HomeMy WebLinkAbout11.12.191685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
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Andover Planning and Zoning Commission
Meeting Agenda
November 12th, 2019
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — October 8, 2019 Regular Meeting
4. Public Hearing: To consider city code amendments to the following sections of
Title 12 Zoning Regulations: Section 12-2-2 add definition for an Impound Lot;
Section 12-12 update permitted, conditional and prohibited uses; Section 12-16-4
add requirements for Impound Lots.
5. Other Business
6. Adjournment
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Approval of Minutes — October 8, 2019 Regular Meeting Minutes
DATE: November 12, 2019
REQUEST
The Planning and Zoning Commission is requested to approve the October 8, 2019 regular
meeting minutes.
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8 PLANNING AND ZONING COMMISSIONMEETING — OCTOBER 8, 2019
9
10 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
11 called to order by Chairperson Bert Koehler IV on October 8, 2019, 7:00 p.m., at the
12 Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
13
14 Commissioners present: Dean Daninger, Karen Godfrey, Scott Hudson, Nick
15 Loehlein, Jeff Sims, and Mary VanderLaan
16
17 Commissioners absent: None
18
19 Also present: Community Development Director Joe Janish
20 Associate Planner Jake Griffiths
21 Others
22
23
24 PLEDGE OF ALLEGIANCE
25
26 APPROVAL OFMINUTES
27
28 September 10, 2019 Regular Minutes: Correct as written.
29
30 Motion by Loehlein, seconded by Godfrey, to approve the minutes as presented. Motion
31 carried on a 5 -ayes, 0 -nays, 2 -present (Koehler, Sims) vote.
32
33 PUBLIC HEARING: Conditional Use Permit (CUP) — Interim Performance Standards
34 and Exterior Storage — 3098 162nd Lane NW — Best Outdoor Services Inc./ Tom
35 Rossmeisl
36
37 Associate Planner Griffiths, referencing a Site Location map, oriented the subject property
38 and stated the applicant is proposing to lease the eastern half of the property to a towing
39 company for the short-term storage of vehicles. As part of the change in use, the applicant
40 is required to bring their site up to the standards of the City Code. Therefore, the applicant
41 is requesting Interim Performance Standards (IPS) to bring the property close to
42 compliance to City Code as is allowed in the Hughes/Westview Industrial Park area. The
43 applicant is proposing additional screening for the exterior storage and has plans for
44 expanding and exceeding the requirements in their proposed five-year plan. The applicant
45 is a landscaping company in Andover that purchased the property to house their
46 landscaping company. He referenced photographs and a map to show the building they use
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 2
1 and stated the applicant is proposing to lease the eastern half of the property for the parking
2 of vehicles. The applicant has proposed a six-foot chain-link fence with slats for screening
3 to prevent views of the area from the public street or adjacent residential properties. The
4 applicant also proposed to do significant landscaping of the area. Using photographs, he
5 referenced an existing four -foot chain-link fence which would remain, and stated the
6 applicant would also like to make additional improvements to the site as part of IPS. The
7 applicant is requesting to keep the site basically as -is (the surface will remain Class 5
8 gravel) and then installing some curb stops along the north side for customer parking.
9 Parking on the north half is not possible due to drive lane requirements, and the parking
10 locations will be ironed out during the commercial site plan process.
11
12 Associate Planner Griffiths cited City Code 12-13-3, which indicates any property that has
13 exterior storage outside of a residential district is required to obtain a CUP if it appears
14 detrimental to a number of conditions: if it is demonstrated that such storage is a hazard to
15 the public health, safety, general welfare, morals, or has a depreciating effect on nearby
16 property values. In the past the council has required a CUP for exterior storage as is being
17 proposed in the application. City Code 12-13-22 states the purpose of IPS is to get the
18 properties within the Hughes/Westview Industrial Park up to a level not quite to City Code
19 but close until such time when city sewer and water is extended. He referenced a diagram
20 the applicants provided to show what the site will look like when improvements are
21 completed in the one-year plan, after installing the curb stops and six-foot fence, keeping
22 the existing four -foot fence, and adding vegetation. He referenced diagrams showing
23 proposed improvements in the five-year plan, including seeding the northern part of the
24 property, paving the customer parking area, removing the four -foot chain-link fence,
25 adding signage, and other improvements beyond what is required.
26
27 Associate Planner Griffiths stated the City Council, when granting a CUP, shall consider
28 the advice and recommendations of the Planning and Zoning Commission and review the
29 criteria and also consider: 1) The effect of the proposed use upon the health, safety, morals,
30 and general welfare of occupants in the surrounding land. The applicant is proposing
31 screening and other security measures to make sure adjacent residential and industrial uses
32 are not impacted by the plan. 2) Existing and anticipated traffic conditions. There will be
33 traffic concerns caused by people picking up their vehicles that have been towed, but it is
34 not anticipated those concerns will be larger than other adjacent industrial or commercial
35 uses in the area. 3) The effect on property values and scenic view in the surrounding area,
36 and the proposed use on the Comprehensive Plan. The applicant is proposing screening to
37 prevent views of almost all of the exterior storage as well as improvements to the site
38 greater than as it currently exists. The criteria for IPS includes: 1) The existing appearance
39 of the building and site. The applicant is proposing screening, curb stops, and several kinds
40 of landscaping. 2) Compatibility of the proposed site development plan with the other
41 industrial properties in the area. A lot of the sites in the area have Class 5 gravel; nothing
42 being proposed is outside of the realm of the properties in the Hughes/Westview Industrial
43 Park area. 3) Effect of the proposed use and the proposed site development plan on the
44 adjacent residential neighborhood. The proposed plan includes screening from the public
45 street and adjacent residential properties. The applicant indicated the vehicle area would
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 3
1 be open from 9 am - 4 pm Monday through Friday and on weekends from 1 pm - 3 pm for
2 customers to pick up their vehicles only by paying for their vehicle at the landscaping
3 company. Vehicles will be towed to the area only during those times. The Andover Review
4 Committee reviewed the proposal and did not submit any comments, positive or negative,
5 related to the application. Associate Planner Griffiths stated both he and the applicant, who
6 was in the audience, were available to answer any questions.
7
8 Commissioner VanderLaan suggested changing verbiage to say traffic will occur "mostly"
9 during hours of operation as opposed to "only" during hours of operation to use less
10 restrictive language. Community Development Director Janish stated the understanding is
11 vehicles will be brought to the site during business hours; the renter of the property has
12 another location where vehicles will be stored for an initial time period. He suggested
13 directing the question to the property owner or potential renter to get an answer regarding
14 the suggested language.
15
16 Chairperson Koehler asked why the curb stops were acceptable by Engineering in this
17 application versus a previous application where Engineer Berkowitz was not in favor of
18 allowing curb stops. Associate Planner Griffiths confirmed Chairperson Koehler's
19 understanding of the previous application for Upper Midwest Athletic Construction,
20 wherein Engineer Berkowitz was against the use of curb stops. Since both Planning and
21 Zoning and City Council approved the application, city staff is taking the direction the
22 Council is fine with curb stops in the IPS within the Hughes/Westview Industrial Park.
23
24 Chairperson Koehler asked if there had been any comment from Engineering on this plan
25 or regarding plowing the lot of snow with the curb stops in the middle of the lot. Associate
26 Planner Griffiths said staff consulted Andover Review Committee, which both Mr. Law
27 and Mr. Berkowitz sit on, and no comments were received, positive or negative. Staff also
28 asked if curb stops would be required within the fenced parking area; again, no comments
29 were provided either way.
30
31 Chairperson Koehler inquired if neighboring property owners were notified of the public
32 hearing. Associate Planner Griffiths confirmed notices were sent to all property owners
33 within 700 feet.
34
35 Chairperson Koehler asked if any concerns were raised outside of the meeting from any
36 neighboring property owners. Associate Planner Griffiths stated no residents submitted
37 formal inquiries or letters to be included in the report. One resident called the City to
38 express support for the request, and another resident called to express concern regarding
39 safety with the number of vehicles going to and from the property.
