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HomeMy WebLinkAboutMarch 8, 1988 " '\ o ~) 7:00 P.M. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA MARCH 8, 1988 1. Call to Order 2. Approval of Minutes 3. Ordinance 8 (Zoning Ordinance) Amendment Public Hearing, Continued 4. Good Value Homes Rezoning, Continued 5. Special Use Permit #88-01 (NW Bell) Public Hearing 6. Special Use Permit #88-02 (Anoka County) Public Hearing 7. Brandon's Lakeview Estates preliminary Plat Public Hearing 8. Ordinance 19 Amendment Discussion 9. Adjournment u (J -,-- ....... o CITY of ANDOVER PLANNING AND ZONING COMMISSION MARCH 8, 1988 The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Perry at 1:00 p.m., Tuesday, March 8, 1988, in the Council Chambers of Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Marjorie Perry, Becky Pease, Don Jacobson (8:10 p.m.), Bill Bernard, and d'Arcy Bosell. Also present were City Planner Daryl Morey, Assistant City Engineer Todd Haas, and others. APPROVAL OF MINUTES There being no changes or corrections to the meeting minutes of 2/9/88, Chairman Perry declared that the minutes stand approved as printed. ORDINANCE 8 (Zoning Ordinance) AMENDMENT - PUBLIC HEARING, CONT. City Planner Daryl Morey explained that since the 2/9/88 meeting when the Commission recommended that the Ordinance 8 Amendment be adopted, he found two discrepancies with regard to sanitary landfills. Sanitary landfills are currently permitted as a special use in all districts; however, Ordinance 8 was amended by the City Council on 10/6/81 excluding landfills in all districts. Staff's proposed change would be to strike sanitary landfills as an allowable special use in all districts, thereby, eliminating the conflict in the ordinance. As a housekeeping measure in Ordinance 8, Section 1.03, under Shopping Center, Mr. Morey recommended that "Drive-in Businesses" include the wording "or businesses with a drive-thru window". Also, as recom- mended at the 2/9/88 meeting, within Ordinance 8, Section 3.02 under Personal Services, the words "including the following" were removed and replaced with "such as". Having considered these proposed changes, Chairman Perry, and Commissioners Pease, Bernard, and Bosell concurred that the 2/9/88 motion recommending adoption of the Ordinance 8 amendment, with these changes, be sent on to City Council for their consideration. GOOD VALUE HOMES REZONING. PUBLIC HEARING CONT. ::J Mr. Morey reported that Good Value Homes has submitted a market feasibility study and a plot plan for property located on the corner of '. o u Planning and Zoning Commission March 8, 1988 Meeting Minutes Page 2 Bunker Lake Blvd. and Verdin st., as instructed by the Planning and Zoning Commission at their 8/25/87 meeting. A site plan, presently in rough form, was also submitted for review. Mr. Morey reminded the Commission that a variance would need to be approved because the property is less than the 2-acre minimum as set down by Ordinance 8. John Peterson, Good Value Homes, addressed the Commission's questions and concerns. It was reported that a consultant firm was not hired to complete the feasibility study, but rather was done in their own office. While aware that a nearby Speedy Market store would be in direct com- petition with any proposed convenience store intending to build in this location, Mr. Peterson stated that such an occurance is not uncommon. Ms. Bosell corrected staff in that the study submitted is a feasi- bility study, not a market study. A positive aspect of this convenience store locating at the proposed site is that children from the adjacent single-family residential lots will be able to get to the store without having to cross Bunker Lake Blvd. Ms. Bosell felt that the problem was in granting the variance on the less than 2-acre site. She added that the hardship has been created by the applicant, which, by state statute, makes it difficult to grant the variance. Ms. Bosell stated that along with the final plat, the applicant will have to complete a commercial site plan application. Tim Allen, 13677 Xavis st. suggested that because of the many small children living in the area, that some consideration be given to creat- ing a park on the proposed property. Chairman Perry replied that that option was considered at one point; however, there is currently a park within the development. Mr. Allen asked that should a convenience station be located here that the pumps be positioned on the street side. Ms. Bosell reported that a problem with having a park in this location would be the parking issue, pointing out that it is a small site located at a major intersection. There would also be some concern in having an unsupervised park there. It was originally designed for non-residential