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HomeMy WebLinkAbout09/09/2014AN66WA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda September 9, 2014 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — August 26,'2014 Regular Meeting 3. Public Hearint: Amend Conditional Use Permit — Used Vehicle Sales — 3138 162" Lane NW — John Buzick 4. Other Business 5. Adjournment L C I T Y 0 F A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — August 26, 2014 DATE: September 9, 2014 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the August 26, 2014 regularly scheduled meeting. PLANNING AND ZONING COMMISSION MEETING — AUGUST 26, 2014 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Holthus on August 26, 2014, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Holthus, Commissioners Timothy Cleven, Dean Daninger, Lynae Gudmundson, Bert Koehler IV, and Kyle Nemeth. Commissioners absent: Steve Peterson. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. August 11, 2014 Commissioner Gudmundson stated on page one under approval of minutes, the motion indicates she votes "ayes" when she actually voted "present." Commissioner Nemeth stated on the second page, fifth paragraph down, for clarification it should read "598 feet in length." Page three, fourth paragraph, fourth sentence in, clarifying "...with org their horses." Chairperson Holthus stated on page two, under the heading Public Hearing, third paragraph starts with Commission Nemeth, should read "...500 feet is the maximum that is usiially set up typical or designed." Motion by Daninger, seconded by Nemeth, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. PUBLIC HEARING: Consider Rezoning of 10.02 acres front R -1 Single Family Rural to R -4 Single Family Urban —14123 Prairie Road NW— TH Construction of Anoka. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on rezoning of 10.02 acres from R -1 Single Family Rural to R -4 Single Family Urban on 14123 Prairie Road NW. Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 2 City Planner Hanson reviewed the proposed rezoning with the Commission. Commissioner Koehler asked if the property owners were notified of the meeting in order to discuss this item. Ms. Hanson indicated they were. Motion by Daninger, seconded by Gudmundson, to open the public hearing at 7:05 p.m. Motion carried on a 6 -ayes, 0 -nays, I - absent (Peterson) vote. There was no public input. Motion by Daninger, seconded by Koehler, to close the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Motion by Nemeth, seconded by Daninger, to recommend to the City Council approval of the rezoning of 10.02 acre property from R -1, Single Family Rural to R -4, Single Family Urban for 14123 Prairie Road NW. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the September 2, 2014 City Council meeting. PUBLIC HEARING CONTINUED: Consider Preliminary Plat of the Carson Ridge Planner! Unit Development —18 Lot Single Family Urban Residential Development Located at 14123 Prairie Road NW — TH Construction of Anoka. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Preliminary Plat of the Carson Ridge Planned Unit Development. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. The public hearing remained open from the August 11, 2014 Planning Commission Meeting. There was no public input. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:09 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Daninger stated the Parks and Recreation Commission made a recommendation and he asked for clarification. Ms. Hanson indicated the Park and Recreation Commission made a recommendation for cash in lieu of land and they also made a recommendation for fencing and landscaping along both sides of the trail to be approved as part of the plat. She suggested the Planning Commission include this in their motion. Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 3 Chairperson Holthus asked if the fence will come out of the trail fees or park dedication fees. She wondered how the trail and fence will be paid for. Mr. Carlberg reviewed what the Parks and Recreation Commission discussed and stated it is not a park dedication issue but the Commission thought it was something appropriate that would be borne by the developer as an additional PUD requirement. He thought this was a recommendation of the Park and Recreation Commission for the Planning Commission to consider and maybe support. This would be a recommendation that would go to Council in addition to the park dedication requirement. Commissioner Gudmundson stated she has some concern with this PUD and did not think it fit well. She did not think it met City Ordinances and did not seem like the City was gaining anything from it. It seems like the residents around there bear the biggest burden. It would be her recommendation that this be reconfigured so the lots would meet the City requirements. Chairperson Holthus stated at the previous meeting there was a lot of public input regarding traffic and she noted she was out in that area and noticed how fast the cars travel on 140th Lane from Prairie Road. She stated she would like to consider a three way stop on 140th Lane and Ilex Street to slow the traffic down. Commissioner Cleven stated there are standards for traffic, sign locations, etc. and in looking at the map on 140th Lane, if there are people driving