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HomeMy WebLinkAboutApril 25, 1989 o o C) o o n\ 1'\ CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING-APRIL 25, 1989 The Regularly Scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Becky Pease at 7:35 P.M., Tuesday, April 25, 1989 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Jovanovich, Ferris, Bernard, Spotts, Sabel Commissioners Absent: Vistad Also Present: Jay Blake, City Planner; Todd Haas, Assistant City Engineer; d'Arcy Bosell, Zoning Administrator; others Approval of Minutes - April 11, 1989 Page 17, the next to the last line regarding the garage being built should say "building" permit rather than special use pe rmi t. MOTION by Sabel, seconded by Bernard to approve the minutes of April 11, 1989 as corrected. Motion carried on a 5 yes, I present (Jovanovich) vote. Special Use Permit, North Twin Cities Church of Christ, Cont. Mr. Blake asked that the Planning Commission review this request to locate a church in a residential district, noting that churches are allowed by Special Use Permit in residential districts throughout the city. The property involved is 14191 prairie Road. Mr. Blake noted that this item is continued from the meeting of March 28. At that point in time, the Planning Commission asked for additional information including the overall remodeling of the horne, parking lot proposal and future expansion of the church congregation. City staff reviewed those documents and notices were sent to the property owners within 350 feet. Mr. Blake explained that the following criteria is used in determining whether or not a special use permit should be approved: 1) The affect on the general health, safety and welfare of the community. Several churches have been located in the rural area of our city; other churches are in the R-4 district. 2) Existing and anticipated traffic. One of the concerns staff had was where the parking lot was going to be located. 3) What effect would the proposed use have on values of property and scenic views in the area. 4) Effect on the Comprehensive Plan. Our Comprehensive Plan indicates that churches should be in residential districts, both rural and urban. Mr. Blake explained that the church is proposing to use the existing access point off Prairie Road. The parking lot will be on the south side of the building and will have 35 to 40 parking spaces including handicapped parking. There will be trees o n ---- 8 Regular Planning Commission Meeting April 25, 1989 - Minutes Page 2 (NTCC S.U.P., Cont.) planted around the parking lot to screen it from the neighbor's view. The meeting area will be 800 square feet which is sufficient for an occupancy of 100. The exterior of the building will have a ramp for handicapped accessibility. The interior will be altered so the meeting hall will be on the north side. The kitchen will remain as is. There will also be a handicapped accessible bathroom. There will not be any other significant changes within the interior of the home. In the future the proposal would be to move the existing stairway back to expand the meeting hall. The lower level will contain offices, work space and Sunday School rooms. Fred Boggs, North Twin Cities Church of Christ - explained to the audience where the alterations would take place. He also noted that for Phase 2, the kitchen would be removed so that there would be room for 150 occupants. The garage would then be used as an entryway. Commissioner Sabel asked take to get to Phase 2. five years. for an estimate on how long it would Mr. Boggs felt it would be approximately o Commissioner Ferris asked why they want to convert a house instead of getting a vacant parcel of land and building a church. Mr. Boggs noted that this will fit their immediate and future needs. Joe Passofaro, Coldwell Banker Real Estate - explained that to build a commercial structure would cost far in excess of the purchase price of this property. Commissioner Ferris asked what assurance we have that this church will not fail. Mr. Boggs noted that they have financial backing from their home church in Texas. He also noted that they have the funds to do Phase I. Commissioner spotts asked how far the nearest property dwelling line of sight is. Mr. Blake noted that it is directly across the street from the entrance to this property. At this time, Chairman Pease opened the public hearing. Doug Steele, 643 - 140th Lane N.W. - expressed concern that this is spot zoning and over the years, Andover has not allowed spot zoning. He stated that this has been a residential and farm neighborhood for the last 100 years. He also noted that prairie Road was designed as a low traffic residential road and with a church in this area we have a potential for a real