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HomeMy WebLinkAbout06/24/08U Andover Planning and Zoning Commission Meeting Agenda June 24, 2008 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —May 27, 2008. 3. PUBLIC HEARING: Conditional Use Permit (08 -06) to allow a drive through at 1730 139 Lane NW. 4. PUBLIC HEARING Conditional Use Permit (08 -07) to allow dry cleaning processing at 1730 139' Lane NW. 5. Other Business 6. Adjournment is 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US A C I T Y NDOVE-A • 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 - May 27, 2008 DATE: June 24, 2008 Request The Planning and Zoning Commission is asked to approve the minutes from the May 27, 2008 meeting. 0 0j k • PLANNING AND ZONING COMMISSION MEETING — MAY 27, 2008 0 • The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 27, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Chairperson Daninger, Commissioners Tim Kirchof� Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Devon Walton. Associate Planner, Andy Cross Others APPROVAL OFMINUTES April 22, 2008 Commissioner Kirchoff stated on page 2, the gentleman who spoke from Anoka County was Mr. John Tonding, not Todd. Motion by Casey, seconded by Falls, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. PUBLICHEARING. CONDITIONAL USEPERMIT (07 -14) TOALLOWA TELECODLKUNICATIONS TOWER TO BE LOCATED AT 13875 CROSSTOWN BOULEVARD NW. Mr. Cross stated T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Andover. Commissioner Casey stated on the CUP, it is good for a year and on this application he wondered if it is good for one year or for the length of the lease. Mr. Cross stated CUP are always able to be reviewed annually. Whether the City chooses to exercise that or not is determined on a case -by -case basis. There may be some uses that could be potentially noxious and have a potential for a real nuisance characteristics so in that case the City 0 Regular Andover Planning and Zoning Commission Meeting I Minutes — May 27, 2008 Page 2 may want to exercise that annual review process but in a case like this perhaps less so • because once the project is done at this site it will not change much. Commissioner Holthus wondered how close this is to the wetland area. Mr. Cross indicated this location has the approval of the Engineering Department and there is a safe distance before it is in the wetland. He showed on the map where the tower will be located. Chairperson Daninger asked what the correct distance is because the staff reports shows 300 feet. Mr. Cross stated it is close to 350 feet. Chairperson Daninger stated they encourage collocation so that is why they are sharing the City siren tower. Mr. Cross indicated that was correct. Commissioner Kirchoff asked if this is purposely at 75 feet so it stays below having to collocate other carriers or other commercial ventures. Mr. Cross stated the applicant is in a better position to answer that but staff deemed that is the height the applicant required to get optimal coverage and building it higher would add an additional cost to no additional gain. Motion by Casey, seconded by Kirchoff, to open the public hearing. Motion carved on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. • Mr. Paul Harrington, Carlson and Harrington, 8000 West 78 Street, Edina, stated he was at the meeting to answer questions. Commissioner Kirchoff asked why they would want the pole at 75 feet and not 100 feet and if it went to 100 would T- Mobile be able to lease other properties on the site. Mr. Harrington stated if they have a higher tower they typically try to collocate. In this particular location the way the cell phone towers work is they do not want them to have to reach too far. The idea is that as you travel along the road using the phone the signal gets handed off from tower to tower so they do not want to be grabbing people from an area that may already be covered. The companies look at what their existing network is, what the local regulations are as far as zoning and then try to work with what will accomplish the company's objectives within the zoning requirements. With the siren going on there both staff and themselves viewed this as a dual use pole and it meets their objective at 75. Chairperson Daninger asked if the goal was to minimiz the existing vegetation so they do not disturb that. Mr. Harrington stated that is correct. They tried to capitalize as much as they could on the existing vegetation but staff asked them to supplement that somewhat. Mr. Harrington showed on the map the location of the area that will be fenced and landscaped. • J Regular Andover Planning and Zoning Commission Meeting Minutes — May 27, 2008 • Page 3 Chairperson Daninger asked when Mr. Harrington thought construction would begin if this is approved. Mr. Harrington stated the build plan, assuming the Council acts on this in early June they would like to begin construction sometime in early July. Chairperson Daninger asked with summer weather how long will it take to get the siren up and runnin on the new pole. Mr. Harrington stated they will keep the siren on the existing pole until the day they change over and then they will hook up the siren on the new pole, which will take around four hours. He stated they will try to do a cut over when the weather is good. Chairperson Daninger asked if T- Mobile was responsible to remove the existing pole and