Planning & Zoning

PLANNING AND ZONING COMMISSION MEETING – AUGUST 8, 2017 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 8, 2017, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Timothy Cleven, Scott Hudson, Bert Koehler IV, and Kyle Nemeth Commissioners absent: Steve Peterson and Jeff Sims Also present: Community Development Director Joe Janish APPROVAL OF MINUTES: June 13, 2017 Regular Meeting Minutes and June 27, 2017 Work Session Meeting Minutes. Chairperson Daninger noted the June 27, 2017 work session meeting minutes were already approved. Commissioner Nemeth requested a correction to: - Page 3, line 4, so it reads “…Commissioner Koehler…” - Page 3, line 25, so it reads “…City Council… - Page 3, line 31, “Commissioner Koehler…” - Page 4, Lines 24 and 36, “…Commissioner Koehler…” Commissioner Koehler requested a correction to: - Page 2, line 22, so it reads “…inquired about a similar…” - Page 4, line 19, so it reads “…knowing that concerns expressed…” Motion by Nemeth, seconded by Koehler, to approve the June 13, 2017 Regular meeting minutes as corrected above. Motion carried on a 5-ayes, 0-nays, 0-present, 2-absent vote (Peterson, Sims). PUBLIC HEARING: Conditional Use Permit – Commercial Animal Training Facility – 15827 7th Avenue NW – Joann Neve Chairperson Daninger reviewed the public process with the audience. Community Development Director Janish noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit (CUP) for a commercial Regular Andover Planning and Zoning Commission Meeting Minutes – August 8, 2017 Page 2 animal training facility at 15825 7th Avenue NW, an existing building on approximately 2 acres located in the southwest quadrant of 7th Avenue and Valley Drive. Community Development Director Janish reviewed the proposed commercial animal training facility with the Commission. This use can be allowed as a CUP in the neighborhood business district. This 3,500-sq. ft. building is often referred to as the Old Tom Thumb site or Old Quick Stop site. Community Development Director Janish stated the Planning Commission is asked to hold a public hearing and provide a recommendation to the City Council regarding the CUP request. He referred to two supplements distributed earlier this evening including a copy of two brochures outlining Pack Leader Behavior and Training from the applicant and an email of questions and concerns from Robert and Faith Whitcraft, 16002 Valley Drive NW. Community Development Director Janish referred to a question from a Commissioner regarding Chapter 12 Commercial/Industrial Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses and how animal training falls within a neighborhood business. He referred to the Chapter’s footnotes that states “for uses not specifically identified but similar in character if related to other uses”. He further noted larger pet stores do allow for dog training and staff felt this use falls under retail or veterinarian use with animals coming and going from the site. Community Development Director Janish said the use will have no grooming or overnight stays and the brochure provided refers to child pet safety courses, obedience training and others. Chairperson Daninger referred to the submitted questions from Robert and Faith Whitcraft and asked staff to respond. Community Development Director Janish reviewed how outdoor training and demos would be conducted indoors, lease terms are not specifically shared with the City, hours of operation, daily vehicle traffic is estimated to be less than a convenience store, proposed improvements including updates to electrical, plumbing, HVAC, that building code for commercial operations would need to be met as part of the updates, inspection for contamination such as gasoline or asbestos, signage, and risk and impact assessment on Fox Meadows Park. Commissioner Koehler stated he would be recusing himself from consideration of this item as he and the applicant have been friends for many years. Commissioner Hudson inquired if staff knows of any concerns with the applicant’s current location. Community Development Director Janish said staff is not aware of any concerns at the applicant’s current location, however an individual this evening noted prior to the meeting they believed that outside training was conducted at the current site, but has not confirmed that event. Commissioner Hudson asked if parking was based on what was done previously. Community Development Director Janish stated parking for this site would be calculated as the past site was calculated at 1/200 square feet. Regular Andover Planning and Zoning Commission Meeting Minutes – August 8, 2017 Page 3 Commissioner Hudson inquired about the current zoning of the Neighborhood