40
41 Chairperson Koehler asked if there was a limit for how many cars can be stored/come and
42 go in a given day; specifically, is the limit based on what the company can handle or does
43 the City have limits. Associate Planner Griffiths said the applicant will be required to go
44 through the commercial site plan process; and as part of that process they will be required
45 to determine locations to park vehicles, drive lanes, etc., which will be ironed out during
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 4
1 the process. There is no City Code maximum amount, and as long as the company is
2 compliant with the City Code, everything that is being proposed is fine.
4 Chairperson Koehler clarified that Engineering, not knowing a maximum number of cars,
5 had no concerns with the amount of traffic on the road. Associate Planner Griffiths
6 reiterated this area was for short-term parking and parking would be in a small, confined
7 area. Engineering reviewed the entire application and did not provide any comments.
8
9 Chairperson Koehler commented that short-term parking bothers him more than long-term
10 parking because it means vehicles are coming and going more frequently.
11
12 Commissioner VanderLaan said she shared Chairperson Koehler's concern regarding curb
13 stops because of Engineering's question regarding whether it would set precedence in an
14 earlier meeting; and now city staff feels direction was given by the Planning and Zoning
15 and City Council, so there is a precedent that allows Planning and Zoning to move forward.
16
17 Commissioner Sims asked for clarification by city staff regarding the comment of things
18 being "almost up to Code" versus if it was City Code. Associate Planner Griffiths stated,
19 in the IPS, this area in the Hughes/Westview Industrial Park has some leeway because it is
20 an industrial area and sewer and water has not been extended yet. If this site was to go
21 through the normal process and be completely up to code, the entire site would need to be
22 paved with a surface Engineering would be comfortable with and the applicant would have
23 to go through the commercial site plan process, just like any other business in Andover.
24 Community Development Director Janish added that it relates to the parking area; the
25 bituminous coverage and the high -back curb are the two items that the applicant is asking
26 to deviate from. He stated it is very unique that the applicant is proposing a five-year plan
27 and, in addition to complying with the one-year plan, they will be making improvements
28 in conjunction with a five-year plan.
29
30 Commissioner Sims asked for confirmation that the proposal is acceptable per city
31 standards. Community Development Director Janish stated each IPS is based on their own
32 merits; there is an examination to determine whether it is appropriate in the particular
33 location, which is why there is a public hearing to take public input, and the Planning and
34 Zoning Commission members can make a recommendation to the City Council. Regarding
35 the issue of curb stops, since they were approved by the City Council before, while not
36 necessarily a precedent, in certain situations it may be appropriate within the
37 Hughes/Westview Industrial Park under these IPS's to see a use go into the buildings, that
38 it may be appropriate for the Planning and Zoning Commission and City Council to
39 consider it and make a determination.
40
41 Commissioner Sims asked if the City extended water services to the area, would the
42 applicant be required to upgrade to regular City Code or would it be on a case-by-case
43 basis. Community Development Director Janish said the ordinance is written so that any
44 future expansion would require them to meet the requirements. For example, if they have
45 their five-year plan in place in five years and year six the City runs water and sewer to the
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 5
1 area, if the applicant does not propose to expand, they don't need to meet City Code.
2 However, if they propose to expand, then they have to put in an asphalt/concrete surface
3 and look at the high -back curb. If city utilities are within the park and the applicant wants
4 to expand, that triggers the requirement.
5
6 Commissioner Sims asked whether the applicant is grandfathered in if they don't change
7 anything. Community Development Director Janish confirmed that but stated if there is a
8 future change in use, the applicant may be back before Planning and Zoning and City
9 Council again because the IPS's are to allow for businesses to change use, knowing there's
to not city water and sewer, because the City understands the constraints that provides. If the
11 applicant is at the location 10-15 years and then sells to somebody else or repurposes the
12 building, they may be in front of the Planning and Zoning and City Council if the IPS's still
13 exist at that time. Associate Planner Griffiths added item number 8 of the proposed
14 resolution of approval addresses that.
15
16 Motion by Daninger, seconded by Hudson, to open the public hearing at 7:22 p.m. Motion
17 carried on a 7 -ayes, 0 -nays, 0 -absent vote.
18
19 Steven Schmit, president of Schmit Towing, Inc., 5238 108th Avenue North, Brooklyn
20 Park, stated their main office is in Fridley with a secondary location in Crystal and the
21 company has gone through CUPs in both of those locations and have met all the
22 requirements. His company would be leasing from Best Outdoor Services. He stressed this
23 location will not be a junkyard or have wrecked cars; it will be clean and neat. The initial
24 objective is overflow storage from the other two lots. The hours of operation would be for
25 customers that need to retrieve their cars from that location. Although that is not their main
26 objective at this point, they would like to have that option for the future. They would be
27 towing cars in at odd hours, not just during the daytime hours.
28
29 Chairperson Koehler asked what happens after a car has been in the lot 45 days. Mr. Schmit
30 said the cars then belong to them, to dispose of however they wish: 95 percent of them are
31 hauled to a scrap yard in Anoka, and occasionally a car will be resold. Most of the cars are
32 not picked up because there's something majorly wrong with them.
33
34 Chairperson Koehler asked what kind of vehicles are picked up; for example, whether a
35 semi could be towed there. Mr. Schmit confirmed a semi could be towed, but the vast
36 majority are vehicles towed either from a city street by a police department or out of an
37 apartment complex in the wintertime because they are plowing a parking lot and people
38 did not move their cars because they do not run or for other reasons. They tend to be
39 complete cars that don't have a lot of value.
40
41 Chairperson Koehler asked who would be handling the plowing. Mr. Schmit stated Best
42 Outdoor Services would be doing the plowing and landscaping.
43
44 Chairperson Koehler stated his understanding is if someone picked up their car, they would
45 go to the landscaping company to pay the fees and wondered whether someone from the
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 6
1 towing company was onsite or if the towing company would depend on the landscaping
2 company to collect the fees. Mr. Schmit said someone from the towing company would
3 most likely be onsite.
4
5 Chairperson Koehler asked how the cars would be removed if the lot is unplowed and there
6 is no pavement, if there would be a truck available to pull them out. Mr. Schmit confirmed
7 his statement and added their tow trucks are all -wheel drive and they also have a Bobcat
8 and a plow on a pickup.
9
10 Chairperson Koehler asked if tow trucks would be stored at the facility. Mr. Schmit said
11 there may be one sitting there occasionally but that is not the intention.
12
13 Commissioner Daninger clarified whether the towing company would staff the landscaping
14 location to collect the money during working hours, which Mr. Schmit confirmed as
15 correct.
16
17 Commissioner Daninger stated his concern regarding tow trucks coming in at 2:00 in the
18 morning and wanted to make sure there would not be issues with the noise ordinance, which
19 he stated could be discussed later with city staff.
20
21 Commissioner Daninger asked if Schmit Towing would be staffing someone at that
22 location during open hours. Mr. Schmit responded that would happen if they started to
23 release cars from that location; or if there was a snowstorm and cars were towed to that
24 location, it would be staffed until most of the cars were gone, which typically happens
25 within 1-3 days. All of their trucks are late -model, the small tow trucks are gas so they are
26 quiet, and the flatbed tow trucks are modern diesel so they are quiet.
27
28 Commissioner Daninger said he is trying to help Mr. Schmit because he did not want them
29 to lose their permit because of vehicles coming in at 2:00 in the morning.
30
31 Commissioner Hudson referenced Mr. Schmit's comment that some of the cars may not
32 run or work but item 2 in the resolution talks about the vehicles being in clean and operable
33 condition and will not contain any valuables. He asked how literal the resolution is to real
34 life since Mr. Schmit said cars are often towed from parking lots and they will not start. He
35 stated he did not know how practical that item was, although it was not necessarily a
36 question for Mr. Schmit.
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38 Chairperson Koehler asked Mr. Schmit to give his opinion. Mr. Schmit said some of the
39 cars would not be operable, which is why people did not move them for snowplowing, or
40 they got ticketed by the police and did not get picked up. For the most part they will have
41 four tires, will not be smashed up; it would be a normal vehicle like you would drive in a
42 parking lot.