utilities. Mr. Harrington stated they would be removing all of it Chairperson Daninger asked if the siren will be able to rotate when activated because it looks like a side mount at fifty feet. He wondered if there would be any loss of audible when it hits the backside of the pole. Mr. Harrington stated they were not aware of that and they had a meeting with the City and asked them to look into that and T- Mobile got an answer that staff was ok with that. He stated it is on a fixed stand off arm. Chairperson Daninger stated according to the staff report the frequency that T- Mobile will be operating at will not affect the fire station. Mr. Harrington stated they have a • purchased bandwidth, they are in the 1900 MHZ wavelength and emergencies are in the free bandwidth of 800 MHZ. Mr. Harrington stated he is in the process of putting together the lease agreement with the City Administrator and that specifically references the priority and interference and if there are any problems T- Mobile will need to make adjustments to their system. Commissioner Falk asked which side of the pole will the siren be mounted on. Mr. Harrington stated he did not know the answer to that question but they will work with the Public Works Department to see what is effective and if there is any concern about the pole blocking the sound anytime it passes the pole, it might make sense to put it on the roadside. Chairperson Daninger stated staff received a letter from Ms. Crystal Grube opposing this location. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Walton) vote. Motion by Kirchoff, seconded by Falk, to recommend to the City Council approval of the Conditional Use Permit request. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. 0 L Regular Andover Planning and Zoning Commission Meeting l Minutes — May 27, 2008 Page 4 Mr. Cross stated that this item would be before the Council at the June 3, 2008 City • Council meeting. OTHER BUSINESS. Mr. Cross updated the Planning Commission on related items. Mr. Cross mentioned that Planning Commission received updated Code changes for review. Chairperson Daninger asked if in the future he could receive the updates on a CD instead of printed paper so he can keep it on his computer. fVOT0 &ROUVI VAN M Motion by Falk, seconded by Casey, to adjourn the meeting at 7:28 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, n U Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. E r u . 9LNDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plannt*, DATE: June 24, 2008 SUBJECT: PUBLIC HEARING: Conditional Use Permit (08 -06) to allow a drive through at 1730 139 Lane NW INTRODUCTION The applicant is requesting a Conditional Use Permit to construct a drive- through for a new building in Andover Station North. DISCUSSION City Code 12 -12 requires a conditional use permit for a drive - through in the General Business (GB) Zoning District. This process allows for the review of the planned design for traffic • circulation, stacking, and potential impacts from noise and lighting on neighboring properties. Applicable Ordinances Chapter 12 -5 -6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a conditional use permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. Site Details The site is located at the northwest corner of Jay St NW and 139` Lane NW. The building would face the interior of the lot as shown on the attached concept plan. This orientation was suggested by the Economic Development Authority (EDA). A previous concept drawing showed the back of the building to both Jay Street NW and 139 Lane NW. The drive through would be located behind the building on the east side of the site. There would • be two windows along the drive through, one for a coffees shop or restaurant and one for the dry cleaner. The location of the windows is shown on the attached elevation drawing. The drive lane begins at 18 feet, 6 inches in width and narrows to 16 feet, 6 inches behind the building. The city requires a minimum drive lane width of 20 feet. This will be important on this site as patrons of the dry cleaner will most likely drive around patrons of the coffee shop or restaurant. Traffic Circulation The trash enclosure location would require the hauler to block the entrance to the site to empty the dumpster. If a commonly used commercial truck that empties trash over the front of the vehicle is used, the truck will need to go through the drive through and will block both the entrance and exit lanes while emptying the trash. A more suitable location for the enclosure is recommended. Traffic Safety The location of the building will make it difficult for vehicles exiting the drive through to see if other vehicles are approaching the exit to the site. This situation would be improved by moving the building forward on the site and/or shifting the entrance to the site further north. A stop sign will be needed at the exit of the drive through to encourage vehicles to stop and look for oncoming traffic before turning to exit. Cross Access Agreement It should be noted that a cross access and maintenance agreement have been recorded with Anoka County to allow shared use of the entrance and parking facilities between the subject property and the future day care to be located on the lot to the west. Pedestrian Access A six foot sidewalk is required adjacent to nose in parking. The front of the west side of the building will need to be modified accordingly. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions in the attached resolution. These conditions include revision of the site plan through the commercial site plan process to address the items outlined in this report. Attachments Resolution Location Map Site Plan Building Elevations ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. Re c tted, do Cc: Laura Heppner Mr T's Cleaners 2887 Coon Rapids Blvd NW Coon Rapids, MN 55433 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE THROUGH LOCATED AT 1730 139' LANE NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER STATION NORTH 3' ADDITION, ANOKA COUNTY, MINNESOTA WHERAS, City Code 12 -12 requires a public hearing and City Council approval of a conditional use permit for a drive through, and; WHEREAS, Laura Heppner has requested approval of a conditional use permit for a drive through on the subject property, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request can meet the criteria of City Code and subsequently 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; 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 a conditional use permit for a drive through on the subject property with the following conditions: 1. The site plan shall be modified to improve traffic safety and to conform with the City Code as determined through the commercial site plan review process. 2. Approval of this conditional use permit is subject to the sunset provision of City Code 12 -14-6 D. Adopted by the City Council of the City of Andover on this m day of , 2008. CITY OF ANDOVER 0 ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor \ "- ~ "- " . \,\ ,~ . " . \ !D '\ /1 !' " ( , ) / 'l "- ,// \ ( " / '.' . ,. 0 6 0 .. \ I z ;ji ,. 0 " ! ~ " " !1 .. 6 N !'i m N is ~ % r l --. JAY ST ", I 'y "-. , \ ! ("~ . ~ . ! . - ~ g . . e / \ (. V~ w ~ \ \\/ ~ I 0> \ ) \ . '~ . I I , ---- --.J ; ------- (Xl i 1571 -. >en 0;::;:: D.E:Il:S Zo III .. III ~~~~ o!;i ar,," ~3 ooen ~~~ ~ ~ ~ m 0" ~ .. CD ,-:D G> 0> 3: ~ :..:. "' m CZ z zo ~ ~ 5' !=? ::(I~ t-,) ~ g. >m ....... 0 II en" '" co.... of! enGl o .... o '" S:-<" ~Ci) co _ 10. 00 en !i 0 (f)- " ciS')> =r::;, -0. 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(763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne{ DATE: June 24, 2008 SUBJECT: PUBLIC HEARING Conditional Use Permit (08 -07) to allow dry cleaning processing at 1730 139' Lane NW. INTRODUCTION The applicant is requesting a Conditional Use Permit to allow dry cleaning processing within a new building in Andover Station North. DISCUSSION • City Code 12 -12 requires a conditional use permit for a dry cleaning processing facility in the General Business (GB) Zoning District. The Commission may recall that the City Code was amended in 2006 to add this use. At that time a definition of dry cleaning processing was adopted to provide a limit of four remote sites that can deliver clothing to be cleaned on site. The applicant has indicated that the proposed dry cleaning facility will receive clothing from only one site. Applicable Ordinances Chapter 12 -5 -6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the • health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. J 0 Additional Information • The facility will use dry-to -dry equipment. This type of equipment contains the clothing in one machine through the cleaning process. In this way the machine prevents exposure to and loss of cleaning chemicals. These facilities are common tenants in retail buildings. The facility will be licensed by the Minnesota Pollution Control Agency. Regular inspections are conducted by the state to ensure that the business is operated according to state law. Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. Attachments Resolution Location Map Site Plan ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed Conditional Use Permit. • Res t ' lub ; d, d " �dn Cc: Laura Heppner Mr T's Cleaners 2887 Coon Rapids Blvd NW Coon Rapids, MN 55433 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR DRY CLEANING PROCESSING LOCATED AT 1730 139 LANE NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER STATION NORTH 3 PD ADDITION, ANOKA COUNTY, MINNESOTA WHERAS, City Code 12 -12 requires a public hearing and City Council approval of a conditional use permit for dry cleaning processing, and; WHEREAS, Laura Heppner has requested approval of a conditional use permit for dry cleaning processing on the subject property, 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; 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 a conditional use permit for dry cleaning processing on the subject property with the following conditions: The site plan shall be modified to improve traffic safety and to conform with the City Code as determined through the commercial site plan review process. 2. Approval of this conditional use permit is subject to the sunset provision of City Code 12 -14 -6 D. Adopted by the City Council of the City of Andover on this — th day of , 2008. CITY OF ANDOVER • ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk � -0 &% 00 § / / �) \ kE § \�$ 2/ §�E§ 2l2.. $ 222 ��aB§ tO ■O Do CO � « 2 y ONO cgs IM _ Sm Bog ; /, ! ) || |�, ;|;| ■ ;( - f , \ § �\ � \ § .. - LI . vt � \�� \ ; . \ ' ` _ § \i / SAC, / � ^ x < � Z _ ' � � \ | ! ■ ! | ! | | | � \ � / A �} £ ��� /% t t ! c 5 th ejo awjW 'JikADWV Ji JNINd31' AW] S,l 0 1 / i�0 Lv -1 1 1 p� Ulm aEM�� � ����. r �� S'iL'N