use. Price Carlson, 13683 Xavis St., stated that he does not want this proposed convenience station in his back yard. He felt the area does not need another convenience store. Mr. Peterson responded to the issue of the less than 2-acre parcel. He stated that Good Value didn't own part of this exception when they came in with the Hidden Creek plat. They had to buy a house to make it possible for Verdin st. to go through. The city asked them to give the land to them to build the road at no cost, which Good Value agreed to; and the county asked for an extra 20-ft. The 100-ft. right-of-way is normal, but the turning lane branched out to 120 feet. Mr. Peterson queried why they couldn't rezone to the section line, in that they own all of that land. They would then easily meet the 2-acre criteria. " Ms. Bosell stated that the information regarding the extra 20 feet was never conveyed to the Planning Commission before. , \ ',--) Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 3 u \ / Chairman Perry pointed out that state regulations state that a variance is to be granted because of hardships that are not created by the owner of the property. Mr. Peterson pointed out that they did not own this property at the time the decision was made. Motion was made by Commissioner Bosell, seconded by Commissioner Pease, to close the public hearing. All voted yes. Motion carried. Commission members discussed whether or not the proposed use was one the city wanted to put on the property. Chairman Perry expressed concern with the proposed rezoning given the fact that there is a Neighborhood Business site at the corner of Bunker and Crosstown with room for additional businesses. There are Neighborhood Business zones within a short distance which are zoned for that purpose which have no development. She expressed concern that the city is overzoning to a particular classification. Chairman Perry also expressed concern that when we have these troublesome pieces of property, will they automatically become a Neighborhood Business? She queried the possibility of this site holding a public library; however, she was not aware if they would be interested in expanding. Ms. Bosell reported that there will be a library branch opening on 4/1/88 in the downtown strip center; however, they are reportedly not interested in an independent free-standing building. Ms. Bosell pointed out that because of its size, Neighborhood Business and Residential is the only possible classification this property would fit into. The location is a real problem what with the adjacent major intersection. Ms. Pease expressed three concerns: that the size of the property would require a variance, spot zoning, and the fact that the property would be limited to which type of business can go there. The possibility of the city's setting a dangerous precedent was also raised. In considering the type of zoning for this property, Mr. Peterson stated that with the busy intersection it would not be good land use to pur residential homes up to that corner. Mr. Morey reviewed the issue reporting that when this was platted, the outlot was set aside for non-residential use; but for some reason Good Value Homes were not aware they needed a minimum of two acres for Neighborhood Business use. He felt it was possible there could have been some miscommunication or misunderstanding. In staff's viewpoint, there doesn't seem to be a lot os uses either non-residential or non-open in nature for that parcel. Therefore, staff supports the proposed rezoning. '- ) Motion was made by Commissioner Bosell, seconded by Commissioner Bernard, that the Andover Planning Commission recommends City Council approval of the zoning request of Good Value Homes for the property \ U Planning and Zoning Commission March 8, 1988, Meeting minutes Page 4 u , / identified as OUtlot A, Hidden Creek Second Addition, noting the following: The Planning Commission, in its lengthy review of this rezoning request, requestdd that the applicant provide for the Commission a feasibility study to give the Planning Commission some background information in which to make its decision. That feasibility study has been received and re- viewed and documents adequately that the site could support a convenience center. The Planning Commission has held a public hearing in regards to this rezoning request and has had a variety of responses and great concern expressed in regard to the impact on the neighborhood immediately adjacent to this site. The Planning Commission has wrestled for many minutes with the difficulty encountered as a result of OUtlot A not meeting the 2-acre minimum requirements for a Neighborhood Business zone, but has concluded that since this property was included in the original plat of Hidden Creek Second