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HomeMy WebLinkAbout12/08/20151685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV Andover Planning and Zoning Commission Meeting Agenda December 8, 2015 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes — November 10, 2015 Regular Meeting 3. Public Hearing: Rezone Property from M -2, Multiple Dwelling to NB, Neighborhood Business - 2604 138`h Avenue NW — City of Andover 4. Public Hearing: Variance for Parking Setback from Street — 13650 Hanson Boulevard NW — John Bell, Klodt, Inc. 5. Public Hearing: Conditional Use Permit for Retail Trade and Service - 13650 Hanson Boulevard NW — John Bell, Klodt, Inc. 6. Public Hearing: Conditional Use Permit for a Business with a Drive -thru Window - 13650 Hanson Boulevard NW — John Bell, Klodt, Inc. 7. Other Business 8. Adjournment 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: David L. Carlberg, Community Development Director SUBJECT: Approval of Minutes — November 10, 2015 Workshop and Regular Meetings DATE: December 8, 2015 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the November 10, 2015 workshop and regular meetings. PLANNING AND ZONING COMMISSION WORKSHOP MEETING NOVEMBER 10, 2015 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 10, 2015, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Lynae Gudmundson, Bert Koehler, Kyle Nemeth, and Jeff Sims. Commissioners absent: Tim Cleven, Steve Peterson Also present: Community Development Director Dave Carlberg Others DISCUSS A CCESSOR Y D WELLING UNITS Mr. Carlberg introduced Mr. Doug Determan, Andover resident and also the Deputy Building Official with the City of Minneapolis who made a presentation to the Planning Commission on accessory dwelling units (ADU) and the experiences the City of Minneapolis has encountered implementing ADU regulations. Mr. Carlberg asked what the pattern was in Minneapolis for the twenty approved ADU's. Mr. Determan stated part of the reason zoning wanted to get going on ADU is because the rental licensing department discovered illegal units and there was no pathway to make these legal. He noted some of the twenty approved ADU's have been illegal units for years. Mr. Determan stated the ADU has to be owner occupied but the other occupant of the other dwelling does not have to be family. It can be a rental situation and a choice the City of Minneapolis made. 800 square feet is the maximum size of the ADU unless it is attic space. Mr. Determan reviewed the regulations for ADU's in Minneapolis with the Commission and showed some photos of ADU's. Mr. Carlberg stated they will have to talk about if they want to start in the rural area of the City with detached units so they do not start getting into duplex type of housing units because once they have that then they start running into possible rental licensing issues. Chairperson Daninger thanked Mr. Determan for the presentation and thought it was interesting to see how a large city handles these types of units. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 10, 2015 Page 2 Mr. Carlberg reviewed some ADU regulations the Planning Commission might want to review. Chairperson Daninger asked why they are considering regulating ADU's. He thought it was in order to make sure they do not get illegal units or uncontrolled structures. Commissioner Nemeth agreed with Commissioner Gudmundson' previous statements regarding requiring a Conditional Use Permit (CUP) and having it come before them to get a CUP for the ADU's. This will allow the City to have some input in what is being built. Chairperson Daninger asked what is controlling this discussion. Mr. Carlberg stated this was driven by a question from a resident at Night to Unite and the Council's direction was instead of just guest houses where they can't have kitchen facilities, they should start looking accessory dwelling units to accommodate the return of the grandparents, parents or children to the home. There has been some interest from residents but the big picture is this is becoming a trend and they are seeing a lot of cities creating regulations in the past year and this is something that needs to be addressed. Commissioner Gudmundson stated from a research position there are several in Andover that are not legal at this time. Commissioner Nemeth thought it is also a matter of safety. He thought this was like the single family rentals and they will have to rely on people to be honest that they are building or improving a portion of their home and coming to the City for approval. Commissioner Gudmundson thought what Mr. Determan said about tiny houses is a good point and thought they should add the requirement of footings or a foundation. She indicated she did not have a problem with attached units but she thought maybe to help with the issue of becoming more like a duplex maybe they could do a percentage of the above grade part of the house. This might keep it accessory sized. She thought the ADU should be required to match the principal residence. The building codes are another thing that would need to be addressed. Commissioner Koehler asked what defined a kitchen. Mr. Carlberg thought it would be cooking facilities other than a microwave. Mr. Koehler stated if the kitchen is the defining factor, they need to define the kitchen. He did not think that the size of the dwelling should be limited because some couples may need more than one bedroom to live in. Commissioner Nemeth did not think the accessory dwelling should be regulated for related family members only because of the way relationships are today. Commissioner Koehler agreed. Chairperson Daninger thought the home needs to be owner occupied but agreed that the accessory dwelling would not need to be related to the owner of the property. Andover Planning and Zoning Commission Workshop Meeting Minutes — November 10, 2015 Page 3 Mr. Carlberg stated that it might be wise to have the accessory dwelling unit secure a rental license no matter who is living there. The Commission agreed on that. Commissioner Nemeth stated he did not want to box them in too much because of all of the different circumstance that could occur. Commissioner Koehler stated they could put limits on the number of people allowed to live in the accessory dwelling such as two per bedroom. The Commission discussed regulations and size of the dwelling accessory. Commissioner Gudmundson thought they should put a limit of one bedroom because the more bedrooms added makes it more advantageous of making it a rental and they do not necessarily want to go that way. Mr. Carlberg stated some cities did limit the ADU based on the square footage of the unit, but some allowed two bedrooms or a certain number of people to occupy the unit. Commissioner Nemeth stated another point he liked was having the ADU be a certain percentage of the actual primary residence footprint. He was leaning towards twenty -five percent. Mr. Carlberg thought if the Commission wanted to use a percentage of the unit, it should be based on the footprint of the livable portion of the residence otherwise the ADU could be quite large. Commissioner Nemeth stated he would like to see something regarding septic systems and having it certified to handle the additional space. Mr. Carlberg stated there are regulations regarding this as the septic design is based on the number of bedrooms. Mr. Carlberg stated staff will take the information and bring it forward to another worksession meeting in December. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 6:55 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleven, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — NOVEMBER 10, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on November 10, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth and Jeff Sims. Commissioners absent: Commissioners Timothy Cleven and Steve Peterson. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. October 27, 2015 Motion by Nemeth, seconded by Koehler, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 1- present (Gudmundson), 2- absent ( Cleven, Peterson) vote. PUBLIC HEARING: Rezoning R -1, Single Family Rural to R -4, Single Family Urban — Country Oaks North 2"d Addition — SW Land, LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the rezoning of property from R -1, Single Family Rural to R -4, Single Family Urban for Country Oaks North 2 ❑d Addition. City Planner Hanson reviewed the proposed rezoning with the Commission. Commissioner Gudmundson asked what is located to the west of the parcel and why didn't they rezone the entire parcel. Ms. Hanson stated the area is proposed to be a part of the development but they will be rural lots. Commissioner Sims asked who makes the determination regarding times and events changing. Ms. Hanson stated that was determined once the Comprehensive Plan Amendment was proposed and approved. What happened at that time was the municipal Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 2 services were extended to this area to allow for urban development. She stated the land use is guided for this and now it needs to be rezoned as well so it will match. Motion by Koehler, seconded by Gudmundson, to open the public hearing at 7:06 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote. Mr. James Selmer, 17000 Ward Lake Drive, stated when his sister and he sold the forty acres to the City of Andover they were going to have the entire forty acres as open space and now they have removed ten acres to be sold and built on with the residential homes plus sewer and water was brought onto the property and when they sold the property they did not get hardly anything compared to the ones that have sewer and water on them. He felt they were taken advantage of Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:09 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 0- absent (Cleven, Peterson) vote. Commissioner Gudmundson asked for a comment regarding the property being originally purchased for open space. Mr. Carlberg asked that the question be held until the preliminary plat item. Commissioner Koehler stated the Commission received an email regarding the rezoning and it seems that quite a bit of the email has to do with the platting than the rezoning but there were a couple of concerns that did appear to be more rezoning in terns of whether or not the land can sustain the amount of water draw and things like that if they were to rezone the land to a more denser area. He asked if there have been any studies or evidence that would bear out the land can withstand the amount of additional occupants on it in terms of aquifers and things like that. Mr. Carlberg stated there have been studies done in this area about the develop ability of this area. Mr. Carlberg reviewed the studies that have been done to show that the area can support a development that is being proposed and they should not see any of the concerns and issues that were brought up in the email. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of Rezoning R -1, Single Family Rural to R -4, Single Family Urban for Country Oaks North 2 "d Addition. Motion carried on a 4 -ayes, 1 -nays (Sims), 0- present, 0- absent (Cleven, Peterson) vote. City Planner Hanson stated that this item would be before the Council at the November 17, 2015 City Council meeting. PUBLIC HEARING: Preliminary Plat of the Planner! Unit Development — Country Oaks North 2nd Addition — SW Land, LLC Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 3 City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on the Preliminary Plat of Country Oaks North 2 "d Addition. City Planner Hanson reviewed the proposed Preliminary Plat with the Commission. Mr. Carlberg "addressed Mr. Selmer's question from the previous public hearing. He reviewed the purchase agreement that was made with Mr. Selmer by the City and reviewed the history of the area. Commissioner Gudmundson asked for clarification on what area will be included in the development and what part of the development will be in the MUSA. Ms. Hanson reviewed the areas with the development that will have individual septic and wells and which portions of the plat will have individual septic systems and the potential for City water. Commissioner Nemeth asked what is going to occur with outlot B, will that stay as is or will there be some development on it in the future. Ms. Hanson stated at this time it is there as the emergency access across the tracks to the east to Ward Lake Drive. They do not have an additional unit right now but could possibly be developed in the future if a sewer unit became available. Commissioner Nemeth stated currently the map shows Wintergreen Street ending at the north end of the plat and he wondered if there would be a cul -de -sac with anticipation of it being extended to the north. Ms. Hanson stated in the future it could be extended and there will be a sign at the end of the street noting that. Commissioner Nemeth stated there is currently a trail access planned from 167`h to Hanson and does Hanson have an actual trail or will there be an opportunity at some time for a trail to be along Hanson Boulevard. Ms. Hanson stated in the future there could be a trail. Commissioner Nemeth asked if there is a timeline on when a trail will be put on Hanson Boulevard. Ms. Hanson indicated there was not. Commissioner Sims asked how the MUSA line got determined to be placed where it is. Ms. Hanson stated that based on studies there is a certain amount of sewer connections available and that was what it was determined on. Commissioner Sims asked in the future if MUSA were to move to the north would the septic systems be in the way. Ms. Hanson indicated the MUSA will not be extended to the north in the future because the City is at their capacity for MUSA in this area of the City. Commissioner Sims asked if they had any one -acre lots in any other part of the City. Ms. Hanson stated they do in some older developments. Mr. Carlberg noted in the 1990's they did some planned unit developments with one acre lots. He stated the purpose of these lots in the proposed plat is to provide a transition from urban lots to rural lots. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 4 Commissioner Koehler stated in the email there were two main concerns in the platting and he thought for the most part they have been addressed. One of the concerns was the lack of recreational areas for youth and they do have a park built into this development. He stated another issue is with no services for the homeless, youth, disabled, and elderly in the development and he thought they considered these issues as a City as a whole and not by a unit -by -unit basis. He stated they do have senior citizen homes and services for the homeless and disabled. He wondered if there was anything in the email that has not been addressed. Mr. Carlberg stated there are a number of concerns in the email but he believed the concerns are addressed through the development. He did not think there was anything in the email that warrants a revision to this project or not doing this project. Commissioner Koehler agreed and thanked Ms. Aasness for sending a constructive letter. Chairperson Daninger stated on April 14, 2015 this was a sketch plan that came before them and then went onto the City Council and he asked what has changed in the sketch plan since then. Ms. Hanson indicated not much has changed. She showed the original sketch plan and indicated the plans are almost exactly the same. Motion by Koehler, seconded by Gudmundson, to open the public hearing at 7:47 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote. Mr. Selmer asked why this was changed from 2.5 acres to 1 acre if it is all going to be rural. Chairperson Daninger indicated this is a PUD and sometimes there is a give and take between the City and the developer. Mr. Scott Wold, SW Land, 3408 167th Lane, Andover, was at the meeting to answer questions. Commissioner Nemeth stated they received pictures of some of the homes that are going to be built and he wondered what the price points will be for them. Mr. Wold stated in Country Oaks North that has already been established and the average sales price started around $340,000 going up to the $500,000 range and that is what they are seeing now as they go into the estate style lots in this project. They are seeing the price of the lots and homes getting larger. The homes in the photos are going to be pushing the $600,000 range because of the larger lots and will be nicer homes. Commissioner Nemeth asked if the price point included the lots as well. Mr. Wold stated they did. Commissioner Nemeth stated in regards to the actual non -rural lots, will there be trees or plants on each of the lots. Mr. Wold stated City Ordinance requires them to put two trees on every lot and this will be done throughout the entire development. The nice thing about the rural lots is that every one of them is nicely wooded and will enhance themselves because of the resources already there. He stated they are not proposing i Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 5 anything additional at this time. They are landscaping on each individual lot in the development and spending above what is standard for residential developments. Ms. Hazel Blanchette, 1516 122 "d Avenue NE, Blaine, stated she delivers papers in Hugo and Blaine and she sees all of the huge houses and she wondered why they make the houses so big and why is one garage pushed back and the other one sticking out in front further. She thought it would be easier for the builder to make the garages even. Chairperson Daninger stated supply and demand drives the house size and how the house is designed and what people want. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:54 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote. Commissioner Koehler asked if there was a timeline from the developer on when this project would get started. Mr. Wold reviewed the timeline for the project with the Commission. Commissioner Sims stated it feels like they are changing the zoning to adhere to the developer and now they are adding a PUD, which changes the zoning again to adhere to the developer again. He wondered why an individual needs to stick to the rules laid out by the City but a developer does not need to and why can they dictate what the rules are. He noted he has been on the Commission for almost a year and it seems like most of the situations that comes through they are accommodating or twisting or bending the rules to adhere to the developer. He felt they need to step back and take a look at their rules and standards and question why they are not adhering to them. Commissioner Gudmundson stated in this case the MUSA is involved and that changes everything. Mr. Carlberg stated the City and staff does not bend the rules and they do not like to hear comments like that come out because everything that is done here is done under a process. He reviewed the processes that were followed and indicated the PUD allows flexibility and the developer has chosen to use a PUD to create some amenities and some transitional lots to buffer between urban and rural which was directed and desired by the City through this process. Everything they do is grounded in City Regulations and Code and can change. Commissioner Nemeth stated having been at the Andover Family Fun Fest he had some people come up to him and state they wanted larger lots but did not want 2.5 acre or forty acre lots and this fills some of the need. He stated the City is ever changing and as a Commission body they are to actually look and if there is an individual who has a need, they are welcome to submit an application and come before them to be heard and voted for or against the item. He thought this goes through a good process and the City will always be changing because the residents are coming and going and the City is growing. In order for them to continue to meet the needs of the residents they have to have new Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 6 development. He stated he kind of understands Commissioner Sims thought process but thought the City is ever changing and growing. Commissioner Koehler stated if there are hard and fast rules and a guidebook they should follow then the Commission is no longer needed. He stated these are tools and it is up to them as a Commission to use the tools to promote the City the way it benefits the citizens the most. Because someone chose a PUD, it is one tool and is up to them to evaluate that and make recommendations to City Council. They do not roll over for every developer that walks through the door and suggested Commissioner Sims look back further than a