43
44 Commissioner Sims asked, since the cars are not necessarily from Andover, they could be
45 from a Blaine parking lot, how does Schmit Towing get authority to tow a car from a Blaine
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 7
1 parking lot. Mr. Schmit said the cars are towed off of private property and they can tow
2 them where they want. Most of the apartment complexes they provide service to are in the
3 metro area; they will bring most of the cars to the Crystal and Fridley lots because that is
4 the most convenient for both them and the customer. They tow for the Fridley PD and the
5 State Patrol, and those vehicles typically go to the facility in Fridley. A long-term storage
6 because of an investigation, for example, may end up in Andover to free up space in the
7 Fridley location.
8
9 Commissioner Sims asked if Schmit Towing collects the fee from the towee, which Mr.
10 Schmit confirmed as correct.
11
12 Commissioner VanderLaan stated the language in the reports indicates "no inoperable cars"
13 and Mr. Schmit said there may be a few inoperable cars, and she understands there may be
14 times when a car is not running and it has to be removed. She referenced a prior problem
15 in Andover of a "sea of cars" and described how the City hired an airplane to locate cars
16 so they could be removed from the City. She asked Mr. Schmit to restate that 45 days
17 would be the absolute limit and there would be no inoperable cars after that in the lot. She
18 also expressed concern about inoperable cars having gas tank ruptures and toxic waste
19 going into the soil and asked what precautions would be taken to prevent that from
20 happening or an immediate cleanup so there is not a repeat of those types of problems. Mr.
21 Schmit indicated they are very aware of hazardous materials leaking out of cars. If a car is
22 leaking, they either plug the leak or catch the material leaking out of the vehicle at both the
23 Fridley and Crystal lots. They would do the same at Andover; there would not be any cars
24 leaking fluids onto the ground any more than if a car may have a drip in a parking lot. If
25 gas or coolant is leaking, the product would be caught or the vehicle brought to one of their
26 other facilities, put inside and properly drained. It is a big issue in their industry because
27 for 100 years many towers let hazardous materials leak into the ground which created huge
28 problems. He said they understand the issue and deal with it.
29
30 Commissioner Loehlein referenced Mr. Schmit's comment that occasionally the State
31 Patrol or somebody has to do an investigation and wants the company to keep a car for an
32 extended period of time but that item 3 of the CUP states vehicles will be on the property
33 for a maximum of 45 days. He asked for clarification of what "a long time" is. Mr. Schmit
34 said when they impound a car for the police, often people call for it within 1-3 days.
35 Sometimes the police will put a hold on a car for 30 days or so while they do an accident
36 or crime scene investigation, but typically it is not more than 30 days. In those situations,
37 they like to put the vehicles at their other facilities so they can be accessed easier, usually
38 Fridley.
39
40 Commissioner Loehlein asked for confirmation that even in those situations Mr. Schmit
41 would not have a problem adhering to the 45 -day limit, since an investigation would be 30
42 days. Mr. Schmit agreed and said he could also move vehicles to another lot.
43
44 Chairperson Koehler requested the property owner to come forward.
45
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 8
1 Brandon Rossmeisl, 20256 Walden Boulevard NW, Oak Grove, Minnesota, stated he and
2 his father, Tom Rossmeisl, 3256 139th Avenue Northwest, Andover, Minnesota, are the
3 property owners.
4
5 Commissioner VanderLaan congratulated the Rossmeisls on the expansion, adding that it's
6 nice to see businesses grow and Andover tries to help with that. Tom Rossmeisl said he
7 has lived in Andover since 1991.
8
9 Commissioner VanderLaan asked about the longevity of the company and whether it was
10 an LLC, a partnership, etc. Tom Rossmeisl said they are an LLC and began in 1993.
11
12 Commissioner Daninger welcomed the Rossmeisls to the meeting and wanted to make sure
13 they were aware the five-year plan, item 7, is part of the resolution and that it is a big deal
14 that it is part of the resolution. Rossmeisls confirmed they were aware.
15
16 Commissioner Daninger asked whether they would be leasing to only one towing company,
17 which was confirmed as accurate by the Rossmeisls.
18
19 Commissioner Daninger asked the Rossmeisls whether they were aware that when people's
20 cars are impounded, they are not the most happy because of their vehicle being impounded
21 and if they knew what they were getting into. The Rossmeisls confirmed they understood.
22
23 Commissioner Daninger expressed his concern with the noise because that is an issue with
24 neighbors, and there was a lot of "may," "should," "could," "45 days," "no junk cars" but
25 they are being taken to the salvage yard, and Andover went through similar issues before.
26 Tom Rossmeisl said he understands the concerns, that they have a long-term relationship
27 with Schmit and Brandon worked for them for several seasons.
28
29 Commissioner Daninger said he thinks this is a doable situation but there is some verbiage
30 in the resolution that is pretty strong and they will need to work through all of the variables.
31
32 Chairperson Koehler asked what triggers snowplowing, reiterating that people are not
33 thrilled to pick up a towed car and will be less thrilled if the lot is not plowed. Brandon
34 Rossmeisl stated their company also plows and salts as part of their business and it will not
35 be a problem to get a car open. They are proposing to put a gate by the back corner so they
36 can get snow out easier and keep the lot wide open.
37
38 Chairperson Koehler asked if they had any concerns about the curb stops going in and
39 being able to plow over them/around them without destroying them. Brandon Rossmeisl
40 stated the curb stops are in front of the fence to protect the fence from customers potentially
41 hitting it. He has been plowing for 12 years and is not worried about them.
42
43 Chairperson Koehler mentioned Engineering did not comment this time but had several
44 comments the last time curb stops came up so he is trying to do his homework and thanked
45 them for the explanation. Brandon Rossmeisl said the curb stops are a temporary fix until
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 9
1 the five-year goal because they just bought the building and don't have a lot of money to
2 do all the improvements right now.
4 Chairperson Koehler said he appreciates seeing the phased installation -- one-year/five-
5 year plan -- and that they are not flying by the seat of their pants and have thought things
6 through. Brandon Rossmeisl said it was a large purchase so it had to be thought through.
7
8 Commissioner VanderLaan asked whether the building was steel, wood, etc. Brandon
9 Rossmeisl said it is a steel -constructed building with tin on the outside and they will
10 hopefully be making it look better in the next five years as funds become available. Tom
11 Rossmeisl added they plan on having the building painted.
12
13 Commissioner VanderLaan asked what the curb stops would be made of. Brandon
14 Rossmeisl said the prior owner of the property was a precast concrete company and they
15 left some concrete curb stops at the Rossmeisls' request. They may have to purchase more;
16 the curb stops they purchase may be rubber or concrete.
17
is Chairperson Koehler asked if any other audience members wanted to make comments.
19
20 Joe Buck, general manager of Schmit Towing, 4498 102nd Lane Northeast, Blaine,
21 Minnesota 55014, stated Schmit Towing has been in business for 38 years. Steve built it
22 up from scratch with one truck. He himself has been with the company for 3 '/2-4 years and
23 has been in the industry 28 years. Because the Commission had concerns about the cars
24 and the 45 days, he wanted to speak because he runs the lots. Currently, on Tuesdays and
25 Wednesdays he makes sure the cars are checked, marked, inventoried, makes sure
26 everything is copacetic, and cars are rotated and removed weekly. On the 45 -day mark the
27 computer prints a list telling him what's available to be taken out and disposed of.
28 Regarding disabled cars, when towing and during snow emergency situations, it's hard to
29 look at a car and say, "Does it run or doesn't it run?" because they don't have keys and
30 cannot check. That is why Steve said "possibly may have a car that is inoperable," because
31 they do not have that knowledge at the time they tow it. They dispose of cars properly. At
32 Crystal and Fridley, they have hazmat material at the shop door in case something leaks or
33 spills. Police wrecks will not be brought to Andover. If there is a forfeiture or special case
34 with the police brought in, it will be because they want more room to get around it and it
35 will be just for that time. He calls Best if there is too much snow for him to plow at the
36 Crystal and Fridley locations, and they are phenomenal when it comes to plowing.
37 Regarding disgruntled customers, their staff is trained to not take comments personally and
38 not to get into an argument with people, because people are not mad at the staff, they are
39 mad at the situation. If something catastrophic were to occur, staff knows to call him and
40 he will handle it. If you whisper during an argument, the other party has to quiet down to
41 hear when you are saying. He is six-foot, 280 pounds, and if he starts to whisper, people
42 think, "What is going on? Why is he whispering?" and the mood of the situation can
43 change. People have thanked him for towing their car and that it was kept safe and properly.