Addition, said plat going through the process of 1985, and at that time the intent of Outlot A was to be non-residential in use and considering the fact that this is located on Bunker Lake Blvd. and Verdin st. which is deSigned to be a high traffic volume intersection, the Planning Commission recommends approval of this rezoning request. The rezoning will require a variance being granted for the size of the site as set out in Ordinance 8, 6.02 district provisions which requires a minimum of two acres in size for a Neighborhood Business lot. However, one of the reasons that the recommenda- tion is made is the fact that with the dedication of the "Mutt Property", this allows Verdin st. to extend to the south and the remnant of the "Nutt Property" does not provide enough square footage to make this lot meet the ordinance requirement. However, the Planning Commission still recommends that the variance be granted because additional right-of-way has been re- quired by the Anoka County Highway Department to provide for turn lanes on Verdin st. Further, the use of the property, if left undeveloped, is very questionable and it is not prudent and wise to leave a parcel eligible for tax forfeiture. Upon roll call vote Commissioners Bosell, Bernard, and Pease voted yes; with Chairman Perry voting a reluctant yes. Motion carried. Mr. Peterson reported that he has contacted three people regarding their interest in constructing a day care center on the property, but has not yet received a response. SPECIAL USE PERMIT #88-02 (ANOKA COUNTY) - PUBLIC HEARING City Planner Morey reviewed a special use permit request by North- western Bell to allow construction of a utility cabinet for telephone equipment at 1157 Andover Blvd N.vl. The property is currently zoned R-l. The Planning Department reportedly differs in their opinions of whether or not a special use permit is required and if so where the proposed structure can be located. , j Mr. Morey referred to Section 7, Permitted Uses. In considering the Special Uses permit section, 7.03, stated public utility structures are permitted uses except when conducted on public right-of-way. He feels this utility box would fall under the definition of "structure"; '--/ Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 5 u therefore, if constructed in the public right-of-way the special use permit would not be required. Chairman Perry concurred. If treated as a structure, certain setbacks would be required, but not as we would set back a building. Mr. Morey felt it would be too hard on this type of use. Ms. Bosell explained her position. Using Ordinance 8 and in 4.32 of the ordinance talking about quasi public structures, and if this meets the definition of quasi public which is not defined in the ordinance, but does define public and public utility (essential ser- vices), which could allow the determination that this is a quasi public structure because it delivers a public utility to the commumity. Under 4.32 of the ordinance it states that no quasi public structures shall be located within the public right-of-way except by permit issued by the governing body. The only permit identified in the ordinance is a special use permit. It could then be located within the public right- of-way. Ms. Bosell also pointed out that this structure is greater than what we allow in a sign. By that criteria it would have to be 10 ft. back from the property line. Ms. Bosell raised the concern of whether this cabinet would become a problem for traffic as far as a site barrier if it goes perpendicular to Andover Blvd. Joe Whalen, Evergreen Line Service, 6200 Shingle Creek Dr., Brooklyn Center, representing the telephone company, addressed the Commission stating that their reasoning is that should the adjacent road be widened at some future date, this cabinet is subject to be moved. If the cab- inet were 20 feet closer to where Andover Blvd. would eventually be it would be better for the telephone company, allowing better access to it. Mr. Whalen stated that placing the cabinet parallel with Andover Blvd. is preferable. The company wants the cabinet on private property; there- fore, an easement would be required. Ms. Bosell stated that whichever application is used in this case, the applicant would need a special use permit. If they change their re- quest to put it in public right-of-way they should resubmit drawings to show us where it will go in. However, they choose not to do this. Then, if the Commission agrees to modify the request to allow it to be set the same as a sign structure, being 10 ft. from the right-of-way line, then we must assume what is the right-of-way line. Bs. Bosell felt that in the long run Mr. Whalen would appreciate it if the city would require him to be 60 feet from the