fast, that is mainly coming from the neighborhood and putting a stop sign there is not addressing the neighborhood speeding, they should have a traffic speed sign up for a while and have the Sheriff ticket some of them. He felt they should go by whatever the standards are for stop sign implementation rather than indicating traffic needed to be slowed down. Chairperson Holthus asked what the City standards are for stop signs. Mr. Carlberg stated there is a manual the engineers use to determine if a stop sign is warranted. In this case, you would not put a three way stop up at 140th Lane. It is something the Engineering Department could look at if recommended. He thought the speed of traffic and the safety of children are valid concerns however he thought saturation of the area by the Sheriff's Department might slow traffic down. Commissioner Koehler wondered if there were rules in place regarding yellow warning or children at play signs. Mr. Carlberg stated there could be and as this project moves forward there will actually be a signage plan put in place. Commissioner Koehler asked if there were things they could recommend to impact the traffic flow through there that do not contradict the manual in terms of laying out signage for traffic control. Mr. Carlberg did not believe so; the manual is what they rely on. Cormnissioner Gudmundson asked if there were concerns that by going forward with a PUD for this development they will be setting a precedent. Mr. Carlberg explained there were two approaches to looking at this development. One was to look at variances to the Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 4 lot depth, which occurred during the Council review and direction was given at that time to look at a PUD. The Council did not want to see variances given. The developer is now back with the development as a PUD as directed. He understood there were concerns by the Commission. The City is getting additional screening, plantings and buffering and Lot 6 will have additional plantings. The development is also planned to have higher value homes as indicated by the house plans that have been submitted. Chairperson Holthus asked the Commission if they were comfortable and agree with the Resolution with the addition of Item 7. Commissioner Daninger stated he was okay with the plat as it is with adding Item 7. One of the biggest concerns he has with PUD's is it is a give and take and he was a little concerned there was not enough being offered to the City being a PUD. Commissioner Nemeth stated he was comfortable with the motion adding Item 7 and he understood the concerns regarding traffic but agreed with Commission Cleven that it is most likely the neighborhood that is speeding through the area. Commissioner Gudmundson indicated she did not have anything further to say. Commissioner Koehler stated he was in favor of this but was also concerned about the give and take and did not feel there was enough given to the City. The additional information provided regarding the buffering along the trail is for the City and felt this is a concession by the developer. Regarding traffic, he thought they needed to use the tools at their disposal. Commissioner Cleven agreed with everything that has been said regarding this and will vote in favor of it. Motion by Nemeth, seconded by Daninger, to recommend to the City Council approval of the Preliminary Plat/Planned Unit Development (PUD) known as Carson Ridge, a Single - Family Urban Residential Development located at 14123 Prairie Road NW adding Item 7 that they require landscaping and fencing that abuts the trail. Commissioner Koehler asked if the Commission wanted to be more specific and add "landscaping and fencing along both sides of the trail." Commissioner Daninger thought they could word it "According to the Parks and Recreation Commission's Recommendation." There were no additional changes to the motion. Motion carried on a 5 -ayes, 1 -nay ( Gudmundson), 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the September 2, 2014 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 5 PUBLIC HEARING: Consider The Preliminary Plat of Winslow Woods 2nd Addition — An 18 Lot Single Family Urban Residential Development Located East of Hanson Boulevard, on 150'4 Lane NW— Tony Emmerich Construction. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Preliminary Plat of Winslow Woods 2nd Addition. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. Commissioner Gudmundson asked if Outlot A has been ghost platted. Ms. Hanson stated it has been and a sketch plan was brought to the City for review in March 2014. Commissioner Gudmundson asked where Wintergreen Street is located at. Ms. Hanson showed on the map where the street will be located at. Commissioner Gudmundson asked if Xeon Street will eventually go to 150`h Lane. Ms. Hanson stated it will and is something that has been discussed since the beginning and will continue during the next phases of development. Commissioner Koehler stated Xeon Street continues further south of the development and he wondered if there was a plan to bring Xeon Street past 150`" Lane and connect it back up to itself on the southern end. Ms. Hanson indicated that eventually the plan is to do that, as land to the south develops. Commissioner Nemeth stated the Coon Creek Watershed District had a meeting