44 The company takes pre -tow pictures of everything to limit damages claims. Every tow
45 truck is late -model according to Steve but he himself calls them brand-new. They've grown
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 10
1 from 12 trucks to 20 trucks in four years. They are trying to do things the right way: The
2 drivers are in polos, not in uniforms, and everyone is clean-cut. They try to run a very
3 professional business, and they deal with the Fridley PD and the State Patrol all the time.
4 He drives; he manages; he does everything. In the winter it's a free-for-all because no one
5 knows when it's going to snow or how it's going to snow. Steve Schmit is from the military,
6 a lot of the guys are from the military, and although he couldn't serve, he was raised by a
7 Marine. You need to be respectful, polite, and cordial to people. You treat them how you
8 want to be treated. He's never had a dispute that he couldn't handle.
9
10 Commissioner VanderLaan thanked Mr. Buck for the information and the procedure for
11 handling disgruntled people.
12
13 Motion by Hudson, seconded by Daninger, to close the public hearing at 7:48 p.m. Motion
14 carried on a 7 -ayes, 0 -nays, 0 -absent vote.
15
16 Commissioner Daninger stated he liked the proposal but would like to change a few words
17 in the resolution. Regarding the noise issue, he suggested adding that vehicles will be
18 dropped off outside of those hours and, being it is an industrial park, he is okay with that.
19 He asked what effect a noise complaint would have. Community Development Director
20 Janish said the noise ordinance would apply and, similar to any other noise complaint, there
21 would be an investigation. If the complaint is in the odd hours of time, it would be the
22 sheriffs department who would respond to the questions. He assumed the noise would be
23 the tow trucks beeping as they are backing up, and if they were to go out there with
24 monitors, he did not think it would go over the City's ordinance related to noise; plus, there
25 is a duration component, which is how long the noise is occurring. The on -and -off beeping
26 isn't that loud, and he did not think there would be any complaints. If there were complaints,
27 city staff would look into it and contact the property owner and lessee to look at how the
28 issues might be rectified if there was a violation. Commissioner Daninger said he asked
29 the question for both the applicant and home audience, so they could understand.
30
31 Commissioner Daninger suggested adding the hours of operation, when people would get
32 their car, to the resolution. He also suggested making note that people would be dropping
33 off vehicles outside of that time. For item 2, he suggested saying the vehicles would be in
34 "clean condition" rather than "operable." He likes the 45 days, but according to the
35 employee, they will move them in 45 days. He commented that putting the five-year plan
36 in the resolution, item number 7, is aggressive. He has no problem if the applicant's staff,
37 not the tow company, releases vehicles as long as they know what they're getting into. He
38 suggested the tow company train the applicant's staff.
39
40 Commissioner Hudson stated he has an issue with item 2 as well. He suggested using "clean
41 condition" and striking "valuables" from the language because who knows what is in the
42 vehicles. He likes the project and passion that both companies are showing and is in support
43 of it and wants to make sure the language is appropriate.
44
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 11
1 Commissioner VanderLaan suggested substituting the word "operable" to "towable"
2 condition because it may not run. For example, if it has three wheels and one axle, it can
3 still be towed.
4
5 Chairperson Koehler pointed out the resolution is for City Council, and Planning and
6 Zoning does not need to wordsmith it but give recommendations as to what should be put
7 in, such as using the word "towable" or using the language "vehicles will be assumed to be
8 in clean and operable condition," because that is the company's assumption, as they
9 explained. He thought the "will not contain any valuables" should be stricken because they
10 do not know what is in them. He said the critical words that need to stay are "no repair or
11 salvage will take place on site," because that is the language that separates this from the
12 old junkyards in Andover that caused the problems Commissioner VanderLaan described.
13 He said the hours of pick-up need to be added and the hours of drop-off would be 24/7/365,
14 since no one knows when it will/will not snow. Community Development Director Janish
15 stated staff would work with the City Attorney on the language and that Planning and
16 Zoning have made it clear what they don't want transported to the site and they will let the
17 applicant know what the City Attorney's recommendation is. He thought there were good
18 suggestions made, "assumed working condition," because there may be some vehicles that
19 they know don't run when they get there but there are other ones where they don't know
20 whether it is workable or not.
21
22 Chairperson Koehler reiterated the Commission wanted to address several areas -- the
23 operable conditions; that the vehicles don't contain any valuables; want to retain the "no
24 repair or salvage"; want to add hours of pick-up and drop-off -- and asked if the
25 Commission had any additions or corrections to the list.
26
27 Commissioner Sims asked whether the City could dictate the hours the business would be
28 open. Community Development Director Janish stated the applicant submitted what they
29 believe the hours of operation would be and the hours could be changed through an
30 amendment process of the CUP. At this point, city staff is complying with the requests of
31 the applicant. If Planning and Zoning wants to provide for additional hours, he did not think
32 the applicant or lessee would have concerns with that.
33
34 Commissioner Sims asked if they are bound to the times once the wording is in the
35 resolution and wondered if they would want a wider window of time. Community
36 Development Director Janish confirmed if the times are in the resolution, that's what the
37 business would have to comply with. Commissioner Sims stated he wanted to make sure
38 the applicant is aware that a standard would be set if it is in the resolution.
39
40 Chairperson Koehler commented that it is a good idea to bring it to the attention of the
41 applicant and maybe the City Attorney should be consulted. He asked if the Commission
42 wanted people picking up their cars at 8:00 pm at night and felt the Commission should
43 provide guidance on what the hours should be if the Commission did not like the hours
44 listed. He said he was okay with the hours in the resolution and knowing that drop-off could
45 happen at any time; but if the Commission felt otherwise, it should be discussed.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 12
2 Commissioner Hudson stated he would be fine adding an hour on either end of the times.
3 Chairperson Koehler restated the business could operate from 9-4 but by Mr. Hudson's
4 assertion could operate from 8-5.
5
6 Commissioner Godfrey suggested the City Attorney finesse the verbiage by indicating that
7 pick-ups are expected to occur during regular business hours or traditional business hours
8 with drop-offs occurring at any time or 24/7 and to let the City Attorney frame the language
9 in a flexible manner so the business has some leeway to run the business the way they think
to works best for them.
11
12 Commissioner Sims stated Commissioner Godfrey's suggestion made sense to him.
13
14 Commissioner Loehlein said he would support the language suggested by Commissioner
15 Godfrey as well.
16
17 Commissioner Godfrey commented that precedence was discussed earlier and she did not
18 see any precedent that the City set business hours for anyone.
19
20 Commissioner Daninger suggested the "valuable" verbiage should perhaps remain since
21 this should not be a place that has valuables because it then becomes a location that people
22 may want to get into. He stated he would be okay with it either way.
23
24 Commissioner Sims asked how they would get anything out if they don't have a key.
25 Chairperson Koehler said that could be solved with the same verbiage discussed before:
26 that the vehicles will be assumed to be in clean and operable condition and assumed not to
27 contain any valuables. Commissioner Daninger stated he would be fine with that.
28
29 Commissioner Daninger stated, from a consumer standpoint, everyone is used to Monday
30 through Friday, 8-5. He is not sure where the hours proposed came from. He is happy to
31 support longer hours, but it's up to the applicant as to what hours they want.
32
33 Chairperson Koehler stated he understands that the hours could be broader -- earlier and
34 later -- and the applicant can choose hours shorter within the time but cannot exceed the
35 hours.
36
37 Commissioner Hudson noted the hours came from the applicant; that is what is in the
38 packet.
39
40 Commissioner Daninger agreed and said the Commission should approve what the
41 applicants want.
42
43 Commissioner Sims stated the hours are not in the resolution yet. Commissioner Daninger
44 said it needs to be added to the resolution, but the Commission should give the applicants
45 what they want.
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 13
2 Commissioner Loehlein brought up environmental concerns. He believes that Mr. Schmit
3 and Mr. Buck do their best to inventory and keep track of vehicles, but if something would
4 spring a leak and fluids from a vehicle get into the parking lot, what power does the City
5 have to regulate that or what would happen in the event of a car springing a leak.