year through the minutes to see that. He stated he was in the same boat as Commissioner Sims when he first started and realized there are not just hard rules, but also tools for them to use. Chairperson Daninger stated times and conditions do change and if they did not address the changes they would still have junk yards and tires in Andover. He stated he has been on the Commission since 1998 and considered himself conservative and did not care who the applicant is. When Commissioner Sims used the words "rubber stamp ", he indicated he gets a little concerned with that because being conservative and saying the rest of the Commission is rubber stamping this, he disagreed with. He respects Commission Sims opinion because they all have their own opinions and can make their choice and can vote how they want. Commissioner Nemeth thanked City staff for all the hard work they do before the items get in front of the Commission. He did not think they rubber stamp anything and they made Walmart jump through hoops and made them go back and make changes. They do as a body make recommendations and make changes and do not approve whatever is in front of them without reviewing them. Commissioner Gudmundson stated she was comfortable with the one -acre lots that have the City water and need the sewer and thought it was a good transition. She stated she would be more comfortable if the five lots to the west that need all private utilities, were all 2.5 -acre lots. She was not sure why they would allow them to go below 2.5 acres there needing all private utilities and thought they could be configured where they could get three or four in there at 2.5 acres with a slightly larger park or something. Commissioner Koehler thought the lots were the sizes they are is because of the wetlands. The road had to be pushed up and there is no other easy way that he can see to make them smaller. The concern he had is what will happen when this develops to the north. It was noted the northern area is open space. Commissioner Koehler wondered what size is going to be matched around this development as they go forward. Commissioner Nemeth concurred with Commissioner Gudmundson but was hoping to see a few more one -acre lots because of the demand he has heard from individuals that came before him. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 7 Commissioner Sims stated he moved to Andover because of the rural areas in the City and he was not for changing the zoning from rural to urban. He stated he was not a fan of extreme growth. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Preliminary Plat of the Planned Unit Development of Country Oaks North 2 "d Addition with the following two changes: changing Condition #1 to read: a combination of park land dedication, cash dedication and trail dedication as recommended by the Park and Recreation Commission with final approval by City Council and adding Condition #11, exhibit C which are the home provided to the Commission. Motion carried on a 3- ayes, 2 -nays (Gudmundson, Sims), 0- present, 2- absent (Cleven, Peterson) vote. City Planner Hanson stated that this item would be before the Council at the November 17, 2015 City Council meeting. OTHER BUSINESS. a. Approve 2016 Meeting Schedule Motion by Nemeth, seconded by Koehler, to approve the 2016 Meeting Schedule. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote. Community Development Director Carlberg updated the Planning Commission. on related items. Commissioner Nemeth stated on the corner of Hanson and Bunker now has retail space for lease and wondered what is going into the space. Mr. Carlberg stated on the December agenda the Commission will have a number of applications related to that property. There is a proposal for a 13,000 square foot retail L- shaped strip center, which has the potential for two to three restaurants. There will be a CUP request for a drive - thru, a CUP request for retail trade and services. That corner is industrially zoned therefore a CUP is required for retail trade and services in that zoning district and then because of the larger right -of -ways along Hanson and Bunker, to make that project fit they will be asking for a variance to the parking setback requirement from the property line to make that fit to accommodate the uses being proposed. Commissioner Nemeth asked if it will need to be rezoned. Mr. Carlberg stated it will not need to be rezoned because they will accomplish everything needed to be done through the CUP process. ADJOURNMENT. Regular Andover Planning and Zoning Commission Meeting Minutes — November 10, 2015 Page 8 Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:22 p.m. Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. .ANL6 6 A Y -- - -- 1685 CROSSTOWN BOULEVARD - N.W. - *- ANDOVER -, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: David L. Carlberg, Community Development Director SUBJECT: PUBLIC HEARING: Rezoning From M -2, Multiple Dwelling to NB, Neighborhood Business — 2604 138`h Avenue NW — City of Andover DATE: December 8, 2015 INTRODUCTION The Planning and Zoning Commission is asked to review and approve the request to rezone the property located at 2604 138`h Avenue NW from M -2, Multiple Dwelling to NB, Neighborhood Business as requested by the City of Andover. DISCUSSION In November 2015, the Metropolitan Council and the City of Andover City Council approved a Comprehensive Plan Amendment (CPA) that changed the land use designation for the property from Urban Residential High Density (URH) to Neighborhood Commercial (NC). The adopted CPA allows for the parcel to be developed into commercial uses including office and day care uses. Attached is a map that shows the proposed rezoning boundaries and approved land use changes. As with all rezonings, the City shall find one of the two following findings that are provided by state statute: • The original zoning was in error. • The character of the area or times and conditions have changed to such an extent to warrant the rezoning. ACTION REQUESTED The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to City Council for the rezoning request subject to the findings of the attached ordinance amendment. Recommendation of approval may be based on the fact that the parcel is located within the MUSA, water and sewer is available to the property, and the request is in compliance with the Andover Comprehensive Plan. Attachments Ordinance Amendment Location Map Aerial Map Existing Zoning Map - Approved CPA -Map - Respectfully Submi ed, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE XXX AN ORDINANCE AMENDING CITY CODE TITLE 12 -3 -4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12 -3 -4, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone land from M -2, Multiple Dwelling to NB, Neighborhood Business shown on Exhibit A and legally described as follows: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 1536.0 