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HomeMy WebLinkAboutMay 24, 2005 j PLANNING AND ZONING COMMISSION MEETING - MAY 24,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on May 24, 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, Jonathan Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Dean Vatne. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others , I APPROVAL OF MINUTES. May IO, 2005 Chairperson Daninger noted on page 7, the motion was carried on a 5-ayes, 5-nays (Jasper, Casey). This should be reflected as 5-ayes, 2-nays (Jasper, Casey). Motion by Jasper, seconded by Kirchoff, to table the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. PUBLIC HEARING: ZONING ORDINANCE UPDATE AMENDING VARIOUS SECTIONS OF THE CITY CODE. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the items that have been discussed through the Zoning Ordinance Update. Motion by Greenwald, seconded by Casey, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 2 There was none. Motion by Greenwald, seconded by Casey, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Commissioner Greenwald stated he looked through these and he wondered if these were looked at by staff as a team for mistakes because there is a lot to look through. Mr. Bednarz stated there are at least two more screens this will go through before it is codified if the City Council adopts them. Chairperson Daninger asked if they make the recommendation for approval tonight, would this go to Councilor would it wait until the other items would be reviewed and discussed by the Commission. Mr. Bednarz thought they were going to wait until staff had everything together in one package. Mr. Bednarz stated with the second round, they will have another public hearing to give residents to come forward for all of the items if they were not able to attend this meeting. Commissioner Holthus questioned number ten in the list, PUD definition, she stated that was not included in the revision items and wondered if this would be discussed at a future worksession or was it left out. Mr. Bednarz stated that item staff amended independently and took forward to the Council, which they approved. Commissioner Jasper asked on Chapter 6-4-4, Limitations on Snowmobiles and Four Wheelers and the times, as read, it would allow driving through midnight on Sunday nights and cuts it off at 11 :00 p.m. Monday thru Thursday. He wondered if it was the intention to cut it off at II :00 p.m. on Sunday as well. Mr. Bednarz stated the intent would be for the later hours to be Friday and Saturday nights. Commissioner Jasper thought they should change the wording to read II :00 p.m. Sunday thru Thursday. Mr. Bednarz stated he would review the wording on this item. Commissioner Greenwald asked if someone goes faster than fifteen miles an hour by a lake shore ice house do they get a ticket. Chairperson Daninger stated the sheriff usually patrols that and the City replicates the State. Motion by Jasper, seconded by Greenwald, to recommend to the City Council approval of the Zoning Ordinance update with revision to Chapter 6-4-4 to change the wording to read II :00 p.m. Sunday thru Thursday. Motion carried on a 6-ayes, O-nays, I-absent (V atne) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 3 PUBLIC HEARING: REZONING (05-06) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-I) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CROSSTOWN BOULEVARD AND THE BURLINGTON NORTHERN RAILROAD. Mr. Vrchota explained the Planning Commission is asked to review the proposed rezoning of the property for the proposed "Sophie's South" plat. Mr. Vrchota discussed the staff report with the Commission. Motion by Greenwald, seconded by Kirchoff, to open the public hearing. Motion carried on a 6-ayes, a-nays, I-absent (Vatne) vote. There was no public input. Motion by Kirchoff, seconded by Greenwald, to close the public hearing. Motion carried on a 6-ayes, a-nays, I-absent (Vatne) vote. Motion by Jasper, seconded by Greenwald, to recommend approval of the rezoning request to the City Council based on the fact that times and conditions have changed. . J Motion carried on a 6-ayes, a-nays, I-absent (Vatne) vote. Mr. Bednarz stated that this item would be before the Council at the June 7, 2005 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO ADD CREMATORIUM TO THE DEFINITION OF MORTUARY AND FUNERAL HOMES. Mr. Bednarz stated the applicant is interested in constructing a funeral home with a crematorium on property located at the southwest corner of Bunker Lake Boulevard and Crooked Lake Drive. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked how many funeral homes were in Andover. Mr. Bednarz did not believe they had any at this time. Commissioner Kirchoff asked how many cemeteries they have in Andover. Mr. Bednarz believed there was one on a rural property. Chairperson Daninger indicated there was another at Constance Free Church. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:30 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Vatne) vote. . / Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 4 Mr. Bednarz indicated Mr. John & Mrs. Julie Retner, 13665 Bittersweet, submitted an e- mail to the Commission and was handed out to the Commission. Ms. Julie Jurassic, 13563 Crooked Lake Boulevard, indicated they owned five or six or lots not far from the property in question and have kept it residential. She thought all of Crooked Lake should be kept residential. She noted there was a school and lake in that area and did not think the City would want to put in a funeral home with a crematorium spreading air pollution. She did not think kids should walk to school in front of businesses. She thought this should be left residential and did not agree with changing the zoning to add a crematorium later on. She noted everyone on Crooked Lake Boulevard have left their land residential for the wildlife and quiet. They even fought to save the road so kids can ride their bikes up and down Crooked Lake Boulevard. She indicated she did not want a business in there. Mr. Nathan Torgerson, 13618 Bittersweet Street, stated his concern was emissions associated with crematoriums. He passed out information to the Commission. He stated they have precedence in the Twin Cities area for attempting to add a crematorium in Roseville. In 2001, at the Roselawn Cemetery, there was a proposal to add a crematorium. From that the residents did a lot of residential work to see how that would impact their area and what they found was a report from the Cremation Association North America, the EP A was supposed to form regulations in 2000 and has been delayed until fallof2005. They did some research on what the emissions were in New York. He noted they talk about particulate matter and the visible emissions are more than the typical limit if they are firing at 1800 degrees Fahrenheit. It was noted the emissions were the same as what would come from a fireplace but the emissions from a fireplace are different than emissions from a crematorium. With a school in the area, kids would see the smoke during recess and would know there would be a cremation in process. He explained what the report included and noted Roseville denied the crematorium in the city. Mr. Torgerson noted there were hydrocWoride and mercury emissions and he did not believe a crematorium was necessary because of the pollution and possible mercury errusslOns. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, stated his concern was traffic. He noted Bunker is a very busy road and if there is a funeral home there, it will affect traffic at different times ofthe day and will have an adverse affect on his road because he did not think the funeral home would be allowed to let traffic out on Bunker Lake Boulevard. He thought there would be too many cars for the area. He did not think anyone was in support of this. Ms. Gail Pavorali, 2815 135th Circle, did not know how others were notified ofthis because the only notification they received was something on top of their mailbox along with a sign in the ditch on Bunker Lake Boulevard. She was concerned how people were notified. She did not think the funeral home was needed in the area. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 5 ) Ms. Gloria Benjamin, 13625 Gladiola, stated their property adjoins the property in question and they have for awhile tried to get Edelweiss to come through their property. She noted their property was locked in and with the funeral homes coming in; it looks like this would be the route they would take from the home to the street. She wondered if they wanted those homes to be built with a hearse going by. She wondered if it was important to put in the street now. She also indicated they had two churches, three schools, a daycare center, do they want that kind of atmosphere for those children. She wondered what levels of mercury they would be exposed to if this went in. Mr. Arden Ingberg, 13608 Heather Street, stated he moved to Andover for the purpose of tranquility and raising his children and for good memories. He noted he was the fIrst American born along with his siblings. His parents came from Poland and Russia and there have been times in his youth that his father talked about letters from his brother who wrote to him until sometime during WWII and then the letters stopped. He noted his uncle lived close to Treblinka, a Nazi camp. It was his position that he did not need to be reminded about what his father spoke about by having an aroma and smoke coming from a building close to his home. '. Mr. Vick Evans, 13553 Gladiola, stated the question being discussed by staff was the defInition of a funeral home and if it should include a crematorium. He agreed that the defInition of a crematorium should not be included in the defInition of a funeral home. He did not think the zoning for a funeral home with a crematorium should be different that for just a funeral home. He would support the idea of making them different. Mr. Tom Nerum, 13424 Uplander Street, stated his biggest concern with a crematorium is he is an avid fIsherman and has seen the affects of mercury fallout on some of the fIsh. His concern was what would happen to Crooked