6 Community Development Director Janish said it would depend on what is leaking and how
7 much, similar to a gas station, where the EPA/MPCA has guidelines. If a truck driver has
8 a semi which springs a leak during the night, he would wake up in the morning to guys in
9 suits who are trying to contain it and the driver receives a hefty fine. In this case, the
to property owner and lessee will be relied upon to handle spills in an appropriate manner,
11 but if there are certain chemicals spilled over a certain amount, the EPA should be notified
12 and the proper process used to clean it up.
13
14 Commissioner Loehlein commented there is nothing in the resolution regarding
15 environmental concerns. Community Development Director Janish said it is already a
16 regulation which applies everywhere including, as a homeowner, if you have a spill on
17 your property over a certain amount, you are responsible to clean that up. It would be
18 similar to someone who was at the grocery store and their radiator or gas tank would spring
19 a leak, or if you overfill your gas tank. Ultimately, it would be up to the individual, in this
20 case the towing company and property owner, to clean it up in an appropriate manner and
21 contact the appropriate authorities.
22
23 Chairperson Koehler reiterated Mr. Buck's comment that at the other sites they have hazmat
24 material on standby and would assume they would do the same at this site. He stated he
25 trusts them and there are regulations in place outside the purview of Planning and Zoning.
26 He said it was worth noting and felt Mr. Buck addressed that issue.
27
28 Chairperson Koehler asked if the City anticipates running water and sewer to the area in
29 the near future. Community Development Director Janish said a time frame has not been
30 established for city services to be provided to the Hughes/Westview Industrial Park.
31
32 Chairperson Koehler asked if the City called Crystal or Fridley to find out if there were
33 any complaints at the other two sites. Community Development Director Janish stated he
34 had not and did not believe the Associate Planner had done so either.
35
36 Chairperson Koehler suggested the City do that so the issues can be addressed if they come
37 up. He stated if his car had to be towed somewhere, he would want it to go there but said
38 the City should be aware of what they are getting into and make sure the City is prepared
39 for it. He did not feel it would alter anything regarding the upcoming vote.
40
41 Chairperson Koehler asked for a motion with clarification surrounding the operable
42 conditions, the valuables, the hours of pick-up and drop-off, and how the Commission
43 would like to address that.
44
Regular Andover Planning and Zoning Commission Meeting
Minutes —October 8, 2019
Page 14
1 Commissioner Daninger asked whether the hours of drop-off needed to be in the resolution.
2 Chairperson Koehler stated in his opinion that is a question that staff should be asking the
3 City Attorney.
4
5 Commissioner Daninger stated he would not put that language in the resolution, but as it
6 moves forward, if they have discussion, it could be a line item the City Council may want
7 to add.
8
9 Motion by Daninger, seconded by VanderLaan, to recommend to the City Council
10 approval of the resolution with a few changes: for item number 2, the City Attorney should
11 be consulted, but words such as "clean condition," address the "valuables" language, and
12 "assume operable" or similar verbiage. Item number 9 will be added to address hours of
13 operation as "regular business hours" or based upon a recommendation from the City
14 Attorney.
is
16 Further discussion:
17
18 Commissioner Loehlein stated the second part of item number 2 was discussed, "will not
19 contain any valuables," but he did not hear in Commissioner Daninger's motion something
20 to soften the language such as "assumes that it will not contain any valuables" or similar
21 language and does not think the Commission wants to have wording in such black -and -
22 white language that says, "will not contain any valuables," because he does not know how
23 the towing company will know that.
24
25 Commissioner Daninger stated he is okay with using the word "assume" and wants to make
26 sure the City Attorney comes up with some good verbiage: "Assume valuables," "assume
27 operable." He was not sure how it was stated in the motion.
28
29 Commissioner Loehlein said he heard Commissioner Daninger mention "assume" with
30 respect to "operable" but not the "valuables" portion. Commissioner Daninger clarified
31 that his motion would include the change noted by Commissioner Loehlein.
32
33 Chairperson Koehler restated Commissioner Daninger's motion: To wordsmith the
34 "operable conditions," to wordsmith the "valuables" being contained therein, and to add a
35 line about the hours under point 9 as recommended by the City Attorney. He asked
36 Commissioner VanderLaan if she seconded the motion. Commissioner VanderLaan
37 confirmed she seconded the motion to bring it to discussion and she would also second the
38 alteration of that motion so it is forwarded to the City Attorney for legal language to assist
39 the Commission.
40
41 Commissioner Daninger commented the hours of operation were not defined, but when
42 this application comes before the City Council, there will be more defnites based on
43 Commission members' comments.
44
Regular Andover Planning and Zoning Commission Meeting
Minutes — October 8, 2019
Page 15
1 Chairperson Koehler restated the motion and second to approve the resolution as written
2 with some cleaned -up language around operable conditions so it is not falling on the
3 applicant to know that it is operable, some cleaned -up language around containing
4 valuables so it is not falling on the applicant to know whether or not it contains any
5 valuables, and adding a point 9 to discuss the hours of operation in line with other
6 businesses of this type as determined by the City Attorney.
7
8 Motion carried on a 7 -ayes, 0 -nays, 0 -absent vote.
9
10 Community Development Director Janish stated this item will come before the City
1 l Council at the October 15 meeting.
12
13 OTHER BUSINESS
14
15 Community Development Director Janish stated the lot split request for 124 170th Avenue
16 NW that the Planning and Zoning Commission considered was approved by City Council.
17 The applicant and property owner have picked up the application and are in the process of
18 recording it at the county and the fees have been paid to the City.
19
20 Commissioner Sims asked if there was a second meeting in October. Community
21 Development Director Janish stated for the second meeting in October they are looking at
22 a work session with the Council related to the Comprehensive Plan and there is some
23 discussion about the possible inclusion of the Planning and Zoning Commission at that
24 time. He provided a progress update on the Comprehensive Plan.
25
26 Commissioner Godfrey asked if there was any progress on arranging a meeting with the
27 Fire Chief, as was discussed. Community Development Director Janish said because of
28 several projects and activities occurring, they have not been able to arrange a time with the
29 Fire Chief yet but was hopeful it could be scheduled in the next couple of months.
30
31 Chairperson Koehler stated the Fire Chief indicated he did not want the meeting during the
32 winter because he wanted people to be able to ride in the fire trucks to understand fully
33 what is at stake and that if the meeting does not happen soon, it will have been requested
34 for more than a year.
35
36 ADJOURNMENT
37
38 Motion by Hudson, seconded by Godfrey, to adjourn the meeting at 8:16 p.m. Motion
39 carried on a 7 -ayes, 0 -nays, 0 -absent vote.
40
41 Respectfully Submitted,
42
43
44 Ruth Holdvogt, Recording Secretary
45 TimeSaver Off Site Secretarial, Inc.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commission Members
CC: Joe Janish, Community Development Director
FROM: Jake Griffiths, Associate Planner
SUBJECT: PUBLIC HEARING: Consider city code amendments to the following sections of Title
12 Zoning Regulations: Section 12-2-2 add definition for an impound lot; Section 12-12
update permitted, conditional and prohibited uses; Section 12-16-4 add requirements for
impound lots
DATE: November 121, 2019
BACKGROUND
At the October 8, 2019 Planning and Zoning Commission meeting the Commission unanimously
recommended approval of a CUP request for interim performance standards and exterior storage. Minutes
from that meeting were approved earlier in the Agenda and are in your meeting packet. At that meeting,
the Commission directed staff to work with the City Attorney and add clarification to the hours of
operation and create less restrictive conditions for the conditions of vehicles.
Staff worked with the City Attorney to draft a condition that allowed for presumable operable vehicles,
such as those with dead batteries, broken light bulbs, etc. However, it was found that no condition on a
resolution could be written that waived the requirements of City Code 4-1-2; F. Junk Motor Vehicles,
which states that any vehicle with expired license plates or registration tabs is considered to be a nuisance
and therefore is prohibited. A copy of related ordinances and state statute is attached for your review.
Staff relayed this information to the applicant and after consideration they withdrew their request for a
CUP. The applicant then submitted a petition to amend the City Code to allow for "Impound Lots" in
Industrial districts in order to allow the storage of vehicles with expired license plates and tabs that are
otherwise operable.