feet 'Test from the Southeast corner of said South Half of the Northeast quarter; thence North at right angles to said South line a distance of 227.84 feet to the actual point of beginning of the tract of land to be hereby described; thence North 59 degrees 51 minutes West a distance of 240.58 feet to the center line of County State Aid Highway No. 18 as shown in Document No. 332891; thence North 30 degrees 37 minutes 55 seconds East along said center line a distance of 110.00 feet; thence South 59 degrees 51 minutes East a distance of 302.97 feet to a point on a line drawn at right angles to the South line of said South Half of the Northeast Quarter from a point on said South line distant 1426.0 feet West from the Southeast corner of said South Half of the Northeast Quarter, said point being 291.15 feet North as measured along said right angle line from said South line; thence South 60 degrees 04 minutes 50 seconds West a distance of 126.91 feet to the actual point of beginning. Subject to an easement for road purposes over the Northwesterly 50 feet thereof as measured at right angles to the center line of said County State Aid Highway No. 18. Except that part of the above described property lying Southeasterly of the following described line: Commencing .at the Southeast corner of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota; thence West, assumed bearing along the South line of said South Half of the Northeast Quarter a distance of 1536.00 feet; thence North at right angles to said South line, a distance of 227.84 feet to the point of beginning of said line; thence North 30 degrees 09 minutes 00 seconds East a distance of 109.99 feet to the Northerly line of the above described property and said line there terminating. 2) The finding for the rezoning is that the properties are located within the Metropolitan Urban Service Area. Times and conditions have changed. It is now appropriate to rezone the property from M -2, Multiple Dwelling to NB, Neighborhood Business. 3) All other sections of the Zoning Ordinance shall remain as written and adopted by ---the—City Council of the City ofA o� ver. Adopted by the City Council of the City of Andover on this 15`h day of December, 2015. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor Location Map - 2604 138th Ave NW AMDOVE R 2619 2605 2622 2601 13784 2539 A,E 13750 2600 2356 2542 13725 04 2703 oN 26211 2607 1 2537 2543 Comments Public Hearing Notification and Location of Proposed Rezoning Date Created: November 20, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. 2620 7 .3jrH 2 BUNKER LAKE BLVD NW BUNKER U —BUNKER LAKE BLVD NW 2732 i_ W" 1 2620 2620 fl Z • 1.308 1 L3657 Comments Public Hearing Notification and Location of Proposed Rezoning Date Created: November 20, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. 2620 7 .3jrH 2 BUNKER LAKE BLVD NW BUNKER U 1^ 1 0 00 (Jo cli ca 00 ra N c,U , � Cli N OF A Imp c'v s I l i h� 1 y � F.. -ploy �' ANDgyER 2646 2634 /2622 13784 13750 1 2705 2620 1:3694 136 Rezoning M-2 to NB 13821 1" \ 2619 2G(l i 13725 b U -1 26U! 26 2(.21 0607 BUNKER LAME BWO %W 2620 255fi 2542 2:) 1 25 13 Date Created: December 02, 2015 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. L I T Y h F ERJjk 7oq' o 0o/ l- H F- W W 3 N C W k Legend ® Land Use Change LAND USE O URL - Urban Residential Low URH - Urban Residential High LC - Limited Commercial NC - Neighborhood Commercial OS - Open Space Land Use Change of 1.57 acres from URH - Urban Residential High to NC - Neighborhood Commercial q�e 0 125 1 t G CO , A 13725 l - — t'_ r -.- __. 'A N 250 BUNKER LAKE BLVD 500 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Planning and Zoning Commissioners CC: Dave Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC HEARING: Consider a Variance to allow encroachments to the parking setbacks for the property located at 13650 Hanson Blvd NW. DATE: December 8, 2015 INTRODUCTION The applicant, John Bell of Klodt Incorporated, is requesting a variance to allow for an up to three foot encroachment into the north property line parking setback from a street and to allow encroachments up to 19 feet into the east property line parking setback from a street. City Code 12 -13 -8 requires parking areas to have a setback of 20 feet and a 20 foot setback from existing and future right -of -way. DISCUSSION The applicant is planning to build a new 13,000 square foot, one -story, multi -tenant commercial building at the location of the former gas station owned by Croix Oil Company, at the southwest corner of Bunker Lake Boulevard and Hanson Boulevard. The existing building would be tom down in order for the new building to be constructed. In order to allow for the current configuration of the proposed new building to work, parking encroachments would be needed for the front and side yards of the property. The proposed encroachment to the north parking setback that abuts Bunker Lake Boulevard would vary from slightly over one foot to almost three feet. This allows for the drive - through service lane on the south side of the property to stay ten feet from property lines and to be out of the drainage and utility easement area. The more aggressive encroachment would be to the east parking setback that abuts Hanson Boulevard. The applicant is seeking a 19 foot encroachment to this parking setback due to the nearly 100 foot wide Northern States Power Company (NSP) easement that exists from the subject property's east boundary to the curb line of the southbound Hanson Boulevard. The right -of -way area would act as a front yard to the property and fronts the primary building face. The property appears to be rectangular in shape, but upon a survey conducted of the site, the property actually has a slight skew. The slight skew is the reason for the slight variations in the encroachments into the parking area. The skew also impacts the proposed building due to the dimension being lost due to placing square construction on an un- square parcel. The county road frontages on both the north and east sides of the property each require a 50 -foot building front yard setback. When taken into account with the NSP easement listed above and other utility easements, only 37% of the site is eligible for a building placement. The proposed site will have 84 parking stalls, with the majority of the spaces on the north and east side of the property. The parking encroachments will allow the building dimensions needed and the additional parking stalls that ensure enough spaces for the proposed use. The proposed building also has plans for a minimum of nine foot sidewalks on the north and east sides of the building. This sidewalk width allows for proper walkways for pedestrians and allows for additional landscaping areas along the building. Comparison to Nearby Properties In 2009, the Andover City Council approved a similar variance to allow for a 10 foot encroachment into the north parking setback area for the Kwik Trip gas station, located at 1786 Bunker Lake Blvd NW. The proposed variance would create a similar parking and pavement setback as compared to Kwik Trip and Grouse Street. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing, compare the variance request with the review criteria of City Code 12 -14 -7 and make a recommendation of approval or denial based on fact of findings to the City Council. Respectfully submitted, Brett Angell Associate Planner Attachments Resolutions Location Map Aerial Map Applicant's Letter City Code 12 -14 -7 Site Plan Cc: John Bell, Klodt Incorporated, 50 Groveland Terrence, Suite A, Minneapolis, MN 55403 CITY OF ANDOVER COUNTY OF ANOKA — — -STATE OF- MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 13650 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS FOLLOWS: LOT 4, BLOCK 1, PANKONIN ADDITION, EXCEPT THE WEST ONE HUNDRED FORTY - EIGHT (148) FEET AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 4, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA; AND THAT PART OF THE VACATED SERVICE ROAD ACCRUING THERETO; EXCEPT THAT PART OF THE PROPERTY TAKEN FOR GROUSE STREET NW AS DESCRIBED IN COUNTY DOCUMENT NUMBER 290262. WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed the request for a variance from City Code 12 -13 -8 to allow a three (3) foot encroachment to the north parking setback and a nineteen (19) foot encroachment to the east parking setback; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission; and WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; and WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies; and WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance; and WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality. There will be no changes to the property that will create visual differences that don't already exist in the area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow for a three (3) foot encroachment to the north parking setback and a nineteen (19) foot encroachment to east parking setback based upon the findings in this resolution and with the following condition: 1. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this _th day of , 2015. CITY OF ANDOVER ATTEST: Julie Trude, Mayor__ Michelle Hartner, Deputy City Clerk Location Map N AN f,, ER + i "o _ m K CY )E O 0 2 O N Z LVO NW a BUNKER LAKE BLVD NW = 1 1653 2 > m _ O S O V ? 3 y^ 2 W p OJS � VP m 2 a�� O E> 2 S POV = V Comments 13650 Hanson Blvd NW Date Created: December 01, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. Aerial Map �C N/ 1 3h? I Comments 13650 Hanson Blvd NW County Air Photo 2014 AerialNW AerialSW Date Created: December 01, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. Variance Request For RECEIVED NOV 2 2015 CITY OF ANDOVER 13650 Hanson Boulevard North West, Andover, Minnesota This Variance Request is accompanied by a Conditional Use Permit Request for a new 13,000 square foot, one story, multi- tenant commercial building that is proposed to be developed at the site of the former Croix Oil at the southwest corner of Bunker Lake and Hanson Boulevards. Refer to the Conditional Use Permit Request for a general description of the proposed development. The variance request is for parking encroachments into front yard setbacks along the north property line that abuts Bunker Lake Blvd, and the east property line that abuts Hanson Blvd. The "practical difficulties" of this site are as follows: 1. The biggest issue to overcome on the site is the 90' wide Northern States Power Company easement that consumes the western third of the site. The enormous overhead lines demand that no structure is constructed within the easement area. 2. The county road frontages on both the north and east sides of the property each require a 50' building front yard setback. These setbacks alone, may not be onerous, but when taken with the NSP easement mentioned in point 1 above and other utility easements, only 37% of the site is eligible for building placement. 3. At a glance, the site appears to be rectangular, but a survey reveals that it is skewed, and over the length of a given property line, dimension is lost due to placing square construction on an un- square lot. 4. To preserve a direct access to Anoka County Road 116, aka Bunker Lake Blvd, the existing curb cut to that road will not be altered. It is a positive to the site that it exists, but it also represents a dictating point of design when developing the site. It is where it is, and there it will stay. This can also be extended to the two other curbs cuts that will be utilized, to a lesser extent. 5. The Property is zoned Industrial, and while our proposed uses would be permitted in other commercial or retail zoning districts, the property to the south of the site is a mini- storage facility that has a very hard and uninviting appearance. The property line is bound by a high chain link fence with a barbed wire topping reaching out towards the subject property. This is a site that we want to screen and face away from. The practical difficulty points listed above were driving points in the design of the site plan submitted for the CUP and this variance request. The building is pushed up to the NSP Easement on the west. It was faced outward toward Hanson Blvd and Bunker Lake Blvd, turning its service side towards the Industrial Zoned property to the south and southwest. When parking is added to the front sides of the building, both the east -west dimension from the NSP easement to the east property line, and the north- south dimension from each yard setback, both parking encroachments are critical. I Ili 1 2 2015 Addressing the specific "Review Criteria" of section 12 -14 -7 B follows: CITY CAF ANDOVER 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. The parking lot encroachment into the north 20' front yard is slight. It varies from 1' -2" to the west to 2' -30" to the east. This small encroachment will not be in conflict with the general intent of the Code. The more aggressive encroachment into the east 20' front yard setback is offset by the nearly 100' wide right of way that exists from the subject property east boundary, to the curb line of south bound Hanson Blvd. This grassy, broad expanse acts as the front yard to the property and fronts the primary building face. The Comprehensive Plan specifically calls out Bunker Lake Blvd. and Hanson Blvd as Commercial Corridors where this type of development should occur. 