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HomeMy WebLinkAboutPZ - September 13, 2011L Andover Planning and Zoning Commission Meeting Agenda September 13, 2011 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes —May 24, 2011, July 12, 2011 3. PUBLIC HEARING: Conditional Use Permit (11 -04) for outdoor display, storage and sales for Time to Thrift at 13735 Round Lake Boulevard. 4. PUBLIC HEARING: Conditional Use Permit (11 -05) for outdoor storage and interim performance standards at 3160 162 d Lane NW. © 5. Work Session: Commercial Development 6. Other Business 7. Adjournment U 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.CLAN DOVER. MN.US X PLANNING AND ZONING COMMISSION MEETING —SEPTEMBER 13, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 13, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Tim Kirchoff, Michael Olsen, and Devon Walton (arrived at 7:05). Commissioners absent: None. Also present: City Planner, Courtney Bednarz Community Development Director, Dave Carlberg Others Iq APPROVAL OF MINUTES. May 24, 2011 Motion by Kirchoff, seconded by Holthus, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Cleveland and Gudmundson), 1- absent vote (Walton). July 12, 2011 Commissioner Olsen indicated he had three pages of changes for the minutes. He provided verbatim language to better reflect the comments made at the meeting. Chairperson Daninger suggested action on the minutes be tabled to the next meeting. Motion by Olsen, seconded by Kirchoff, to table the minutes to the October meeting. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent vote (Walton). Commissioner Walton arrived at 7:05 p.m. 1 J Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 © Page 2 PUBLIC HEARING. CONDITIONAL USE PERMIT (11 -04) FOR OUTDOOR DISPLAY, STORAGE AND SALES FOR TIME TO THRIFTAT 13735 ROUND LAKE BOULEVARD. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Conditional Use Permit to allow for outdoor display, storage and sales at 13735 Round Lake Boulevard. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. He discussed new information received from the Fire Department regarding storage beneath overhead projections. The Fire Department did not recommend allowing any outdoor storage of combustible materials under the canopy without sprinklers, as regulated by the Fire Code. Commissioner Holthus questioned what the consequences would be if the fire code were not followed. Mr. Bednarz indicated the Council could vary from the code, but liability issues may arise. This was not the recommendation of the Fire Department. Commissioner Kirchoff asked if the regulation was part of the overall Fire Code that the city adopted. Mr. Bednarz stated this was the case. Commissioner Kirchoff inquired if the proposed outdoor storage was planned for evening hours or only during business hours and whether this should be considered storage. Mr. Bednarz stated this was discussed with the State Fire Marshall and he recommended that regardless of the amount of time that no combustible items be allowed to be stored under an un- sprinkled canopy. Commissioner Olsen asked if the Planning Commission would need to hold a public hearing and review the variance, if this option was recommended, or if the City Council could do this. Mr. Bednarz stated the Council has the authority to approve a variance and would need to state findings to allow for the variance from the Fire Code. Commissioner Olsen recommended the applicant sign a liability waiver releasing the City from any liability if the item were to proceed. Chairperson Daninger commented that if the area were sprinkled outdoor displays and storage would be allowed. Motion by Kirchoff, seconded by Holthus, to open the public hearing at 7:17 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Jackie Egan, 16462 Bittersweet Court, felt there was a discrepancy between what was and what was not allowed in outdoor displays throughout the city. She drove throughout the City and commented that gas stations are allowed to have outdoor storage, with combustible items, near gas pumps. Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 © Page 3 Ms. Egan was asking to place furniture and household goods outside her store front during business hours only. She indicated the Andover Downtown Center was steel construction with a concrete sidewalk and felt the risk for a fire was extremely low. Ms. Egan noted the building owner Dave Hanson, supported her outdoor storage request. She stated she would be more than willing to mount a fire extinguisher at the entrance of the store to assist with safety. Ms. Egan explained that outdoor storage was allowed for other commercial uses throughout the City and that she should not be singled out or excluded. She requested the Commission approve her Conditional Use Permit request. Commissioner Kirchoff questioned if the goods would remain outside the store unsupervised. Ms. Egan stated they would be supervised and the household goods would only be placed outside in warm weather and would be pulled in each night. Commissioner Holthus asked if the applicants lease mentioned anything about outdoor storage. Ms. Egan was unaware of any language or stipulations. She reiterated that the building owner, Dave Hanson, had signed the application and was in favor of allowing outdoor storage. © Commissioner Gudmundson inquired if the items being displayed outside were overflow goods or being placed outside to gain