, Section 5.03, and Section 7.03. In granting the Special Use Permit, we do and must take into consideration the criteria that Mr. Carlberg mentioned earier, that being the effect of the proposed use upon the health, safety, morals or general welfare of the community. I don't feel there has been any established fact .that this would cause any ill effect upon this. It certainly won't impact in any adverse manner the traffic conditions. I don't really think that it will affect the values of the property. It certainly has no bad effect on the proposed Comprehensive Plan. , , ~) However, in issuing the Special Use Permit, we should add some conditions, that the Special Use Permit will be subject to an annual review by Staff, that the Kennel License will be subject to an annual review, and the number of dogs allowed will be limited to eight dogs over the age of six months of age. Note that there was a public hearing held; and that of the adjoining neighbors, the majority did speak in opposition. With the issuance of this permit, it behooves the people holding the permit to talk to the neighbors and be aware of the problems they may be causing. No boarding for the purposes of revenue producing be allowed. VOTE ON MOTION: YES-Peek; McMullen. Motion carried. Council on July 2, 1991. Apel, Dehn, Jonak; ABSENT-Pease, Jovanovich, The item will be heard by the City Hearing closed at 7:56 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - DAHL AND ASSOCIATES/CONSTRUCT PRODUCT RECOVERY BUILDING. 3118 162ND AVENUE NW The hearing opened at 7:56 p.m. Mr. Carlberg reviewed the request of Dahl and Associates to construct a 10x16-foot accessory building on 3118 162nd Lane NW, Hughes Industrial Park, property owned by Ace Solid Waste, Inc. The purpose was originally to be a prOduct recovery building, though to date there have been no contaminates found on site. At this point it will be used for ground water purification. Ordinance No.8, Sections 5.03 and 7.03 are to be applied. Staff is recommending approval. It is a permanent structure, but it will be removed when the cleanup is completed. The structure will also meet the requirements of Ordinance 78 for commercial structures. \ , / ROQer Axel. Dahl and Associates - explained they are an environmental consulting engineering firm out of St. Paul. They u r ' u Planning and Zoning Commission June 11, 1991 - Minutes Page 4 ,-J (Public Hearing: Special Use Permit - Dahl and Associates/Construct Product Recovery Building, Continued) work with the Minnesota Pollution Control Agency. After invesgitation, they submit a report to MPCA, who approves of their proposal for the product recovery. They have been hired by Ace Solid Waste to clean up the site. This afternoon he found out they will just be dOing a ground water purification system, rather than product recovery, which is recovering the petroleum products that may be below grade. At this time they have only determined that only a ground water purification is needed. The building is reinforced concrete, which gives a two-hour fire resistance, located approximately one or two feet from the existing building, depending on what the Building Department wants them to maintain for clearance. The only hazard would be the impact from a vehicle hitting the building. The building is designed to do product recovery if contaminates are found. ": ,_ J Mr. Axel also explained the procedure for the removal of product if it is encountered and the purification of the water. When the containers are filled with the extracted contaminates, the product is moved to an MPCA approved site. MPCA dictates what happens at every phase. The Special Use Permit Is for the building. It wil I be on site until the ground is free from contaminates, then the building will be removed within 60 days; and the test wells will be capped according to State regulations. Though Mr. Axel couldn't give a time frame for the project, he estimated it could take as long as four or five years. He also stated that the City will be kept informed as to what is taking place out there at all times. There being no public testimony, Chairperson Peek asked for a motion to close the public hearing. MOTION by Dehn, Seconded by Jonak, to so move. Motion carried on a 4-Yes, 3-Absent (Jovanovich, Pease, McMullen) vote. MOTION by Dehn, Seconded by Jonak, to recommend to the City Council approval of a Special Use Permit requested by Dahl and Associates to allow for the construction of a 10x16-foot accessory building for ground water purification process and/or potential product recovery purposes at 3118 162nd Lane NW, PIN 16 32 24 23 0003. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: The use will not be detrimental to the health, safety, morals or general welfare of the community. This use will not cause serious traffic congestions or hazards. This use will not depreciate the surrounding property. The use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03, Residential Districts. '\ j ; '\ : ) '-- u Planning and Zoning Commission June 11, 1991 - Minutes " ) Page 5 :J "\ ,~ <Public Hearing: Special Use Permit - Dahl and Associates/Construct Product Recovery Building, Continued) <Motion continued) The permit would have the additional condition that if contaminates are found, the City will be notified by Dahl and Associaites. Also, the permit will be reviewed annually by Staff. A public hearing was held and there was no opposition. A condition to be added that the building be removed 90 days after the approval of the site by Minnesota Pollution Control Agency. The building has to meet the building and site codes according to Ordinance 78. Add a one-year sunset clause on the construction of the building. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak; ABSENT-Pease, Jovanovich, McMullen. Motion carried. The item will be heard by the City Council on July 2, 1991. Hearing closed at 8:17 p.m. PUBLIC HEARING: DOWNTOWN CENTER FACILITY SPECIAL USE PERMIT - RICHARD REISCHEL. ANDOVER - LIQUOR LICENSE FOR FULL SERVICE RESTAURANT/BAR The hearing was opened at 8:17 p.m. Mr. Carlberg reviewed the request of Richard Reischel of a Special Use Permit for a liquor license to operate a full-service restaurant/bar in the Andover Downtown Center, Suites #104 through #106. He is also planning to have a a small dancing floor and music by a DJ. Mr. Carlberg reviewed the applicable ordinances, Ordinance 8, Sections 5.03, 7.01 and 7.03. The Downtown Center has 670 parking places, which is more than is required. The ordinance requires an establishment such as this to have 166 parking spaces. According to those calculations, Staff feels there is sufficient parking spaces to meet the needs of this business. It is also expected that the business will provide 75 Jobs in the City, and it is anticipated that most of those employed will be Andover residents. The Staff is recommending approval of the request. Richard Reischel - stated he's been an Andover resident since 1989. He's spent about 4,000 hours on this project, working exclusively on it for the past two years, and has reached an agreement with Andover Limited Partnership regarding a restaurant/bar in the Downtown Center. It will be an All-American full service bar, restaurant, and neighborhood gathering place with American casual-type food that will be appealing to all ages and to all types of people. Mr. Reischel went into great detail regarding his proposal as outlined in a written document which was presented to the Commission. The main emphasis will be on the restaurant, as he will be bringing in a very restaurant oriented management team. He had originally wanted to serve breakfasts, though at the present time there is some opposition to that. The dance floor will be small, but it is something that is needed in order to keep the late-night traffic and to compete with , \ ~) , " ~ , ) Planning and Zoning Commission June 11, 1991 - Minutes Page 6 (Public Hearing: Special Use Permit - Richard Reischel, Andover Downtown Center - Liquor License, Continued) other establishments. Mr. Relschel also noted the proposals for rotating specialities, Sunday brunches, Senior Citizen discounts, sponsorships of local organizations, possibly a piano bar, sports viewing, plus other promotions. Mr. Reischel also reviewed the training and experience of his management team and his experience In the business, notIng the intent is to employ 75 people from Andover and the immediate area. The funding for the project Is better than requIred, as he has personally committed $900,000 to it. CommIssioner Apel felt a major concern may be with the problems and worries of closing bars In the evening, which Is an element Andover had not had. Mr. Relschel explained he has the endorsement of former Anoka County SherIff Buster Talbot, who has told hIm that Andover would be a good place for this project. He has held four liquor licenses in the past, has gotten along with competing neIghbors, has never had a liquor citation, and has had very few problems. Mr. Reischel also explained the traIning program his employees will take \ with respect to customer servIce, alcohol awareness, and alcohol ) related problems. WIth his background and experIence, he feels confident he can handle any problem. (Commissioner McMullen arrived at thIs time. 8:47 p.m.) Mr. Reischel summarIzed hIs background and experience, feeling he Is the best type of operator for the City of Andover to consIder. The restaurant Is proposed to have about 253 seats, with the business divided 60 percent restaurant, 40 percent lIquor. ChaIrperson Peek opened the hearIng for public testImony. Dale Strassbura. 