Lake if mercury emissions entered the air. He thought if there was going to be a crematorium in Andover; he would rather see it in an industrial area where the zoning would be correct for it. Mr. Shawn Kume, 13817 Edelweiss, stated his concern was with property values. There are plenty of places to put this such as industrial. Ms. Tammy Lund, 13713 Crooked Lake Boulevard, stated she will be living directly across from the funeral home. She indicated she did not want to see this every day. She asked to have a fence in the front yard to block traffic, public viewing, dust and dirt from the street and was told she could only have a six foot fence. She noted she wants an eight foot fence to block the view and dust. She stated she did not want to live with the emissions from a crematorium in her neighborhood. "- J Mr. Gary Tigen, 13554 Gladiola Street, concurred with everything that has been said. He noted his family did not want dead people in their back yard. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 6 ) Mr. Carl Bowesack, 13624 Heather Street, stated his concern was the visual from a funeral home to a crematorium with the stacks and also the parking. He noted all the funeral homes he has seen, there has not been enough parking and he wondered where all the cars would end up parking. He stated this is a large concern. Mr. Wayne Davids, 13607 Crooked Lake Boulevard, stated they have been in the area for a long time and the issue of the crematorium is out of the question. In regards to the funeral home, what will happen to the run off from the parking lot. He stated everything drains into his property already. He thought this was out of the question. That much parking in the area would drain to Crooked Lake and Coon Creek and would pollute the water. Mr. Eric Larson, 13527 Heather Street, stated several years ago they used to have car salvage along Bunker and the City Council changed that to make the area more conducive to residential life and he thought doing this and having a crematorium put in the same area would bring them backwards instead of forwards. \ Mr. Gary Narrison, 13415 Heather Street, asked if this was currently zoned low density residential and he would like it to remain that way rather than change it to limited business. He thought they should keep this residential and park on the north side of the lake. He stated they could deny a crematorium within the city by zone. He thought they should keep it in an industrial zone. Mr. Miles Petier, 13624 Crooked Lake Boulevard, stated he was not really concerned about a funeral home but ifthe crematorium does not go in, does that make the funeral home go away. Ms. Kimberly Carr, 3511 142nd Lane, stated her concern was the noise associated with a crematorium. She thought this might be better in an industrial area Ms. Theresa Escrow, 13458 Heather Street, stated one concern she had was for their wells. She did not know if having that there would affect their well water. Mr. Nathan Torgerson, 13618 Bittersweet, asked if the proposed zoning has a height restriction. Mr. Bednarz stated across the board in the commercial district there is a height limit of thirty-five feet, which is the same as in this residential district. Mr. Torgerson stated the main reason cities want crematoriums in industrial areas is because they do not have height restrictions and if the stack is allowed to go higher, it does not restrict the emissions as much. Ms. Julie Jurassic, 13563 Crooked Lake Boulevard, asked from what she understood, they are determining the definition. She wondered if they were determining is they would allow the property to be used as a crematorium. Chairperson Daninger stated that would be decided in the next item. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 7 Ms. Carol Bentley, 13610 Crooked Lake Boulevard, thought the rezoning was for the [mancial benefit of only one person and this would affect many people if changed. She stated it is going to compromise health, property values and quality oflife. Ms. Gail Pavorali, 2815 135th Circle, asked why this came up because it is a residential area. She wondered why this was not denied from the beginning. Chairperson Daninger stated an applicant can pay to have anything put on a site. If the zoning ordinance says you cannot do it, then the applicant can ask for a change or variance and that is what the applicant is doing. Mr. Gary Narrison, 13415 Heather Street, asked what staff's recommendation for this was. Mr. Bednarz stated with an application and a fee, the applicant is entitled to a public hearing process and a decision by the elected officials. Staff can and does make a recommendation but as a property owner you have the right to get a recommendation and decision by the elected officials. Mr. Narrison asked what the recommendation was. Mr. Bednarz stated their recommendation was that crematoriums not be included in the definition of mortuary and funeral home. That should be separate. Mr. Shawn Kume, 13817 Edelweiss, asked if they were to put the funeral home there and it would produce enough traffic, would the City then decide to put a light in at that intersection because if they would, it would be a financial impact to the residents. He also wondered what kind of impact it would have on the road itself and would it adjust the speed limit. Chairperson Daninger was not sure if staff could answer that question at this time. Mr. Bednarz indicated this was not directly related to this item. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, stated if there are improvements to the intersection, it would mean assessments to the residents and would be a financial burden. Mr. Wayne David, 13607 Crooked Lake Boulevard, asked if this was just a funeral home, would they have to reactivate the service road in the area to accommodate the traffic. That could impact some people tremendously. Chairperson Daninger indicated this was not being looked at with this item. Mr. Carl Bonesock, 13624 Heather Street, asked if a funeral home is able to be in a limited business and a crematorium added to that, what does that do to the utilities. Will there be a larger gas pipe or a larger amount of utilities required. He was not sure what the water capabilities were in the area. Mr. Mike Petio, 13624 Crooked Lake Boulevard, asked if they were going to talk about item six. Chairperson Daninger stated Item six is on the agenda for tonight but the public hearing seems to be blended into this item. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 8 Ms. Gail Pavorali, 2815 135th Circle, stated she came from a small town with a funeral home and crematorium. She stated in the small town, the funeral home is in the residential area and the crematorium is by the cemetery with no one around them. Mr. Charlie Vieman, 13646 Crooked Lake Boulevard, gave the Commission his history ofliving in Andover. He stated they have to move because they can not handle their home anymore. He stated their house buffers the entire neighborhood for noise and the draining goes under the street into a cess pool and then into the creek. He noted the well water has been in use since his house was a school house and has never been contaminated. He noted the traffic will come out onto Crooked Lake Boulevard and then to Main Street, not Bunker Lake Boulevard. Mr. Vieman stated if there is a review in the evening, by 9:00 p.m., the place will close. He stated he could have sold his land to a bank or a service station. He noted he could have also put in ten duplexes on his property also. He stated he does have alternatives for his property. Mr. Eric Larson, 13527 Heather Street, stated he would be against including a crematorium in the definition of a funeral home. He would propose the Commission to not accept the definition. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, thought traffic going down Crooked Lake Boulevard will have an adverse affect on their residential area. He thought this will ruin the neighborhood and make people move out. Motion by Greenwald, seconded by Casey, to close the public hearing at 8:25 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Mr. Russ Karsch, Miller Funeral home Designs, made a presentation to the Commission. He noted the crematorium does not emit smoke emissions into the air and there is not any external noise associated with a crematorium. Commissioner Greenwald wondered how large the lot was. Mr. Karsch stated it was around 1.4 acres. Commissioner Greenwald asked if there were crematoriums at all of the funeral homes. Mr. Karsch stated they are located in St. Cloud and their business is designing and remodeling funeral homes. He stated crematoriums are based on volume and the cremation rate in Anoka County is at forty percent. Commissioner Greenwald asked how many crematoriums are in Anoka County. Mr. Karsch was not sure but indicated there were forty-seven crematoriums in Minnesota. Thirty-seven are in funeral homes. ./ Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 9 / Chairperson Daninger asked if they would need to connect to City sewer and water. Mr. Bednarz stated they would. Chairperson Daninger stated there was a question about utilities, he wondered if this would require more energy then residential. Mr. Karsch stated the utilities would be the typical residential utilities but there would be another gas line brought in for the retort and that would be a four inch line instead of a two inch. Commissioner Greenwald wondered if there were different parking requirements for a funeral home versus a commercial business and if they do not have a crematorium there, can this be done with a funeral home only. Mr. Bednarz stated there are specific parking requirements for funeral homes, not as extensive as for commercial. Commissioner Greenwald wondered if there would be adequate parking for this. Mr. Bednarz stated on the concept plan it shows fifty-nine parking stalls on the property. Mr. Karsch indicated the owner would not do just a funeral home in the City because the cremation rate is so high. Mr. Karsch stated he would need to check with the owner regarding continuing pursuing this if definition in item five was not recommended. Commissioner Jasper stated