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HomeMy WebLinkAboutJanuary 11, 2005 ~(~ ~ 1<~5-D5 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 11,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 11,2005,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Valerie Holthus, Jonathan Jasper, Dean Vatne and Michael Casey. Commissioners absent: None Also present: City Planner, Courtney Bednarz Planning Intern, Chris Vrchota Others -, - / APPROVAL OF MINUTES. December 14, 2004 Motion by Greenwald, seconded by Casey, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 2-present (Jasper, Vatne), O-absent vote. Chairperson Daninger welcomed Commissioner Holthus to the Planning Commission. PUBLIC HEARING: CONDITIONAL USE PERMIT (05-01) FOR DRIVE THROUGH FOR TCF BANK AT LOT 1, BLOCK 1, ANDOVER MARKETPLACE jiD ADDITION. Mr. Bednarz explained drive throughs are conditional uses in the General Business Zoning District. Review of these permits is intended to ensure adequate stacking for vehicles and to ensure the noise and lighting associated with this type of use will not adversely affect surrounding properties. Mr. Bednarz discussed the staff report with the Commission and noted that staffwould ) work with the applicant to screen headlights from residential properties to the north. Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 2 ,_/ Commissioner Kirchoff asked if the entrance was the same one used by Festival and the other businesses. Mr. Bednarz stated it was. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:05 p.m. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. There was no public input. Motion by Greenwald, seconded by Vatne, to close the public hearing at 7:06 p.m. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Commissioner Jasper stated this was inevitable that this was coming and he thought it was fme but when CVS came in, they required shielded or recessed lighting and he wanted to make sure this was going to be considered in the final phase. Chairperson Daninger stated this will be noted for review. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of the proposed conditional use permit subject to the conditions of the attached resolution. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. , / Mr. Bednarz stated that this item would be before the Council at the January 18,2005 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (05-03) TO AMEND PLANNED UNIT DEVELOPMENT APPROVAL OF GREY OAKS TO ADD PERMITTED USES TO LOT 1, BLOCK 2. Mr. Vrchota explained the applicant is requesting a Conditional Use Permit to amend the Planned Unit Development (PUD) approval for Grey Oaks for Lot 1, Block 2. Mr. Vrchota discussed the staff report with the Commission. Chairperson Daninger stated they received a supplement letter from Jodi Schroeder, 1736 155th Avenue NW. Commissioner Holthus wondered what the noise for an on-site dry cleaner would be, if it would be loud or a nuisance noise. Mr. Vrchota stated that the City's noise regulations limit how loud it can be, and if it were too loud it would not be allowed. Mr. Vrchota stated this will be a small neighborhood location and not a warehouse type oflocation. Commissioner Greenwald stated when this was platted; they discussed the site to be a daycare. Would the size of the building, roughly be this size. The proposed building was shown to be the same size on the site map for clarification. Regular Andover Planning and Zoning Commission Meeting Minutes-January 11,2005 Page 3 Commissioner Greenwald wondered if someone could put a daycare or dance studio in at this time. Mr. Vrchota stated without amending the PUD; only a daycare could be located at this site. Commissioner Greenwald wondered how many other on-site drycleaners are in Andover. Mr. Vrchota stated there are none because this use is not a permitted use in any of the City's zoning districts. Commissioner Vatne asked in the map included in the attachment, there appears to be a vacant lot to the east and he wondered if there was anything currently there. Mr. Bednarz stated there are two more commercial sites to the east that were approved with Grey Oaks but they are still vacant. Commissioner Kirchoffwondered what the difference was with an on-site dry cleaner versus other dry cleaners. Commissioner Greenwald stated other drycleaners ship the clothing out to be cleaned. Mr. Vrchota explained how on-site drycleaners run. Commissioner Holthus wondered if there were any environmental hazards associated with this. Mr. Vrchota stated there are some. During the drying process, there is air run through the machine and the air is filtered through a couple of different processes before it is released outside. " Commissioner Casey asked if this new process met all the EPA standards. Mr. Vrchota stated they did and it is a fairly higWy regulated industry that needs inspections regularly. Commissioner Greenwald asked what the natural barriers were to the south. Mr. Bednarz stated this is pretty minimal at this time. Commissioner Holthus wondered why on-site dry-cleaning is not allowed in the City. Mr. Bednarz explained what he thought the reasons were regarding this. He stated the permitted uses from the zoning code were initially adopted in 1970 and a comprehensive update has never been done. Motion by