Planning & Zoning

PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 12, 2022 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on April 12, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Mary VanderLaan, Nick Loehlein, Scott Hudson, Wes Volkenant, Jonathan Shafto Commissioners absent: Bert Koehler IV Also present: Community Development Director Joe Janish Associate Planner Jake Griffiths Others PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 22, 2022 Regular Meeting Motion: Chairperson Godfrey assumed a motion to approve the February 22, 2022 Regular Meeting minutes as presented. Motion carries by unanimous consent. PUBLIC HEARING: CONSIDER REPEALING EXISTING CITY CODE TITLE 12: ZONING REGULATIONS, ADOPTING UPDATED CITY CODE TITLE 12: ZONING REGULATIONS AND SUMMARY ORDINANCE FOR PUBLICATION - CITY OF ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council updating City Code Title 12: Zoning Regulations. City Planner Hellegers explained the Code is changing to be consistent with the Comprehensive Plan. He stated the amendments create new zoning districts and requirements within them. Mr. Hellegers reviewed the changes as presented in the staff report and previously discussed at Planning Commission Work Sessions. Regular Andover Planning and Zoning Commission Meeting Minutes – April 12, 2022 Page 2 Commissioner VanderLaan asked about the changes to Chapter 11: Shoreland Lots and how it evolved. Mr. Hellegers explained Shoreland Lots were one of the earlier districts and Title 13 – Chapter 4: Shoreland Management is more current and meets required standards. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:08 p.m. The motion carried by unanimous consent. No one appeared before the Commission. Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:09 p.m. The motion carried by unanimous consent. Commissioner Loehlein commended staff on the solution to in-home beauty salon/barber shops. Motion by Volkenant, seconded by Loehlein, to recommend approval of amendments to City Code Title 12: Zoning Regulations as presented in the Ordinance. Motion carried unanimously. PUBLIC HEARING: CONSIDER AMENDMENTS TO CITY CODE 4- 1- 2: PUBLIC NUISANCES ENUMERATED AND SUMMARY ORDINANCE FOR PUBLICATION - CITY OF ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council amendments to City Code 4-1-2: Public Nuisances Enumerated. Associate Planner Griffiths explained there were nuisances that were deleted in Title 12 and moved to City Code 4-1-2 where all other nuisance regulations are. He noted City Council and the Planning Commission reviewed changes at workshops. Mr. Griffiths stated a public hearing is not needed on this item, but for full transparency, staff are bringing it to the Commission and public. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:12 p.m. The motion carried by unanimous consent. No one appeared before the Commission. Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:12 p.m. The motion carried by unanimous consent. Commissioner Loehlein commented that the Planning Commission has reviewed these changes at previous workshops, and this is the opportunity for the public to comment on them. Regular Andover Planning and Zoning Commission Meeting Minutes – April 12, 2022 Page 3 Motion by Loehlein, seconded by VanderLaan, to recommend approval of amendments to City Code Title 4: Public Health and Safety, Chapter 1: Nuisances, Section 2: Public Nuisances Enumerated . Motion carried unanimously. PUBLIC HEARING: CONSIDER REZONING REQUEST - REZONE PROPERTIES FROM GR: GENERAL RECREATION TO R-4: SINGLE FAMILY URBAN - PARCEL ID NUMBERS 22-32-24-43-0004, 22-32-24-43-0005, 22-32-24-43- 0003, 22-32-24-43-0002 – CITY OF ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council regarding rezoning properties from GR: General Recreation to R-4: Single Family Urban. Associate Planner Griffiths stated the City needs to rezone properties due to the changes to zoning categories. He stated GR-General Recreation is being eliminated and was only used for the property called Sunshine Park. He stated the zoning change does not change the use of Sunshine Park. Chairperson Godfrey asked if Sunshine Park was acquired using the Park Dedication Fund. Mr. Griffiths stated Sunshine Park was not initially acquired using Park Dedication Funds, but investments have been made since then using Park Dedication Funds. Chairperson Godfrey stated her understanding is that once Park Dedication Fees are spent on a parcel, it can no longer be used for development. Mr. Griffiths stated it would be very difficult to justify the sale of a property in which Park Dedication Funds were invested. Commissioner Volkenant asked for clarification on why City Hall is a different color on the proposed zoning map. Mr. Griffiths stated the proposed zoning map is an administrative update and City Hall will be changed to a different color because it is not a park. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:19 p.m. The motion carried by unanimous consent. No one appeared before the Commission. Mr. Griffiths stated staff have received one written comment from Charles Bies, 1969 148th Avenue NW asking that Sunshine Park be zoned something other to be locked in as a park. Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:20 p.m. The motion carried by unanimous consent. Chairperson Godfrey asked if staff reached out to the resident to address their concern. Mr. Griffith stated staff did reach out. Regular Andover Planning and Zoning Commission Meeting Minutes – April 12, 2022 Page 4 Motion by VanderLaan, seconded by Loehlein, to recommend approval of rezoning from GR: General Recreation to R-4: Single Family Urban - Parcel ID Numbers 22-32-24-43- 0004, 22-32-24-43-0005, 22-32-24-43-0003, 22-32-24-43-0002. Motion carried unanimously. PUBLIC HEARING: CONSIDER REZONING REQUEST - REZONE PROPERTY FROM LB: LIMITED BUSINESS TO NB: NEIGHBORHOOD BUSINESS - PARCEL ID NUMBER 33-32-24-13-0005 - CITY OF ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council updating City Code Title 12: Zoning Regulations. Associate Planner Griffiths explained the LB: Limited Business zoning district is being eliminated and will rezone the one property to NB: Neighborhood Business. He stated it will match the surrounding properties and will not impact the operation of the current business. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:22 p.m. The motion carried by unanimous consent. No one appeared before the Commission. Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:22 p.m. The motion carried by unanimous consent. Motion by Hudson, seconded by VanderLaan, to recommend approval rezoning property from LB: Limited Business to NB: Neighborhood Business - Parcel ID Number 33-32- 24-13-0005. Motion carried unanimously. PUBLIC HEARING: CONSIDER REZONING REQUEST - REZONE PROPERTIES FROM R-5: MANUFACTURED HOUSING TO R-4: SINGLE FAMILY URBAN - PARCEL ID NUMBERS 30-32-24-41-0003 AND 29-32-24-32-0011 - CITY OF ANDOVER (APPLICANT) The Planning Commission is requested to hold a public hearing and make a recommendation to the City Council regarding rezoning properties from R-5: Manufactured Housing to R-4: Single Family Urban. Associate Planner Griffiths stated the City is eliminating the R-5 Zoning District and evaluated where the parcels should be rezoned to. He explained there are two properties without development opportunities and are protected wetland and flood plain. He stated they will be rezoned to R-4: Single Family Urban to match the surrounding area. Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:25 p.m. The motion carried by unanimous consent. No one appeared before the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes – April 12, 2022 Page 5 Mr. Griffiths stated the City received one written comment from Andrew Andrusko and neighbors, 4044 145th Ave NW, stating he is opposed to the request and asked the City to look at options to preserve the wetland. Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:26 p.m. The motion carried by unanimous consent. Commissioner Volkenant asked if staff reached out to the resident to address their concern. Mr. Griffith stated staff did reach out. Chairperson Godfrey asked if the City preserved the land as requested by the resident, the City would need to purchase the land. Mr. Griffiths stated the land is already largely protected due to it being wetland and flood plain. He stated if the City wanted to preserve it, the City would need to purchase the property or have the property donated. Motion by Loehlein, seconded by Hudson, to recommend approval of rezoning properties from R-5: Manufactured Housing To R-4: Single Family Urban - Parcel ID Numbers 30- 32-24-41-0003 And 29-32-24-32-0011. Motion carried unanimously. OTHER BUSINESS Associate Planner Griffiths stated the items on today’s agenda will be on the Council agenda on April 19. He updated the Commission on Council actions. He announced the next Planning and Zoning Commission meeting on April 26, 2022. Chairperson Godfrey stated the Commission has been through the Code revisions extensively through workshops. She stated she appreciates the responsiveness and hard work of staff to make the Code understandable and usable. ADJOURNMENT Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 7:30 p.m. Motion carried by unanimous consent. Respectfully Submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc.