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08-10-22
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda August 10, 2022 Andover City Hall Council Chambers 7:00 p•m• 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — July 26, 2022 Regular Meeting 4. Public Hearing_ Conditional Use Permit Amendment (CUPA) — Increase Capacity of Bulk Fuel Storage Tanks — PID# 35-32-24-32-0001— Wold Architects & Engineers (Applicant) 5. Other Business 6. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Jake Griffiths, Associate Planner SUBJECT: Approval of Minutes DATE: July 26, 2022 ACTION REQUESTED The Planning and Zoning Commission is requested to approve the July 26, 2022 Planning & Zoning Commission meeting minutes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PLANNINGAND ZONING COMMISSIONREGULAR MEETING JULY 26, 2022 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on July 26, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Mary VanderLaan, Bert Koehler IV, Nick Loehlein, Scott Hudson, Wes Volkenant, Jonathan Shafto Commissioners absent: Also present: Community Development Director Joe Janish Associate Planner Jake Griffiths Others PLEDGE OFALLEGIANCE APPROVAL OF MINUTES May 24, 2022 Regular Meeting Motion: Chairperson Godfrey assumed a motion to approve the May 24, 2022 Regular Meeting minutes as presented. Motion carries by unanimous consent. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT REQUEST - PID# 23-32-24-33-0002 & PID# 23-32-24-32-0006 - TEXT AMENDMENT TO URHL - URBAN RESIDENTIAL HIGH LOW LAND USE DISTRICT & RE -GUIDE SUBJECT PROPERTIES FROM GC - GENERAL COMMERCIAL AND URML - URBAN RESIDENTIAL MEDIUM LOW DENSITY TO THE URHL - URBAN RESIDENTIAL HIGH LOW LAND USE DISTRICT - SILVERCREST DEVELOPMENT, LLC (APPLICANT) Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 2 2 The Planning & Zoning Commission is requested to hold a public hearing on the 3 Comprehensive Plan Amendment request and make a recommendation to the City Council. 4 Approval of the Comprehensive Plan Amendment shall be contingent upon approval of the 5 related City Code Amendment and Rezoning requests. Associate Planner Griffiths stated 6 the Commission is looking at land use, not the specific concept plan. Mr. Griffiths gave 7 an overview of the project. He explained the changes to the plan since the developer 8 received feedback from the Council, Commission, and residents. Mr. Griffiths displayed 9 renderings of the elevations of the concept plan. He stated the developer conducted a 10 shadow study and a traffic study. Mr. Griffiths stated all three requests submitted by the 11 applicant are independent of the concept plan. He stated the site plan will be addressed at 12 future meetings when the applicant submits a preliminary plat and site plan review. 13 14 Mr. Griffiths explained the Comprehensive Plan Amendment proposed at tonight's 15 meeting. He stated the first step is a text amendment language to allow a mixture of use on 16 this property. He noted any property within this land use can benefit from the text 17 amendment. Mr. Griffiths stated step 2 is the Future Land Use Map. Mr. Griffiths 18 explained the past land use plan of the property. He stated the question before the 19 Commission is do they think the property should be developed under the current plan or 20 under a revised plan with a text amendment. 21 22 Commissioner Koehler asked if other cities have this type of land use setup. Mr. Griffiths 23 stated some cities do and the City of Andover worked with their Met Council 24 Representative to achieve this plan. Commissioner Koehler clarified that the text 25 amendment does not target this development but can be used anywhere in the City that is 26 zoned the same. Mr. Griffiths confirmed. 27 28 Commissioner Volkenant asked for clarification on "the 20%" in the text amendment and 29 asked if that was the standard. Mr. Griffiths stated the "20%" came about through 30 conversations with the Met Council Rep based on what other cities were doing to be 31 successful. 32 33 Commissioner Volkenant stated the City is not anticipating any negative impact on the 34 City's overall required density of 3.0 units per acre. He asked if there was a positive 35 impact. Mr. Griffiths stated other developments have struggled meeting density and this 36 development would be an increase in density which could benefit the City in the future. 37 38 Commissioner Volkenant asked about the text amendment process timeline. Mr. Griffiths 39 stated the Met Council can take up to 120 days to review the application. Regular Andover Planning and Zoning Commission Meeting Minutes —July 26, 2022 Page 3 1 2 Commissioner Volkenant asked for clarification about the 4% decrease in traffic with the 3 proposal than under the current land use plan. Mr. Griffiths confirmed. Mr. Griffiths stated 4 the current land use plan calls for a mixture of commercial and medium density residential, 5 which will contribute to an increase in traffic of 4% over the development proposal. 