center line rather than the dedicated 33 feet. It would then be 60 feet from the center line plus 10 feet from the property line, which in all likelihood would assure the utility company that they would not have to move that structure. They would then meet the ordinance requirements in Section 8.07. -' '\ , , -' Jack Klebba, Northwestern Bell Engineer, stated that if the Commission is opposed to the site location for the cabinet, he indicated he would have no objection to it being located in the northwest corner of the map \ "J Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 6 u that was used. Once the box is established, the telephone company can't afford to move it. They anticipate over 700 customers as the area grows. Mr. Klebba stated that the cabinet has to be installed and in operation by June 1, 1988. (Commissioner Jacobson arrived at 8:10 p.m.) Mr. Jacobson questioned whether the telephone company would have to purchase the property, even for a minimal amount, in order to get a recorded easement. Mr. Whalen concurred that a recorded easement is the way to handle the situation. Mr. Jacobson stated that it should not be a purchase, only an easement with p~operty rights maintained by the city with the telephone company paying a very minimal amount for that purchase. Motion was made by Commissioner Pease, seconded by Commissioner Bernard, to close the public hearing. All voted yes. Motion carried. Motion was made by Commissioner Bosell, seconded by Commissioner Pease, that the Andover Planning and Zoning Commission recommends to City Council approval of the special use permit request of Northwestern Bell Telephone Company on the property identified as 1157 N. W. Andover Blvd. for the purpose of placing thereon a utility cabinet for telephone equipment. This recommendation is presented for the following reasons: 1) The applicant presented to the Planning Commission a sample of the cabinet to be placed on the site. 2) The City Planner Daryl Morey re- viewed to the Commission the ordinance and its requirements as it pertains to public utility uses and structures and concluded that if the structure were placed within the public right-of-way this process may be different. It was further discussed that this structure could qualify as a quasi public structure as set out in Ordinance 8, Section 4.32, and as such, could be placed in the right-of-way if the applicant so chose. The ap- plicant informed the Planning CommiSSion, however, that its cabinet needs to be placed on private property; and, therefore, the Planning Commission recommends that the placement of the cabinet be such that from the center line of Andover Blvd. the present right-of-way dedication is 33 feet; that additional 27 feet be considered as right-of-way to allow for upgrading of Andover Blvd. and that the structure be allowed to be placed 10 feet from that 27 foot right-of-way (37 feet) thus al- lowing its placement to be the same as a sign structure. The cabinet would be placed within an easement and that easement shall be 15'xl5' plus an additional 5'x37' to identify the size of the easement. The applicant has agreed to place the structure such as it will run parallel with Andover Blvd. and thus not create a traffic hazard for cars that will be leaving the intersection of Andover Blvd. and leon and looking to the east. Public hearing was held and there was no response from the public at all in regards to this request. Motion carried upon a 4 yes, 1 present (Jacobson>> vote. \ SPECIAL USE PERMIT #88-02 (ANOKA COUNTY)-PUBLIC HEARING City Planner Morey reviewed special use permit application #88-01 to allow Anoka County to construct a 300-ft. radio communications tower. Mr. Morey drew the Commission's attention to an aerial photo taken in . " \--.-J Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 7 u \ - ) 1985 which doesn't show the new highway department building. The City Planning Department requested to see a map showing where the tower is in relation to the building. Staff expressed concern that should the tower be constructed on the property as shown on the site map, it would eliminate the possibility of any commercial development at the corner of Hanson Blvd. and Bunker Lake Blvd., since provisions must be made for the tower that should it ever fall, that it would land entirely upon its own property. Therefore, that corner would not be allowed to be split off and sold for commercial development. Bruce Wojack, Anoka County, stated that county consideration may be given to construct, probably within the next year, a radio rapair shop at this site similar in design to the Highway and Park Building, approximately a 30'x60' building to house the radio repair equipment. In discussing even further conjecture, Mr. Wojack stated