disaster. Mr. Steele also felt that there are other places more suitable for a church. o , \ \. ) ~ (J Regular Planning Commission Meeting April 25, 1989 - Minutes " " Page 3 ) (NTCC S.U.P., Cont.) Richard Fuller, 13948 prairie Road N.W. - asked how far the parking lot is from the centerline of Coon Creek. Commissioner Sabel stated that is is 150 feet. Mr. Fuller felt that there is a problem with encroachment on the flood plain, explaining that if they are within 300 feet of the centerline of Coon Creek there is a serious problem. He urged the Planning Commission to deny this request. Mr. Boggs explained that the parking lot is on the other side of the building, not on the same side as the creek. Doug Steele asked if they have approval from the Coon Creek Watershed Board. Mr. Boggs stated that he was unaware of the need for their approval. Mr. Blake noted that the city considered that and the church will be required to request approval from the Coon Creek Watershed Board or the Department of Natural Resources. If approval is not received, the Special Use Permit will not be recorded. Joe Passofaro - stated that he has been working with Mr. Boggs for over a year. He feels that this church will only enhance the area. When people move into an area they ask about the schools, churches and shopping. / \ Allan Chapman, 14212 prairie Road - felt that if Mr. Boggs' , / church has financial backing, they could build something that would meet their needs. Mr. Chapman also expressed concern about the number of meetings, the hours of the meetings, etc. Mr. Blake explained that this would not be spot zoning as churches are allowed in all residential districts in our city. In 1971, the city said churches should go into residential districts. This will remain a residential area. prairie Road is an MSA road, which means that we receive additional funds from the state to upgrade that street. He also noted that the Planning Commission has the authority to place restrictions on the Special Use Permit. Sue Chouinard, 14123 prairie Road - Noted that she is a licensed day care provider living directly south of this property. She expressed concern abut the traffic and felt that this church will be an eyesore. Ms. Sabel asked Ms. Chouinard if she does day care on the weekends. Ms. Chouinard stated that she does not. , '\ J u () Regular Planning Commisison Meeting April 25, 1989 - Minutes r '\ Page 4 ,j (NTCC S. U . P ., Con t. ) Richard Fuller - expressed concern over the Planner's suggestion that this can be approved now and worry about the conditins of the permit later. He felt that those concerns should be addressed before it's approved. Dale Spaulding - 14370 prairie Road - asked if there would be a time limit on this permit and if they would be required to provide an escrow so that the building can be converted back to a single family home if the church fails. Paul Olson, 14030 prairie Road - stated that prairie Road is definitely a residential street and expressed concern that a child will drown in the creek. Carol Hofstad, 684 Andover Boulevard - noted that there is a Church of Christ in Fridley in their parsonage has been empty for a year. Mr. Boggs explained that they are of the same group but that church is in Fridley and they plan to have their church in Andover. ~J Patty Hodge, 25 - 8th Avenue N.E., Osseo - stated that they are not radical people; this is a missionary church and they are just regular people. Chairman Pease asked that the emotional issue be separated as the Planning Commission has to take into consideration the zoning ordinance. Doug Steele church, but rural area. this is the - stated that he doesn't have anything against the felt that they picked a bad location as this is a Mr. Boggs explained that this is a growing area and area where they feel a church would grow. Chuck Hodge, 25-8th Avenue N.E., Osseo - regarding when the congregation would meet, he stated that they would meet Sunday mornings, Sunday evenings and one night during the week. He also explained that their supporting church in Texas is a wealthy organization who believes in evangelizing. They send people out to all parts of the world. The home church has allotted $150,000 to purchase property for this congregation. MOTION by Ferris, seconded by Bernard to close the public hearing. Motion carried unanimously. ~J . , v u Regular Planning Commission Meeting April 25, 1989 - Minutes Page 5 .'- '\ (NTCCC S.U.P., Cont.) j Commissioner Bernard asked if the church should have their permits from the DNR, etc. before the Planning Commission makes their recommendation. Mr. Blake noted that it has always been city policy to get the special use permit approved first and then obtain the letters of approval. d'Arcy Bosell, Zoning Administrator - explained that we have in place certain ordinances that deal with the management of water. Historically, we have just required that the permit be received before City Council approval. Commissioner Ferris noted that the house was originally built for an occupancy of 4 to 6 and the septic system was designed for that number of people, not 100 occupants. Mr. Boggs stated that the architects looked into all of the matters and he felt that they would have looked at the septic system size also. Mr. Ferris stated that there has been a lot of concern about the traffic. The speed limit is 35 on prairie Road. He asked what kind of traffic study we can request and who would do it. Mr. Blake explained that the Minnesota Department of Transportation would be required to review the plans to make sure the entrance is safe. , 'j MOTION by Ferris, seconded by Bernard that the Andover Planning ,/ and zoning Commission recommend to the City Council approval of the Special Use Permit requested by Fred Boggs of the North Twin Cities Church of Christ to locate a church at 14191 prairie Road N.W.. A public hearing was held; there was considerable opposition by residents of the community as well as a number of supporting remarks made. The recommendation is based upon a number of conditions, which include: 1) the church must submit and have building renovation plans approved by the City Building Official prior to construction and occupancy. All renovations must meet the requirements of the Minnesota Uniform Building Code; 2) the parking lot must be paved and adequate lighting installed. Plans must provide for adequate expansion of the church congregation and provide one handicapped parking space per fifty spaces; 3) The church will be allowed one identification sign not to exceed twenty-four square feet in size. The sign must meet all district setback requirements. All appropriate sign permits must be completed and on file with the Zoning Administrator; 4) The Landscape Plan must be submitted and approved by the Andover Review Committee; 5) Appropriate permits must be in hand, including the Coon Creek watershed Board, Army Corps of Engineers, etc.; 6) Traffic review should be completed by MnDOT; 7) All state codes must be adhered to; 8) This will be limited to phase 1 and 2 as described; the only exterior alterations would be the parking lot, handicapped parking and handicapped access. r' '\ , , ,~ -) u o ~) Regular Planning Commission Meeting April 25, 1989 - Minutes Page 6 (NTCCC s.u.P., Cont.) Discussion: Commission questioned several items, such as a time limit on the construction, conditions of the special use permit, etc. Mr. Blake noted that the building needs to be completed within one year. Vote on Motion: Yes - Sabel, Bernard, Spotts, Ferris, Pease; No - Jovanovich. Motion carried on a 5 yes, I no vote. This will go to the City Council on May 16, 1989. (Recess 9:00 - Reconvene 9:10) o Olesen Addition Preliminary Plat Todd Haas explained that this property is zoned R-3 and Mr. Olesen is proposing 7 residential lots. Recently the city put streets in this area and Mr. Olesen was assessed for a portion of the street and to pay for it, he is platting his property. City staff has a concern with Lot 4, Block 2 as the existing house on this lot is within the proposed setback area. The water table in this area is down 18 feet; soil borings have been received; and Phase I of the plat will be Block 1. When the streets were put in, storm sewer was not part of the project. The city's consulting engineers designed something to help eliminate drainage to the pond to the south. The water would go to a holding pond instead. Mr. Haas noted that the cul-de-sac needs to be shown with a 20 foot radius on the right-of-way. Lot 1, Block 2 does not meet the 2.5 acre requirement; and Lots 1, 2, and 3 of Block 1 do not meet the 300 foot requirement at the building setback line. However, the City Council will allow Mr. Olesen to plat these lots. Mr. Blake noted that one of the concerns is the alignment of the streets in the city. This plat has an intersection that is 80 feet off. The city allows them to be 150 feet apart, but this one would require a 70 foot variance. The problem is that the road is lined up with the existing home on the property. We have two options: 1) we could let this lot go inor; 2) we could require the home be removed. Commissioner Ferris asked how many variances there are on this plat. Mr. Blake stated there are three for lot width, one for a lot that does not meet the minimum size, a variance on the distance between the two streets and a house that is within the setback. Eugene Olesen - explained that the house is a 10 room structure with five bedrooms. The house is as square as a brick and it would