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HomeMy WebLinkAbout02/12/080 Andover Planning and Zoning Commission Meeting Agenda February 12, 2008 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — January 22, 2008 3. PUBLIC HEARING Consider Ultimate Fighting Ordinance 4. PUBLIC HEARING Permitted, Conditional and Prohibited Uses (Chapter 12- 12) to add churches as a conditional use in the Shopping Center Zoning District. 5. PUBLIC HEARING Conditional Use Permit (08 -01) to allow Coon Rapids United Methodist Church to be located in the Hanson Commons II Shopping Center located at 1574 154' Avenue NW. 6. PUBLIC HEARING Antenna and Tower Code (Chapter 9 -12). 7. Other Business 8. Adjournment P 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • 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 - January 22, 2008 DATE: February 12, 2008 Request The Planning and Zoning Commission is asked to approve the minutes from the January 22, 2008 meeting. C I T Y o f ND OVA . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING —JANUARY 22, 2008 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 22, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Michael Casey. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others • APPROVAL OF MINUTES. December 11, 2007 Motion by Kirchoff, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. PUBLIC HEARING. 2008 COMPREHENSIVE PLAN UPDATE. In addition to the update that has been reviewed over the past year, staff has received three requests from property owners to make specific changes to the plan. Staff has notified the property owners in the neighborhoods surrounding each request. It is recommended that each request be addressed independently to avoid confusion and allow them to be appropriately addressed. a. MUSA expansion and land use change request for a portion of the Woodland Creek Golf Course 0 Regular Andover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 2 The owner of Woodland Creek Golf Course has indicated it is no longer financially • feasible to operate the course. As a result, the property owner is requesting that the limited buildable area of the course be allowed to be converted to provide residential housing. Mr. Bednarz reviewed the information with the Commission. Mr. Ron Vanelli, 7023 Northshore Trail, Forest Lake and Mike Olson, 22960 Imperial Avenue, Forest Lake, stated they were at the meeting to explain why they are asking for these changes. Commissioner Holthus wondered if they were intending to keep the golf course. Mr. Vanelli stated they are not sure and the decision will be made after they find out what will be happening with this request. Motion by Falk, seconded by Walton, to open the public hearing at 7:13 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Jim Nelson. 3342 133` Avenue N.W., stated from his standpoint the Comprehensive Plan is like a blueprint that they do not want to change it if it is not needed. He thought it was important to take the request very seriously because the golf course is the only one in Andover and it may disappear. He stated he was surprised by the six reasons to move • forward. He thought the first reason was not a sufficient reason to change the Comprehensive Plan. Mr. Dean Husfeld, 3379 142 "d Avenue, stated he wanted to talk about the importance of the golf course in Andover. He reviewed the different groups and leagues that have been at the golf course over the summer. He stated the golf course went downhill once the new owners took over and increased their prices to be the same as other courses in the area. He did not think the course compared to others so he did not think it should have increased. He stated many groups and leagues left and went to other golf courses because of the increase in fees. He stated he was not sure if the gain was to improve the course or if it was for personal gain. Mr. Jeff Squires, 3219 140' Avenue, stated he has seen a lot of changed over the years and one of the things he will miss if the golf course leaves is watching the kids use the course. One of the issues of concerns is if this area gets built on is the watershed. Mr. Jonathan Jasper, 14197 Orchid Street, reviewed the history of this area. He stated the promises, the representations, the desires that were brought to them before have not come true and what is going to happen now is that a lot of townhomes will be built and the golf course will disappear forever and that is a bad thing to have happen to the City of Andover. He stated the golf course has not been marketed or kept up. He stated this is not a good reason for the City to change the Comprehensive Plan. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 22, 2008 Page 3 Ms. Carol Cronholm, 2950 139' Avenue N.W., stated she wanted them to consider using this area as green space and in looking at a plan like this she would encourage a Comprehensive Plan in order to look at what would happen to the surrounding area if this were to be allowed. Mr. Chris Dahl, 3355 140 Avenue N.W., stated he was at the meeting for personal reasons. When the plan came forward before to build the golf villas he was in favor of it because he thought it would make the golf course better and improve it but nothing has been done to the golf course since the villas have been built. He did not think the owners intended to run the golf course as a profitable business. Mr. Bill Dreshmeier, 3265 140 Avenue N.W., stated an idea he has is the silver lining to the cloud is their taxes will go down significantly if the golf course closes. He stated their property values will go down and to keep the development and golf course proposal separate cannot be done because one affects the other so somehow they need to blend the two things. Mr. Rick Ruprecht, 14149 Orchid Street N.W., stated a couple of his concerns are they will be losing the driving range and a lot of people enjoy using it. He stated he is a real estate agent and usually pro development but he is against this. He stated he sees wildlife out there and felt this will change. Another concern is the way the economy is it would not be a good time for a new development because he would not like to see it sit there empty for fifteen years. He did not think there was a market for it at this time. He stated he would like to see the golf course sold to someone who would appreciate the course and want to continue and keep it as a golf course. He stated if the owner would like to keep the golf course runnin check with ideas the surrounding residents have. Mr. Bill Hentges, 3061 142 Lane N.W., stated the main thing he wanted to touch on is the effect this will have on the floodplain of the area. If they change the ten acres to medium density there will need to be considerable fill brought in to make it buildable and will send the water into the neighboring yards. The site itself, for medium density to change that, right now that is open space and Coon Creek is adjacent and this is a major wildlife corridor. The ten acres, if developed, will be a choke point for the wildlife. He stated this would be in conflict with the Comprehensive Plan, which is to maintain open space and keep wildlife corridors open. Mr. Bryant Beehler, 14133 Orchid Street, stated his concern was when they built their home he made sure it was above the floodplain, when the villas were built, the water, in two years, came up to their property line which had never happened before and he was worried that the water would go further into his property if the land were changed again. He showed previous years photos of where the water came up to his property after it rained. W. Larry Larsen, 3252 143` Avenue N.W., stated with better management the golf is course could pick up and make money. Regular Andover Planning and Zoning Commission Meeting Minutes — January 22, 2008 Page 4 • Ms. Teresa Rupkalvis, 13924 Heather Street, stated it was her understanding that the current owners were in arrears for taxes and have been hooked up to sewer and those assessments have not been paid. She thought it was hard to understand all the changes and information and to make a major zoning change or two, entertain the idea when someone is behind in their taxes and if the zoning change were to take place, it was her understanding in reading the document that the person with the zoning change would take financial responsibility for any public capacity, such as traffic lights, the traffic it would create and she did not think that person is in that financial position. It would be her proposal