that at some point, the central communications dispatch center, presently housed in the lower facility of the courthouse, may be also constructed at this location. Harry Hillegas, Anoka County, confirmed that the tower, should it fall, which reportedly is very rare, would come down in 20-ft. sections. It is designed to sustain 80 MPH winds with one-half inch of ice. Ms. Bosell determined that the large fall pattern would then not be necessary. She expressed concern that the 350 feet would be unusable should the fall pattern be required. Ms. Bosell questioned that if this is dedicated county property, can the county sell it to a private industry for commercial use? Mr. Wojack did not know, but did state that the county has no such intention. Mr. Jacobson pointed out that there was no drawing submitted on the type of tower to be used. Mr. Hillegas stated that the tower has not been purchased yet. The county normally uses a 100 watt output transmitter. Mr. Jacobson queried why the tower isn't being put up in Ramsey instead of Andover. Mr. Wojack reported that they are presently located on an H & S Asphalt site and has been given notice that within 120 days any- time in the near future they will be asked to leave that location. In looking for an expansion site in the center of the county, this location was found to be ideal. Also, the location on the site was chosen because the Metro Council informed them that they could not move further back on the property because they had to be in the buffer zone because of the landfill. County representatives stated that they foresaw no problems with the microwave paths from the substation across the street. Chairman Perry's concern lay less with the fall factor than with the visual impact and usability it will have on the corner. '- ..-/' Ms. Bosell recommended that the telephone company confirm whether or not that property can be developed into commercial property. Mr. Wojack agreed to pursue that matter with the County Attorney's office. He would further request the county's long-range plans, informing them that that is part of the Andover Planning Commission's concern. \.J Planning and Zoning Commission March 8, 1988, meeting minutes Page 8 u i / Commissioner Jacobson queried how close the guys will be to Hanson and Bunker? Mr. Hillegas reported that they would be approximately 110 feet back from Bunker. There will also be a small equipment shelter constructed, depending on whether or not the radio building is built. Motion was made by Commissioner Jacobson, seconded by Commissioner Pease, to close the public hearing. All voted yes. Motion carried. Ms. Bosell recommended tabling to the next meeting to allow time to find out if anything can be done with the property, in terms of com- mercial development. Ms. Bosell asked that Anoka County look at the site to see if the tower can be moved or somehow better placed so that if there is a potential to develop the site that it doesn't kill that corner. Mr. Wojack stated that the only possible direction to go would be south because of restrictions set by the Metro Council. Mr. Morey agreed to contact the Metro Council for further information. Motion was made by Commissioner Jacobson, seconded by Commissioner Bernard, to table this application to the next regularly scheduled meeting to allow time for staff to contact the Metro Council and the Anoka County Attorney to respond to the question of whether the property, sometime in the future, can be sold for development. All voted yes. Motion carried. ~~. Bosell requested that drawings be tower in relation to the Highway BUilding. agreed. made available showing the Anoka County representatives Chairman Perry recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. BRANDON LAKEVIEW ESTATES PRELIMINARY PLAT - PUBLIC HEARING '1 \. J Chairman Perry opened the public hearing. Assistant City Engineer Todd Haas reviewed the preliminary plat information and the grading and drainage plan for the Brandon Lakeview Estates Preliminary Plat, l44th Ave. and Round Lake Blvd. The Andover Review Committee reportedly recommended approval. Mr. Haas reported that the lowest floor elevation shown is 874.0. The developer has suggested a variance from 874 to 871. The ARC and staff has recommended denial because it is preferable to keep the basement elevations above the 100-year flood elevation. The developer reportedly has no problem with that. The variance being requested relating to Lots 1 and 4 doesn't meet the requirements. Lot 1, as set in the Shoreland Management Ordinance, is within 1,000 ft. of Round Lake and is required to have 85 ft. at the 35 ft. building setback. He has 82 ft. On lot 4 he has to ha~ 90' for a corner lot as stated in Ordinance 10. To meet the requirements, the developer