on August 25th, he wondered if there was anything from that meeting regarding this item. Mr. Carlberg indicated this item was not on that agenda. Commissioner Nemeth stated on the preliminary grading, drainage and erosion control plan, he wondered what `BOF" meant and asked for an explanation of the report. Mr. Larry Olson, representing the developer noted EOF stood for Emergency Over Flow. He stated if the outlets were to plug for some reason, ponds are not sized to handle that, the emergency over flow route is where the water can go to prevent flooding. Chairperson Holthus asked staff to review where the trail would go with the Commission. Ms. Hanson indicated it has not been figured out where the exact location would be but it would be somewhere on the eastern side of the plat. Chairperson Holthus asked where the underpass would be at the railroad track. Ms. Hanson indicated that has not been determined yet, Motion by Daninger, seconded by Nemeth, to open the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 6 Motion by Daninger, seconded by Cleven, to close the public hearing at 7:41 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Gudmundson asked what kind of homes will be built in this development. Ms. Hanson indicated the homes would be similar to what is already in the Winslow Hills Addition. Mr. Olson showed photos of some of the front elevations that will be built. He noted two story houses are selling the majority of the time. Chairperson Holthus asked what the price point is. Mr. Olson indicated it would be $400,000 to $450,000. Commissioner Gudmundson asked if the developer has talked to the land owner adjacent to this property about purchasing the property. Mr. Olson indicated they have a letter from the landowner to the south that they have no interest in selling the property. Motion by Daninger, seconded by Koehler, to recommend to the City Council approval of the Preliminary Plat for Winslow Woods 2 °a Addition as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the September 2, 2014 City Council meeting. PUBLIC HEARING: Consider the Preliminary Plat of White Pine Wilderness 2nd Addition — A 16 Lot Single Family Urban Residential Development Located at 1341 161St Avenue NW — Larry Emmerich. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Preliminary Plat of White Pine Wilderness 2 °d Addition. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. Commissioner Daninger wondered why the outlot is not being built upon in this development. Ms. Hanson thought the developer could better answer this question. Commissioner Daninger asked if there was a sketch plan on this item. Ms. Hanson stated there was not but believed there was a ghost plat of this area. Commissioner Daninger asked if anyone has discussed the existing house because the lot is so crooked. Ms. Hanson indicated the house will remain. Commissioner Daninger was not comfortable with that plat and house. Regular Andover Planning and Zoning Commission Meeting Minutes —A ugust 26, 2014 Page 7 Commissioner Gudmundson asked how far north the road was going over to Hanson from this plat. Mr. Carlberg indicated it was at least' /2 a mile. Commissioner Nemeth wondered if there will be parking for the trail that leads into the open space area. Ms. Hanson noted there will not be any park lot, just on street parking. Chairperson Holthus asked where the trail is located that provides access to the open space. Ms. Hanson showed on the map where the temporary trail is located. Chairperson Holthus asked if the current trail was temporary, where the permanent trail would go. Ms. Hanson explained where on the map the permanent trail will be located at. Motion by Nemeth, seconded by Gudmundson, to open the public hearing at 7:56 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Mr. Tim Richie, 16084 Yellowpine Street, stated there are a bunch of trees that he can see from his property and he wondered if they would remain. Mr. Carlberg indicated the trees Mr. Richie showed on the map are in the open space area and will remain. Mr. Larry Emmerich, representing L & K Emmerich, LLC, 1341 161" Avenue NW, Andover; was at the meeting to answer questions. Commissioner Daninger asked why they are not developing Outlot A. Mr. Emmerich stated they need to have the Army Corp of Engineers, Watersheds, etc. review and make decisions regarding that parcel in the development so they are moving ahead on developing the rest of the land with the outlot to be developed later upon approval of the different agencies. Commissioner Daninger asked if it was the developers plan to leave the existing house. Mr. Emmerich stated it was and has been his house for the past twenty years. Commissioner Daninger stated he was concerned with the angle of the property in comparison to the rest of the plats. Mr. Emmerich stated this home will not be removed and is real nice. There is approximately 150 feet in the front of the house before you get to the road and looks fine from the front of the home. Mr. Carlberg stated the lot this home is located on meets all of the requirements and is actually an acre in size, which is four times the standard City urban lot. Chairperson Holthus asked if this is the property seen when entering the open space area. Mr. Emmerich indicated it was the lone home. Commissioner Cleven noticed on the drawing where