6 7 Commissioner VanderLaan asked how the Comprehensive Plan Amendment will affect 8 affordable housing situations in the future. Mr. Griffiths explained higher density projects 9 are considered affordable and the development proposal would be also considered to affordable. 11 12 Commissioner Hudson stated the Comprehensive Plan Amendment not only affects this 13 property but any property in the URHL. He asked Mr. Griffiths to explain where the other 14 properties are that are designated URHL. Mr. Griffins identified the locations that are 15 designated URHL. Commissioner Hudson stated the change the Commission is 16 considering today is going to affect very few properties. Commissioner Hudson stated the 17 Commission is not addressing the project or site plan. The Commission is considering 18 changing the Land Use Plan and Comprehensive Plan. 19 20 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:31 p.m. 21 The motion carried by unanimous consent. 22 23 Mr. Griffiths stated Eugene Benson, 1292 1481h Lane NW, sent in a comment and has been 24 entered into the record. 25 26 Mr. Griffiths reiterated the questions before the Commission: should mixed-use 27 development be allowed in Andover and if so, should this property a location for that use. 28 29 Hannah Svec, 15130 Avocet Street, and stated she is concerned about adding the land use 30 would devalue property in their neighborhood. 31 32 Cari Boswell, 15035 Drake Street, came forward and stated she is having a hard time 33 knowing what to say because there is not a benefit to any other development except for this 34 one. Ms. Boswell stated this is a huge development on a small plot of land and she doesn't 35 think it is the right location. She stated it doesn't benefit the neighborhood nor the 36 community. Ms. Boswell stated the Commission is a gatekeeper to protect the community 37 and this has huge ramifications. She identified a location that would be more appropriate 38 for this development. Ms. Boswell stated the City isn't required to make an amendment or 39 approve a project when it is demonstrated that its fulfillment will diminish the quality of Regular Andover Planning and Zoning Commission Meeting Minutes —July 26, 2022 Page 4 1 life in her neighborhood. She stated development should be utilized to benefit the 2 community and not fill the wallet of the developers. 3 4 Tom and Jan Peters, 15171 Bluebird Street NW, came forward and stated it is known 5 science that when big developments come in and stack and pack, traffic increases, values 6 decrease, crime goes up, and the neighborhood health decreases. Mr. Peters stated a law 7 has been passed two years ago that prohibits this. He stated he is worried about the traffic 8 on Bluebird Street. He stated there cannot be a worse place for an exit to be replaced. 9 10 Chairperson Godfrey explained that the site plan discussion is not on the agenda at this 11 time. She stated the item is regarding the text amendment to the Comprehensive Plan. 12 13 Craig Hendrickson, 14951 Drake Street, stated he is confused and new to this process. He 14 asked if traffic was a part of the discussion. Chairperson Godfrey explained the issue is 15 more specific on how the City feels about mixed use on properties that are zoned higher 16 density. Mr. Hendrickson stated his parents have been in facilities in Andover. He noted 17 a comment that people 55+ don't drive and he stated that is not correct. Mr. Hendrickson 18 stated the mixed use will lead to extra traffic and accidents. He gave examples of people 19 and companies that would be coming and going from the facility. Mr. Hendrickson stated 20 the development will put more risk on emergency vehicles, residents, and pedestrians. He 21 doesn't believe this is the right location for this type of facility. Mr. Hendrickson stated he 22 wished the City would be more supportive of its residents that have chosen to buy their 23 houses and live in this community. He asked if the traffic study was available to the public. 24 Staff confirmed it was. Mr. Hendrickson asked the Commission to think about how they 25 would feel about this project if they lived in the neighborhood. He stated he doesn't feel 26 part of the process and information has been limited. 27 28 Chairperson Godfrey clarified the site plan is not on the agenda. She explained the item 29 addresses if the City thinks mixed used should be allowed within the URHL Land Use 30 District. Chairperson Godfrey stated there would be two more public hearings on a site 31 plan and pre -plat which will be well advertised. Mr. Hendrickson stated it would be nice 32 to have the information ahead of time so they can prepare their comments. 33 34 Barb and Jim Kelly, 15111 Bluebird Street came forward and asked if the City wanted this 35 property to be strictly residential or a combination. Mr. Kelly asked if the text change is 36 approved and allowed, would the Council have input as to what kind of business goes into 37 the commercial spaces. He stated a beauty parlor is one thing and vape shop/tattoo parlor 38 is something else. 39 Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 5 1 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:54 p.m. 2 The motion carried by unanimous consent. 