DISCUSSION
Current City Code would classify the proposed use as an "Auto Reduction Yard" due to the storage of
vehicles with expired license plates or tabs. City Code 4-1-2; F. explicitly lists Junk Motor Vehicles as a
nuisance. The only permitted parking area for Junk Motor Vehicles is inside an enclosed garage. Since
City Code prohibits the proposed use, the only way to allow for the applicant's request is to amend the
City Code. Staff has drafted the attached ordinance language in order to allow for Impound Lots as an
interim use with additional restrictions on location, size, scope and appearances.
Parking Lot Discussion
The applicants are comfortable with the proposed ordinance language as written, with the exception of
"Condition F" which requires the use to park vehicles in a manner compliant with our commercial site
plan requirements, meaning parking vehicles just like a traditional parking lot. However, the applicants
would like greater flexibility to park vehicles several rows deep in order to maximize potential of the site.
Staff drafted the ordinance to include this restriction in order to prevent stockpiling of vehicles and
maintain aesthetics of the site. If the Commission would like to recommend approval, staff requests
giving direction on parking lot requirements.
Survey of Adjacent Communities
Staff reviewed the City Codes of adjacent communities as well as the cities of Fridley and Crystal where
the applicant's preferred tenant has existing facilities. Generally, staff found that if an Impound Lot is
allowed it is only done so as a Special Use. However, several adjacent communities prohibit the use in
ways similar to the current City Code. See the table below for more information:
city
Type of Use
District Requirements
Andover
Prohibited
Fridley
Special Use
Light Industrial
Crystal
Conditional Use
Industrial
Ham Lake
Prohibited
Blaine
Conditional Use
Industrial
Anoka
Prohibited
Coon Rapids
Prohibited
Ramsey
Prohibited
St. Francis
Prohibited
Review Criteria
12-14-4; B. Relation to the Comprehensive Plan, states that amendment of the zoning regulations shall be
found to be consistent with the recommendations contained in the City Comprehensive Plan. While no
City Code directly requires amendment to be reviewed for their impact on public health, safety, and
general welfare, a discussion has been included for your review below:
1. Relation to the Comprehensive Plan:
A policy of the 2008 Comprehensive Plan is to promote redevelopment of existing industrial
zones to accommodate industrial development, enhance community appearance and tax base. The
draft ordinance language lists obtaining a commercial site plan as a condition of the use.
Through that process any nonconforming sites would need to be brought up to the standards of
the City Code, or request Interim Performance Standards when applicable, which would improve
community appearance and accommodate new industrial development on an otherwise vacant
area.
Impound lots could be considered appropriate in the Industrial Land Use District as described in
the Land Use Plan. The Plan states that landscaping and screening are necessary to mitigate any
potential impacts on adjacent residential properties. Therefore, the draft ordinance contains
language requiring such.
2. Effect upon public health, safety, morals and welfare of occupants of surrounding lands:
Staff has drafted the ordinance in such a way as to mitigate any potential impacts by including
requirements for the condition of vehicles being stored, the amount of time a vehicle can be on
the property, screening and landscaping, noise regulations, permit requirements, etc. Staff also
has drafted the ordinance to allow the proposed use only in Industrial districts that lack access to
municipal utilities, and to require an Interim Use Permit prior to construction.
With the IUP process, the use could be continued for a maximum of five years, or until any of the
conditions of City Code 12-14-12 have been met. At the time of expiration, the applicant would be
required to obtain a new IUP subject to Planning and Zoning Commission and City Council
review.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and provide a recommendation to
the City Council regarding the petitioned code amendment. If the commission would like to recommend
approval, staff requests providing direction on parking lot requirements in the proposed ordinance.
Attachments
Proposed Ordinance Amendment to Ord. XX
Proposed Summary Ordinance for Publication
Proposed Denial Resolution
Draft Ordinance Language (Simplified Format)
Related Sections of Current City Code
Parking Space Comparisons
Ordinance Amendment Petition
Respec lly submitted,
01
Jake Griffiths
Associate Planner
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XX
AN ORDINANCE AMENDING CITY CODE TITLES 12-2-2,12-12 AND ADDING
TITLE 12-16-4.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
CHAPTER 12-2-2
RULES AND DEFINITIONS
12-2-2: DEFINITIONS
IESNA: Illuminating Engineering Society of North America
IMPOUND LOT: A screened parking lot where presumably operable vehicles,
that may have expired license plates or registration tabs, are
parked for a period not to exceed 45 days.
INCINERATORS: Any structure or equipment for the burning of trash not within a
building.
CHAPTER 12-12
COMMERCIAL/INDUSTRIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND
PROHIBITED USES
Chapter 12
COM M E RCIALIINDUSTRIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROII IRITED USEST
P -Permitted Use
GR- General Recreation
PA- Permitted Aecesso Use
LB -Limited Business
C- Conditional Use isEEFoornoTEs
NB- Neighborhood Business
X- Prohibited Use
SC- Shopping Center
PUD- Planned Unit Development
GB- General Business
I- Interim Use
I- Industrial
IfUse Not 5ecificall Listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses
Zoning Districts
GR
LB
NB
SC
GB
I
Auto Related Uses
Automobile service stations in compliance with City Code 12-8-4
X
X
C b
C 4
C
C
Car wash (automated)
X
X
X
C
X
X
Car wash (self service)
X
X
X
X
P
P
Car Hash, accessory to automobile service station
X
X
X
P
P
P
Impound Lot in compliance with City Code 12-164
X
X
X
X
X
W
School bus terminal
X
X
X
X
X
P
Transportation terminals or motor freight terminals
X
X
X
X
X
X
Vehicle sales (new) in Compliance with City Code 3-8
X
X
X
X
C
C
Vehicle sales (used) in Compliance with City Code 3-8
X
X
X
X
C
C
,Liquor
Liquor licenses in compliance with City Code 3-1
C
X
X
C
C
I C
Liquor License, On -Sale Wine in compliance with City Code 3-1
X
X
C
C
C
C
Liquor stores, off -sale in compliance with City Code 3-1
X
X
X
C
C
X
Retail Trade and Services
Adult use business as defined in Title 3, Chapter 7 of the City Code
X
X
X
X
C
C
Barbershops and beauty salons
X
P
P
P
P
X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
C
X
X
X
X
X
Christmas tree sales
X
I
I
I
I
I
Commercial recreation, indoors
P
P
P
P
P
P
Commercial recreation outdoors
C
C
C
C
C
C
Commercial riding stables
C
X
X
X
X
X
Crematorium in compliance with definition under City Code 12-2
X
X
X
X
C
C
Daycare centers (Commercial)
X
P
P
P
P
P
Daycare centers (drop in)
X
PA
PA
PA
PA
PA
Drive in businesses or businesses with a drive through window
X
C
C
C
C
C
Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compliance with
definition under City Code 12-2
X
X
X
X
C
C
Financial institutions
X
P
P
P
P
P
Hotels and motels
X
X
C
C
C
C
Lumberyard
X
X
X
X
X
C
Medical and dental clinics
X
P
P
P
P
P
Medical clinic — continuous operation
X
C
C
C
C
C
Mortuaries and funeral homes without crematorium
X
P
P
P
P
P
Pawnbrokers- as defined in Title 3, Chapter 4 of the City Code
X
X
X
C
C
C
Precious metal dealers -as defined in City Code 3-4
X
X
X
C
C
C
Professional studios
X
P
P
P
P
P
Recreational vehicle, boat, and marine c ui ment sales
X
X
X
P
P
P
Rental businesses (Equipment)
X
X
I
I
P
P
Repair services as defined in City Code 12-2
X
P
P
P
P
P
Resorts
C
X
X
X
X
X
Restaurants/cafes
P
C
P
P
P
P
Restaurant with live entertainment
X
X
X
C
C
X
Retail trade and services
X
C
P
P
P
C
Secondhand goods dealers as defined in Title 3, Chapter 4 of this code
X
X
X
C
C
C
Theaters (Indoors)
X
X
X
P
P
P
Theaters (Outdoors)
C
X
X
X
X
X
Veterinary clinics no outside pens or animal storage)
X
C
C
C
P
P
Other
Solar Energy Systems(ground mounted
X
IPA
X
X
X
X
X
Solar Energy Systems roof mounted
PA
PA
PA
PA
PA
Chapter 12
COMMERCIAL/INDUSTRIAL
PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES
P-PennittedUse I GR- CknedRecreation
PA- PermiwdA Use LB- Limited Business
C- Conditional UsessrErourNmts NB- NeighbafioodBusiness
X-PmhtbitedUse SC- Shopping Center
PUD -Planed Unit Development GB- General Business
[-Interim Use I -Industrial
If Use Not Specifically listed or Provided for Elsewhere in the City Code, It Is Prohibited
Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses
Zoning Districts
GR
LB
NB
SC
GB
I
Schools
K-12
X
X
X
X
X
X
Post -Secondary Schools
C
C
C
C
C
C
Schools exceeding height maximum up to 45 feet in height
X
C
C
C
C
C
Storage
Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in
compliance with City Code 12-8-2
X
X
C
C
C
C
Highway construction materials (temporary processing and storage) in
compliance with City Code 12-16
I
I
I
I
I
I
Mini storage indoor storage only)
X
X
X
X
C
C
Outdoor display, storage, and sales
X
X
C
C
C
C
Outdoor display, storage, and sales- during operating hours only
X
X
C
C
C
C
Tires — Exterior storage of waste tires
X
X
X
X
X
X
Tires — Interior storage of more than eight 8 waste tires
X
C
C
C
C
C
Toxic waste storage
X
X
X
X
X
X
Utilities
Private utilities (gas, electric, phone, cable, etc) in compliance with City
Code 8-2
P
P
P
P
P
P
Private utility structures and/or uses (electrical transmission lines, gas
pipelines, etc.)
