Loading...
HomeMy WebLinkAboutJanuary 12, 1988 ~) .- " , ,_/ 7:30 P.M. o o CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA JANUARY 12, 1988 1. Call to Order 2. Approval of Minutes 3. Grace Lutheran Church Rezoning Public Hearing, Cont. 4. Ordinance 8 (Zoning Ordinance) Amendment pertaining to Permitted and Special Uses in Limited and Neighborhood Business Districts, Public Hearing, Cont. 5. Lot Split #88-01 (Wendell Emmans) 6. Old Colony Estates Sketch Plan 7. Creekhaven Preliminary Plat Discussion 8. Retail Shopping Definition Discussion, Cont. 9. Ordinance 78 Amendment Discussion 10. Adjournment o o ) CITY of ANDOVER PLANNING AND ZONING COl1MISSION JANUARY 12, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 7:35 p.m., Tuesday, January 12, 1988; in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Com~issioners present included Chairman Marjorie Perry, Becky Pease, Wayne Vistad, Don Jacobson, Bill Bernard, d'Arcy Bosell, and Bev Jovanovich. Also present were City Planner Daryl Morey, Assistant City Engineer Todd Haas, Building Official Dave Almgren, and others. APPROVAL OF HINUTES Hr. Jacobson requested several changes in the 12-22-87 minutes. In addition to some minor typing corrections, 11r. Jacobson asked that a correction be made on page 2, paragraph 10, second line, "...Neighbor- hood Business district to the east..."; also on page 3, paragraph 6, last line, "...to the ~." - , Motion was made by Commissioner Pease, seconded by Commissioner Jacobson, to approve the 12-22-87 meeting minutes as corrected. All voted yes. Hotion carried. GRACE LUTHERAN CHURCH REZONING/PUBLIC HEARING CONTINUED City Planner Daryl Morey reviewed the status of the proposed Grace Lutheran Church Rezoning request. Upon meeting with applicant Tom Gearhart recently, staff was informed by him that should the city extend Rose street north to Bunker Lake Blvd., as city council passed a motion to do at their 4-23-87 meeting, then the proposed lot would be commercially unbuildable according to city ordinance, and Mr. Gearhart will no longer be interested in purchasing the property in question. Staff will bring the matter before council at their 1-19-88 meeting to determine whether they will continue with the plan or consider another alternative. Mr. Horey recommended tabling this issue pending city council consideration. Upon further discussion, it was pointed out that should Rose Street be extended north, then Grace Lutheran Church's parking lot would not be contiguous and would be required to have a setback, thereby, eliminating 20 feet of their parking lot. Ms. Pease stated that they are already short. o Dale Gelling, 3h32 136th Ln. N.W., addressed the commission stating that at a previous meeting most residents present were opposed to ex- tending Rose St. through the parking lot. Mr. Gelling expressed concern U Planning and Zoning COHunission January 12, 1988 Meeting Minutes Page 2 o \ with traffic being able to get onto Round Lake Boulevard heading south. He suggested looking more to a stop light on Roosevelt st. rather than access onto Bunker. staff askea Mr. Gelling to present his concerns to the city council at the 1-19-88 meeting. Representatives of Grace Lutheran Church will also be contacted informing them of the matter. Dale Strosburg, 3422 136th Ln. N.\I., questioned whether there were lot size requirements for fast food restaurants. He stated that he doesn't want fast food restaurants in this area. Ms. Bosell pointed out that the property is already properly zoned, allowing for fast food restaurants. Motion was made by Commissioner Bosell, seconded by Com~issioner Vistad, to table the proposed Grace Lutheran Church Rezoning request until the 1-26-88 meeting. All voted yes. Motion carried. the~ I1s. Bosell added that it will be necessary to consider.x lot split along with the rezoning at the next meeting. She further recommended that the commission consider formal action to refund Mr. Gearhart's money shou1d-he-choose-not-to-purcha~e-th~roperty-and-continue-with h' 1 ~/ "/~ .,,;/ . .~ /-'./ /1';/ l.&-prope-sa . !'3___? t--~-e!-' --:t--{~."F tl-c-t.J ~'I---o:"-I /,-~I"'_~-'-~.J--'L~"(f ~P<LV~'-_<....-t"___'-- L (J._-C- . // _ C&. '.' I ~,/- .