3422 136th Lane NW - likes the Idea of a restaurant, but was concerned about serving alcohol. He dIdn't feel that serving alcohol is compatible wIth the other family-oriented businesses in the mall. He was concerned about the activities after the closing hours of the bar and the excessive noIse In the neighborhood. It will requIre a lot of cooperation wIth the law enforcement. Plus there Is a church across the street. \ J Gerald Pridd. 13828 Round Lake Boulevard - has lived there nine years and been an Andover resIdent for 17 years. The lot was empty when he moved in and has changed dramatically sInce then. The traffic on Round Lake Boulevard has Increased sIx times. They have seen numerous rear-end accidents, and two chIldren have been run over in the past two years. During the annual street dance. the people park on their service road and on their lawns; and they spend a lot of time picking up trash and gettIng the ruts out of the lawn afterwards. ~ (j ~) , ) Planning and Zoning Commission June 11, 1991 - MInutes Page 7 (Public Hearing: Special Use PermIt - RIchard Reischel, Andover Downtown Center - Liquor License, Continued) Mr. Prldd stated he is totally agaInst the proposal. He was concerned about the parkIng space because of the current actIvities of Tasty Pizza and the video store, and the area around Festival Foods is always full. He was concerned they would then park on the service road west of Round Lake Boulevard. He stated people have not complained much about the problems and annoyances, but he felt this will cause many more problems. Wayne Anderson. 1018 MaIn Street NW. Andover Limited Partnership. owner of the Downtown Center - has been working with the City since 1980, gIving a background of the development of that area. They are anxious to improve the Downtown Center, and many of the business people think thIs Is a good use in the Center. They are confIdent that Mr. Reischel is the person they want In the mall. He addressed the traffic issue, stating it has Increased Immensely not necessarily totally as a result of the Downtown Center. There has been a tremendous amount of growth In the community. Most of the people would like to see the addItIon of a restaurant. They have found that Andover residents are very loyal to Andover. They have certain \ controls over the proposal through the lease, statIng they have ,) resolved the objections. Mr. Anderson stated he would like to see this happen, recommending the City support It and approve the lIcense. Chairperson Peek asked about the carnIval and parkIng places. Mr. Anderson stated if this Is approved, they will no longer bring in the carnival. They anticipate a City Celebration continuing, either at the Downtown Center or elsewhere. They have more than adequate parking space for the center, plus the spaces are large. They are also concerned about the traffIc in the area, but he thought the City officials and county are looking at various options to widening both Bunker Lake and Round Lake Boulevards, plus some additional signalization. It has also been their experience that the traffic patterns wIthin the parkIng lots of malls is dIffIcult to control, that people will go where they want to go. But they have found that people shop from one end of the mall to the other, which dIstrIbutes the parking within the lot. CommissIoner Dehn asked about the concerns of the other busInesses in the mal I. Mr. Anderson stated the legal poInts have been addressed. One of the bIgger tenants had some personal concerns and the other concerns have been resolved. Most are anxIous for the project to proceed to get somethIng new to provIde a bIgger draw. \ ) Barb Pridd. 13828 Round Lake Boulevard - stated the green house has been up for over two months and takes up a great number of parkIng spaces. She didn't feel that Is being taken Into consIderatIon, nor the children in the neighborhood who use the library, the video and the pizza place. She didn't feel that was an environment for lIquor. , , ~-~) ~ ) , ) Planning and Zoning Commission June 11, 1991 - Minutes Page 8 (Public Hearing: Special Use Permit - Richard Reischel, Andover Downtown Center - Liquor License, Continued) Commissioner Apel noted that area is in the strip mall, which is totally separated from the mall where the restaurant/bar will be located. Discussion continued with some Commissioners concerned about the traffic situation and with parking. Mr. Carlberg again assured the Commission that there is a lot more parking spaces that is needed, that it appears this type of operation was planned for from the beginning. Mr. Anderson stated they are always on the lookout for problems and solutions to them. The stop signs in front of Festival Foods were placed there after a problem