Vatne, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion carried on a 7-ayes, a-nays, a-present, a-absent vote. Commissioner Greenwald left the meeting at 7:20 p.m. Mr. Jerry Schroeder, 1727 1 55th Avenue, stated he represented a few of the homes by him. He stated they have lived in Andover for four years and they knew there would be a daycare there and the concerns they have is with the on-site dry-cleaning business. He stated he has researched this and one of the main things that came up is the chemicals that are used in dry-cleaning clothes. , / Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 4 '. " Commissioner Jasper wondered what Mr. Schroeder thought of the dance studio going in on the site. Mr. Schroeder stated he is concerned with the parking lot facing his property and with lights shining on his property. He stated they thought this was going to be a daycare and traffic would be gone at night and with a dance studio and drycleaner, there will be traffic all the time. Mr. Winslow Holasek, 1159 Andover Boulevard, asked if there was zoning officially designated on the lot or is it just a PUD. Mr. Bednarz stated the lots were designated PUD and permitted uses assigned as a part of the Grey Oaks development. Mr. Holasek wondered what the permitted uses on the other two sites were. Mr. Bednarz listed the designated uses for the other two properties. Mr. Holasek stated the County has always been concerned with traffic being added onto Hanson Boulevard, he wondered if this was presented to them. Mr. Bednarz stated this was presented to the County when the Grey Oaks plat was reviewed and commercial uses were designated for these sites. Ms. Karen Nelson, 1653 155th, stated she is concerned with the chemicals that will be transmitted into the air and also the added traffic in the area because she has a small child. \ Mr. Louis Rudnicki, 2711 DaWia Street NW, Oak Grove, stated he was the applicant and would also be representing the dry-cleaning operation. He presented some dry-cleaning facts to the Commission including handouts from the MPCA and a case study. He stated this would be a "perc" type of operation. The cost of the perc system is not overly expensive for the smaller businesses to use. He stated the new machines use significantly less chemicals than other machines. He stated the drycleaners are heavily regulated and inspected regularly. Commissioner Holthus asked how loud the dry cleaning operation would be. Mr. Rudnicki stated they are currently in a shopping center with a dry cleaner and the noise is not a factor. Mr. Rudnicki stated the original building proposed was for 7500 square feet for the daycare and this building will be the same size. He stated there is a vegetative buffer between the two properties and they will work with staff to add additional landscaping, berming and recessed lighting. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:40 p.m. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Greenwald) vote. Commissioner Kirchoff asked what the monitoring consists of. Mr. Rudnicki stated he / was not sure what they did for weekly monitoring. Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 5 Commissioner Jasper asked where the existing dance studio is and how many students. Mr. Rudnicki stated it is located in Coon Rapids and has about 220 students. The hours of operation are from 4:00 p.m. to 9: 15 p.m. in the evening. He added they are an atypical studio and do not have competitions, it is more community service oriented. Commissioner Vatne wondered if the proposed PUD amendment was only for the one lot. Mr. Vrchota stated that was correct. Commissioner Jasper stated when he read the report, he thought that drycleaners were not allowed in Andover for specific reasons but has heard this evening that it probably was not discussed at all in 1970. He stated this is monitored but is also noted to emit chemicals which could be dangerous to humans. He added that adding retail to the permitted uses would be a blank check to open up the site to a lot of different uses as shown in the definition. He did not think he would approve the dry cleaning operation without further information. Chairperson Daninger concurred with those comments. Commissioner Kirchoff did not think the applicant was asking for a blank check to do anything they wanted on the property but before he approved this he would like to know more about drycleaners and the chemicals involved. Commissioner Casey stated he does not know a lot about drycleaners but he did know that Coon Rapids in their process of cleaning up their boulevard has had to deal with contamination from the dry cleaner that used to be there and he knows it has been costly and time consuming. He did not think he could approve this. Commissioner Vatne asked why they were even considering this business if they are not allowed in Andover. Mr. Bednarz stated the application proposed these uses and the application needs to be reviewed as proposed. Mr. Vatne thought they needed to identify specifically what type of business that will be going in there and not just open it up to retail. He did not think a dry cleaning business would fit into a neighborhood. Chairperson Daninger thought they may be putting the cart before the horse. He did not think dry cleaners were a bad thing but they need to review this, perhaps as a part of the zoning code update, and decide where in the City they should be allowed with consideration of potential environmental concerns. Motion by Jasper, seconded by Casey, to recommend denial of the Conditional Use Permit as presented based on the concerns discussed by the Commission and the fact that the proposal is open ended and includes dozens of possible uses and because he was not comfortable with the safety of a dry cleaner going into that location as it may be detrimental to health safety and welfare. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Greenwald) vote. , I Regular Andover Planning and Zoning Commission Meeting Minutes -January 11,2005 Page 6 Mr. Bednarz stated that this item would be before the Council at the January 18,2005 City Council meeting. PUBLIC HEARING: LOT SPLIT (04-05) TO CREATE TWO RURAL RESIDENTIAL LOTS FROM PROPERTY LOCATED AT 3415 163RD LANE NW. Mr. Bednarz explained the applicant proposes to create a new rural lot and retain a ten acre lot for the existing home to preserve the green acres status of the property. This lot split is located adjacent to a temporary cul-de-sac at 1 62nd Lane NW. Mr. Bednarz discussed the staff report with the Planning Commission. Chairperson Daninger stepped down for personal reasons. Vice Chair Kirchoff continued the meeting. Commissioner Vatne also stepped down. Vice Chair Kirchoff asked if the street to go through, would that create an outlot for the triangle area on the map. Mr. Bednarz stated the applicants' intention was to retain ten acres on the north piece to retain their green acres status and tax classification. The street easement does not confer upon the City fee title ownership of that ground, the underlying ground would still be owned by the applicant. The triangle, the street easement and the property to the north would still all be the same parcel although visually " j separated by the street. Commissioner Jasper asked if streets were usually created by putting fee title in the City as opposed to an easement. Mr. Bednarz stated that typically when property is platted, it does create plat right-of-way and does confer fee title to the City or County. As a part of a lot split, they do not have that opportunity so they would record a separate easement document. Commissioner Jasper noted the report states in 2001 there was a previous lot split, he asked for clarification of this. Mr. Bednarz showed the split on the map and explained this section of the staff report. Motion by Casey, seconded by Jasper, to open the public hearing at 8:06 p.m. Motion carried on a 4-ayes, O-nays, 2-present (Daninger, Vatne), I-absent (Greenwald) vote. Ms. Bernice Humnick, 3415 163rd Lane, stated they did a similar lot split on the end of 163rd Lane for their own home without any of these provisions for future streets. She wondered if this has always been the City's policy and have they made these requirements for similar situations requiring all applicants to provide financial security of this amount. Mr. Bednarz stated the City has not typically required a letter of credit as a part of a lot split to guarantee future road construction. This is something new. He noted a lot split done in 2004 which required a street easement but did not, at that time, require / Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 7 , / payment for the road to be constructed or to guarantee it would be constructed in the future. Ms. Humnick stated due to the uncertainty of the property west of 1620d Lane and not knowing what is going to happen with the development in that area, they do not foresee the cul-de-sac as a benefit to the property to the west because they do not see what it will bring and they do not know when development will happen. She stated she had a problem requesting an open document from her bank for future development. Ms. Loni Erickson-Street, 3368 I 620d Lane, stated she did not understand what they were trying to do on the property with a cul-de-sac. Mr. Bednarz showed on a map the existing temporary cul-de-sac and explained the scenarios under which a street or permanent cul-de-sac would be constructed. Ms. Erickson-Street wondered if Meadow Creek decided not to build on the adjacent property because of what came out in the paper. Vice Chair Kirchoff stated he was aware that they had purchased the property but beyond that was not sure what was going to happen. j Ms. Erickson-Street wondered if there was any way, without doing the new cul-de-sac, doing a driveway just off the temporary one or would it have to be another street extension. Mr. Bednarz stated this is correct. If the street is not extended to the west, City staff is recommending that the temporary cul-de-sac be removed and a permanent cul-de-sac be constructed. Motion by Jasper, seconded by Casey, to close the public hearing at 8:06 p.m. Motion carried on a 4-ayes, O-nays, 2-present (Daninger, Vatne), I-absent (Greenwald) vote. Commissioner Holthus asked when Tulip Street will be reconstructed. Mr. Bednarz stated he was not sure of the current timetable for the reconstruction. Commissioner Holthus stated if Meadow Creek were to build a school in this location, they may not need to use I 62od, they may be able to use Tulip Street although