the question with the wells was not if the cremation and funeral home would have a well but would the mercury emissions affect the surrounding wells in the area. Mr. Karsch stated he would have to check on the mercury issue because there is one web site that indicates mercury would not be an issue and he would provide that for the City. Commissioner Casey asked if they would be bringing in other business for cremation or would they be only doing their own. Mr. Karsch indicated they would only do their own. Mr. Karsch noted the crematoriums are inspected once installed and then inspected every two years. He also stated the funeral home has to be educated on cremation. Mr. Karsch gave the Commission statistics regarding crematoriums. Mr. Karsch indicated there are faiths and families who want to participate in the cremation and having this in an industrial area would not allow this. Commissioner Greenwald asked if a crematorium is not put here, is there another location in Andover where they would want to do this. Mr. Karsch stated they have been looking for a year and have not found anything else in Andover. He noted the land prices are too high. Mr. Karsch showed a picture of a funeral home and crematorium they built in Wisconsin showing the stack and indicating this would look like a fire chimney on a house. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 10 / Commissioner Holthus noticed there were twelve different concerns, three were related to crematoriums and nine were about having a funeral home in general. She wondered if it mattered if cremation was added to the definition or not because there would be objections whether it was added or not. Commissioner Kirchoff thought all funeral homes have a crematorium in them and he felt they went hand in hand as far as a definition stand point. Commissioner Jasper indicated he was surprised that a funeral home was an accepted business in any business district in Andover. He was not sure if a funeral home should be allowed in a residential area. He thought they should adopt an ordinance defining mortuary and funeral home. He suggested making a motion where it describes it and excludes a crematorium and then in the future a crematorium could be looked at as a use in very limited business districts. Chairperson Daninger stated he concurred and did not like changing a code amendment based on an applicant. He stated he was uncomfortable changing the definition and thought this should be looked at further. Commissioner Kirchoff asked if they could find out where they are permitted and limit where they can go. Chairperson Daninger asked the Commission for an indication of how they are going to vote on this item. Commissioner Jasper stated he would like them to adopt a resolution excluding crematoriums. Commissioner Greenwood agreed. Chairperson Daninger stated he would not want to see this include a crematorium. Commissioner Kirchoff also agreed. Commissioner Jasper stated ifhe would make a motion, he would change the language in this definition to exclude crematoriums so they do not have an ambiguous use of mortuary and funeral home in their ordinance. Commissioner Casey concurred with Commissioner Jasper and thought they should at least defme it and then leave it for a conditional use at that point. Commissioner Holthus stated she did not have a problem with it being in the definitions but did not like this being at the proposed location at all. Motion by Jasper, seconded by Casey, to strike the second line in the ordinance "crematorium too" and in the actual definition of Mortuary and Funeral Home in the last home strike the word "including" and add "excluding" and correctly spell "definitions" in the first line of the ordinance. Motion carried on a 5-ayes, I-nays (Holthus), I-absent (V atne) vote. Mr. Bednarz stated that this item would be before the Council at the June 7, 2005 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 11 / PUBLIC HEARING: REZONING (05-05) TO CHANGE THE ZONING FROM SINGLE FAMILY URBAN RESIDENTIAL (R-4) TO LIMITED BUSINESS (LB) FOR PROPERTY LOCATED AT 13646 CROOKED LAKE BOULEVARD MY. Mr. Bednarz explained this item is related to the previous discussion concerning crematoriums. As a result the discussion on the previous item affects the proposed rezoning. It is the applicant's intent to construct a funeral home with a crematorium on property located at the southwest comer of Bunker Lake Blvd and Crooked Lake Drive. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked if they could move forward then because it is a decision by the applicant to move forward or not. He would hate to act without knowing what was going to happen. Mr. Bednarz stated based on the Commissions recommendation in the previous item, the Commission should vote for denial but the City Council could vote different! y. Chairperson Daninger asked for clarification on limited business. Mr. Bednarz gave the Commission examples of other businesses that could be developed on the property. " Chairperson Daninger asked if they tabled item six, is there a timing issue or would the applicant have time to answer the question regarding moving this forward. Mr. Bednarz thought the applicant may have additional comments based on the decision in Item five. , / Commissioner Greenwald asked how long ago the City decided the three sites were transitional commercial. Mr. Bednarz stated he first saw them on maps dating back to 1998. Commissioner Greenwald wondered if there were homes on the other sites. Mr. Bednarz stated there was one to the west of this property. Commissioner Greenwald wondered what would happen if one ofthe homes burned down, would they allow another home to be built on the property. Mr. Bednarz stated they would be allowed to rebuild because it is one ofthe uses allowed. Commissioner Greenwald remembered in the public hearing, someone mentioned a park and would this be a possibility. Mr. Bednarz did not think it was the cities intent to put a park in this location. Commissioner Holthus remembered the Park Commission wanting to install some playground equipment at the boat landing but it would be expensive to buy that property for a park. Commissioner Greenwald wondered ifthe old house was tom down and a new house would be put up, could this be done with out having to get approval. Mr. Bednarz stated they could put up a new home. ., , Regular Andover Planning and Zoning Commission Aleeting Minutes - May 24, 2005 Page 12 Commissioner Kirchoff indicated this would have to be contract zoning change and from the Commission, they are not in favor or what is being proposed to this site right now. He wondered if they could even act on it because it would be contradictory to what they already decided. He thought it needed to go forward so the Council could make a decision on this. Motion by Greenwald, seconded by Casey, to open the public hearing at 9:04 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Mr. Eric Larson, 13527 Heather Street, asked when this was transitional zoning and what is the process to move the property back to residential only. Mr. Bednarz stated the property owner has the right to petition the City for land use change and the City can change the zoning. Commissioner Kirchoff indicated even if a resident petitioned to change a property; it does not necessarily mean it will be changed. Mr. Bednarz stated regardless of what property and where it is, those are the two methods. Mr. Carl Bonesock, 13624 Heather Street, asked for a clarification on the zoning. He thought Limited Business went up from there to small commercial. He thought 52 parking stalls were a little too much for a Limited Business. Mr. Bednarz stated Limited Business is the most restrictive commercial district. It typically allows office uses but not retail. Ms. Tammy Lund, 13713 Edelweiss Street, asked Mr. Vieman why he did not try to sell the property as residential instead of as Limited Business because he was proud of his home and neighborhood. She wondered if she could also come to the City and request her property become Limited Business and is there a way to try to get this back to residential and keep it that way. Chairperson Daninger explained the process a resident can go through for changes to their property. Mr. Nathan Torgerson, 13618 Bittersweet Street, asked if this is approved to go at Limited Business without knowing what will be built there, when that business does come through and ifit meets the criteria of Limited Business, does that mean it can be built there without a public hearing. Mr. Bednarz stated this was correct ifthe property was rezoned. Mr. Torgerson asked if it was typical to rezone without knowing a plan. Mr. Bednarz stated their Code asks for a contract so they know what specifically goes in when they rezone from residential to commercial. Ms. Gail Pavorali, 2815 135th Circle, stated she was appalled by the number of cremations in their County and they did not have any property cemetery to bury people and she wondered if the City could set aside some land for a funeral home with a cemetery. She stated Crooked Lake Boulevard was a residential street and not a County Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 13 Road anymore and she did not think: people on Shenandoah Boulevard would appreciate funeral processions down their road anymore than they would appreciate it. Mr. Gary N arrison, 13415 Heather Street, stated there were a couple of issues brought up before. He assumed the property owner petitioned for his property to be rezoned but before it can be done, it needs to be put in the master plan and he wondered who was responsible for doing that. Mr. Bednarz stated this was adopted as a part of the Comprehensive update. He indicated there are public hearings for proposed changes to the public hearing and sometimes people do not know what is being proposed with so many changes. Mr. Narrison asked the Planning Commission to reconsider and change this back to residential. He thought the funeral home could locate somewhere else within the City that would be more appropriate. " Mr. Mike Petio, 13624 Crooked Lake Boulevard, thought they had some preconceived notions as to what a crematorium looked like. He stated