was identified. There is about 11 1/2 acres of parking, which they restripe every year. The parking lot has not been ful I, so that may be why people cut across it. With additional parking, the traffic flow should solve itself. The important thing is they have ample parking spaces which they had planned for. / Mr. Reischel stated they also addressed the parking when designing the entrances to the operation to encourage parking in the southwestern portion of the area where there is little parking now. The restaurant does not want parking problems either. Chairperson Peek felt there may be a pUblic safety issue with the front door to the outside. Mr. Reischel thought the doors will open inward as opposed to outward. He will check that further. , There being no further public testimony, Chairperson Peek asked for a motion to close the public hearing. MOTION by McMullen, Seconded by Dehn, to so move. Motion carried on a 5-Yes, 2-Absent (Jovanovich, Pease) vote. The Commissioners then discussed the proposal. The consensus was the presentation was well done, that such a use will compliment the City and will benefit many of the youth programs, but that there are concerns over the traffic in that vicinity. Since this would be the first on-sale liquor license in the City, the Commission cautioned the applicant that the people will become involved if there are problems. MOTION by Apel, Seconded by McMul len, that the Planning and Zoning Commission recommend approval of the Special Use Permit requested by Richard Reischel for a liquor license to operate a full-service restaurant/bar with dancing and entertainment activities at Suites #104 through #106, Andover Downtown Center, 13735 Round Lake Boulevard NW, PIN 32 32 24 13 0080. , / .' ') v u '\ ,~ Planning and Zoning Commission June 11, 1991 - Minutes Page 9 (Public Hearing: Special Use Permit - Richard Reischel, Andover Downtown Center - Liquor License, Continued) (Motion Continued) The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: The use will not be detrimental to the health, safety, morals or general welfare of the community. The use will not cause serious traffic congestions or hazards. The use will not depreciate surrounding property. The use is in harmony with the Comprehensive Plan. In addition, add an annual review by the Staff and a sunset clause of one year. A public hearing was held and at least three neighborhood individuals were opposed to it. DISCUSSION: Mr. Carlberg explained that the hours of operation are regulated by the State and by the mall itself. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak, McMullen: ABSENT- Javonovich, Pease. Motion carried. The item will to go the City Council on July 2, 1991. Hearing closed at 9:36 p.m. OTHER BUSINESS ~) Withdrawal of Patrick McCov Special Use Permit - Mr. Carlberg stated Staff is recommending the Special Use Permit application, which was on the May 28, 1991, Agenda, be withdrawn from the Agenda, and that the $160 fee be reimbursed to the applicant. Staff has interpreted the ordinance that a permit is required for the flood plain but not for a flood fringe area, which this was, and that a permit is not needed in this case. MOTION by Apel, Seconded by Dehn, to so move. Motion carried on a 5-Yes, 2-Absent (Jovanovich, Pease) vote. Activities at Harefield Farms - Commissioner McMullen wondered if the operation is violating the Special Use Permit by its advertising and retail trade. He recalled the applicant said there would not be any advertising and it would be mostly wholesale. Mr. Carlberg stated the conditions of the permit have not been violated. The applicant is continuing to work with the City on the site plan. There is an easement for a service road there, and the items will be moved back off that right of way. There is also a proposal for a green house, which wil I meet code. The City is watching the situation closely. No Commission action was taken. " , ,--) Sonstebv MininQ Permit - Mr. Carlberg stated Ms. Sonsteby has asked for more time to talk to her engineers regarding the mining permit. He is giving her two more weeks to get that information. The pubiic hearing is closed. If that information is not received by the next Planning Commission meeting, he will recommend denial of the permit: and she will have to reapply if she wishes to do any mining. , "- , I \.j ( \ '- _J ) PlannIng and ZonIng CommIssIon June 11, 1991 - MInutes Page 10 (Other BusIness, Continued) Review of Council Action - Chairperson Peek reviewed the Council action at the June 4, 1991, meeting on the items whIch had been forwarded by the CommIssion. There being no further business, Chairperson Peek declared the meeting adjourned at 9:45 p.m. Respectfully submitted, \~\(,-~~Q~;:~L Ma~cella A. Peach Recording Secretary F " , ) '. )