\ ,) ,. -}r' .... L, , '- reo'- /:J,( . ORDINANCE 8 (ZONING ORDn~ANCE) MvmND~ffiNT - Pertaining to Permitted and Special Uses in LlIDited and NeighborhOOQ Business Districts, Public Hearing Continued Chairman Perry stated that the public hearing is continued regard- ing amending Ordinance 8 (zoning ordinance) pertaining to permitted and special uses in LL~ited and Neighborhood Business Districts. Mr. Morey reviewed the status on commission action to amend Ordinance 8. He reported that he was not able to further research the "personal services" portion, recommending that the commission again table this to the next meeting and discuss additional changes. Mr. Vistad suggested eliminating multiple housing in the Limited Business area. Chairman Perry felt that Limited Business is used as a transition as are multiple dwellings. Staff concurred. ~tr. Morey stated that he feels it is appropriate to place a higher density residential buffer between single family and higher business districts. Mr. Vistad felt that private ownership of residences should be elimina- ted from the Limited Business District; that there should be no resi- dential zoning allowed there. Ms. Bosell disagreed stating that allow- ing multiple dwellings in a Limited Business district is not inconsistent with the ordinance. These are transitional and compatible with office, etc.; therefore, she felt there was no conflict. Mr. Jacobson concurred, but felt that the reading of the ordinance needs to be corrected. , , ) Motion was made by Commissioner Jacobson, seconded by Commissioner Jovanovich, to place this Ordinance 8 Amendment issue on the next agenda for more elaboration and determination of the lists staff is preparing. All voted yes. Motion carried. t" \ U Planning and Zoning Commission January 12, 1988 Meeting Minutes Page 3 u \ LOT SPLIT #88-01- Wendell Emmans The commission considered a proposed lot split at 1364 Wardl Lake Dr. requested by Wendell Emmans for the purpose of purchasing a portion of his abutting neighbor's property. Ms. Bosell stated that she instructed the applicant not to appear before the commission with this request in that Ordinance 10K could handle the matter. Ms. Bosell's memorandum of 1-12-88 referenced details. It was explained that it is necessary that Mr. Emmans obtain a deed describing the property being purchased from Mr. Lawrence Audette. Mr. ~~ans should then obtain another deed combining the newly severed lot with his present lot creating one description. All requirements are being met; therefore, the procedure can simply be handled by city staff. Staff will review the procedure for refunding Mr. Emmans' money. No action taken. OLD COLONY ESTATES SKETCH PL~~ Assistant City Engineer Todd Haas reviewed the proposed Old Colony Estates sketch plan. Al Hamel, property representative, was present to discuss details. Mr. Hmnel stated that they will revise the sketch plan upon receipt of all review comments. The first phase of the project is proposed for the western portion of the sKetch plan. It was reported that the MUSA line runs through the center of the development. The eastern portion is not prfPosed to be able to be developed until after t~_e year ~O~~. ,l)j:. i'-ct::./ I ",d v~" Ms. Bosell reported-that--e-taf-E-is-aware--that corners need to be radiused. Mr. Jacobson expressed concern that the proposed sketch plan shows that of the 272 lots, they will all exit on to only two roads. He queried why the third was taken out. Mr. Haas reported that the Review Committee felt that it was too close to the railroad. They will try to prevent lots from fronting onto the major road. ~~. Jacobson felt they should consider a third outlet to the north, pointing out that there is room for it. Mr. Jacobson expressed further concern with the suggestion that hazardous wastes may have been dumped in the area. He urged that this possibility be investigated. Mr. Haas stated that the Building Official is aware of this possibility and additional soil borings will be taken. Mr. Jacobson drew attention to Outlot A. Mr. Hamel stated that it will be dedicated as part of the storm sewer system. Mr. Jacobson pointed out that the area is not zoned properly for that use. Mr. Jacobson stated that the Watershed Board has an easement on either side of the creek for maintenance. Mr. Hamel stated that there is no easement of record. Mr. Jacobson asked that this be confirmed. U Planning and Zoning Commission January 12, 1988 Meeting ]J"J.nutes Page h (J \ j Ms. Bosell pointed out that the City Council has changed the MUSA boundary somewhat. The developer should come in with the rezoning re- quest along with the preliminary plat. The fee owner needs to sign the application, the plat, and the rezoning request. Ms. Bosell questioned whether berms have been considered along the railroad track in the second phase. Mr. Hamel reported discussing this with City Council stating that such a berm requirement would be extreme for a limited use of the facility, in that berms would have to be huge. Council reportedly suggested that perhaps an alternative could be agreed upon in this location, such as plantings. Staff will work with the developer to decide what needs berming and landscaping. Ms. Bosell raised another issue in relation to the railroad tracks. She pointed out that the ordinance stipulates that there be 660 feet be-",.. " . tween intersections. If they extend Unity st. to Andover Blvd., ,it' is ,tk-" , rJi. . ">'1'-' a controlled intersection at the railroad track. Should there be an ,",,-' intersection 150 ft. from there, she felt that would not be good planning. 