that it may put them in arrears and once they mess with that part of the land, they will not get the golf course back so her biggest concern is the financial situation that individual is in that she did not know if they have addressed whether or not they have the financial capability to move the project forward. She thought as a whole the project needs more research, they need to address the financial and ecological impact that it would make for their community. She did not think it has been presented to enough people. She thought once this is changed, it would be changed forever and she thought they needed to stay focused on the vision of Andover and they need to keep their goals of the Woodland Creek Golf Course community. They also need to preserve the wetlands and the ecological system that is in place. Mr. Bob Routes, 3183 140 Avenue N.W., stated at the time the original owner purchased the property and built the golf course, they did some substantial changes of the • topography which created some problems in terms of back water being that this is a flood zone. The proposal has all the earmarks that the current owners are going to abandon it after they sell off the ten acres. There is no access to it provided, there would not be any land that would be suitable for a golf club or a parking lot so there would not be any golf course left so why should the owners retain it. He stated this would take more property off the tax roles. He wondered if they were going to recover the property back to the original state, which was a flood plain before it was a golf course. If the land was completely redone after the golf course was taken away it may be an acceptable thing but to just abandon it as it stands now, they would have a great mess. Mr. Todd Singer, 14112 Ivywood Street N.W., wondered where this will stop. He stated if they take and hack the property up there will be nothing left of it He stated this is people's personal property surrounding the golf course and he did not think it was right that the City can all of a sudden decide to get more tax base by putting homes backing up to their properties just to accommodate the current owners of the golf course. Mr. Jim Nelson stated not all of the current ten acres are buildable so he wondered if the medium density is based on the current acreage or is it based on what is currently high land. Mr. Bednarz stated the City calculates the density on gross acreage, not buildable acres. He explained the steps that would need to be taken to determine how much density could be built on the land. Regular Andover Planning and Zoning Commission Meeting Minutes — January 22, 2008 Page 5 • Mr. Nelson stated there are townhomes that are PUD's and he asked if this were to be rezoned and the Comprehensive Plan changed, would it be a PUD development. Chairperson Daninger stated it could probably be a PUD. Mr. Bill Hentges stated they only have around 2.5 buildable acres on the ten acres proposed and he did not think this is compatible with the surrounding area. Mr. Jasper stated the zoning code in Andover indicates Medium Density is to be a buffer between commercial and residential and there is no commercial in the area for a couple of miles but for the golf course itself. He stated if they change the zoning the owner has the right to build anything they want that fits into the current zoning and the golf course is done. Ms. Debbie Gillis, 3183 140` Avenue N.W., stated she loves the golf course and that is the main reason she purchased her retirement home. She stated if the City purchased this land as open space, they could also purchase the land across the road to make an eighteen -hole golf course. She thought this was something they should consider. Mr. Bryant Beehler stated his concern is the flood zone and he wondered if the City Planning Committee would be able to build into any changes in the Woodland Creek Golf area a successful method to prevent flooding of theirs and their neighbors properties • in the future with any changes they make on the golf course. Chairperson Daninger stated the drainage from what is built cannot affect the neighboring property. Mr. Tim Keillor, 3129 140 Avenue N.W., stated his concern is the foreclosures in the City. He wondered how they can be talking about development when there are so many foreclosures and developers going bankrupt. Mr. Jeff Squires stated there has been talk about acquiring open space and if this is done, there are a couple of other issues. If the City took over the property they could run it as a municipal golf course but be did not see that as a real distinct responsibility. He stated the options if the City were to acquire it are many. One is to keep it as a golf course, keep it as open space or keep it and lease it out for a golf course. He stated with adequate marketing, it could be a nice course. Mr. Richard Volloy, 3150 South Coon Creek Drive, stated at this point he was looking for a decision from the Planning Commission to vote against this. If they do not approve this, the sewer cannot go in and they will not lose the wildlife. Motion by Walton, seconded by Cleveland, to close the public hearing on Item 3A at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Falk asked if the Open Space Committee has looked at purchasing this • land. Mr. Bednarz stated staff has looked at this and if it were to be purchased and used as a golf course, it could not be purchased with the open space funds. Regular flndover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 6 • Commissioner Holthus asked if the City were to purchase the land as open space, would the land need to be rezoned. Mr. Bednarz stated it would not. Commissioner Holthus asked for clarification as to where on the map provided the clubhouse was. Mr. Bednarz showed the map and pointed out the specific area. Commissioner Kirchoff wondered if the entire ten acres was outside of the one hundred year flood plain. Mr. Bednarz indicated it was not. He showed where the area was that was in the hundred year flood plain. Commissioner Kirchoff asked if assisted living could be built in this area. Mr. Bednarz stated if the proposal were approved it could but the number of units would need to be determined through the PUD process. Commissioner Walton stated this was tough to stay non - emotional about this issue because everyone who lives around the golf course has used it and enjoyed it. He struggled with wondering if development was worth it. He stated he could not separate the two and thought there were issues with the watershed and future traffic issues that would be created. He thought this land was like other areas in Andover that was landlocked or turned into marsh and he would personally like to see the golf course remain. Commissioner Holthus stated she agreed and would like to see the zoning remain the same. She saw the hundred year floodplain as a huge problem for the area. She would also like to see a golf course stay in this area. Commissioner Cleveland agreed and stated to him the watershed issues and floodplain is a big issue and he would leave things as they are. Commissioner Falk stated he also agreed and would like to keep the Comprehensive Plan the way it is. Commissioner Kirchoff stated he could support what his fellow Commissioners have stated. If this were to actually develop, of the ten acres, with all the issues that would be involved, the sixty units would pare down to seven or eight single family homes and then they would still have the open space and he was not sure what they would do with that. He thought this property could be resold and reinvigorate it. He did not think the ten acres will amount to much. He would like to leave it as is. Chairperson Daninger concurred with the other Commission members and was in favor of leaving it as open space. Motion by Walton, seconded by Cleveland, to recommend to the City Council decline the request of the change to part 3A. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) • vote. Regular Andover Planning and Zoning Commission Meeting Minutes — Januaiy 22, 2008 Page 7 L� Mr. Bednarz stated this item would be before the Council at the February 6, 2008 City Council meeting. b. Sewer Staging Plan Request 14861 Prairie Road The owners of these properties have requested that the Sewer Staging Plan be amended to allow the properties to be served by a trunk sewer line located to the south of Andover Boulevard. Presently these properties are proposed to be served by the Bluebird Trunk Sewer Line, which is located approximately one mile to the west. As a part of this request the property owners have asked that the timing of the sewer stage designation be changed from 2020 -2025 to 2005 -2010. Commissioner Kirchoff asked if the developer would be paying for the costs for the entire extension. Mr. Bednarz stated they would have to pay for all the costs of the extension and then possibly be reimbursed at the time of future development, which complicates assessments. Motion by Walton, seconded by Falk, to open the public hearing at 8:27 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. • Mr. Robert Day, applicant, stated they are looking at the property being market driven and would not be built in the next year or two. He stated they do not have any intention of leapfrogging over property but would like to be in the Comprehensive Plan as receiving sewer staging earlier. He stated these two properties are at the end of a large area owned by another property owner. Mr. Mark Smith, 2120 Otter Lake Drive, Lino Lakes, stated they did not want to be left out this long and this would be market driven. He felt they are being forced by a large property owner to wait until they are waiting and they would like to be in the current time frame of 2005 to 2010. Mr. Doug Kelding, 14745 Evergreen Street, asked if once the sewer line is run, would that change the zoning on that piece of property. Mr. Bednarz stated if it would be developed, the zoning would need to change. Mr. Kelding stated his contention is the reason they want the staging changed is so they can change the zoning. He stated he was against this because the only reason he could see they would want this is to change'the zoning and develop townhomes. Mr. Bednarz stated these two properties are planned to be serviced with sewer and water in the future and are planned to be single - family housing. The only question before them tonight would be regarding the timing. 40 Regular Andover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 8 Ms. Michelle Tejada, 14744 Evergreen Street, asked what the intention for use is on this • property. Chairperson Daninger indicated when sewer comes in it will be rezoned to R-4 but there has been no rezoning request. Ms. Tejada asked why they needed to move the date up for staging of the sewer. Mr. Bednarz wondered the same thing. Ms. Tejada asked if the sewer and water is brought to this land, will they be forced to hook up. Mr. Bednarz stated they would not. Ms. Tejada asked if this is moved up would the developer pay for everything or would each property get assessed. Mr. Bednarz stated the developer would need to pay for everything and the properties would not be assessed until developed. Mr. Jeff McMonigal, 14744 Evergreen Street, stated they moved out of the City to a 2.5- acre lot and it was his understanding the area would not develop before 2025 and they would like to see it stay that way. Mr. Doug Meister, 541 Andover Boulevard, stated he was told by the City that when the sewer line gets up to the final end, there would be a very limited capacity so he would only get a limited number of units per acre because of the limited capacity of the sewer pipe. If they are adding more units by extending this pipe are they going to enlarge the entire pipe system and does the City pay for the upgrades or do they make less units available to other land owners that could be serviced with the existing or the proposed pipe. Mr. Bednarz stated in preparing the Comprehensive Plan changes, they analyzed the entire sewer system and that engineering analysis is confident that Mr. Meister's property could be served as currently planned and there would still be capacity in the trunk to serve the other two properties. Mr. Winslow Holasek, 1159 Andover Boulevard, showed a map of developable land and stated there are at least one hundred developable acres east of Hanson Boulevard. He stated a Comprehensive Plan is to plan an entire area and not piecemeal areas. He stated he was in favor of a good Comprehensive Plan for this area. Mr. Holasek reviewed six alternatives to the sewer plan with the Commission. Mr. Holasek read a letter he submitted to the Planning Commission, it read "We own the property immediately north of the above property. We attended the November 13, 2007 planning and zoning meeting 7:30 pm public forum on updating the comprehensive plan. At that meeting we said we do not want the existing sewer staging for our property changed to the proposed sewer staging, except for the eastern part of our property, which we asked to be changed to 2005 -2010. So this letter is to confum that statement including the sewer staging change to 2005- 2010 for our property east of Prairie Road. As we said this property of ours adjoins the north boundary of the above properties. • i Regular Andover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 9 • This property was originally planned in 1987 to be served by the Bluebird trunk sewer. However this is no longer feasible due to the fact that over the years through a series of lift stations the Bluebird trunk was extended to development after development until it would 180% over loaded if it were to serve these properties to the east. Therefore, the most logical way to serve these properties in the eastern part of the city is with a trunk sewer from the south. TKDA did a sewer analysis report dated June 3, 2004, that shows two alternates for a Prairie Road sanitary trunk sewer from the south at 140 Ave and Prairie Road. A trunk sewer from there would serve this eastern area of the city very well. The Prairie Road alternative No. 2 appears to be the best alternative, because it would provide potential gravity trunk sewer to the eastern part of the city all the way to north of 157 Ave without requiring any lift stations after the initial one at Coon Creek. This would be a very clean clear shot trunk sewer design the maintenance of several additional lift stations. We have included a copy of Page 11 and figure 3a from the TKDA report for your review that shows this alternative No. 2. Mr. Holasek submitted the letter and attachments. Mr. Day stated when they purchased the property, it was planned to be connected in • 2015. He stated the City is actually trying to push them back ten years. He stated they are truly talking about their two pieces being the last two pieces for this sewer capacity. Motion by Walton, seconded by Falk, to close the public bearing at 9:14 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Walton wondered bow the staging plan was determined. Mr. Bednarz stated the plan places properties nearest the sewer pipe in the current stage and places other properties further back based on their distance from the pipe and the growth trends of the city. These are estimates and they are trying to give everyone a reasonable expectation of when development will occur. Commissioner Walton asked if it was feasible that the southern most trunk line could allow those properties to develop. Mr. Berkowitz stated they have done an overall analysis of their entire system. On the question regarding the Prairie Road alternative, they have to keep in mind there is a tremendous amount of infrastructure costs for that alternative. There is a lift station, a line that runs up Prairie Road, reconstruction of Prairie Road and they are all included in the infrastructure. He stated the City's history and the way they have developed for years is that the trunk works its way through developments. It is then extended to the end of the property ready to serve the next property. • The Prairie Road alternative would be something a little different than what has been done in the past. He stated they are talking about strictly a trunk cost that would run all Regular Andover Planning and Zoning Commission Meeting Minutes — danuary 22, 2008 Page 10 the way up Prairie Road, which would be a one hundred percent cost to the City, which • would then need to be recouped through their trunk sewer area charges. They would have to reanalyze the entire trunk system and they would have to adjust their area and connection charges to meet that new infrastructure costs. It is not included in the existing plan they have laid out on the way they extend sewer. To be feasible it will be very difficult to make it worthwhile for those development areas to go that route. Commissioner Kirchoff asked if there are costs outside of the developer to connect this. Mr. Berkowitz stated when they analyze their numbers they take into consideration the route they have proposed. They