3 4 Chairperson Godfrey asked staff to address the current zoning of the property, is the traffic 5 study available, and can the Council have input on what goes into the commercial property. 6 7 Mr. Griffiths stated the commercial uses will be handled with existing City Zoning Code. 8 He explained that the Zoning Code Amendment will be on later in the agenda. He noted 9 the uses are proposed using the existing shopping center code. Mr. Griffiths stated all the 10 materials presented to the Planning Commission are available at City Hall. Mr. Griffiths 11 stated the site has been planned commercial for about 30 years. In 2020, the property was 12 changed to a mix of commercial and residential. 13 14 Commissioner Koehler stated the property is currently zoned as commercial on the corner 15 of Crosstown and Hanson. Mr. Griffiths stated the Land Use Plan shows that corner as 16 commercial and the other parcel residential at 4-8 units per acre. Commissioner Koehler 17 asked if what qualifies as general commercial today will qualify for general commercial in 18 that land if the City makes no changes. Mr. Griffiths stated if the land is commercial, 19 anything that qualifies under City Code as commercial will qualify. 20 21 Commissioner VanderLaan asked if the property is currently zoned R-1. Mr. Griffiths 22 stated it currently is zoned R-1. Commissioner VanderLaan stated the Commission will 23 need to consider rezoning the property and asked staff to explain what the R-1 District is. 24 Chairperson Godfrey asked Mr. Griffiths to keep it brief as this item will be on the agenda. 25 Commissioner VanderLaan withdrew her question. 26 27 Motion: by Koehler, seconded by Loehlein, to recommend approval a Resolution 28 amending the text of the Comprehensive Land Use Plan of the City of Andover to include 29 language related to Mixed -Use Development within the URHL - Urban Residential High 30 Low Land Use District and amending the Future Land Use Designations of PID 23-32- 24- 31 33-0002 and 23-32-24-32-0006 from a mix of GC - General Commercial and URML - 32 Urban Residential Medium Low to URHL - Urban Residential High Low. Motion carries 33 5 ayes, 2 nays (Godfrey and Koehler) 34 35 Mr. Griffiths stated the item will go to City Council on August 4, 2022. 36 37 PUBLIC HEARING. CITY CODE AMENDMENT REQUEST - CITY CODE I2 -II: 38 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 6 1 INTERIM AND PROHIBITED USES - SILVERCREST DEVELOPMENT, LLC 2 (APPLICANT) 3 4 The Planning Commission is requested to hold a public hearing and make a 5 recommendation to City Council on an amendment to City Code 12-11 to allow mixed use 6 buildings through a Conditional Use Permit in (CUP) the M-2 Zoning District. Mr. 7 Griffiths stated the City Code needs to be updated to permit the recommendation of the 8 Commission to allow mixed use in the M-2 Zoning District. Mr. Griffiths explained the 9 City is proposing the mixed use to be multi -family of 100 or more units in the M-2 Zoning 10 District. Mr. Griffiths explained if a developer wants to construct a mixed-use 11 development, they will apply for a CUP which would have a public hearing and come 12 before the Commission and the Council. The Council and Commission would decide if the 13 site were a good location. Mr. Griffiths stated the City Code Amendment does not pertain 14 to any particular property or project; it is a change in the City Code. 15 16 Commissioner Koehler asked Mr. Griffiths to explain why the Commission is not looking 17 at permitted versus a CUP. Mr. Griffiths stated the Commission and Council can decide if 18 they want to change the language to permitted, however, a CUP gives the City more 19 control. Commissioner Koehler stated the options are to have a CUP, prohibited, or 20 permitted uses. 21 22 Community Development Director Janish stated having mixed use as a CUP or Planned 23 Unit Development, allows neighborhoods to hear comments and participate. If mixed use 24 is permitted, it can happen without neighborhood input. 25 26 Commissioner Koehler stated he agrees with Mr. Janish and wanted to get it on the record 27 that the Commission is not doing this blindly, there are other options. 28 29 Commissioner Volkenant stated changing this applied to any structure in the City of 30 Andover with 100 or more dwelling units. He asked if existing units could renovate and 31 add commercial. Mr. Griffiths confirmed so long as they meet applicable requirements. 32 33 Chairperson Godfrey clarified the property must be zoned M-2. Mr. Griffiths confirmed. 34 Chairperson Godfrey clarified that a CUP would require the property to go through the 35 public hearing process, have conditions, and be reviewed. Mr. Griffiths confirmed. 36 37 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 8:07 p.m. 38 The motion carried by unanimous consent. 