attention from potential customers. Ms. Egan stated her site had been vacant for five years and she wanted to draw attention to passer - bys. Commissioner Gudmundson questioned if window displays were possible. Ms. Egan commented this could be done if she had to, but that sales increased when items were placed outdoors for display. She indicated the outdoor items were drawing people into the store. Commissioner Gudmundson expressed concern with the amount of items that would be displayed outside and that they would encroach into the required three foot walking path. Commissioner Holthus stated she was pleased to see the Andover Downtown Center spaced being rented. She asked if the applicant had spoken to the neighboring tenants to see if either opposed the outdoor storage. Ms. Egan indicated she spoke with representatives from County Market and the sign placement was discussed. She noted Panda Garden was also pleased with the site being rented as it was increasing their business. Commissioner Walton questioned if a "No Smoking Sign' was posted outside of Time to © Thrift. Ms. Egan stated the only sign posted outside of her store was "No Roller Skating, Biking or Skateboarding ". She indicated she could have this sign posted to increase the safety in the canopy area. Regular Andover Planning and Zoning Commission Meeting Minutes —September 13, 2011 © Page 4 Commissioner Kirchoff asked why the Conditional Use Permit request was brought before the Commission at this time. Mr. Carlberg stated a call was made to the City regarding the outdoor storage at Time to Thrift. Chairperson Daninger inquired if the building was sprinkled. Ms. Egan stated the building did have automatic sprinklers. However, she did not have time to speak with the building owner about extending the sprinkler heads to the canopy area. Chairperson Daninger questioned if the display items were placed outdoors year round. Ms. Egan clarified that items were only placed outside on clear, warm days. No items were placed outside on rainy, windy, or wintery days. Commissioner Holthus asked if more items would be placed outside if the Conditional Use Permit were approved. Ms. Egan did not anticipate placing more items outside the storefront as it was a great deal of work to bring the items in and out of the store on a daily basis. Motion by Kirchoff, seconded by Holthus, to close the public hearing at 7:40 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. © Commissioner Walton inquired if the City required new structures to have outdoor sprinklers in canopy areas. Mr. Bednarz explained he was uncertain that this was required, but indicated some newer canopies have been sprinklered. Commissioner Cleveland requested the City's definition of outdoor storage. Mr. Bednarz stated City Ordinance states outdoor storage includes items that are kept outside for a longer period of time such as vehicles and equipment in an industrial area. He stated this is different than display during operating hours only. Commissioner Cleveland did not feel the request before the Commission this evening did not fall into the "Outdoor Storage" classification. Therefore, if the items were not considered "Outdoor Storage" the Conditional Use Permit was not necessary. Commissioner Gudmundson stated the items placed outside were on "Display" and had to follow City Code 12 -12. Mr. Bednarz reviewed City Code 12 -12 with the Commission. Mr. Carlberg explained that this was not a zoning issue, but rather the City's building/fire code did not allow for the storage or display of combustible items in un- sprinkled canopy areas. He indicated another issue at hand was to bring businesses throughout the City into compliance with the City's outdoor storage regulations. Commissioner Kirchoff explained that he did not feel the items displayed in front of the store considered "storage" either. He supported the Conditional Use Permit request. Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 © Page 5 Commissioner Olsen felt the outdoor storage regulations were too extreme and that the Code could hinder businesses throughout the City if strictly enforced. Mr. Bednarz further reviewed City Code 12 -12 stating the word "combustible" would need to be further defined as only non - combustible items were allowed to be displayed outdoors. Commissioner Holthus commented the outdoor display could be brought into compliance if the wooden bookshelf were replaced with a metal bookshelf. Chairperson Daninger asked if combustible items could be displayed on the three foot sidewalk area that is not under the canopy near the curb. Mr. Bednarz stated this was not covered in Code, but may not be the safest option. Chairperson Daninger indicated it would be difficult for him to recommend approval of the Conditional Use Permit and go against the recommendation of the fire department. Motion by Olsen, to recommend to the City Council approval of Resolution No. 11 -04, to Approve a Conditional Use Permit for Outdoor Display, Storage and Sales for Time to Thrift at 13735 Round Lake Boulevard, and that the applicant, adjacent tenants and © building owner sign a liability waiver to hold the City harmless. Commissioner Cleveland requested the word object be changed to obstruct in the Resolution. The motion failed for lack of a second. Commissioner Kirchoff explained he would have a difficult time going against the recommendation of the Fire Chief. He suggested the City Code