right now it is a gravel road and pretty narrow. Is this a potential possibility? Mr. Bednarz noted that at the time the school is proposed, they would need to evaluate the site plan and a traffic study to see where the building and parking would layout and what type of transportation improvements would be necessary. Commissioner Jasper asked if the resolution, as drafted, suggest an open ended letter of credit or other financial surety that could go on indefinitely. Mr. Bednarz stated until as stated in the Resolution "determination of what will be constructed (i.e. cul-de-sac or street) will be made at the time the adjoining property to the west is proposed for development. " , .J Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 8 / Commissioner Jasper asked what would happen in the meantime. Would the temporary cul-de-sac stay, would a new temporary cul-de-sac to the west be developed? Would the permanent cul-de-sac be developed in anticipation that the road could be then extended and the permanent cul-de-sac is broken down. Mr. Bednarz stated the temporary cul-de- sac would remain as it is now. Commissioner Jasper asked if the Hwnnick's had an objection to the street easement. Mr. Jamie Hwnnick stated it was their original intent to leave the temporary cul-de-sac but they did not object to the easements. Don Jacobson, 1333 Uplander Street, stated he is the Chair of the Meadow Creek Christian School School Board and they have under contract for deed the property just to the west of the lot split being discussed and he would not anticipate a street would be going through because it would go directly through their athletic fields as planned. They are estimating they will be starting a new school building as early as this year depending on fmancing but no later than two years. He did not think they would look favorably about a street going through. Vice Chair Kirchoffwondered based on that type of information, would a $54,000 surety bond still be required. Maybe there is not a need for a full easement across that property. Commissioner Jasper thought the easement still needed to be retained in case the church , " and school is not built. He thought in order to approve this, they would need to retain the '_/ two separate easements anticipated by the City but not the financial surety and then later if the school develops as anticipates, and then those easements could be vacated. Vice Chair Kirchoff concurred. Commissioner Casey agreed with Commissioner Jasper and thought this made sense and the City would maintain the easements because they do not know what will happen until the land is developed. Commissioner Jasper thought that even if they did not receive the surety and the land was developed with houses, the homes could be assessed for the road. Mr. Bednarz stated if the road was constructed as a public improvement, then the benefiting properties could be assessed and that benefit would need to be demonstrated. Motion by Jasper, seconded by Casey, to recommend to the City Council approval as written with the sentence in paragraph four of the resolution requiring a surety bond to be deleted and the last sentence in paragraph four be used in its place and a new paragraph be added indicating that future street improvements would be constructed as a public improvement and the benefiting properties would be assessed. Motion carried on a 4- ayes, O-nays, 2-present (Daninger, Vatne), I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the January 18,2005 City Council meeting. / Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 9 ., , .) WORK SESSION: a. Zoning Ordinance Update l. City Code 6-4-4 Snowmobiles and All Terrain Vehicles; Operation on Public Property. Mr. Bednarz stated Commissioner Greenwald requested this item be addressed at another meeting so he could participate. Commissioner Jasper asked ifhe could make a couple of drafting issue comments. He stated the proposed change states they are taking out the code sections that talks about reference to other designated trails because there are none. In the first paragraph of that, in the permitted areas, it talks about where they are permitted and prohibited in the City. He thought this contradicts the prohibited areas. 6-4-al, prohibited areas, shows this contradiction. Mr. Bednarz stated they would make this clearer. There is a reference to other designated trails but there is another area where they are going to remove a reference to other designated areas. He stated they would look at the wording to make it clear. Commissioner Jasper stated in the prohibited areas, it talks about it being prohibited to " drive on a roadway and then "c" talks about how you can cross a street. He thought , ) those were contradictory and needed to be clarified. Commissioner Jasper stated on 6-4-4-al, additional limitations, is a drafting error. It states "you cannot drive between II :OOp.m. and 8:00a.m., except on Saturday and Sunday when it is I :OOa.m. to 8:00a.m." If this is read literally, you could be prohibited from II :OOp.m. to midnight on Friday night and then can drive from midnight to I :OOa.m. on Saturday. Commission Vatne thought they needed to designate the hours per day to be specific. Mr. Bednarz thought they would need the first sentence to designate the days of