develop their area charges according to that. If they do change that substantially, they have to recalculate those numbers. That line may just affect a certain area but they would have to look at those area charges to see if they need to increase those charges to meet that cost. Mr. Dickinson stated they need to identify the cost. The sewer system is utility based and only paid for and supported by those on the system. As new infrastructure is built, it is built for the new areas and they would recoup the costs from the new areas. Commissioner Walton asked on the Comprehensive Plan Update, the interior portion on Prairie Road and east of Hanson is rolling back five years and everything else along Hanson is rolling back ten years. He wondered why everything was not rolling back the same number of years. Mr. Bednarz stated the reason was the property owner's lack of • interest between the sewer pipe and these properties. Commissioner Holthus stated Mr. Holasek indicated if the sewer comes from the south it is relatively easy but if it comes from the west it is more difficult but according to staff coming from the south has significant problems. She wondered which plan would be the correct one. Mr. Berkowitz clarified the two sewer lines to the Commission. Motion by Walton, seconded by Kirchoff, to recommend to the City Council to consider changing the shading of both parts of Prairie Road to be similar in timeline of 2010 -2015 and to keep the method of service open. Commissioner Cleveland thought they also needed to decide on which method they use for the trunk line. Commissioner Walton stated he was thinking about the date because he did not think they needed to make a decision on the method. He did not think it made any sense to change the method of this and they should allow the professionals to make that decision. Motion carried on a 4 -ayes, 2 -nays (Daninger, Holthus), 1- absent (Casey) vote. Mr. Bednarz stated this item would be before the Council at the February 6, 2008 City Council meeting. The Commission recessed at 9:42 p.m. 0 Regular Andover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 11 • The Commission reconvened at 9:47 p.m. c. Sewer Staging Plan Request Woodland Estates 5 Addition. The property owner has requested approximately 5 acres immediately north of Woodland Estates Third Addition be removed from the Rural Reserve and placed in a 2010 -2015 Sewer Stage for development. This would include expanding the Municipal Urban Service Area (MUSA) boundary to include the property. The area would be developed for single family housing similar to the rest of Woodland Estates. Commissioner Kirchoff asked if there could be a conflict with density if the Council wants it to be denser than what was proposed. Mr. Bednarz stated there was an agreement between the Met Council and the City that all property within the Rural Reserve will develop at a net acreage of three units per net acre and this and other Woodland Developments are typically around 2.5 units per acre so those are units that would need to be made up elsewhere in the Rural Reserve and the Met Council would have to be in agreement with that approach. Motion by Falk, seconded by Walton, to open the public hearing at 9:52 p.m. Motion carved on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Byron Westlund, Woodland Development, stated they concur with staff report and the only thing he would add is that this would help in alleviation if this were brought forward in bringing the transportation issue quicker. They have a long cul -de -sac in Woodland Third and this would then complete that allowing for a better safety issue, something that the Fire Chief was concerned about during the platting process of Woodland Estates Third. Motion by Walton, seconded by Kirchoff, to close the public hearing at 9:53 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Walton stated he had a concern with congestion at the Intersections of Veterans and Verdin as planned. Currently immediately to the north of lot 7, there is a farm easement road there that creates a second opening that is probably within a hundred feet of the planned intersection and with the crossings that are there along with a proposed intersection of Verdin as it is built, there would be nine openings within one hundred feet of that intersection. He stated his concern is that right now they are creating an opportunity for more traffic to come in to this area and they do not know how much more traffic and he did not know if there was a way to study but he had a concern that there will be too many openings around this intersection. Chairperson Daninger stated this would be addressed when the development comes forward. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 22, 2008 Page 12 Commissioner Holthus stated other than being cautious about adding additional connections to this sewer line, does staff anticipate any other problems. Mr. Bednarz indicated there was not. Commissioner Walton asked if there were any demographic issues here that tie back to the previous development. Chairperson Daninger stated they are currently looking at the sewer staging plan and this will be reviewed at the development stage plan. Motion by Holthus, seconded by Falk, to recommend to the City Council to accept the sewer staging plan to change it to 2010 -2015. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Westlund felt Commissioner Walton's concem about the access road was personal and should not have been brought up or been part of this discussion. Mr. Bednarz stated this item would be before the Council at the February 6, 2008 City Council meeting. Motion by Walton, seconded by Cleveland, to recommend to the City Council to approve the Draft Comprehensive Plan with the three motions included and the rest as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the February 6, 2008 • City Council meeting. WORK SESSION a. Antenna and Tower Code (Chapter 9 -12) As telecommunication towers become more prevalent and their technology improves, the City Code needs to be updated to facilitate their review. The current Towers and Antennas ordinance is based on a League of Minnesota Cities model from the late 1990's. An update was done in 2000, but more improvements are needed. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Walton, to adjourn the meeting at 10:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. • Regular Andover Planning and Zoning Commission Meeting Minutes —January 22, 2008 Page 13 • Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • • A C I T Y O F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning Commission CC: Courtney Bednarz, City Planned FROM: Captain Tom Wells, Sheriffs Department SUBJECT: Public Hearing -- Code Amendment Regulating Ultimate Fighting DATE: February 12, 2008 The Sheriffs Department presented this information to the City Council on January 22, 2008 and they authorized it to be discussed at a public hearing before the Planning Commission. This has been raised by the Sheriffs Department as a concern because occurrences of "ultimate fighting" have been increasing in the area. . DISCUSSION The occurrence of more "ultimate fighting" among young people needs a code section to allow law enforcement officers to break up an event before it gets too far along. About a year ago, the City passed a code amendment to outlaw "ultimate fighting" in a licensed establishment that serves liquor (see attached). However the need to prevent this type of fighting goes further than outlawing it in bars or restaurants that serve liquor. Again, reports have come in that youth are engaging in "ultimate fighting" in parks and on other public land. Both the cities of Lino Lakes and Blaine have adopted similar codes to guard against this type of behavior occurring in their cities (see attached examples). To help law enforcement personnel stop this from becoming a greater problem, a code change is being proposed (see attached). ACTION REQUESTED The Planning Commission is asked to hold a public hearing and discuss the proposed code amendment. Respectfully submitted, Tom Wells W Attachments : Lino Lakes & Blaine sample code sections Existing Andover Code (outlawing "ultimate fighting" in liquor establishments) Proposed Code Amendment City Council Workshop Minutes (Jan. 22, 2008) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. _ AN ORDINANCE ADDING SECTION 8 TO TITLE 5 OF THE CITY CODE REGULATING ULTIMATE FIGHTING IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Title 5, Section 8 of