C
C
C
C
C
C
Public utility uses for local service
P
P
P
P
P
P
Other
Any incidental repair, processing, and storage necessary to conduct a
permitted commercial or industrial principal use but not to exceed thirty
percent (30%) of the floor area space of the principal building.
X
PA
PA
PA
PA
PA
Antennas in excess of thirty-five feet (35') in height in compliance with City
Code 9-12
C
C
C
C
C
C
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
C
C
Religious Institution
X
X
X
C
C
X
Clubs and lodges
X
X
X
X
P
X
Continuous operation of a business (footnote 9 & 10)
X
X
P
P
xio
xto
Excavation (Mining) greater than 400 cubic yards when no building permit
has been issued in compliance with City Code 12-16
I
I
I
I
I
I
Golf courses and driving ranges
C
X
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
X
X
Junkyards
X
X
X
X
X
X
Land Reclamation in compliance with City Code 12-16
I
1
I
I
I
I
Landfills
X
X
X
X
X
X
Manufacturing
X
X
X
X
P
P
Marinas
C
X
X
X
X
X
Offices
X
P,
P
P
P
P
Publicly owned and operated property except as herein amended
P
P
P
P
P
P
Research laboratories
X
X
X
X
P
P
Swimming pools and recreation areas or structures
PA
PA
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons
residing or working in the vicinity
X
X
X
X
X
X
Wholesale businesses
X
X
X
X
P
P
Wind Energy Conversion Systems (WECS)-as defined in and in compliance C I C C I C C C
with Title 9, Chapter 13 of this code. WECS are prohibited on WDE site.
(Amended Ord. 8,10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000,8-5-2002; Ord.8000QQQ,
10-1-2002; Ord. 8RRRRRR, 10-1-2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord.
314 10-4-2005; amd. Ord. 385 7-21- 09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; amd. Ord. 397
8-17-10; Amd. Ord. 404,1-18-11; Amd. Ord. 436,4-15-14; Amd. Ord. 480,3-20-18)
1 Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said
uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be
used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated
in subsection 12-15-61) of this title.
2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private
system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of
record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter
and shall be so designated.
3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal
sewer and water is not available. (Amended Ord. 314, 10-4-2005)
4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as
otherwise approved as part of a Planned Unit Development.
5Loading berths prohibited in the LB district.
6After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2)
acres or larger.
7 See subsection 13-2-4 of this code for permitted, conditional, and prohibited uses in the AgP district.
817arm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4.
9 See 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". (Amended Ord. 421, 10-2-12)
10 From November 151s to January I st continuous operation will be allowed in the General Business and
Industrial Zoning District. (Amended Ord. 424, 11-7-12)
11 See subsection 12-9-2 of this code for permitted home occupations.
12. See subsection 12-16-4 of this code for specific requirements for impound lots.
CHAPTER 12-16-4
REQUIREMENTS FOR SPECIFIC INTERIM USES
C9: 4111i10K
12-16-1: Land Reclamation
12-16-2: Mining
12-16-3: Highway Construction Materials (Temporary Processing and
Storage
12-16-4: Impound Lots
12-16-1: Land Reclamation: Land reclamation shall be permitted only by
Interim Use Permits in all districts. The permit shall include, as a condition
thereof, a finished grade plan which will not adversely affect the adjacent land,
and as conditions thereof shall:
A. Regulate the type of fill permitted;
B. Include a program for rodent control;
C. Include a plan for fire control;
D. Provide for general maintenance of the site;
E. Provide planned controls of vehicular ingress and egress; and
F. Provide for control of material disbursed from wind or hauling of material
to or from the site.
12-16-2: MINING: In all districts, the conduct of mining shall be permitted
only upon issuance of a Interim Use Permit. Such permit shall include, as a
condition thereof:
A. A plan for finished grade which will not adversely affect the
surrounding land or the development of the site on which the
mining is being conducted; and
B. The route of trucks moving to and from the site.
12-16-3: HIGHWAY CONSTRUCTION MATERIALS (TEMPORARY
PROCESSING AND STORAGE:
A. Site Plan Requirements: The temporary processing and storage of sand,
gravel, or other materials shall be permitted only by Interim Use Permit.
Such Interim Use Permit shall include a site plan showing:
1. Where the processing is to be done,-
2.
one;
2. The location of the plant;
3. Disposal of water;
4. Route of trucks moving to and from the site in removing processed
material from the site.
A. Term Of Permit: Such permit shall be granted for a specified period.
12-16-4: IMPOUND LOTS: Impound Lots shall be permitted only by interim
use permit in Industrial zoned districts that do not have access to municipal
utilities. Such permit shall be subject to the provisions of City Code 12-14-12 and
further include the following as conditions thereof:
A. All necessary permits, including commercial site plan, shall be
obtained by the property owner prior to the start of construction.
B. Locations where impounded vehicles are to be parked shall be
adequately screened via fencing and landscaping so as not to be
visible from the public right-of-way or adjacent properties.
C. The portion of the property occupied by the impound lot shall not
exceed one (1) acre.
D. Parking areas for impounded vehicles may store those vehicles which
by all appearances and based upon any knowledge available to the
tow truck driver at the time the vehicle is retrieved, appear to be
operable, and otherwise do not meet the definition of junk motor
vehicles under the Andover City Code. Vehicles may be stored on the
property that have expired license plates or registration tabs provided
they otherwise do not meet the definition of a junk motor vehicle.
E. No vehicles shall be kept on site for the purposes of dismantling, sale
of parts, sale as scrap, abandonment or similar.
F. Vehicles shall have reasonable access and driving lanes shall be
maintained. Locations where impounded vehicles are parked shall
meet the requirements for parking space size and drive aisles as
established in City Code 12-13-8. Impound lots shall not be eligible for
interim performance standards for parking space size or drive aisles
requirements.
G. Vehicles may be delivered to the facility on all days and at all times,
provided that all noise and other similar nuisance type Ordinances of
the City of Andover are complied with.
H. During all operating hours in which customers may retrieve their
vehicles, the facility shall be staffed by a representative of the towing
company.
I. No storage of impounded cars or other vehicles with towing service
business shall be parked on the street(s) adjacent to the property for
any amount of time.
J. Term of Permit: The interim use shall terminate upon any of the
conditions enumerated in City Code 12-14-12; E, or upon the sale of
the premises in which the use was authorized, whichever comes first.
Adopted by the City Council of the City of Andover on this 19th day of November,
2019.
