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HomeMy WebLinkAboutMay 22, 1990 <J o '0 o o ~ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING May 22, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission Meeting was called to order by Chairperson Rebecca Pease on May 22, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Bill Coleman, Ron Ferris, Bev Jovanovich, Randy Peek and Don Spotts Commissioners Absent: Wayne Vistad Others Present: Jay Blake, City Planner and Todd Haas, Assistant City Engineer APPROVAL OF MINUTES MOTION by Coleman, and seconded by Peek to approve the minutes of the Planning and Zoning Commission held on May 8, 1990. VOTE ON MOTION: Yes--Coleman, Jovanovich and Peek. PRESENT-- Ferris and Spotts. Motion carried. PUBLIC HEARING, AMENDED SPECIAL USE PERMIT, CONSTANCE EVANGELICAL FREE CHURCH, 16060 CROSSTOWN BOULEVARD, NEW SIGN This is a request for an Amended Special Use Permit for the Constance Evangelical Free Church to remove the old sign and re-erect a new sign for the purpose of identifying the church. The church is located in a residential district, which is regulated under Section 7.01-7.03 of Ordinance No.8. The sign regulations which apply are found in Section 8.07 of the same ordinance, although it does not specifically address church signs. Section 3.02 defines sign types and includes in the definition of a "Residential Identification Sign" a church. Also, Section 8.07 D (2)(h) provides that an "Area Identification Sign" shall not exceed 32 square feet. Blake stated that a review of church signs in the area reveals that none have a sign which is six square feet in area. The size of the signs varies, but generally speaking, none are more than 32 square feet. The churches Blake considered include Anoka Assembly of God Church, Constance Evangelical Free Church, Family of God Lutheran Church, Grace Lutheran Church and Meadow Creek Church. u u , Regular Planning & Zoning Meeting Minutes--May 22, 1990 Page -2- , / Blake stated that the sign permit application indicates that the square footage for the proposed sign is 27.5 square feet for an unlit sign. It is the recommendation of Staff to approve the Amended Special Use Permit request. PUBLIC HEARING At this time Chairperson Pease opened the Public Hearing for this request. There were no comments. MOTION by Ferris and seconded by Spotts to close the Public Hearing. Carried unanimously. Coleman asked how the measurements were taken for the sign, since the submitted sketch appears to be larger than the allowed 32 sq~are feet if taken by the outside measurements. Spotts suggested they may need to cut the ends of the boards that extend past the posts. MOTION by Ferris and seconded by Coleman that the Andover \ Planning and Zoning Commission recommend approval to the ) City Council of the Amended Special Use Permit for Constance Evangelical Free Church located at 16060 N.W. Crosstown Boulevard for the construction of a new sign, which would be 32 square feet (existing application calls for a sign which would be approximately 36 square feet) and it would be a stipulation of this motion that the size of the sign be brought down to meet the Ordinance requirements of 32 square feet. The existing sign is to be removed and the new sign erected will be erected it its place. The request does not include illumination. A public hearing was held and there was no comment, either negative or positive at the Public Hearing. Motion carried unanimously. This item will go before the City Council on June 5, 1990. ADULT USE BUSINESS RESTRICTIONS, DISCUSSION Blake stated that at the request of the City Council, the Andover Planing and Zoning Commission has been requested to draft an Ordinance that limits the placement of "adult-type" businesses within the City. He stated that this is a result of the happenings in the City of Ramsey. "\ I ,.,/ (~ u Regular Planning & Zoning Meeting Minutes--May 22, 1990 '\ Page -3- ) Staff has been in contact with City Attorney Hawkins about this matter. He states that the City only has the authority to restrict the location within the City, not the ability to totally ban the use. This would be in violation of the First Amendment. Also, Attorney Hawkins stated that the restrictions cannot be deemed overly restrictive. Blake contacted the League of Minnesota Cities staff and was sent information regarding the regulation of adult businesses. From this information, which includes language from ordinances in St. Louis Park and Rochester, Staff drafted an ordinance that restricts the location of such uses and places distance requirements from homes, places of worship, schools, libraries, public lands and similar locations. The premise of the ordinance is based on the statement that the dissemination of adult materials is harmful to minors. Based on the proposed ordinance, there are only a limited number of areas