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of variances, means: a. The property owner proposes to use the property in a reasonable manner not permitted by official control. The subject property is inherently a prime commercial corner with good access and visibility to two high vehicle count county roads. The building proposed, with bay sizes desirable for commercial leasing, covers only 18.1% of the parcel. The parking encroachments will allow the building dimensions needed and additional parking stalls that ensure that the end use works well. b. The plight of the landowner is due to circumstances unique to the property, not created by the landowner. None of the properties practical difficulties were created by the property owner or applicant. All are inherent to the property. c. The variance, if granted, will not alter the essential character of the locality. This site has been a commercial corner for decades. The improvements proposed will enhance the immediate area and add to the vitality of the community. d. Economic considerations alone do not constitute practical difficulties. The practical difficulties listed above are not alone economic. The commercial leasing market does demand certain criteria in terms of bay sizes, parking requirements, functionality, and access, among others. All new developments need to meet a threshold of economic feasibility. This Variance Request and the Conditional Use Permit that is simultaneously being applied for, ensure the success of the site development. Please approve this Variance Request. 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on non conformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. 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NO. 78) mU � � s T b p ;�� a > 050 W m p€ �l w £- `� pq A + O o � Z A cf) D W oho g C n p �° N= 0-1 MX p�� m O--1 °p= C:> SRI -0> �z> z Z cmnz> c—I r'1 ^ m C!) z —i-m �°o m �C fi a o v Z z Z O W r Apo Z o G a ►! �4 Na r 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN,GOV TO: Planning and Zoning Commissioners CC: Dave Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit (15 -05) to allow retail trade and service at 13650 Hanson Boulevard NW. DATE: December 8, 2015 INTRODUCTION The applicant, John Bell of Klodt Incorporated, is requesting a conditional use permit to allow for retail trade and service at 13650 Hanson Boulevard NW. City Code 12 -12 requires a conditional use permit for retail and service in the Industrial zoning district. DISCUSSION The applicant is planning to build a new 13,000 square foot, one story, multi- tenant commercial building at the location of the former gas station owned by Croix Oil at the southwest corner of Bunker Lake Boulevard and Hanson Boulevard. Other permitted uses, such as restaurants are also anticipated to occupy space within the new building. The new building will have an "L" shaped configuration with the front sides of the building facing Hanson Boulevard and Bunker Lake Boulevard. To access the site, the applicant proposes to utilize three of the existing curb cuts. Customer parking will mostly be located on the north side and east side of the site. The southeast corner of the site will have a trash enclosure, loading and delivery areas, utility service area, business access points and employee parking. Exterior finishes of the proposed building will be of brick masonry and storefront glass, with accents of stucco and prefinished metals. Comprehensive Plan Comparison The Comprehensive Plan lists Bunker Lake Boulevard and Hanson Boulevard as Commercial Corridors. The proposed development is consistent with this designation. Conditional Use Permit Criteria City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values ofproperty and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. ACTION REQUESTED The Planning Commission is asked to hold a public hearing, review the proposed conditional use permit application and make a recommendation to the City Council. Respectful ubmitted, Bret Angell Associate Planner Attachments Resolution Location Map Letter from the Applicant Site Plan Cc: John Bell, Klodt Incorporated, 50 Groveland Terrence, Suite A, Minneapolis, MN 55403 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF JOHN BELL, KLODT INCORPORATED, FOR RETAIL TRADE AND SERVICES TO BE ALLOWED AT 13650 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: LOT 4, BLOCK 1, PANKONIN ADDITION, EXCEPT THE WEST ONE HUNDRED FORTY - EIGHT (148) FEET AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 4, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA; AND THAT PART OF THE VACATED SERVICE ROAD ACCRUING THERETO; EXCEPT THAT PART OF THE PROPERTY TAKEN FOR GROUSE STREET NW AS DESCRIBED IN COUNTY DOCUMENT NUMBER 290262. WHEREAS, John Bell, Klodt Incorporated, has requested a conditional use permit for a retail trade and services on the subject property; and WHEREAS, City Code 12 -12 requires a conditional use permit for retail trade and service in the industrial zoning district; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a retail trade and service on said property. Adopted by the City Council of the City of Andover on this—day of , 2015. CITY OF ANDOVER ATTEST: Julie Trude, Mayor Michelle Hartner, Deputy City Clerk Location Map N IANI OVE z 0 z • m r O 2 f [P l; 3 z a J m z N LVD NW a BUNKER LAKE BLVD NW _ 13650 3 z v J 3 O N t Z a z 0 u r3 3 N z 4 OJS > (,a m S JSt R v Comments 13650 Hanson Blvd NW Date Created: December 01, 2015 Disclaimer.- This is a disclaimer. Don't use this map irresponsibly. RECEIVED Conditional Use Permit Request l' 17 2 1u1 5 For CI 1 Y OF ANDOVER 13650 Hanson Boulevard North West, Andover, Minnesota A Conditional Use Permit is being requested for a new 13,000 square foot, one story, multi- tenant commercial building that is proposed to be developed at the site of the former Croix Oil at the southwest corner of Bunker Lake and Hanson Boulevards. The Conditional Use Permit is specifically to allow the following: 1. Retail and Service uses; and 2. Businesses with a drive through service window. Other permitted uses, such as restaurants, are also anticipated.to occupy the building. The new building will have an "L" shaped configuration with the long front sides of the building facing Bunker Lake Blvd. and Hanson Blvd. Primary customer parking will be on the east, north, and west sides of the building. The south side of the building, that abuts other Industrial zoned property, will have a drive — through pick -up lane. The southeast corner of the site will have employee parking, loading and delivery areas, enclosed trash storage, utility service areas and access points. Access to the site will be by three of four existing curb cuts. The north curb cut to Grouse Street NW will be abandoned and the curb cut to the Hanson Blvd Service Road, in the southwest corner will be reworked in the same general area. The site plan shows 85 parking stalls and 12,600 square feet of leasable space, for a parking ratio of 6.74 parking stalls per 1000 Square Feet, or 1 stall per 148 Square feet of leasable space. Exterior finishes will be of high quality, primarily brick masonry and storefront glass, with accents of stucco and prefinished metals. The storm water management plan will include below —grade retention and infiltration and will likely utilize the existing