Code of the City of Andover is hereby added as follows (added portions are underscored): Title 5 Section 8 Definition and purpose: Ultimate fighting is an activity, regardless of how named or described, of any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, feet or body. This shall include, but not be limited to, any contact where kicking_ punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fi hting is dangerous and nuts individuals and the public health. safety and welfare at great risk. Prohibited conduct. It shall be unlawful in any public or private building or In ace to organize permit, be present at. or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are not included among activities prohibited by this section. All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of 1 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk • 0 �J Wahl, Mike From: Wayne Wegener [ wayne . wegener@ci.lino- lakes.mn.usj Sent: Tuesday, October 30, 2007 12:16 PM To: Wahl, Mike Subject: Ultimate fighting Mike, The following was taken from our ordinance that was passed at our last council meeting and will be implemented in early November: CHAPTER 509. ULTIMATE FIGHTING 509.01 DEFINITION AND PURPOSE Ultimate fighting is any activity, regardless of how named or described, or any form of entertainment, where the primary practice involves individuals engaged in physical contact by striking an opponent with hands, head, feet or body. This shall include, but not be limited to, any contest where kicking, punching, martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health, safety and welfare at great risk. 509.02 PROHIBITED CONDUCT It shall be unlawful in any public or private building or place to organize, permit, be present at, or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing, martial arts, wrestling and team sports in which physical contact is incidental to the primary purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are not included among activities prohibited by this section. Wayne J. Wegener Jr. Lino Lakes Police Department Patrol Officer Phone: 651.982.2300 Fax: 651.982.2399 n U 1 nnni'nm . -s'- ��bL�tEri< �X;��clr CITY OF BLAINE ORDINANCE NO. 07-2142 AN ORDINANCE ADDING DIVISION 4, SECTION 50 -155 TO ARTICLE Ill, CHAPTER 50 OF THE MUNICIPAL CODE OF THE CITY OF BLAINE, REGULATING ULTIMATE FIGHTING WITHIN THE CITY OF BLAINE, MINNESOTA. THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.) . DIVISION 4. ULTIMATE FIGHTING Sec- 50 -155. ULTIMATE FIGHTING 0 (a) Definition and purpose. Ultimate fighting is any activity, regardless of how named or described. or anv form of entertainment. where the primary practice involves individuals engaged in physical contact by striking an opponent with hands head. feel or body. This shall include. but not be limited to. anv contest where kicking. punching. martial arts, or submission holds are permitted. The City Council finds that the practice of ultimate fighting is dangerous and puts individuals and the public health safety and welfare at great risk. Prohibited conduct. It sha be unl awful in any public or private building- or place to organize permit beRresent at or to articipate in the practice of ultimate fighting Officially sanctioned and regulated boxing martial arts. wrestling and team s2ooris in which physical contact is incidental to the primarypuMse of the game such as hockey, basketball volleyball soccer. baseball and softball. are not included among activities prohibited by this section. INTRODUCED AND READ in full the 19th day of July, 2007. PASSED by the City Council of the City of Blaine this 2nd day of August, 2007. Tom Ryan, Mayor ATTEST: Jane M. Cross, CMC, City Clerk 1 • — y CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING TITLE 3 (Section 3- 1B -12) OF THE CITY CODE SPECIFYING CONDITIONS OF A LIQUOR LICENSE IN THE CITY OF ANDOVER WHEREAS, The City Code has been reviewed and Title 3 is in need of updating to prevent. "Ultimate Fighting" or similar fight venues at or adjacent to establishments where liquor is sold. The amendment affects regulations in Title 3 of the City Code. NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Section 3 -1B -12 of Code of the City of Andover is hereby amended to add the following condition related to liquor licenses: K No licensee shall permit in any licensed establishment. or any adjoining pL -Rerty owned or leased by the licensee any boxing wrestling or any other form of entertainment whose primarvRurpose is physical contact by striking or touching an opponent Mth hands. feet or body. Team worts in which Rhysical contact is incidental to the prunary p=ose of the game such as basketball. volleyball soccer football baseball hockey and softb ar not included among activities prohibited by this section. All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 5 day of September, 2006. CITY OF ANDOVER ATTEST: Michael R Gamache, Mayor Victoria Volk, City Clerk E Special Andover City Council Workshop Meeting Minutes — January 22, 2008 Page 5 ® B. ULTIMATE FIGHTING Captain Tom Wells explained that this request was generated from the schools because of situations that they have identified as problems, and they thought that this ordinance would be helpful in dealing with the problem. He stated that mostly students have been gathering together as a group and watching and/or participating in contest style fighting. He reported that the students are mostly from the high school, although some of the students are from the middle school. He stated that the information they gathered came from the school resource office at Andover High School. He stated that the students gather at the area under the railroad bridge overpass for the fights and officers have found videos of the fighting on You Tube. He explained that other cities have dealt with the issue with an ordinance and found it helpful, and more of a preventative action. He stated that under assault it is easy to deal with the fighters, but explained that the ordinance would address the spectators as well. He explained that it would be more of a proactive action for Andover, as it is not a huge problem at this point. City Administrator Dickinson stated that he does not hear any opposition on the ultimate fighting concept. He questioned if any changes needed to be made to the ordinance. Councilmember Jacobson questioned the concept of the ultimate fighting, as it pertained to ultimate fighting being held in a public or private building or even being present at the event. He stated that when a real problem is identified, such as meth, the City should step in, but if someone wants to do something in his or her own basement they should be allowed to do that. Councilmember Trude stated that right now there is a licensing issue because ultimate fighting usually goes together with liquor being served, but questioned how far the City should go in regulating people's lives. Councilmember Knight stated that these kids are usually doing this on the streets and it is being put up on You Tube. Councilmember Jacobson stated that he would like to see a few words changed on this ordinance. Councilmember Orttel stated that he does not have an issue prohibiting ultimate fighting in aprivate building. Councilmember Trude stated that she has not heard of ultimate fighting being a problem and would like to hear more information from the high school. She added that she would like to see the revised ordinance again before it goes before the Planning and Zoning Commission. The consensus of the Council was that staffshould revise the Ultimate Fighting Ordinance and bring it back before the Council prior to the review of the Planning Commission. q C I T Y O F N • 1665 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -6923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planneq SUBJECT: PUBLIC HEARING: Permitted, Conditional and Prohibited Uses (Chapter 12 -12) to add churches as a conditional use in the Shopping Center Zoning District. DATE: February 12, 2008 INTRODUCTION The Coon Rapids United Methodist Church has requested that they be allowed to locate a church in the Hanson Commons II Shopping Center* Currently the City Code allows churches as a conditional use in each of the residential zoning districts and the Limited business Zoning District. The proposed site is zoned Shopping Center (SC). An amendment to the City Code would be necessary to allow the proposal to move forward. DISCUSSION The Council discussed this request at the January 22 " Work Session and suggested that this