ATTEST:
Michelle Hartner, City Clerk
CITY OF ANDOVER
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. XX SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 12, CHAPTER 2 RULES AND DEFINITIONS;
TITLE 12, CHAPTER 12 COMMERCIAL/INDUSTRIAL PERMITTED, PERMITTED ACCESSORY,
CONDITIONAL, INTERIM AND PROHIBITED USES; AND ADDING TITLE 12-16-4 IMPOUND
LOTS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments
to City Code Title 12, Chapters 2, 12 and 16 add definitions and requirements for impound lots. Impound lots
are allowed as an interim use in Industrial districts provided they meet the requirements of City Code 12-16-
4.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 19`h day of November, 2019.
ATTEST:
Michelle Harmer, City Clerk
CITY OF ANDOVER
Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES NO.
A RESOLUTION DENYING THE CITY CODE AMENDMENT REQUEST TO ALLOW FOR
IMPOUND LOTS AS AN INTERIM USE IN INDUSTRIAL DISTRICTS
WHEREAS, a resident petitioned the City Council for a City Code Amendment to allow for
Impound Lots within Industrial zoning districts and;
WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the
requirements of City Code 12-14-6, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the criteria of the Comprehensive Plan, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
City Code Amendment request.
WHEREAS, the City Council of the City of Andover agrees with the Planning and Zoning
Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the city code amendment request; for the following reasons:
1.
2.
3.
4.
Adopted by the City Council of the City of Andover on this 19th day of November 2019
CITY OF ANDOVER
ATTEST:
Michelle Hartner, City Clerk
Julie Trude, Mayor
Impound Lots — Draft Ordinance Language
City Code 12-2-2: Definitions —
Impound Lot: A screened parking lot where presumably operable vehicles, that may have expired license
plates or registration tabs, are parked for a period not to exceed 45 days.
City Code 12-12: Land Use Table —Add "Impound Lot" as an Interim Use in Industrial districts to table
with asterisk referencing newly created 12-16-4. Prohibit in all other districts.
City Code 12-16-4: Impound Lots: Impound Lots shall be permitted only by Interim Use Permits in
Industrial zoned districts that do not have access to municipal utilities. Such permit shall be subject to
the provisions of City Code 12-14-12 and further include the following as conditions thereof:
A. All necessary permits, including commercial site plan, shall be obtained by the property
owner prior to the start of construction.
B. Locations where impounded vehicles are to be parked shall be adequately screened via
fencing and landscaping so as not to be visible from the public right-of-way or adjacent
properties.
C. The portion of the property occupied by the impound lot shall not exceed one (1) acre.
D. Parking areas for impounded vehicles may store those vehicles which by all appearances
and based upon any knowledge available to the tow truck driver at the time the vehicle is
retrieved, appear to be operable, and otherwise do not meet the definition of junk motor
vehicles under the Andover City Code. Vehicles may be stored on the property that have
expired license plates or registration tabs provided they otherwise do not meet the
definition of a junk motor vehicle.
E. No vehicles shall be kept on site for the purposes of dismantling, sale of parts, sale as scrap,
abandonment or similar.
F. Vehicles shall have reasonable access and driving lanes shall be maintained. Locations where
impounded vehicles are parked shall meet the requirements for parking space size and drive
aisles as established in City Code 12-13-8. Impound lots shall not be eligible for interim
performance standards for parking space size or drive aisles requirements.
G. Vehicles may be delivered to the facility on all days and at all times, provided that all noise
and other similar nuisance type Ordinances of the City of Andover are complied with.
H. During all operating hours in which customers may retrieve their vehicles, the facility shall
be staffed by a representative of the towing company.
I. No storage of impounded cars or other vehicles with towing service business shall be parked
on the street(s) adjacent to the property for any amount of time.
J. Term of Permit: The interim use shall terminate upon any of the conditions enumerated in
City Code 12-14-12; E, or upon the sale of the premises in which the use was authorized,
whichever comes first.
Related Sections of the City Code
4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or failure to perform a legal duty,
intentionally does any of the following, is guilty of maintaining a public nuisance and may be ordered to
abate the nuisance as provided herein, charged with a misdemeanor, or both:
F. Junk Motor Vehicles: Parks, keeps, stores or accumulates junk motor vehicles upon any private
land or premises owned; occupied or controlled by any person or legal entity unless authorized by
this code or other ordinance. No person shall park, keep or place any such vehicle upon land not
owned by such person. For purposes of this section, a junk vehicle means any motor vehicle as
defined in Minn. Stat. § 169.011, subd. 42, part of a motor vehicle, or former motor vehicle stored
in the open which is (1) unusable or inoperable because of a lack of or defects in component
parts; (2) unusable or inoperable because of damage from collision, deterioration, or otherwise;
(3) beyond repair, and, therefore, not intended for future use as a motor vehicle; (4) being
retained on the property for possible use of salvageable part; or (5) is not properly and currently
licensed for operation within the State of Minnesota. (Amended Ord. 383, 6-2-09)
12-2-2: RULES AND DEFINITIONS:
Auto Reduction Yard: A lot or yard where two (2) or more unlicensed motor vehicles or the remains
thereof are kept for the purpose of dismantling, sale of parts, sale as scrap,
storage or similar.
Parking Lot Discussion
Staff originally drafted the ordinance to require impounded vehicles to be parked in compliance with the
commercial site plan requirements and not be eligible for interim performance standards. Staff has
provided photos below of what commercial parking lot parking looks like in Andover, as well as what the
applicants would like to do. If the Planning and Zoning Commission would like to recommend approval,
staff requests providing direction on requirements for parking impounded vehicles.
Traditional "Straight -In" Parking
Angled Parking
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BEST OUTDOOR SER VICES
(612)-94(1213
Summary Letter & Plans 3098 162"" Lane NW Andover Mn 55304
City Amendment
My name is Tom Rossmeisl & I am currently a home owner &
resident of Andover at 3256 139th Ave NW Andover Mn 55304. I
own a landscape company with my sons named Best Outdoor
Services and we purchased the commercial property at 3098162°d
Lane NW in Andover Mn to operate our landscape business. The lot
is aprox 4.4 acres with the 5,000 sq ft building and we are looking at
leasing part of the open flat space out to Schmit towing for short
term parking of their towable vehicles, overflow vehicles for the
winter seasons, as well as work for the police departments for police
impounds. All these vehicles would have a maximum stay in the
gated area of 45 days. This lot would be turned and cycled weekly
by Schmit towing. Schmit towing has a great reputation and worked
with both the cities of Fridley & Crystal.
I am petitioning the Andover City Council to amend the City Code
to allow for the impound lot within the "industrial zoned districts".
We have attached our current plans as well as our 5 year plan.
• Overflow & short term parking of winter towed vehicles 30-45 days
• Hours M -F 94, Sat & Sun 1-3
• No salvage, no wrecks & no junkers
• Property Improvements:
• Build 6 ft privacy fence on perimeter of entire area for vehicles (Drawings Attached)
• Install pine trees along property borders
• Clean up & level lot
• Install new autumn blaze maples along North side property
• Add green space North side property and new landscape along with irrigation
• Paint exterior building
Sincerely, Tom
Tom Rossmeisl
612-940-1213 Tomr@BestOutdoorServices.com
ACCREDITED
BUSINESS
A+ RATED
Minnesota Nurse
I � nclcca nP Accnc
C I T Y O F .t.
NDOVE '
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
CC: Joe Danish, Community Development Director C6
FROM: Jake Griffiths,Associate Planner
SUBJECT: Supplemental Agenda Items for November 12,2019 Planning and Zoning
Commission Meeting
DATE: November 12, 2019
The Planning and Zoning Commission is requested to receive the following supplemental
information.
Discussion Items
Jerry Streich,Fire Chief has submitted the following comments related to the parking of vehicles:
The lot size does not adequately support the reality of the business. Because of that, I have
experienced this type of business wanting to pack as many vehicles on the lot as possible. When
they are in rows front to rear front to rear, it creates a significant fuel load and access problem. If
approved I would recommend access lanes in between the rows so firefighters can get to the
vehicles should there be an incident. Again, this city has experience with vehicle lots that we do not
want to resurface.
The applicant has also provided several drawings of potential parking layouts for the site. These drawings
are attached for your review.
Respectfully sub 'tte.,
Jake 'ffiths
Associate Planner
Attachments
Applicant's Parking Layout Drawings
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