pond and outlet structure that exists in the northwest corner of the site. 3 n �Zm �Zm DDc DOS mop mop ��7r= ��c ��� ��'° morn 2X7 2:X Z�Z r D m D m G) D T ° O °o� °oc X�> m > 0 r O D T —i Z CO J� G) .P N p� L °. _ N > 0 i Nm �Cn 00 ��CA Z 03 Cn � O 0 0 co 0 0 W CO T X Cl) �% I cl) o D mm fp r � -- -- - - -- i � l i i GROUSE STREET NW N00 °2 .. io- - - - -- - -- ----------- ------ T m -I - - -- - ---- ---- - - - - -- c c X m D z °- Z�A O O� IZiom mZm Y° y C cn0 :U co Z O 7. C Z I Z G) O u m d COz / a I ccX no +�Ucn _ ------- - - - - -- - - -- - -- I 65 a) I � i v G) ie.ia O I cn _ _ _ _ _ _ _ G) m m W o O in e Ca cm _ _�_ C4 N m' � m = ui _�� N - II o �a " oZ ���—�7yU9I V II F -i W ad BaU p T. Z c°n II II I cn Z M caM II H I n� w 1 05. o II U II 145 II 1 J� � bL4 J C) raft @._p. N m cn Cl) n 0 � DX OO $ mCO vS� Cl) m 17'-2li2' r 0 z IT 0- m ira' C) -- to TY EASEM NF'�� � 0 A S00 027'37 "W 254.53 Z �A pm m X m rn HANSON BLVD N.W. O(C.S.A.H. NO. 78) na 8� o o= 050 a, m w ". o zn F _ p m� °<° 8 plc o A ;-I D m o-mi ° <o= cy-° �m �D "' D mZD s �� D m Z O —I m Rs m C o N Z r = g Z p a .y & i s Z 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners CC: Dave Carlberg, Community Development Director I FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit (15 -06) for a business with a drive - through window at 13650 Hanson Boulevard NW. DATE: December 8, 2015 INTRODUCTION The applicant, John Bell of Klodt Incorporated, is requesting a conditional use permit to allow for businesses with a drive - through service window at 13650 Hanson Boulevard NW. City Code 12 -12 requires a conditional use permit for a business with a drive- through window in the Industrial zoning district. DISCUSSION The applicant is planning to build a new 13,000 square foot, one story, multi- tenant commercial building at the location of the former gas station owned by Croix Oil at the southwest corner of Bunker Lake Boulevard and Hanson Boulevard. The new building will have an "L" shaped configuration with the front sides of the building facing Hanson Boulevard and Bunker Lake Boulevard. The south side of the proposed building, which abuts an industrial zoned property, will have a drive - through pick -up lane. The proposed drive - through lane with be twelve feet (12') in width. The drive lane will be setback ten feet (10') from the south property line, which meets the City Code requirement. Access and stacking for the proposed drive- through would be on the southwest side of the building with the order board and window on the south side. The proposed use of the drive - through is for a restaurant/caf6, which is a permitted used in the Industrial zoning district. Conditional Use Permit Criteria City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values ofproperty and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. ACTION REQUESTED The Planning Commission is asked to hold a public hearing, review the proposed conditional use permit application and make a recommendation to the City Council. Respectfully submitted, Bret Angell Associate Planner Attachments Resolution Location Map Letter from the Applicant Site Plan Cc: John Bell, Klodt Incorporated, 50 Groveland Terrence, Suite A, Minneapolis, MN 55403 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF JOHN BELL, KLODT INCORPORATED, FOR A BUSINESS WITH A DRIVE THROUGH WINDOW LOCATED AT 13650 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: LOT 4, BLOCK 1, PANKONIN ADDITION, EXCEPT THE WEST ONE HUNDRED FORTY - EIGHT (148) FEET AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID LOT 4, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA; AND THAT PART OF THE VACATED SERVICE ROAD ACCRUING THERETO; EXCEPT THAT PART OF THE PROPERTY TAKEN FOR GROUSE STREET NW AS DESCRIBED IN COUNTY DOCUMENT NUMBER 290262. WHEREAS, John Bell, Klodt Incorporated, has requested a conditional use permit for a business with a drive- through window on the subject property; and WHEREAS, City Code 12 -12 requires a conditional use permit for businesses with drive - through windows; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a business with a drive- through window on said property. Adopted by the City Council of the City of Andover on this—day of , 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Location Map N ANI Z +. z m o z cn 7e z z c J m z LVD NW BUNKEq LAKE BLVD NW _ 13650 3 z v J z a e a z a 0 N z SW Q OJ � U� m 4�� O JSES Q p0 S U Comments 13650 Hanson Blvd NW Date Created: December 01, 2015 Disclaimer: This is a disclaimer. Don't use this map irresponsibly. Conditional Use Permit Request 2 2015 For CITY OF ANDOVER 13650 Hanson Boulevard North West, Andover, Minnesota A Conditional Use Permit is being requested for a new 13,000 square foot, one story, multi - tenant commercial building that is proposed to be developed at the site of the former Croix Oil at the southwest corner of Bunker Lake and Hanson Boulevards. The Conditional Use Permit is specifically to allow the following: 1. Retail and Service uses; and 2. Businesses with a drive through service window. Other permitted uses, such as restaurants, are also anticipated.to occupy the building. The new building will have an "L" shaped configuration with the long front sides of the building facing Bunker Lake Blvd. and Hanson Blvd. Primary customer parking will be on the east, north, and west sides of the building. The south side of the building, that abuts other Industrial zoned property, will have a drive — through pick -up lane. The southeast corner of the site will have employee parking, loading and delivery areas, enclosed trash storage, utility service areas and access points. Access to the site will be by three of four existing curb cuts. The north curb cut to Grouse Street NW will be abandoned and the curb cut to the Hanson Blvd Service Road, in the southwest corner will be reworked in the same general area. The site plan shows 85 parking stalls and 12,600 square feet of leasable space, for a parking ratio of 6.74 parking stalls per 1000 Square Feet, or 1 stall per 148 Square feet of leasable space. Exterior finishes will be of high quality, primarily brick masonry and storefront glass, with accents of stucco and prefinished metals. The storm water management plan will include below —grade retention and infiltration and will likely utilize the existing pond and outlet structure that exists in the northwest corner of the site. 3 Z X Z cnXp U)X D = X D = m �o Om> -o 00 Om � � E -j cn =-4Z Z-") m 0 c r= 0 Z m -1 W D n -0 C-� DDC � �o Z--4 Z Or> O >CO� m O D � � N ' N °o � n -0 N >O m0 r •• N m Cn m n jZD 07 _ co U1 -14 C: O I! X U) 1 m-nA r / - -- ------ - --------- - - -- � 1 i GROUSE STREET NW i 0 OA D m m O m m (C.S.A,H. NO. 78) CI ;0 (p 03 i �m o� A m O A O ,m o, m O Yryn � •,,. z gip' 050 mm �' D 3 g mac o r A z �_ N 0� D p m�C7 oro _ o� m O-m-i -�D <0 � ' C: � ►a � �m -o � �z> m z oC '— *czi) -v'imo ru lD o o