amendment be scheduled for a public hearing. The discussion included a preference that this type of use would be temporary. The minutes of the meeting are attached. Potential Districts/Locations Staff has suggested adding churches as a conditional use only to the Shopping Center District. This would limit the additional potential locations to the Hanson Commons and Downtown Centers and continue to prohibit their location in Neighborhood Business and General Business Districts (see attached map). Issues to Consider The size of a church, the types of activities that would be conducted and the details of the location will be key factors to consider in reviewing this type of request. With this information, the city can determine the adequacy of parking, potential conflicts, appropriate site improvements and other relevant factors. Conditional Use Permit Review Through the conditional use permit process the city will have the ability to determine if a proposal is appropriate for a proposed location. If there are factors indicating that a proposal would not be appropriate, a conditional use permit could be denied based on findings generated from this review. If a proposal is found to be appropriate, reasonable conditions and periodic review would be able to be added to the approval of the conditional use permit as necessary. Letters of Support Staff received 19 letters of support from Andover Residents, 7 letters from businesses in the Hanson Commons I and II Shopping Centers and 47 letters from members of the church that do not live in Andover. Due to the volume of letters, they will be brought to the meeting to make them available for review, but will not be photocopied into the report. Historical Note Churches were a conditional use in all residential districts and a permitted use in the Limited Business (LB) Zoning District in the original Grow Township Zoning Ordinance. Churches were changed to a conditional use in the LB zoning district on July 18, 2000. Records do not provide any discussion specific to this change. Staff suggests that the change was made to allow the type of review described earlier in this report. ACTION REQUESTED The Commission is asked to hold a public hearing and make a recommendation to the City Council. Attachments Proposed City Code Amendment Shopping Center Zoning District Locations Council Work Session Minutes R e t nl s mitted, 44 edna - rr- Cc: Pastor Reinhart Coon Rapids United Methodist Church 10506 Hanson Boulevard NW Coon Rapids, MN 55433 LJ 0 s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 0 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, AND PROHIBITED USES Permitted, Permitted Accessory, Conditional, and Prohibited Zoning Districts Uses R -1 R -2 R -3 R -4 R -5 M -1 M -2 GR LB NB SC GB I Churches C C C C C C C C C Adopted by the City Council of the City of Andover on this _ day of , 2008. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor c i r r o r NDOVEI Incorporated A ^1 A Two Locations of the Shopping Center Zoning District Z is Location Map • Special Andover City Council Workshop Meeting Minutes — January 22, 2008 Page 6 CHURCH IN SHOPPING CENTER ZONE - PLANNING City Planner Courtney Bednarz advised that a church is asking to go into the Hanson Common Center, and the City currently limits churches to residential districts. He explained that the Council could amend the code to allow the church into one or more commercial districts. He reported that the key item would be parking and the church believes that if there was not sufficient space at the shopping center they could come to an agreement with Oak View Middle School to use their lot across the street as well. Councilmember Trude questioned if the parking was calculated by square footage and if they would be short on parking just based on the formula. Mr. Bednarz replied that the parking is based on the formula, but the parking for the shopping center is never more than half full. Councilmember Jacobson stated that the building was built for a shopping center and questioned if it currently meets fire codes. 0 Mr. Bednarz replied that they may have to modify the doors, but it would have to meet the fire codes. Councilmember Trude stated that the issue is that when a church has an assembly or gathering the parking is usually really intense during that session but they would still need to follow codes. Councilmember Jacobson stated that a shopping center really is not designed for a church use, and questioned why they are not looking into other public facilities such as schools or community centers. Bill Reinhart, an associate pastor at United Methodist Church, stated that this would not be a relocation of their church. He explained that rather than growing bigger in Coon Rapids, the church has decided to grow more into Andover and is looking for a building where they can gather. He stated that in the school the church is holding a service, but it is not visible to the public. He explained that they would like to be visible and serve the public in a community way. He advised that the primary service would be held on Sunday. He advised that the only changes that would need to be made to the building would be the removal of a segment of wall and to install the remainder of the floor covering. Councilmember Trude questioned the square footage of the area. Mr. Reinhart replied that it is the largest space in the center at 2,600 square feet. He explained that the cost to rent this space is higher, but also explained that the cost for a church to rent a school is also quite high. He stated that since a church does not exclusively serve youth they have the second highest fee for rental of schools. He stated that the leased space in the center would cost twice as much as the rental of the school, but the church is also getting 24 -hour access to the space for after school activities and other programs. He stated that they have had a positive response from other Special Andover City Council Workshop Meeting • Minutes — January 22, 2008 Page 7 businesses in the center, both Chanticlear and the coffee shop have positive outlooks on the church leasing that space. Councilmember Trade brought the subject of parking up again and questioned if he is not worried about families finding adequate parking for the services. Mr. Reinhart felt that there would be sufficient parking for the services. He added that there are three meeting spaces in the area they can use as classrooms and also handicap bathrooms. He explained that the church would never be at full capacity when the shopping center is busy. He explained that for bible study there are groups of 30 people and peak occupancy for services would be from 8 a.m. to 12 p.m. He advised that the first business to open would be the tanning salon at 10 a.m., which does not require a lot of parking. Councilmember Trade stated that Subway also receives a lot of business from local sporting events. She questioned if they are counting all the spots for the shopping center for the church. Mr. Reinhart agreed that there might be more congestion from 11 a.m. to 12 p.m. for Subway. Councilmember Orttel questioned if the management of the shopping center had given the church . permission to use the parking. He stated that there would be more than enough spots in the lot and the division between businesses is up to the management of the site. Mr. Reinhart explained that the church sees this space as a stepping stone and not a long -term space. He stated that the owner of the shopping center is willing to write a three year lease for the space, and they hope to get enough momentum in the community in that three years to then move to the next level in Andover. He explained that it would be hard to do that without a permanent visible location. Councilmember Knight questioned what type of sign the church would have. Mr. Reinhart replied that they would conform to whatever signage the shopping center uses. He explained that a church is a service, just like the other buildings in the shopping center. Councilmember Jacobson stated that he does not think that a church should permanently be in a shopping center, but has no problem with the temporary use. Councilmember Orttel stated that if a shopping center were designed for a church he would not have a problem with the permanent use either. He questioned if a church could be within 1,000 feet of a liquor store, and also if there will be a problem when the proposed restaurant is built in that area. Mr. Bednarz advised that it would be within 1,000 feet. , Mr. Dickinson advised that it would not be a problem. . Special Andover City Council Workshop Meeting Minutes —January 22, 2008 Page 8 Councilmember Trude believed that the Council should look at the code. Councilmember Jacobson advised that the Council could always do a waiver for the restaurant. Mr. Bednarz questioned if the Council wanted to address the temporary nature in the use or via a conditional use permit. He advised that the Council may be better off addressing it in the conditional use permit because then it is just that one church that is allowed specifically. Councilmember Orttel advised that they should send this to the Planning Commission and have it reviewed as a conditional use permit. Councilmember Trude questioned if the church was successful would they be able to break the lease early. Mr. Reinhart advised that the lease is very easy to terminate. He explained again that they do not want to take their Coon Rapids parish over to Andover, they just want to start another parish in Andover. 