the driveway is shown, it indicates there is a septic system in place now and wondered if he was hooked up to City sewer. Mr. Emmerich stated when the sewer and streets are ready the home will be hooked up to the City sewer and the septic system will be removed. Regular Andover Planning and Zoning Commission Meeting Minutes — August 26, 2014 Page 8 Commissioner Koehler asked what the timeframe is to get the project started. Mr. Emmerich stated as soon as they get approval from the City Council they will start on the development. Motion by Daninger, seconded by Koehler, to close the public hearing at 8:01 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Cleven asked when a septic system is removed is there an inspection to make sure the soil condition is suitable. Mr. Carlberg stated the developer will work with the City Building Department on the removal of the tank to make sure it is done properly. Chairperson Holthus stated she liked the buffering between 161ST Avenue and the development and thought it was important because it is a pretty busy road. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the Preliminary Plat known as White Pine Wilderness 2nd Addition as written. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the September 2, 2014 City Council meeting. OTHER BUSINESS. Chairperson Holthus stated it was mentioned earlier that one of the developments was appropriate and in line with the Andover Comprehensive Plan and she would like to know what the major points are in the plan. She asked if they could schedule an optional meeting with staff to hear what is in the Comprehensive Plan. Mr. Carlberg stated they could do a work session to discuss this and make sure the Commission has paperwork for this meeting. The Commission thought that was a good idea. The Commission noted a work session will be held on September 9, 2014 at 6:00 p.m. Commissioner Cleven indicated he would like to see the ghost plat of the area north of Carson Ridge at the work session. Mr. Carlberg stated they will bring that to the work session. ADJOURNMENT. Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners Dave Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC HEARING: Amend Conditional Use Permit (14 -03) to allow for an increase in the number of used vehicle sales licenses from 5 to 7 for the property located at 3138 162 "d Lane NW. DATE: September 9, 2014 INTRODUCTION The applicant previously received approval of a conditional use permit for one used vehicles sales dealer on the subject property (see attached Resolution R055 -11). The applicant had one previous amendment to that permit to expand the parking area and to ultimately allow four additional used vehicle sales dealers. The applicant is seeking to amend the permit to allow for an additional two used vehicle sales dealers, bringing the total from five to seven allowed. DISCUSSION The proposed increase in used vehicle sales licenses requires a total of 10 stalls, either indoors or outdoors, that is large enough to display at least 5 vehicles, per Minnesota Statue 168.27. There is adequate parking space currently at the property to account for the additional two used vehicle sales dealers. There are currently a total of 57 parking stalls, including both inside and outside. There are currently four licensed used vehicle sales dealers located at the property. These include Carbucks, Crown Eagle Autos, Ryan's Autos, and Roadrunner Autos. There is currently one used vehicle sales dealer located at the property without the proper licensing through the City. There is a custom deck company located within the south building that will no longer be leasing from the property. Minnesota Statute 168.27 requires that all used vehicle sales dealers have an office that has a separate and identifiable entrance that leads to the outdoors. The two additional used vehicle sales dealers would be located in the south building, which has office space that is separated and have separate doors to the outdoors. Comparison to City Code As with all conditional use permits, the existing site must be compared with existing regulations to determine if there are deficiencies that need to be addressed. City Code 12 -13 -22 established interim performance standards for this industrial park (attached). These standards allow the city to review existing site conditions and the proposed use of the property to determine how the performance standards of City Code 12 -13 will be applied. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation to the City Council. Attachments Resolution Location Map R055 -11 R042 -12 City Code 3 -8 Vehicle Sales Businesses Site Plan Respectfu y submitted, Brett Angell Cc: Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AN INCREASE IN THE NUMBER OF USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has received approval of a conditional use permit to allow used vehicle sales on the subject property; and WHEREAS, Resolution R055 -11 limited the number of used vehicle sales licenses to one license and limited the number of vehicles that could be displayed on the subject property to five vehicles; and WHEREAS, Resolution R042 -12 limited the number of used vehicle sales licenses to five licenses and limited the number of vehicles that could be displayed on the subject property to twenty -five vehicles; and WHEREAS, the applicant has requested an amendment to the approved conditional use permit to allow for an additional two used vehicle sales licenses to be issued for the subject property; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall obtain approval of all additional vehicle sales licenses from the City Council as required by City Code 3 -8. 