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HomeMy WebLinkAbout05/08/07A O F C}W 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.AN DOVER. MN. US Andover Planning and Zoning Commission Meeting Agenda May 8, 2007 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes — April 10, 2007. 3. PUBLIC HEARING Conditional Use Permit Amendment (07 -06) to extend time period for temporary classrooms for Meadow Creek School located at 3037 Bunker Lake Boulevard NW. 4. Other Business: 0 5. Adjournment 9 A NDOVE T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - April 10, 2007 DATE: May 8, 2007 Request The Planning and Zoning Commission is asked to approve the minutes from the April 10, 2007 meeting. 7W L C I T Y 0 F -. _- • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNINGAND ZONING COMIIHSSIONMEETING -APRIL 10, 2007 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 10, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others 0 APPROVAL OFMINUTES. March 27, 2007 Motion by Casey, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- present ( Daninger), 0- absent vote. PUBLIC HEARING: LOT SPLIT AND REDEVELOPMENT PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 13423 CROOKED LAKE BOULEVARD. Mr. Cross stated Dennis Steinlicht has applied to split his property along Crooked Lake Boulevard into two urban residential lots. The existing house, built in 1946, would be removed and two new houses built on the lots. The application is being reviewed using the newly - adopted "Redevelopment PUD" code section 13 -3 -13. Mr. Cross reviewed the information with the Commission. He noted staff wanted to add one condition to the Resolution. Condition 11 covers deferred assessments. This will read "Any deferred or pending assessments for this property shall be paid as part of this lot split ". A N Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2007 Page 2 Commissioner Holthus stated the Code on page 21 of the staff report states "all • provisions to City Code Chapter 13 -3 shall apply to redevelopment PUD's except for Section 13- 3 -11 ". This section talks about landscaping requirements and buffers and this PUD would not have to have the requirement of providing some type of buffer or landscaping plan. Mr. Cross stated this was correct. 13 -3 -11 are requirements that apply to a large scale subdivision PUD. That has the economies of scale that can allow for these attributes to be incorporated into the plan. On a lot split with two lots, these design qualities do not factor into the proposal and are not required for the redevelopment PUD. Commissioner Holthus asked if there are many trees on the property now and if there was a landscaping plan at all. Mr. Cross indicated that was a question that the applicant may be able to answer. Chairperson Daninger stated the catch all on that point b of 13- 3.13b, is the last sentence "approved by Council ". Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:08 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. No one wished to address the Commission. Motion by Casey, seconded by Kirchoff, to close the public hearing at 7:08 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Jack Knoedl, NK Financial, indicated he was representing Mr. Dennis Steinlicht Commissioner Holthus wondered if they had a landscaping plan. Mr. Knoedl stated there a few trees on the back comer of the lot that would not be disturbed. They do not have an official plan at this time but he thought there would be smaller trees and some landscaping done as part of this development. Their feeling in working the Council and staff on this is that at the time they were actually to start construction, they would submit a total blue print for approval which would include landscaping. Their objective is to get the homes to conform to the neighborhood as well as the final buyers. He stated they would like to have the buyers customize their homes to meet their needs so they will be long time owner /occupants. Chairperson Daninger asked if the applicant was aware of staff adding Condition 11 to the Resolution. Mr. Knoedl stated he was not aware until staff discussed this with the Commission but he did not think it would affect them and they will be willing to pay any assessments remaining to hook up to sewer and water. Chairperson Daninger asked if they were aware they did need to hook up both homes to City sewer and water. Mr. Knoedl stated he understood that. Mr. Cross wanted to make clear that this redevelopment PUD language is only used for lot splits. While the desirable design qualities are waved these are just for a lot split • situation. He stated there is no situation where a large scale subdivision could move 4 Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2007 • Page 3 forward under this redevelopment PUD language and say they do not have to fulfill the design qualities because they are a redevelopment PUD. He also stated the proposed architectural plans are in keeping with the neighborhood as far as house size. Chairperson Daninger asked if the homes would be sold or would they be rentals. Mr. Noddle indicated the homes would be sold. Chairperson Daninger asked for a clarification on the lot split/redevelopment PUD. He wondered if they are going to approve both or should they have a separate motion for each item. Mr. Cross stated typically with PUD's, they will see the PUD language incorporated into a