0 Councilmember Knight questioned when the church would like to start. Mr. Reinhart advised that the space is open for lease right now and the concern that the church has is that it will be leased to another business. He explained that the church has been working the last year to develop relationships with the business owners in the shopping center and have made a foothold in the community. He stated that their intention is not to go into the shopping center and just look after their own interests. Councilmember Trude advised that they might want to consider the other types of businesses that could come into the shopping center, as it may effect whether they would want to be there. Mr. Reinhart reported that with their occupancy the shopping center will be full and the leases for the other businesses are longer than that of the church. He advised that he lives a couple blocks away from the shopping center and has a vested interest in that community as well. The consensus of the Council was to send this issue to the Planning Commission for review at their next meeting. OPEN SPACE REFEREND UMICOMMISSION UPDATE - PLANNING Mr. Bednarz advised that the Commission helped to update the Comprehensive Plan, worked with • the conservation district, and also created a method for evaluating property. Councilmember Jacobson questioned why item nine, regarding public access, was so far down on the list as he thought that would be an item that the Commission would really consider. 5 0 P 9 L C I T Y 0 F 1 ��: 1 , 1 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 (08 -01) to allow Coon Rapids United Methodist Church to be located in the Hanson Commons 11 Shopping Center located at 1574 154 Avenue NW. DATE: February 12, 2008 INTRODUCTION The Coon Rapids United Methodist Church has requested that they be allowed to locate a church in the Hanson Commons II Shopping Center. A proposed City Code amendment would allow this as a conditional use in the Shopping Center (SC) Zoning District. DISCUSSION The church has provided the attached letters to summarize how the space within the shopping center would be used. In speaking with Pastor Reinhart, he indicated that one service per Sunday would be held and that it may be possible to expand to a second service in the future. The letter indicates that activities are being considered for other days and times during the week. These activities would be limited to small groups. The church is seeking a temporary presence in the shopping center and has a goal of moving to a local school within three years. Parking Small shopping centers like Hanson Commons are required to have one parking stall per 250 square feet of gross floor area. Parking ratios for individual uses are not used, even though the ratio for restaurants is higher. There are several reasons for this, briefly: 1. Gross floor area is used for the shopping center ratio. Storage and other dead space is removed from individual use ratios. 2. All of the businesses will not be at full capacity at the same time and the same people may patronize more than ong establishment in the center during their visit. Assuming the rest of the center is operating at full capacity, 54 stalls would remain for the church. The letter indicates that 140 people or approximately 93 vehicles will attend the Sunday service. In speaking with Pastor Reinhart, he indicated that this is a high estimate, equating to only 1.5 persons per vehicle. The city requires one parking stall for every three persons for churches or 47 stalls for 140 people. Staff estimates that the maximum occupancy of the space is approximately 190 people which would require 63 parking stalls. • Pastor Reinhart has indicated that the service will only be held on Sunday mornings and an agreement with the Oak View Middle School can be reached to allow for overflow parking. The amount of parking directed to the middle school could be adjusted to prevent conflicts with the needs of other businesses in the center. He also indicated that the church would advise members not to park on the local streets in the neighborhood. Letters of Support Staff received 19 letters of support from Andover Residents, 7 letters from businesses in the Hanson Commons I and II Shopping Centers and 47 letters from members of the church that do not live in Andover. Due to the volume of letters, they will be brought to the meeting to make them available for review, but will not be photocopied into the report. Staff Recommendation Staff recommends approval of the conditional use permit subject to the conditions in the attached resolution. These conditions are as follows: The applicant provide a copy of the parking agreement with Oak View Middle School to the city. 2. The church shall ensure that visitors do not park on local streets in the surrounding neighborhood. The permit shall be subject to review if conditions that are detrimental to the Hanson Commons II Shopping Center or the surrounding neighborhood can be documented. Such review shall focus on mitigating the detrimental conditions. If resolution of the issue cannot be achieved, the Council may choose to revoke the conditional use permit. 4. The conditional use permit shall expire four years from the date of approval by the City Council. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation to the City Council. Attachments Proposed Resolution Location Map Hanson Commons II Site Plan Applicant's Letters Cc: Pastor Reinhart Coon Rapids United Methodist Church 10506 Hanson Boulevard NW . Coon Rapids, MN 55433 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF COON RAPIDS UNITED METHODIST CHURCH TO LOCATE A CHURCH IN THE HANSON COMMONS II SHOPPING CENTER LOCATED AT 1574 154 AVENUE NW. LEGALLY DESCRIBED AS: Lot 1, Block 1, Chesterton Commons 4 Addition, Anoka County, Minnesota. WHEREAS, Coon Rapids United Methodist Church has requested a Conditional Use Permit as described above, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and 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 Conditional Use Permit request, and; 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 for a church to be located on said property with the following conditions: 1. The applicant shall provide a copy of the parking agreement with Oak View Middle School to the city. 2. The church shall ensure that visitors do not park on local streets in the surrounding neighborhood. 3. The permit shall be subject to review if conditions that are detrimental to the Hanson Commons II Shopping Center or the surrounding neighborhood can be documented. Such review shall focus on mitigating the detrimental conditions. If resolution of the issue cannot be achieved, the Council may choose to revoke the conditional use permit. 3. The conditional use permit shall expire four years from the date of approval by the City Council. Adopted by the City Council of the City of Andover on this _day of , 2008. CITY OF ANDOVER 0 ATTEST: Michael R. 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W • °' Proposed Building FAIRBANKS PROPERTIES II « f Andover, Minnesota R l6 a' _J X T 9 4 I N ODVrW E e cn P — I 1 ■■ ; M'd et N'd xi lid m>R R rc 0 2 �q S I� ■ l l 43 p� m RZMYY~ Ej QF"i P c 2 L H • 9 — K _BANS0N BOULEVARD N.W ------ - - - - -- _ _ - _ -_ =-- --7 - -- EAGLE STREET N. W • °' Proposed Building FAIRBANKS PROPERTIES II « f Andover, Minnesota IVW 2,604 S.F. I QRO p OS�� r I I I BAY 8 StJ I fE 10 I 2,880 S.F. L r yef' 4p7Pa9 I F 1 L 0 r A n 1 � Nos ��`¢' I 1LIST S DS .F J 1 �' f �7.V r 1 1 FUN TAN Asm / L BAY 7A Sv r 1,440 S.F NATION AL ARATE j BAY 6 I 1,920 S.F. a oL L MUSIC STO tE /�0p1 � BAY 5 U . ' 2,880 S.F. ` / p L r I L K -9 KU S - j TE L BAY 4.5 A 952 S.F. lab �FY 4 1,928 S.F.1 SUBWAY W I BAY 3 SKOG� FLO G : w 2,007.5 S.F. 635 2 -1' p 1,240 S.F. 2,780 S. � I l0 l JD�!