39 Regular Andover Planning and Zoning Commission Meeting Minutes —July 26, 2022 Page 7 1 Jim Kelly, 15111 Bluebird Street, came forward and asked why M-3 was omitted from this 2 amendment. 3 4 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 8:09 p.m. 5 The motion carried by unanimous consent. 6 7 Mr. Griffiths stated the M-3 Zoning District is the highest density zoning the City has. He 8 stated there is one property that has that designation. He noted staff are looking at the 9 application that came in and narrowing the request for the most amount of City control. 10 11 Commissioner Volkenant asked where the M-3 property is. Mr. Griffiths identified the 12 property as located north of Andover Crossings. 13 14 Motion: by Loehlein, seconded by Volkenant, to recommend approval an Ordinance 15 amending City Code Title 12: Zoning Regulations, Chapter 11: Residential Permitted, 16 Permitted Accessory, Conditional, Interim and Prohibited Uses permitting mixed use in the 17 M-2 District. 18 19 Commissioner Koehler recommended that M-3 be included in the amendment to save the 20 trouble of going through this process again. He noted that applicants would have to apply 21 for a CUP and have to come before the Commission. Commissioner Shafto agreed with 22 Commissioner Koehler. 23 24 Motion: by Koehler, seconded by VanderLaan to amend the motion to add the M-3 25 District. 26 27 Mr. Janish stated the Commission would have to amend the Comprehensive Plan prior to 28 amending City Code. He explained the Commission can address this at the next meeting if 29 they desire to make the change. 30 31 Commissioner Koehler stated he stands by his amendment. 32 33 Commissioner Loehlein asked Commissioner Koehler to share why the Commission 34 should direct staff to proceed this way. Commissioner Koehler stated why come and have 35 to do this again if it is going to pass through. 36 37 Commissioner Loehlein stated the M-3 is a hypothetical and asking staff to go through 38 another text amendment is motions. Commissioner Koehler stated it is just a 39 recommendation and the City Council will make the final decision. Regular Andover Planning and Zoning Commission Meeting Minutes —July 26, 2022 Page 8 1 2 Chair Godfrey explained the Commission holds public hearings and makes 3 recommendations to Council. The elected City Council makes the final decision. 4 5 Commissioner Volkenant asked about parliamentary procedure and if the Commission 6 could open the previous item and address the M-3 District. 7 8 Chairperson Godfrey stated her understanding is only the Commissioners who voted in 9 favor of the previous item can act on reopening the item. However, Chairperson Godfrey 10 recommended on addressing one issue at a time. 11 12 Commissioner Hudson asked if the amendment has been approved by the initial 13 Commissioners who motioned and seconded. Chairperson Godfrey stated the entire 14 Commission would need to approve the amendment. 15 16 Commissioner Koehler asked for a call of the vote. 17 18 Vote on the amendment to the motion: 19 Motion passed 5 ayes, 2 nays (Hudson and Loehlein) 20 21 Motion: by Volkenant, to reopen discussion on the Comprehensive Plan Amendment 22 discussion. The item did not receive a second. 23 24 Chairperson Godfrey asked staff to craft a change to the proposed text amendment as an 25 alternative to offer to City Council. 26 27 Mr. Janish explained the first vote was on the amendment and there will need to be a vote 28 on the original motion. 29 30 Vote on the original motion with the amendment: 31 Motion passed 5 ayes, 2 nays (Hudson and Loehlein) 32 33 Mr. Griffiths stated the items will go before the City Council on August 4, 2022. 34 35 PUBLIC HEARING: REZONING REQUEST - PID# 23-32-24-33-0002 & PID# 23-32- 36 24-32-0006 - REZONE PROPERTIES FROMR-1: SINGLE FAMILYRURAL TO M- 37 2: MULTIPLE DWELLING HIGH LOW DENSITY - SILVERCREST 38 DEVELOPMENT, LLC (APPLICANT) 39 Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 9 1 The Planning Commission is requested to hold a public hearing and make a 2 recommendation to the City Council on a rezoning request by SilverCrest Development 3 LLC. Associate Planner Griffiths explained the Zoning Code needs to be consistent with 4 the Comprehensive Plan. He stated the current zoning is R-1 which does not match the 5 current Comprehensive Plan nor the proposal. Mr. Griffiths explained the Comprehensive 6 Plan is the guiding document and the Zoning Code has to meet it. Mr. Griffiths explained 7 the criteria for rezoning and stated the property meets the guidelines. 8 9 Commissioner VanderLaan asked why the question is going from R-1 to M-2 instead of 10 R-2, R-3, or R-4. Mr. Griffiths stated the Comprehensive Plan is what guides the City's 11 decisions. The Commission recommended the Comprehensive Plan be changed and now 12 the Zoning Code needs to be changed to make it consistent. 13 14 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 8:25 p.m. 15 The motion carried by unanimous consent. 