single resolution. In this situation they have a lot split and a PUD and the PUD is handled as a Conditional Use Permit. That is why the CUP resolution is separate but it is going along with the lot split resolution. The Planning Commission could form a single recommendation. Commissioner Walton asked with the lot width for Parcel A being fifteen feet narrower than a normal comer lot requirement, can the driveway still conform to a distance from the comer requirements for driveway or do they have to approve a variance for the driveway. Mr. Cross stated no variance has been requested at this time. The driveway will have to conform. • Motion by Walton, seconded by Casey, to recommend to the City Council approval of the lot split and Redevelopment PUD request adding Condition 11 "Any deferred or pending assessments for this property shall be paid as part of this lot split ", to the Resolution. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Cross stated that this item would be before the Council at the April 17, 2007 City Council meeting. WORK SESSION a. Consider Code Amendment Regulating Bee Keeping Mr. Vrchota stated an Andover resident has requested that the City adopt an ordinance outlining regulations for bee keeping activities in the City. The City Council directed staff to draft an ordinance at their March 20, 2007 meeting to allow honey bee - keeping on parcels larger than 2 acres in size in the rural area. Mr. Vrchota discussed the staff report with the Commission. Commissioner Kirchoff appreciated staff taking the time in condensing this ordinance for them. He thought they did a great job. L1 Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2007 Page 4 Commissioner Holthus stated she contacted some other cities regarding this and Maple • Grove indicated bee keeping is prohibited in RI to R5 Districts and is allowed in residential agricultural zoning areas. Residential agricultural is twenty acres or more in Maple Grove. Blaine indicates that bees are regarded as farm animals which are under their farm animal code and it must be in an agricultural zone district with a minimum of one acre but there are no areas in existence like that. Ham Lake indicated that bees are regarded as an agricultural use and there are no minim acres. Ramsey and Apple Valley do not address bee keeping at all. She did not think any of the cities had bees listed as nuisance animals. Commissioner Cleveland asked if what was written fairly consistent for other animals under the animal control ordinances. Mr. Vrchota stated this is actually pretty specific to Honey Bees. Commissioner Cleveland asked if they put this as an Ag. Animal, would the minimum be five acres. Mr. Vrchota indicated that was correct. Commissioner Falk asked what happens if the MUSA decides to go into that residential area. Mr. Vrchota stated for the MUSA boundary to be expanded, he believed the property owner would have to agree to that. They do not expand the MUSA area without property owner involvement. If the MUSA did expand, the properly would no longer meet the requirements of the code so they would have to remove the hives. • Commissioner Kirchoff stated he has a personal experience with family raising honey bees and a honey bee sting is very rare unless provoked. He thought their reputation was an over - reaction and they are actually good. Mr. Vrchota indicated the ordinance is crafted strictly toward European Honey Bees. Chairperson Daninger sensed everyone liked this. He asked for clarification regarding a colony and a hive and if they are one and the same. Mr. Vrchota thought that was correct and would double check it. He stated he would make sure the ordinance had the appropriate language in it. Chairperson Daninger stated in the model ordinance it says "one acre but smaller than five is eight colonies" under 5.2.d. When they came up with eight on 2 acres that was just staff recommendation. Mr. Vrchota indicated that was correct. The Commission concurred that the ordinance looked good and should go forward to the City Council. OTHER BUSINESS. Mr. Cross updated the Planning Commission on related items. • fj E • Regular Andover Planning and Zoning Commission Meeting Minutes —April 10, 2007 Page 5 ADJOURNMENT. Motion by Casey, seconded by Walton, to adjourn the meeting at 7:32 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • L N T Y O F D OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann(*; SUBJECT: PUBLIC HEARING Conditional Use Permit Amendment (07 -06) to extend time period for temporary classrooms for Meadow Creek School located at 3037 Bunker Lake Boulevard NW. DATE: May 8, 2007 INTRODUCTION Meadow Creek Christian School received approval to allow four temporary classrooms on July 2, 2002. The permit is scheduled to expire on June 11, 2007. The school is requesting that the permit be extended to allow the classrooms to be used through June of 2009. DISCUSSION The applicant has purchased property and received approval of a site plan for a new school on a site at the northeast corner of 161" Avenue and Tulip Street. The fundraising effort has been successful, but has not yet reached the amount required for construction of the new school. As a result, the school will need to continue to operate at its present location at this time. is When the temporary classrooms were approved in 2002, a number of conditions were added to ensure that they would be safe for