where this type of business could be located in Andover at this time. The ordinances incorporated into this draft are ordinances that have been challenged in court and upheld. , ) Ferris asked if there was support among the Commission to add language to prevent this type of business within 1,000 feet of the City border, so that if there was a church located at the border of Anoka, this type of business could meet other criteria as it pertains to distances in Andover, and still end up next-door to a church. Peek requested that Staff get a legal opinion on this concept. In reviewing the text of the proposed ordinance, in Section 1, reword "restricted to persons over seventeen years of age" to read "restricted to persons not eighteen years of age or older" . In Section 2, B, after much discussion it was decided to reword the 40% language to state "40% of utilized floor space". In Section 3, 1, clarify to reflect if the business is located in a mall. In Section 3, 2, delineate more clearly. In Section 3, 3, change "publicly owned land" to parkland. Add daycare centers. , ) In Section 3, 4, eliminate wording after "or intoxicating liquors." ~) ; ~ ~ Regular Planning & Zoning Meeting Minutes--May 22, 1990 \ Page -4- ) In Section 3, 6,delete the words "perception or". In Section 3, 7, change the wording of sign to read "No One Under Age 18 Allowed". The owners of Speedy Market and At Your Leisure Video were in attendance at the meeting. Speedy Market does carry a limited number of adult videos. At Your Leisure Video does not carry adult videos at this time, but has done so in the past. Both owners were pleased with the proposed ordinance, and do not feel it will affect their business, since the proposed ordinance is geared for "adult businesses". It was decided that the Planning and Zoning Commission will look at the draft again at their next regular meeting on June 12, 1990. There will then be a special meeting for the Public Hearing to be held on June 14, 1990. This will be the only item on the agenda, and the meeting will start at 7:30 p.m. \ J Blake will make sure the owners of Speedy Market and At Your Leisure Video will receive copies of the changes. ORDINANCE 8, SECTION 8.08 PARKING LOT STANDARDS, DISCUSSION This is a continuation of the discussion from the May 8th meeting on the proposed amendment to Ordinance 8 as it pertains to parking requirements. Staff has researched parking requirements for hospitals and found that Mercy, Unity and Southdale all used the the same standards as doctor clinics. Fairview Ridges Hospital was the only hospital where the city had specific requirements for hospitals. Burnsville requires two spaces for each three beds plus one space for each employee on a major shift. In the draft of the proposed changes, under Section E, (3) (f), change the wording to include quadraminiums. Under Section E, (7), change wording to "all parking stalls shall be clearly marked with white or yellow painted lines". Under Section E, (8), check into the lighting requirement further. ) , \ ~-) u Regular Planning & Zoning Meeting Minutes--May 22, 1990 ) Page -5- Under Section E, (9), change wording to "shall be bounded by poured-in-place curb and gutter as approved by the City Engineer. Under Section H, (5), add wording to include multiple housing districts. Under Section H, (5), regarding Exception, change wording to "in the City Engineer's opinion". Under Section H, (6), eliminate words "or other approved dustless material. Under Section I, (10), check with Bloomington and Eden Prairie for their parking requirements. Under Section I, (14), change heading to "Sporting and Health Clubs. Check with Fridley for their requirements. Under Section I, (15), add ~ space for visitors per unit. Also, throughout draft be consistent with wording off-street parking space or parking space. \ ) Blake stated that Bloomington's landscaping ordinace requires irrigation. Ferris stated concerns about making the requirements too expensive for the developer. Staff will look into other Cities further for requirements that would give a balance of both quality and quantity for landscaping. This item will be on the agenda again for June 12, 1990. ORDINANCE NO. 29, TREE ORDINANCE DISCUSSION, CONTINUED Ray Sowada, the City Tree Inspector could not attend the meeting. The Planning and zoning Commission tabled this item until the next meeting on Jun 12, 1990. OTHER BUSINESS Blake stated that Staff is working with two companies as potential buyers for space in the Commercial Park. One of them is a medical packaging company currently located in Bloomington. \ / , / '\ ) \ ) ,- \ ~) ; ) \..J " Regular Planning and Zoning Meeting Minutes--May 22, 1990 Page -6- There being nothing further on the approved agenda, Chairperson Pease declared the meeting adjourned at 10:40 p.m. R?)ectfullY submi tt. ed, (4~t~ Cindy M. Nutter Recording Secretary