regarding outdoor display and storage be reviewed by the Commission in the coming months. Chairperson Daninger indicated he would be willing to review this Code further if the Commission made the recommendation. He felt the stipulations were affecting Andover businesses. Commissioner Holthus reviewed the Resolution requesting a third stipulation be added to allow for only non - combustible items to be stored or displayed outdoors. Motion by Holthus, seconded by Olsen, to recommend to the City Council approval of Resolution No. 11 -04, to Approve a Conditional Use Permit for Outdoor Display, Storage and Sales for Time to Thrift at 13735 Round Lake Boulevard, and that only non- combustible items be allowed in the outdoor storage display. Commissioner Cleveland again requested the word object be changed to obstruct in the first condition of the resolution. Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 Page 6 Commissioner Walton clarified that the four feet of display area should be four feet in depth from the leased storefront and not the four feet closest to the curb. Chairperson Daninger indicated he could support this Motion carried on a 6 -ayes, 1 -nays (Gudmundson), 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the September 20, 2011 City Council meeting. PUBLICHEARING: CONDITIONAL USE PERMIT (11 -05) FOR OUTDOOR STORAGE AND INTERIM PERFORMANCE STANDARDS AT 3160 162 LANE NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Conditional Use Permit at 3160 162 Lane NW for outdoor storage. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. © Commissioner Cleveland requested further information on the recycled aggregate material. Mr. Bednarz stated this was a crushed asphalt material that would be rolled out in the outdoor storage area and act much like a bituminous surface when compacted. Commissioner Holthus asked if this product was less expensive than an asphalt surface. Mr. Bednarz stated this was the case. Commissioner Walton questioned how this site compared to the vehicle sales lot in this area of the City. Mr. Bednarz stated the sites were similar but curbing was required by the City at the vehicle sales due to the parking expansion; increase in impervious surface and to assist in directing drainage to the storm water pond required by the watershed district. Chairperson Daninger inquired who created the landscaping plan. Mr. Bednarz commented the applicant presented the City with a landscaping plan which was then reviewed in accordance with City requirements. Chairperson Daninger asked if an additional eight trees could be requested of the applicant. Mr. Bednarz stated this would bring the landscaping plan into compliance with the City's standards and the additional trees would provide a larger buffer from Round Lake Boulevard. He indicated a septic system would be installed on the site and would provide additional limitations to plantings in the northwest area of the site. Motion by Walton, seconded by Kirchoff, to open the public hearing at 8:11 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 Page 7 The applicant, Ron Johnson, 16651 Quicksilver Street in Ramsey was in attendance. Commissioner Gudmundson asked if the trees in the southeast corner could be saved. Mr. Johnson stated the trees would be removed to allow for additional storage. He stated the cottonwood trees were a nuisance and had to be removed. Commissioner Olsen requested further information on the height of the future garage. Mr. Johnson noted the garage would be single story and 26 feet in height to the peak. Motion by Walton, seconded by Kirchoff, to close the public hearing at 8:14 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Kirchoff was in favor of removing the cottonwood trees from this site as they were a nuisance. Chairperson Daninger questioned if staff had a preference on color of the fence slats. Mr. Bednarz recommended the color match the proposed building color as closely as possible. Motion by Kirchoff, seconded by Walton, to recommend to the City Council approval of Resolution No. 11 -05, to Approve a Conditional Use Permit for Outdoor Storage and Interim Performance Standards at 3160 162 Lane NW. Chairperson Daninger would be in favor of additional shrubs and trees within the landscaping plan. He noted he would support the request but stated the additional greenery would appease the neighboring properties. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the September 20, 2011 City Council meeting. WORK SESSION— COMMERCL4L DEVELOPMENT. Mr. Bednarz provided the Planning Commission with further information on Commercial Development in the City of Andover. He indicated this topic of discussion was brought about by the Commission at a past meeting. One concern was if the City had enough property zoned Commercial and Industrial. Mr. Carlberg reviewed the new Economic Development information available on the © City's website with the Commission. The website would assist with marketing available properties in the City with contact information to City staff. Metro MSP links have been Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 Q Page 8 added to the site, along with Andover Station North demographics. This would prove beneficial to potential businesses. In addition, 2010 census information was available. Commissioner Kirchoff questioned what type of commercial development was thriving at this time. Mr. Carlberg indicated new buildings were a challenge at this time. For this reason, vacant space was being leased to new tenants. Commissioner Walton requested further information on two parcels near Fox Hollow. Mr. Bednarz stated these parcels were approved through the Grey Oaks subdivision and the PUD had proposed to place a convenience store and office space in this location. Commissioner Holthus asked for Staff to define transitional commercial. Mr. Bednarz stated transitional commercial means the site presently is residential and may transition to commercial in the future. Commissioner Kirchoff suggested the Commission look at ways for the City to become more business friendly, like in the case of outdoor storage. Mr. Carlberg stated City Code changes could be reviewed. However, fire code was in place to protect the general public. He indicated Andover was working to be a business friendly community by meeting the needs of the business community while maintaining public safety. Commissioner Kirchoff questioned if the City of Andover was seen as difficult to work with for commercial businesses. Mr. Carlberg stated he has recently received feedback from a business owner that Andover was friendly and easy to work with. He explained the more streamlined the approval process was, the easier it was for businesses to thrive in the community. Commissioner Olsen felt the City did need to diversify its tax base as only 2% of the land in the City was zoned commercial. Additional commercial property would generate additional revenues for the City. Mr. Carlberg indicated the larger issue with development is that Andover does not have a State Highway running through the City. Transportation issues were a concern for commercial development. He explained that County road corridors were being improved, but this was the City's challenge at this time. Chairperson Daninger questioned how the Commission felt about the percentage rate of commercial development in the City. He inquired how fast the City could react in the future to secure more commercial area in Andover. Mr. Carlberg explained that the focus of commercial development should be on the southern part of Andover where the critical mass of residents was larger. He noted that 10 redevelopment of existing sites would be critical in the future. Bunker Lake Road, Hanson Boulevard and Round Lake Boulevard would continue to be the main corridors for development. Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 Page 9 Commissioner Kirchoff asked if the railways could draw industry to the City. Mr. Carlberg stated this does have potential to create a rail industrial park. He explained 600 acres would have to be available in the City to make it successful. Commissioner Holthus questioned the percentage of commercial development in other bedroom communities. Mr. Carlberg stated the preferred percentage would be 20% to diversify the tax base. He indicated staff could investigate this further and report back to the Commission. Commissioner Walton was pleased the City's current commercial properties were relatively all occupied. He noted some communities in the metro area were struggling with vacancy concerns. Chairperson Daninger inquired if the Commission could review the zoning map and designate additional commercial sites throughout the City to raise the current percentage. Mr. Carlberg clarified that the City was not looking to have 20% of its acreage become commercial but 20% of its tax base. Commissioner Olsen agreed with Chairperson Daninger's suggestion as it was forward Q thinking and would establish potential commercial corridors, understanding that future commercial development would be concentrated to the southern portion of Andover. Commissioner Kirchoff questioned if this would create concerns for existing property owners. Chairperson Daninger asked for the cause and effect if the Commission were to rezone properties. Mr. Carlberg stated the land use map and zoning designations would have to be amended through public hearings. He suggested retail analysis be completed to see if the community could support additional commercial sites. This would provide a great deal of information to the Commission as to what types of uses that would thrive. Chairperson Daninger indicated this was exactly the type of information the City needed before making any zoning changes. He provided a summary of the comments made this evening and suggested the Council proceed with a retail analysis for the City before any further Commercial Development decisions were made. Mr. Carlberg indicated he would take these comments to the EDA and report back to the Commission as to the next step. Commissioner Holthus requested that neighboring bedroom communities commercial development percentages be evaluated and reported back to the Commission as well. C �� Regular Andover Planning and Zoning Commission Meeting Minutes — September 13, 2011 Page 10 Commissioner Walton thanked staff for updating the City's website and for providing the valuable EDA information to potential businesses. Mr. Carlberg stated the City wanted to have a "can do" attitude when working with new businesses. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. The Commission discussed how to handle future minute corrections. ADJOURNMENT. Motion by Cleveland, seconded by Gudmundson, to adjourn the meeting at 9:07 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, D & ] Heidi Guenther, Recording Secretary Timesaver Off Site Secretarial, Inc. H