11r. Haas stated that the Review Committee agreed to the present proposal for this area. Mr. Hamel reviewed the proposal, agreeing that the recommendation to remove it from the close proximity of the tracks is correct. Chairman Perry felt rail traffic could increase within the next 12 years. She stated that she would like to see some planned plantings for buffer along that area. Mr. Jacobson pointed out that there will be a natural gas pipeline along the west side within the next year which will create an easement. The commission concurred that they are satisfied with the sketch plan, and the developer can continue on to the preliminary plat, subject to what the Park Board wants. CREEKHAVEN PRELD1INARY PLAT DISCUSSION Mr. Haas introduced the Creekhaven preliminary plat for discussion. Blaine Edmundson, representing applicant Donna Green, reviewed the pre- liminary plat, requesting the commission's imput on what they would prefer to see developed in the area. Mr. Haas reported that the ARC re- quested Planning Commission discussion on the feasibility of rezoning lots 1, 2, 3, and 10, block 2 to Neighborhood Business. It was noted that Creekhaven developers do not presently own the property between lots 1, 2, and 3 and lot 10. However, ARC has recommended that they attempt to purchase it and combine it with these lots for a continuous NB zone. Mr. Haas stated that everything meets the requirements of Ordinance 10. \ , ) Mr. Edmundson requested P & Z guidance on how to develop the property, whether it be small business or multiple. Mr. Haas noted that the property runs along a county road, and the ordinance stipulates that development can not front on a county road. Ms. Bosell suggested that a cluster de- velopment may be possible. (~ Planning and Zoning Commission January 12, 1988 Meeting Minutes Page 5 (J \ 1 Mr. Edmundson considered Ms. Bosell's suggestion that two-family homes are presently allowable in R-4 or R-5 districts, anu felt that of all possibilities, they dislike that type of development the most. They reportedly would prefer to have either small business or perhaps 8-12 unit structures. Mr. Vistad stated that he would not want to see twin homes or doubles built in the area. He expressed concern with the amount of traffic flow created. He agreed that 8-12 unit apartments would be alright or they could tie in with area business. Ms. Bosell stated that the maximum size apartments in an M-l or M-2 district would be an 8-unit. They would also consider Neighborhood Business, which is what is across the street. l1r. Morey felt that either NB or LB zoning would work in the area in that they both act as buffer zones. Mr. Jacobson spoke against rezoning to Neighborhood Business. He felt that this is a tremendous opportunity to go in under a P.U.D., construct a semi-circle of townhomes, and make it a nice development that would fit in the area. Mr. Jacobson stated that he would not vote for Neighborhood Business zoning when there is one across the street that isn't ~ Chairman Perry concurred. ~~~std'~~:~;~~d? '~:" tl;~:at 'a number of different kinds of things could be developed within the Neighborhood Business district, given the amount of residential development going in. In two to three years he felt there will be a tremendous impact for a business. Mr. Vistad felt Creekhaven developers would lose their opportunity by putting in additional residences rather than some type of business. Ms. Jovanovich concurred, adding that LB zoning would be good in this area. Ms. Bosell suggested, given the fact that lots 1, 2, and 3 are separated from lot 10, that should the developer not go with multiple zoning, that the area be identified as an outlot and set aside, leaving it zoned R-4. She added that the developers must be aware that a Neighborhood Business must be a minimum of 2 acres in size. With no further discussion, Chairman Perry called for a short recess at 9:10 p.m. The meeting reconvened at 9:17 p.m. RETAIL SHOPPING DEFINITION DISCUSSION, CONTINUED Mr. Morey stated that he had nothing to add to the Retail Shopping definition from previous discussion. \ ) Chairman Perry pointed out that in the proposed amendments for Limited Business and Neighborhood Business, terminology has been changed from retail shopping to retail stores. It came about in discussions (J Planning and Zoning Commission January 12, 1988 Meeting Minutes Page 6 u , 1 about Tax Increment Financing. Staff felt that changing it to retail stores would better define retail uses. Chairman Perry questioned whether the ordinances as they stand, leaving retail shopping as a special use permit, gives enough flexibility to allow a Wick's-type business if we felt it was desirable and at the same time be able to document reasons why another retail may not be appropriate. 