2. There shall be no more than seven used vehicle dealer licenses allowed for the property. 3. All vehicle sales dealers licensed to operate on the subject property shall comply with all state requirements for motor vehicle dealers. 4. All vehicle sales dealers shall be required to have at least five parking stalls for display, either indoors or outdoors. The display area is designated for the exclusive use of the dealership and is distinguished from any other business' inventory. 3 5. The hours of operation shall be limited to Monday through Saturday between the hours of 6:00 am and 9:00 pm. 6. Trash containers shall be screened, stored within an enclosure or stored inside a building as required by the City Code. 7. This resolution supersedes Resolution No. R042 -12 adopted by the City Council on April 17, 2012. Adopted by the City Council of the City of Andover on this th day of , 2014 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk 4 Michael R. Gamache, Mayor AK661YRSI Location Map 3153 31M 3106 M60 3026 N I63AD W N 163AD LN Zo e 16360 y, 3105 Y 16336 26 3260 1639D LN MW 3216 16311 3126 3100 . O K� O 3261 3149 3136 3135 3115 3103 MIS 3075 305S 3233 162ND W I62NO W 16223 316D 32M 3066 3133 3116 16101 16177 C IQ57 16130 3017 3121 LGIM 16125 16ISrAVE 161ST AVE LCDT3 3261 m m r c 0 16DM 3076 30 160TH LN Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and N are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, Ail Rights Reserved s Printed 09/0312014 Jb Sa -aq- a3 -UOa4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055 -11 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has requested approval of a conditional use permit for used vehicle sales on the subject property, and; WHEREAS, the Planning Comrission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Plarniing Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall be required to obtain approval of a vehicle sales business license from the City Council. 2. Vehicle display panting, customer parking and employee parking shall be provided to meet the requirements of the City Code. The parking area striping shall be painted to clearly define the parking stalls. 3. There shall be a maximrun five vehicles for sale at the property at any one time. 4. The hours of operation shall be limited to Monday through Saturday between the hourts of 6:00 am and 9:00 pm. Adopted by the City Council of the City of Andover on this 19th day of July, 2011. CITY OF ANDOVER .j ATTEST: Miolrael R. Gainache, Mayor Mic' belle Harmer, Deputy City Clerk i �o-3A -aL4- A3 --Daa4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R042 -12 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PARKING EXPANSION FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has received approval of a conditional use Pell-nit to allow used vehicle sales on the subject property; and WHEREAS, Resolution R055 -11 limited the number of used vehicle sales licenses to one license and limited the number of vehicles that could be displayed on the subject property to five vehicles; and WHEREAS, the applicant has requested an amendment to the approved conditional use permit for parking expansion to allow display of more vehicles for sale and the ability to seek additional vehicle sales licenses for the subject property; and WHEREAS the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recon ?.mendation of the Plamiing Corranission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall obtain approval of all additional vehicle sales licenses from the City Council as required by City Code 3 -8. 2. All vehicle sales dealers licensed to operate an the subject property shall comply with all state requirements for motor vehicle dealers. 3. The hours Of operation shall be limited. to Monday tlyough Saturday between the hours of 6:00 am and 9:00 pm. 4. The site plan and impl'ovements to the subject property shad conform to the drawing stamped received by the City of Andover April 6 2012 with the following exceptions; a. One additional stall shall be striped at the southwest corner of the front parking area, b. The sorldlerIy tv-venty feel of the dashed parking area shown a.clj,,jr to tit p e proosed ne�;,l drive lalle shall he eliminated. -ellt c. The new drive lane shall conform to the required ten foot setback from the east property line. d. The plan shall conform to the city's Storm Water Management Plan. e. The areas where vehicles may be displayed does not require standard size (10'x18') parking stalls as required by the City Code, 5. Any trees removed to allow future parking stalls shall be replaced. 6. 'Me areas of bare ground on the subject property shall be re- vegetated within 120 days of the completion of the parking lot and maintained with vegetative ground cover. 7. This resolution supersedes Resolution No, 8055 -11 adopted by the City Council on July 19, 2011. 