Business District. Community Development Director Janish said the current site is zoned General Business District and the proposed site is Neighborhood Business District. Commissioner Nemeth inquired about signage requirements if signs are not utilized by the road, building or both. Community Development Director Janish said signage is based on the two acres and the applicant would be issued sign permits per district requirements. Commissioner Nemeth asked if the road or building sign would have to be removed if not utilized. Community Development Director Janish said the existing lettering would have to be removed and left as a blank face sign but noted the applicant intended to utilize both signage locations. Chairperson Daninger asked if dogs were allowed in parks. Community Development Director Janish said dogs are allowed if kept under control and leashed. Chairperson Daninger referred to parking on the nearby cul-de-sac which should be referred to as Old Valley Drive NW. Community Development Director Janish said potential redevelopment of the cul-de-sac with improvements to Fox Meadows would be beneficial to allow parking versus parking along Fox Street. Motion by Nemeth, seconded by Cleven, to open the public hearing at 7:23 p.m. Motion carried on a 5-ayes, 0-nays, 2-absent vote (Peterson, Sims). Randy Lindgren, 15801 Dakota Street, inquired hours and days of operation, number of daily classes, capacity, and potential expansion of classes or shifts. Bob Woodcraft, 16002 Valley Drive NW, referred to his submitted email and shared concerns about the condition of the site. He said while he was delighted to have a viable business at this location as it has been a public nuisance that should have been addressed years ago and shared concerns about why it took so long to hold the property owner accountable. Joann Neve, Pack Leader Behavior & Training, LLC, 5701 Ambassador Boulevard, St. Francis, applicant, explained classes would be held on Tuesdays 6:00-8:30 p.m., Wednesdays 6:00-7:00 p.m., Thursdays 6:00-8:30 p.m., Saturdays 9:00 a.m.-1:00 p.m. and Sundays 10:00 a.m.-1:00 p.m. She reviewed class expansion possibilities but noted she still has to work within people’s schedules and that any daytime classes would likely be seminars for dog owners only. Ms. Neve said they intended to use both signs that would include their logo and simple text only and will be resurfacing the parking lot, maintaining the weeds, and removing the graffiti. She said she will inform folks that dogs are not allowed in the park. Regular Andover Planning and Zoning Commission Meeting Minutes – August 8, 2017 Page 4 Commissioner Cleven inquired about class length. Ms. Neve said classes last between 50 minutes to one hour and that there would not be more than 18 cars at one time. Commissioner Nemeth asked how many classes the applicant holds currently. Ms. Neve said she holds two classes per day with open time in between so there are not too many dogs onsite at one time. Commissioner Nemeth asked how many individuals are typically present. Ms. Neve said summer is slow but attendance increases from September through Thanksgiving and then again in the spring. She said summer classes are usually 5-8 per class increasing to 12 per class during the winter months, adding she may add an additional staff person when busy, to help with training. Commissioner Nemeth referred to clean-up of dog waste. Ms. Neve said she is diligent regarding dog waste because puppies are present before all shots are complete, making the waste potentially contagious and a health risk to all dogs onsite. Commissioner Nemeth said he agreed with the proposed sign usage and stressed the importance that the park is not used for dogs after class. Ms. Neve said since classes are held in the evening dog owners typically want to go home right after class. Commissioner Cleven asked if the applicant intends to sell products onsite. Ms. Neve said she only sells treats and harnesses for use during class. Chairperson Daninger referred to hours of operation. Ms. Neve suggested no animals onsite after 9:00 p.m. but that seminars be held until 10:00 p.m. Commissioner Nemeth inquired if times of operation for retail are already established in the zoning code. Chairperson Daninger suggested including language about no later or no earlier than a specific time, such as 10:00 p.m. and inquired about proposed improvements in the building. Ms. Neve explained the building will include all new electrical, heating and plumbing. Chairperson Daninger noted site plan review will occur for improvements including parking. Ms. Neve said she intends to repave and stripe the parking lot including the area that currently has sand