he lives next door and is not concerned about a funeral home and would not be any worse than purchasing the home and letting it be run down. He stated he purchased his property and it was run down and brought down the property values in the neighborhood. He did not care if the funeral home came in or not and if Mr. Vieman can sell his property for more commercially, that is his business. He wanted to go on record as saying, let them bring business into the neighborhood that is appropriate to the neighborhood. He stated this business is no worse than the gas station down the road potentially contaminating the ground or Sloth nursery potentially contaminating the lake and ground with what ever they use on their plants. He stated he was not sure ifhe would De opposed to a crematorium after seeing what it looked like. Ms. Jean Jurassic, 13563 Crooked Lake Boulevard, stated they have lived there for over fifty years and have kept their property natural for the environment and animals and it is a peaceful and quiet neighborhood and Crooked Lake Boulevard should be kept residential. Mr. Art Steinberg, 13562 Crooked Lake Boulevard, remembered when it was a County Road and dump trucks going through. He remembered when it was noisy then and how quiet it is now. He thought if the funeral home would go in, the neighborhood would be noisy again and would be a bad impact on all the surrounding streets. Mr. Wayne Davis, 13607 Crooked Lake Boulevard, asked ifthe plan included expanding this business to the other two properties because that is what he understood what was happening. Chairperson Daninger did not think they could answer this. " Mr. Tom Nerow, 13424 Uplander Street, asked if they could apply for a conditional use and add a crematorium on later as a separate building. By excluding crematorium from the definition of funeral homes does not exclude them from being in the City. Mr. . / Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 14 } Bednarz stated due to the fact the crematorium is not listed ,as a use in any District in the City, there will need to be a text amendment added somewhere before it will be allowed. Ms. Gail Pavorali, 2815 135th Circle, asked if anyone has contacted Coon Rapids to see if they had any objections to this because it is only four blocks until they hit Coon Rapids. Mr. Bednarz stated they did some research with the City of Coon Rapids on how they treat this use so he assumed they were aware of this but a notice did not go out to them. Mr. Wayne Benjamin, 13625 Gladiola Street, stated his property joins the two lots on the map that was shown. He was told that if the three lots were to go commercial, they would have to have a frontage street and would not allow enough property for any type of business because it is only three hundred feet deep. He did not see how they could allow commercial there. He stated if commercial is against their property, it will not help their property at all. Mr. Wayne Davis, 13607 Crooked Lake Boulevard, thought it was a bad idea to make the entire area a commercial site because of the location. . '\ Mr. Nathan Torgerson; 13618 Bittersweet Street, asked if this property was moved to the transition before Bunker Lake Boulevard was widened because before the widening, there was room to move around the property but now they can not go left and right. Mr. Bednarz stated this was done after the street was widened. Mr. Eric Larson, 13527 Heather Street, stated Crooked Lake Boulevard used to go straight across ten and was closed. off in the last ten years so if it was zoned before then, it would have been an additional access point and now that is not there. Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 9:30 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Commissioner Greenwald stated the packet they were given does not have any specific reference to the funeral home so he wondered if their decision was just specific on what they had in front of them. Chairperson Daninger thought there was a reference to the zoning contract. Mr. Bednarz stated item one in the resolution would link approval of the rezoning to a rezoning contract and also to some of the items that are in the report. Commissioner Jasper stated until there is a different proposal; he did not think it was appropriate to rezone the property at this time. Chairperson Daninger concurred. Motion by Jasper, seconded by Casey, to recommend denial of the request for rezoning 05-05. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. , Mr. Bednarz stated that this item would be before the Council at the June 7, 2005 City Council meeting. / Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2005 Page 15 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Chairperson Daninger commended the staff and other Commission Members for the presentations and information presented. Mr. Bednarz stated staff wanted to thank the Commission for the work done on the changes. ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 9:37 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Vatne) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.