8. Trash containers shall be screened, stored within an enclosure or stored inside a building as required by the City Code. Adopted by the City Council of the City of Andover on this 17`x' day of April, 2012, CITY OF ANDOVER ATTEST_ �I lichael R. Gamache, Mayor Mi helle Hamner, Deputy Y Cit Clerk CHAPTER VEHICLE SALES BUSINESS 3 -8 -1: Purpose and Intent 3 -8 -2: Definitions 3 -8 -3: License Required 3 -8 -4: Application for License 3 -8 -5: Review of Application; Issuance or Denial 3 -8 -6: License Fees and Term; Renewals 3 -8 -7: Conditions of License 3 -8 -8: Standards 3 -8 -9: Violation Provisions 3 -8 -10: Revocation of License 3 -8 -1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate vehicle sales to establish reasonable and uniform regulations to prevent adverse impacts on the health, safety, morals and general welfare of the citizens of the city. 3 -8 -2: DEFINITIONS: A. Gross Vehicle Weight Rating: The total weight of a fully equipped vehicle and payload including the amount of weight that can be carried and towed. B. Vehicle Sales: the sale of cars and trucks as limited by the City Code, excluding recreational vehicles. 3 -8 -3: LICENSE REQUIRED: No person shall engage in the business of selling, trading or advertising the sale of new or used vehicles within the city without first obtaining a license as provided in this Chapter. For the purposes of this chapter, anyone who, as a part of their livelihood, engages in the regular sale, trade or exchange of vehicles shall be deemed to be doing business as a new or used vehicle dealer. 3 -8 -4: APPLICATION FOR LICENSE: A. Information Required: Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk including the following: 1. Completed city application form 2. Fee as established by City Code. 3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist 3 -8 -5: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Clerk shall submit the application to the City Council for its consideration. The Council, by motion, may grant or refuse to grant the license after consideration of the application. 3 -8 -6: LICENSE FEES AND TERM; RENEWALS: The fee for every such license shall be established by resolution of the City Council. Every such license shall expire on December 31 next after it is issued. 3 -8 -7: CONDITIONS OF LICENSE: A. Transferability: The license shall not be transferable from one person to another, and a new license must be applied for each time a place of business is changed. B. Posting: Every such license shall be kept conspicuously posted in the place for which the license is issued and shall be exhibited to any person upon request. C. Inventory: Vehicles allowed to be sold or stored on site shall be limited to a vehicles that are eligible to be issued a title up to a gross vehicle weight rating of 12,500 pounds. D. Restrictions and Conditions: The Council may impose any conditions or restrictions it deems necessary or advisable in the public interest, including but not limited to the hours of operation, building materials, fencing, landscaping, screening, lighting and signage. E. Review: The Council may review the license at any time for the purpose of adding additional conditions to mitigate adverse impacts on the health, safety, morals and general welfare of the citizens of the city. 3 -8 -8: STANDARDS: The following standards are established for all businesses engaged in the selling, trading or advertising the sale of new or used vehicles within the city: A. Parking areas shall conform to the requirements of City Code 12 -13 -9. The Site Plan shall clearly identify parking for customers and parking for display of vehicles for sale. Parking shall be prohibited in drive lanes, on landscaped areas and any place other than approved on the site plan. B. All businesses engaged in the sales, trade or advertising the sale of new or used vehicles within the City limits shall conduct these activities only on properties for which they have been granted a license under this chapter. This provision shall not apply to promotional events and activities conducted outside the city limits. C. Vehicles that are visibly damaged shall not be visible from public streets and shall not be stored outdoors for more than 48 hours. D. Outdoor storage of vehicle parts or other materials, including but not limited to tires, scrap metal, glass, pallets and refuse shall be prohibited. E. Sales of used vehicle parts shall be prohibited. F. The dismantling or reduction of vehicles shall be prohibited. G. Signage shall conform to City Code 12 -13 -8 and shall be further restricted as follows: 1. All signs posted on vehicles shall be inside the vehicle. 2. No sign posted on vehicles shall contain text font or other information that is larger than three inches in height. H. The estimated value of improvements to the licensed property shall exceed the estimated land value of the licensed property as estimated by Anoka County. 3 -8 -9: VIOLATION PROVISIONS: Any person who shall violate, any portion of this chapter shall be guilty of a misdemeanor. 3 -8 -10: REVOCATION OF LICENSE: Every such license may be revoked by the Council after the license has been given reasonable notice and an opportunity to be heard for the violation of any provision of this chapter or for the violation of any conditions or restrictions in the motion granting the license or any motion thereafter passed by the Council. (Amended 4 -4 -06, Ord. 324) ?)�Q- to I .1C 1J! 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