be terrible to have to remove it. Ms. Sabel asked if the o , , , I \. / <' \ \......1 Regular Planning Commission Meeting April 25, 1989 - Minutes Page 7 " (Olesen Pre. Plat, Cont.) , / house can be moved. Mr. Olesen stated that it can but he doesn't want to move it. He also stated that the City Council has given him preliminary approval of this plat. Mr. Olesen agreed to move the lot lines so that the lot that was less than 2.5 acres will become 2.5 acres. At this time, Chairman Pease opened the public hearing. Wayne Nevalinen, 3531 - 173rd - has no objections to the plat. Discussion was on the lot that has the existing house and what would happen if the county decided to upgrade County 58. d'Arcy Bosell noted that the county would negotiate with the property owner to either buy the house from them or they would make some other type of arrangement. Mr. Nevalinen asked if the grading and drainage from Mr. Olesen's plat would create a pond in his back yard. Ms. Bosell explained that Mr. Olesen cannot increase the water on Mr. Nevalinen's property; he has to either have a ditch system or ponding. MOTION by Sabel, seconded by Jovanovich to close the public hearing. Motion carried. , , j , / MOTION by Bernard, seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council approval of the preliminary plat of Olesen Addition being developed by Eugene Olesen. A public hearing was held and there was no public opposition. The plat has been reviewed by the City Engineer and some revisions will be made to make Lot 1 legal size. Variances will be granted for Lots 1, 2, and 3, Block 1 as recommended by the City Council as part of Improvement Project 87-26. Variances will be granted for the offset of 174th and for the house on Lot 1, Block 2 which is located in the setback. Platting will be pursuant to the grading plan. Comments were received from the Anoka County Highway Department. The driveway for Lot 1, Block 2 will exit onto 174th Avenue as recommended by the Assistant City Engineer. The developer is responsible to obtain all necessary permits from the DNR, Watershed and Corps of Engineers. Park dedication will be as determined by the Park Board. Motion carried unanimously. This will go to the City Council on May 16, 1989. " ) Ordinance 8, Sign Section - Revisions d'Arcy Bosell was present to discuss this item. Regarding election signs, she noted that a lot of cities allow the winner of a primary election to leave his signs up until after the general election. Also, in some cities erection of the signs Regular plannin( :ommission Meeting April 25, 1989 ~'Minutes Page 8 (Ord. 8, Signs, Cont.) .' \ . } '-- '\, , .I coincides with the date the candidate files. Another question that was asked by the Council was whether a real estate sign offering property for sale, lease or rent would require a permit. Ms. Bosell felt that this type of sign should require a permit. She also felt that a for sale sign announcing a development needs to be 130 feet from a residence to allow for the ability to maneuver around the structure. Temporary signs are next to impossible to manage. Ms. Bosell suggested that election signs have a fee of $25.00. This would be to cover the cost of having a staff person remove signs that were placed in the wrong location or left up after an election. Ms. Bosell explained that at the present time, reader are allowed to be used for 30 calendar days per year. system has worked well. board signs This Monument signs - in other cities, such signs are allowed one per development and/or one per street entrance. They are generally 24 square feet in size. Mr. Ferris asked if there is a size limit on election signs and how far back they need to be. Ms. Bosell stated that they need to be 10 feet from the right-of-way line. Mr. Blake noted that we limit them to 30 square feet per lot but council felt that was too restrictive. , " ~ _) Mr. Bernard felt it is necessary to have someone responsible for election signs, but thought a $10.00 fee would be fair. The concensus of the Commission was to charge a $10.00 fee for election signs and that the monument signs should be added under Section 0, General Provisions, Subsection 2.h. This item will go to the City Council on May 16, 1989. Comprehensive Plan: Request for Proposal Mr. Blake reviewed his request for proposal for the Comprehensive Plan. Planning and Zoning Commission Mission statement Mr. Blake will combine the two statements and bring the statement back for the next meeting. Other Business Mr. . Blake re,viewed inf~r;nat}on provided regarding the granting vanances. _ .I ~,9,61 Sif'm .=", MOTION by Jaeobsorr, Seconded by Ferris to adjourn. Motion carried. of , '.J Meeting adjourned at 11:15 P.M. Respectfully submitted, LL./~ Vicki Volk. City Clerk