is asking to have the setback 45 ft. as the only variance. The Building Department reportedly has no problem setting the building 10 ft. further back. This will have to be submitted to the DNR for their approval. u o Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 9 ) Ms. Bosell informed the developer that in regard to the grading and filling, clear cutting, and the vegetative process, it is very restrictive because it is protected water. She stated that permits must be obtained through the city. Anything that is within the 1,000 feet of the lake is within the jurisdiction of the city. Ms. Bosell recommended that the applicant get a copy of Ordinance 71 from city staff for his information. The plat needs to be sent to the Department of Natural Resources. Motion was made by Commissioner Jacobson, seconded by Commissioner Pease, to close the public hearing. All voted yes. Motion carried. Motion was made by Commissioner Jacobson, seconded by Commissioner Bernard, that the Andover Planning and Zoning Commission recommends to the Andover City Council approval of a preliminary plat known as Brandon Lakeview Estates, approximately 6.99 acres at the intersection of 144th Ave. N.W. and Round Lake Blvd. with the following notations and variances: 1) recommendation of variance requested on Lot 1, Block 1 to make the minimum front setback line 45 ft. rather than 35 ft. in order to meet the proper width of the lot. On Lot 4, Block 1, the 45 feet for the same reasons, subject to park dedication fees and subject to the plat being sent to the Department of Natural Resources for review and comment as required by ordinance. Ms. Bosell requested an amendment to the motion requiring a variance on Lots 1, 2, 3, and 4, Block 1, to go from 35 ft. to 45 ft., referencing Ordinance 8, Section 3.02AAA and Ordinance 71, Section 3(a). Ms. Bosell noted that the adoption of this variance provides for meeting 9.06 (a) at the 45 ft. dimension, meeting the 90 ft. requirement. Maker of the motion and second approved the amendment. Upon voice vote on the motion all voted yes. Motion carried. ORDINANCE 19 AMENDMENT DISCUSSION Mr. Morey reported that the Ordinance 19 Amendment was prepared by the City Attorney and placed on the council agenda during the meeting before being reviewed by the Planning Commission. Upon review, Mr. Morey stated that there were some wording flaws and questions about the ordinance amendment as it appeared at the 2-2-88 council meeting. Staff feels that it would have been appropriate for this to have been reviewed by the Planning Commission prior to council consideration. There have reportedly been semilar instances in the past. Planning staff members are presently included in staff meetings and will be able to watch for such cases allowing for Planning Commission review before they reach City Council. MISCELLANEOUS \ " ) Mr. Morey reported that Riccar Heating.and Air Conditioning has ap- proached staff stating that they are interested in purchasing a corner \ \.j Planning and Zoning Commission March 8, 1988, Meeting Minutes Page 10 u lot in the Commercial Park off of 136th, which would be the city's entry for Phase I into the Commercial Park. It is located on the corner of Verdin and 136th. They presently have an unsightly lot in the Hughes Industrial Park and want to move to Andover. Hr. Morey recommended that the lot in question would be best utilized as retail, a higher intensity, higher visibility use. Mr. Morey felt it important that proper consider- ation be given so that whatever is allowed on that corner will set the tone for the Industrial Park. It was reported that a party is interested in moving a dental practice into Andover who also wants a corner lot. She doesn't, however, want to be in an industrial-type area. The Riccar development agreement will soon be going before the City Council; there- fore, staff was requesting Planning Commission imput. Chairman Perry concurred that previous discussions had indicated the Commission's preference to have the heavier commercial uses on the interior of the Commercial Park. The entrance way should be more retail in nature. Mr. Morey recommended that the City Council adopt as a policy that such uses as Riccar be located in the interior. Should this firm receive the proposed corner lot, it was recommended that the city strictly enforce the ordinances. Planning Commission concurred. WORK SESSION The Planning Commission agreed to set a work session immediately following the 3-22-88 regular meeting if time allows. If not, a special meeting may be scheduled for 3-29-88. ADJOURNMENT There being no further discussion, Chairman Perry declared the meeting adjourned at 10:00 p.m. Respectfully submitted, Y1 (///-7'<./ v~ ...~;;~!~~ , ~ Mava Mikkonen, Secretary