11r. Morey stated that the way we have it now would be appropriate because we could look at the type of proposal. The only other alternative to effectively do it would be to state the types of retail uses allowed and those not. Should it be done in this manner, the same would have to be done for all zoning districts. Chairman Perry pointed out that in the past the commission has tried to avoid lists that probably wouldn't include everything. l1r. Morey felt that the present way gives more flexibility in dealing with proposals. ORDINANCE 78 Al:1ENDMENT DISCUSSION The Planning and Zoning Commission discussed Ordinance 78 and 8 ~~endments relating to fencing, landscaping and screening. This was not a public hearing. Chairman Perry approved of the fact that the types of construction materials required was designated but did not specify designs. Ms. Bosell and Building Official Dave Almgren felt that the com- mission should be aware of fencing language within the ordinance with regard to critters. Ordinance 23 is the horse ordinance and is very specific. In reviewing corner lot fencing, Ms. Bosell pointed out that the city must make sure that we not allow a builder to fence for corral purposes in the front or side yard. Corrals for horses shall be allowed only in rear yards. In the case of those fences it may be the same as an accessory building. In summary, Ms. Bosell cautioned the commission that in changing the fencing ordinance in 8 that we don't create a con- flict with Ordinance 23 and 78. Mr. Jacobson recommended referencing the various amendments as an alert mechanism. Mr. Almgren recommended incorporating Ordinances 78 and 23 into one area. In addition, he asked that the commission define front yard, particularly in a large acre parcel or farming situation. Mr. Almgren stated that the ordinance doesn't define or explain any difference be- tween recreational activity or business activity. He suggested that the ordinances need to be updated. , '\ ) Ms. Bosell stated that should the fencing be taken out of Ordinance 8, combined with 23 and 78, and put together as a separate ordinance, it wouldn't be necessary to have a public hearing. There reportedly is no urgency in doing so. This spring would be a sufficient deadline. Mr. Morey recommended that staff get together and work on this. U Planning and Zoning Commission January 12, 1988 Meeting Minutes Page 7 u " .i. Ms. Bosell stated that references to fencing and screening be pulled from ordinances and put together, including the intent of each, cleaning up the ordinance. 11r. Almgren recommended that in Ordinance 78 where it talks about concrete, brick, and wood, that after the word wood, add: "...and any combination thereof." Mr. Almgren directed the commission's attention to Ordinance 8 under Section 4.20 or 4.21 regarding fence height. He stated that the proposed ordinance should not restrict the fence height in a residential district. Mr. Morey disagreed, stating that there should be a maxim~~ fence height stipulated. Chairman Perry directed staff to include this in their discussions and return with a recommendation. Ms. Pease suggested that some maintenance issues be included along with fencing. ~tr. Bosell stated that Ordinance 78 deals with maintenance. Mr. Vistad suggested that if staff is reviewing Ordinance 8, that they look at garage height also. He felt that the garage ordinance is confusing, and should be taken back to the City Attorney. Ms. Bosell suggested that Mr. Vistad address this before the City Council. She stated that staff has been directed to interpret the ordinances by the intent. MISCELLANEOUS Ms. Bosell and 11r. Vistad recently attended a class at the University of Minnesota with discussions relating to vested interest. On requests that come in to the city with money and the city must determine which should be the first to be considered, there are reportedly various ways of dealing with it. One such means is to pass an interim zoning ordin- ance which would stop what they want to do. The party has vested interest when physical development actually starts to occur. It has nothing to do with the amount of dollars spent. Chainnan Perry recently attended a workshop where various types of minutes were discussed. The commission discussed narrative verses con- census minutes. Following discussion the commission felt that narrative minutes, as has been done in the past, should continue. Mr. Morey raised the possibility of starting Planning and Zoning meetings at 7:00 p.m., rather than 7:30 p.m. While there was a difference of preference among the commission members, all agreed to try the 7:00 p.m. starting hour for the two meetings in February. ADJOURNMENT There being no further discussion, a motion was made by Commissioner Bosell, seconded by Commissioner Vis tad, and unanimously carried, that the meeting be adjourned at 10:11 p.m. Respectfully sUb,m~tted,\~. <, J.fava Mikkonen/~~---Y /l ~L.7__yJ Recording Secretary