students and staff. The resolution detailing these conditions is attached. The school has complied with all of the city's requirements and there have been no issues with the operation of the classrooms. The applicant has indicated that no modifications to the temporary classrooms will be needed and they will continue to be operated as they have been for the last five years. Staff Recommendation Staff recommends approval of the proposed conditional use permit to extend the permit to allow the temporary classrooms to continue to be used through June of 2009. Attachments Resolution Location Map Letter from Applicant Site Plan Previously Approved Resolution ACTION REQUESTED The Planning Commission is asked to hold a public hearing, discuss the proposed conditional use 1 , 4itmake recommendation to the City Council. mitted, dnar Cc: Wendall Harris, 3037 Bunker Lake Blvd NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA • RES. NO. A RESOLUTION AMENDING CONDITIONAL USE PERMIT (02 -08) TO EXTEND THE PERMIT FOR TEMPORARY CLASSROOMS TO JULY 1, 2009 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow temporary classrooms until June of 2007 from the City Council on July 2, 2002; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS, Meadow Creek Christian School has made significant progress in raising funds for the new school yet will not have the school constructed when the conditional use permit for temporary classrooms expires; and WHEREAS Meadow Creek Christian School has requested that the conditional use permit for • temporary classrooms be extended through June of 2009 to allow time for the new school to be constructed; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment to allow for the continued use of the four temporary classroom structures with the following conditions: 1. The temporary classrooms shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on July 1, 2009. Adopted by the City Council of the City of Andover on this of 5 2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk ` T Y ° Conditional Use Permit Amendment - Temporary Classrooms NDOVE Meadow Creek Christian School Incorporated 3037 Bunker Lake Boulevard 1974 Location Map _ SUBJECT PROPERTY N EADOW dd REEK 3037 NW Bunker Lake Blvd Andover, MN 55304 Phone: (763) 427 -459 Fax: (763) 427 -3398 City Council City of Andover April 2, 2007 To Whom It May Concern: Five years ago, Meadow Creek Christian School was permitted by the City of Andover to install four temporary buildings on the property of Meadow Creek Church. At that time, the school was just starting a plan to build a new facility at a separate location. We still intend to build the new building. At the time we first put the temporary buildings in place we only had a rough estimate about what such a facility might cost or look like. Since then we have developed an architectural design, hired a builder, met all government regulations and raised close to $2.5 million for the project. Our plan is to complete our fundraising and start construction on our new facility next spring right around this time of year. The builder estimates it will take us about 15 months to complete the new building. What this means is that we will need the temporary buildings for another two school years. We would finish our need in June of 2009. The temporary buildings have greatly enhanced our program. It would be a serious hardship not to have them. Over the past five years, we have maintained them well and we have had no complaints from any neighbors. The situation is probably helped by the fact that they are tucked back in behind the church building and the closest house is about 200 yards away. For all of these reasons, we request an extension on our permit. If you have any additional questions, you can contact me at 763 -427 -4595 during business hours. Sincerely, �- Tendall Harris Superintendent Meadow Creek Christian School 0 - - - - - -- 1 I 1 I I I I I \ I I I r I r , ` 1 \ n • I `1 1 1 t i l mm // I I�♦ \ \ ��` ! II u ID E� e2 w'm 11 m , r / J � ' c ' � / / r �m wLL m r� l.J 0 L C F d l i u F CT • ( • z C) F Q LU � 6 � r �w Qa Z � T CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J3 a�V- a -o RES. NO. R107 -02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHURCH TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW WHEREAS, Meadow Creek Church has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Boulevard (PIN 33 32 24 23 0005), legally described as: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota. n ►.J • WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 Section 5.03, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for temporary classrooms on said property with the following conditions: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. Any propane tank must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. Installation requirements will be addressed at the time of installation. 5. A minimum often feet (10') would be required to separate the classrooms from the gym. 6. The Site Plan will need to be signed. 7. The Special Use Permit would expire by June 11, 2007 or earlier upon the sale of the • premises for which the Special Use Permit is granted. 8. This Special Use Permit shall be subject to review at anytime the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this 2 " day of July, 2002. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk A Michael R. Gamache, Mayor 9 •