piles. Chairperson Daninger confirmed all training will occur indoors. Mr. Whitcraft asked for clarification on the parking lot and access from Old Valley Drive and 7th Street and if repaved will join the entrance to Old Valley Drive. Community Development Director Janish said access would remain as is and striping to match City Code. He said the Commercial Site Plan process will determine parking locations and if Regular Andover Planning and Zoning Commission Meeting Minutes – August 8, 2017 Page 5 additional pavement will be needed or pavement will be removed from the site and if any landscaping would be required to block headlights. Mr. Whitcraft referred to overflow parking in the cul-de-sac from the park and concerns about parking at the business occurring and asked if conditions are not followed what is the process to address concerns. Chairperson Daninger explained the Planning Commission makes recommendations for the City Council and how follow-up can be done at City Hall or the Council level. Community Development Director Janish explained if the applicant wishes to expand in the future the City would review the possibility through a CUP amendment which would include public notice for another public hearing and process, site plan review, and building permits. He added if the applicant operates differently than what is approved by the Council, the City, could in the worst-case scenario, act to revoke the CUP. Anteneh Tsadik, 4141 160th Avenue NW, said he was pleased to see the site improvements and stressed the importance of specific hours of operation to mitigate noise impacts and safety concerns for the residential area. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:51 p.m. Motion carried on a 4-ayes, 0-nays, 1-present (Koehler) 2-absent vote (Peterson, Sims). Commissioner Nemeth inquired about hours of operation outlined in City Code, similar to when Wal-Mart requested to be open 24 hours a day. Community Development Director Janish said hours could be included as part of the CUP process and suggested before Council consideration, staff research or include language in the Resolution that states specific hours unless City Code has a stricter time frame. Chairperson Daninger asked how barking concerns would be addressed and suggested screening or other noise buffering techniques. Community Development Director Janish stated site plan review has not occurred yet but that parking requirements adjacent to residential property triggers potential screening. He noted the site is surrounded by public right-of-way and is like an island and does not really abut residential property. Chairperson Daninger asked what other uses are allowed on this site. Community Development Director Janish reviewed potential uses allowed by zoning. Commissioner Nemeth suggested closing hours of 9:30 p.m. Commissioner Cleven suggested limiting hours to 6:00 p.m. on Saturdays and Sundays. Commissioner Nemeth referred to anticipated traffic on adjacent streets with Fox Meadows Park. He said he is pleased to see a business moving in and improvement but expressed concern on the number of people attending classes. Regular Andover Planning and Zoning Commission Meeting Minutes – August 8, 2017 Page 6 Motion by Nemeth, seconded by Cleven, to recommend to the City Council approval of a Conditional Use Permit for commercial animal training on property located at 15825 7th Avenue NW, subject to the conditions contained in the draft resolution and including hours of operation of 9:00 a.m. - 9:30 p.m. 7 days per week or per City Code. Motion carried on a 4-ayes, 0-nays, 1- present (Koehler), 2-absent vote (Peterson, Sims). Community Development Director Janish stated this item would be before the City Council at their August 15, 2017 City Council meeting. OTHER BUSINESS. Community Development Director Janish said the next Planning Commission meeting will be held on August 22 at 7:00 p.m. with a possible work session prior to the meeting. Commissioner Nemeth noted the June 13 meeting minutes referred to discussion on accessory building size and kennels and asked if that item will be before the Commission soon. Community Development Director Janish said staff is compiling other zoning code amendments for review and will bring them forward late fall or early winter. Commissioner Nemeth confirmed a work plan summary will be distributed for 2016 and referred to City Code amendments and meeting minutes passed for Chapter 12. ADJOURNMENT. Motion by Koehler, seconded by Cleven, to adjourn the meeting at 8:06 p.m. Motion carried on a 5-ayes, 0-nays, 2-absent vote (Peterson, Sims). Respectfully Submitted, Cathy Sorensen, Recording Secretary TimeSaver Off Site Secretarial, Inc.