- y V2F W �^ J\ h ,an cV W mL) —L —_� I L� 0 -. • Andover Coon Rapids United Methodist Church 10506 Hanson Blvd. NW S Coon Rapids, MN 55433 United bfennidistCl)h 763- 755 -6990 urc Coon Rapes Mark Miller, Senior Pastor Bill Reinhart, Associate Pastor December 17, 2007 To: Andover City Council Attn: Mr.Courtney Bednarz re: Hanson Commons Permitted Usage Dear Council Coon Rapids United Methodist Church is seeking to establish a temporary second campus of our church in Andover and is currently seeking an amendment to city code regarding permitted uses for leased space in the Hanson Commons shopping center. The space currently under consideration is the comer site formally occupied by Budget Blinds (the south parking lot, the storefront closest to 150 ave NW). In speaking with Mr. Dan Fairbanks (the property owner) and Mr. Courtney Bednarz, it is our understanding that an amendment to city code would be required for our usage. The proposed usage is as follows: The purpose of the space would be to serve the Andover community through a leased space until this new church community grows to sufficient size to warrant using public school space, or until our 3 -year lease has expired, after which we will re- evaluate our outreach strategy. We propose using the existing storefront with only minimal design changes (removing one interior wall, finishing the remaining flooring). The peak usage of the space would be for Sunday morning worship between the hours of Sam and noon. We have carefully considered the floor plan of the available space, parking lot space, and the schedules of other tenants. Of the current Hanson Commons tenants, only five of them hold regular Sunday hours, three of them in the South lot. Of these, one opens at l Oam (FunTanTastic), with Subway and ChopStix opening at l lam. We believe that given our expected maximum worship attendance (140 people per service, or approximately 93 cars), there are ample parking spaces in the South and North lots (approximately 183), sufficiently away from the open restaurants and the ATM as to not present a problem for these businesses. In fact, we expect the extra traffic to positively impact those businesses serving food. A similar situation exists for Saturday nights, another possible peak usage time. We would furthermore pursue an agreement with Oakview Elementary School to use the east portions of their parking lot for any overflow parking for special Leading people to Jesus... Growing believers into disciples! www.coonrapidsumc.org events. There would be no on- street parking, and we would work closely with the other tenants in scheduling events. In addition to Sunday morning worship, our church leaders have also discussed offering family friendly programs such as after school groups, puppet programs, and of course, practical bible studies. Attendance for these events would likely be considerably smaller than what we anticipate for Sunday mornings. Our church is not new to the Andover area, with approximately 10% of our membership and over half our staff coming from Andover. I will be serving as the lead pastor at the Andover site and am currently an Andover resident (1478 154' Ave NW), so I am well aware of the general happenings of the neighborhoods around the Hanson Commons. In addition, in recent months Coon Rapids United Methodist Church has offered several services to the people of Andover, including a door -to -door power tool giveaway, a variety of FunFest events, such as puppet shows and family crafts (the mini -tent craft was especially popular), a school supply giveaway in the South Hanson Commons lot, a study on love and marriage held in the Andover City Hall, and most recently, a Halloween "Trunk -Or- Treat" event sponsored by the other tenants of Hanson Commons. We believe that using this leased space is the best stepping stone for our plan to continue to grow in our service to Andover, allowing us to have the 24/7 presence in the community that a public school space would not allow. Because of the high cost of leased storefront space, we would seek to use i space in a public school to hold our worship services after the initial three years, or earlier if growth permits, We would appreciate a chance to talk through our proposal with the Andover City Council at your earliest convenience. Because this property is currently vacant and being shown to other prospective tenants, our intent would be to secure the lease as soon as allowable, hopefully by February or March of 2008. We look forward to serving the people of Andover in new and relevant ways in the years to come. Thank you for your consideration. j Bill Reinhart, Associate Pastor Coon Rapids United Methodist Church • Leadingpeople to Jesus... Growing believers into disciples! www.coonrapidsumc.org I��JI�INi / /�liil I�nwr.•r��•�i January 29, 2008 Coon Rapids United Methodist Church 10506 Hanson Blvd. NW Coon Rapids, MN 55433 763 - 755 -6990 Mark Miller, Senior Pastor Bill Reinhart, Associate Pastor To: Andover City Council Andover Planning Commission Attn: Mr.Courtney Bednarz re: Addendum to letter of December 17, 2007 Dear Council & Planning Commission Subsequent to our working meeting with the Andover City Council on January 22, 2008, we offer the following clarifications and additions to our initial letter dated December 17, 2007: 1) Regarding our specific proposal, we now request that we be granted a Conditional Use 0 9 Permit for a period of three (3) years to operate a church at the designated property which is currently zoned as Shopping Center (SC). We further request that the appropriate zoning code be amended to allow this under the provisions of Conditional Use. 2) Regarding our initial estimate of required parking stalls at peak usage (93 cars), we find that the estimate given by city staff is likely to be more reliable (47 stalls for 140 people). 3) Regarding special events such as weddings, our plan is to hold the majority of such events at our Coon Rapids location. We may hold small weddings at the Andover site, but these events would be limited to a manageable size appropriate to the shopping center (e.g., 50 guests). Thank you for your consideration. �'... ? ,Y e,; ' / Bill Reinhart, Associate Pastor Coon Rapids United Methodist Church Leading people to Jesus... Growing believers into disciples! www. coonrapidsumc.org • ND V VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner CC: Courtney Bednarz, City PlanneO SUBJECT: PUBLIC HEARING: Antenna and Tower Code (Chapter 9 -12) DATE: February 12, 2008 INTRODUCTION As telecommunication towers become more prevalent and their technology improves, our City Code needs to be updated to facilitate their review. Our current Towers and Antennas ordinance is based on a League of Minnesota Cities model from the late 1990's. An update was done in 2000, but more improvements are needed. We briefly discussed the proposed changes at the January 22 Planning Commission meeting. Please remember to bring your code section from the January 22 °d meetin DISCUSSION Summary of proposed changes: 1. Permit and Lease Agreements (City Code 9 -12 -3) a. Language was simplified and shortened. 2. Height Requirements (City Code 9 -12 -4) a. This section needs to be simplified and updated. Industry representatives have been solicited for input on recommend height limits. We need to ensure our regulations are based on relevant research into current industry standards. 3. Towers in Specific Zoning Districts (City Code 9 -12 -5) a. "Public Land" has been added to the permitted areas and the existing bullet points have been consolidated. 4. Setbacks (City Code 9 -12 -8) a. We have simplified this section and deleted some redundant or unnecessary language. 5. General Requirements (City Code 9 -12 -9) a. Relocated section covering Accessory Utility Buildings 6. Ground Mounted Equipment (City Code 9- 12 -10) 0 a. We continually struggle with screening and aesthetic issues on outdoor equipment • for tower and utility sites. Strengthening our standards may help avoid problems in the future. ACTION REQUESTED The Planning Commission is asked to discuss changes to Chapter 9 -12, Towers and Antennas. Make a recommendation to the City Council on whether or not to approve the changes. Respectfully submitted, Andy Cross Associate Planner •