the week. Commissioner Jasper stated 6-4-4-c4 talks about what you can use to tow on a public street or highway when previously it was prohibited to drive on a public street or highway. Mr. Bednarz stated there are some exemptions in 6-4-6 from the previous requirements. Commissioner Vatne asked on 6-4-4-b2, it references in a couple areas, Urban District, he wondered what this meant. Commissioner Kirchoff wondered when you are considered to be under the influence of alcohol. Commissioner Jasper assumed it would be interpreted as affecting your ability to drive and would not be in reference to the level. Mr. Bednarz stated they could reference the State Statute. Regular Andover Planning and Zoning Commission Meeting Minutes - January 11, 2005 Page 10 ) Commissioner Jasper wondered if the staff report was on the website so residents could follow along as they are discussing the codes. Mr. Bednarz stated they are not on the website but could be added. 11. City Code 12-2 DefInitions; Miscellaneous Industry Mr. Vrchota recapped the City Code defInition with the Commission. He requested this defInition be removed because it is not referenced elsewhere in the Code. Everything listed is discussed in the industrial use Code except for boating and this can be included in the industrial section of the Code. Commissioner Jasper thought this made sense to strike this in the Code because it is not cross referenced elsewhere. Mr. Vrchota stated the Boat and marine sales would most likely involve outdoor storage ofIarge equipment and would require a Conditional Use Permit. 111. City Code 12-4-3 A. General Zoning Provisions; Buildable Lot Mr. Vrchota discussed the City Code section with the Commission. He suggested this be " moved to the non-conforming uses section and title "Non-conforming lots of record". / Commissioner Jasper stated section 12-11-6b does not make sense. It taIks about "Things that were approved in 1971 shall be deemed build-able lots and the provisions of this section shall apply, in all other cases, the provisions and requirements of this title shall apply", so they apply whether they were approved in 1971 or not. This does not seem necessary or appropriate. Mr. Bednarz thought there may be a word missing at the end of the sentence. Commissioner Jasper stated in the old Code, it was the same way. Mr. Bednarz stated the language is duplicated from the old Code. Mr. Vrchota stated where this may come from is the new 12-11-6 came out of 12-4, which was dealing with build-able lots. He stated the last line could come out. Commissioner Jasper agreed. He thought the last sentence should be deleted and appears to him the provisions of this section should apply which means it is ok if it has frontage and is sixty percent of the requirements of the title and only used for single family. Mr. Bednarz stated he read this differently. Section A is covering what Commissioner Jasper stated and Section B is intended to protect lots that were created before 1970 from Part A. Mr. Bednarz discussed this section with the Commission and explained how he has interpreted it. Section A would deal with a lot or parcel ofIand and Section B would deal with a plat. ,~ Commissioner Jasper asked if a plat included lots and parcels ofIand. Mr. Bednarz stated a platted lot is different than an unplatted or meets and bounds lot. Regular Andover Planning and Zoning Commission Meeting Minutes-January 11,2005 Page II J Commissioner Jasper thought the Code section 12-11-6a should read "A non-platted lot or parcel ofland has to meet 1,2 and 3." Section 12-11-6b should read "A plat does not have to and the section shall not apply." Mr. Bednarz thought this would make it clear, in part A "an un-platted lot" and then the rest of the statement and under B, at the end of the fIrst sentence "shall not apply." And delete the last sentence. Commissioner Jasper stated anything after October 1971 would have to meet the regular requirements. Mr. Bednarz stated this was 1970 for un-platted lots. Commissioner Jasper stated on the last page, Section C, now Section B, Access Drive, what are the minimum standards of the City because he did not [md any minimum standards for a drive. Mr. Bednarz stated they do have a defInition for an access drive. He stated what they are trying to do with Section B is they are trying to get an emergency vehicle into these properties. Commissioner Jasper stated they should cross reference to where the minimum standards are and if there are minimum standards for access drives, should they necessarily only apply to those over three hundred feet or should they apply to all access drives. Mr. Bednarz stated they have driveway requirements elsewhere. ,-j Commissioner Jasper stated in the next paragraph, it references "the Adopted Major Thoroughfare Plan", he did not think they referred to this anymore. Mr. Bednarz concurred and stated it should be called the "Transportation Plan". OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger thanked staff on the Planning Commission report they received. Commissioner Kirchoff concurred. ADJOURNMENT. , Motion by Casey, seconded by Kirchoff, to adjourn the meeting at 8:55 p.m. Motion carried on a 6 ayes, 0 nays, 0 present, I absent (Greenwald) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. " \,-/