16 17 Hannah Svec, 15130 Avocet Street, came forward and asked for clarification that the 18 Comprehensive Plan now allows the property for multiple housing. She stated the people 19 who are doing this are SilverCrest and not the City. She stated the current zoning is R-1: 20 Rural Residential and until tonight it has not been listed in the Comprehensive Plan as 21 multiple dwelling, high -low density and commercial. Ms. Svec stated she would like to 22 know the answer to this and have the opportunity to make additional comments. She stated 23 it is a big deal. When she moved to Andover, she was told it was going to be a bedroom 24 community. Ms. Svec stated adding high -low density is going to ruin the neighborhood 25 and she does not think it should be rezoned. She stated she, would like the development to 26 be community based. Ms. Svec stated the developers are not from the City and don't care 27 about whether they ruin the community and their way of life. She stated the 28 Comprehensive Plan is being touted as the guiding body because it was just changed. Ms. 29 Svec stated it is not changed yet because the City Council has to vote on it, but staff are 30 trying to say this has been done and it hasn't. She stated there are a lot of people in the 31 neighborhood who want it to stay a quiet neighborhood and she is 100% against it being 32 rezoned to make it more dangerous. Ms. Svec stated she wants to live in Andover and not 33 worry about her kids safety on the next street over. 34 35 Mr. Griffiths explained the Comprehensive Plan is the guiding document for the City's 36 zoning decisions. Prior to tonight's meeting and until the amendment is approved, the site 37 is guided as a mix of commercial and medium density residential by the Comprehensive 38 Plan, which is currently inconsistent with zoning. He explained with the first item 39 approved, the City Code and Zoning has to be updated to match the Comprehensive Plan. Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 10 1 2 Community Development Director Janish stated if Council doesn't approve the change, a 3 developer can come forward and make a proposal for 6 acres of commercial property 4 (roughly 60,000 square feet) and 7 acres for medium density residential (56 homes). Mr. 5 Janish explained the first motion designated the property URHL in the Comprehensive Plan 6 with mixed use using a CUP. 7 8 Chairperson Godfrey asked for clarification that the changing of the zoning to M-2 only 9 affects this property and not the surrounding homes. Mr. Griffiths confirmed. 10 11 Jim Kelly, 15111 Bluebird Street, came forward and stated he looked at the zoning map on 12 the City's website and most houses are R-4. He stated the corner isn't good for commercial 13 due to the lack of access. Mr. Kelly asked why that couldn't be changed. He stated the two 14 properties would fit well if zoned R-4. Mr. Kelly applauded the developer for adding 15 cottages along Bluebird, but he questions the need for a four-story building. 16 17 Cari Boswell, 15035 Drake Street, came forward and asked why the City has to move ahead 18 for high density. She asked if the City could move backwards and allow more residential. 19 20 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 8:39 p.m. 21 The motion carried by unanimous consent. 22 23 Mr. Griffiths stated all the actions on the agenda based on an application the City received. 24 He stated by State Law, the City has to hear the application out, and go through the review 25 process when an application is received. Mr. Griffiths stated the majority of the 26 Commission recommended approval of a Comprehensive Plan Amendment. In order to be 27 consistent with the Comp Plan, the M-2 District is the only zoning district that will do that. 28 29 Chairperson Godfrey noted that the second and third items on the agenda are contingent on 30 the first one. 31 32 Motion: by Koehler, seconded by Loehlein, to recommend approval an Ordinance 33 amending City Code Title 12-3-4, Zoning District Map of the City of Andover, rezoning 34 PID# 23-32-24-33-0002 & PID# 23-32-24-32-0006 from R-1 Single Family Rural to M-2 35 Multiple Dwelling High Low Density. 36 37 Commissioner Volkenant stated he is struck by the visual of the properties: to the east and 38 south are residential and to the north and west are government buildings, commercial, and 39 school. He always expected the corner to be a big store, but the perception of the residents Regular Andover Planning and Zoning Commission Meeting Minutes — July 26, 2022 Page 11 1 surrounding the property has been it will be residential. Commissioner Volkenant stated 2 there is a developer interested in the property and with actions taken tonight, he doesn't 3 see another option than accepting the language of rezoning. 4 5 Motion carries 5 ayes, 2 nays (Koehler and VanderLaan) 6 7 Mr. Griffiths stated the items will go before the City Council on August 4, 2022. 8 9 OTHER BUSINESS 10 11 Chairperson Godfrey asked for guidance from staff on the inconsistency with the 12 Comprehensive Plan and the M-3 Zoning District. She asked staff to craft language should 13 City Council approve the M-3 District. 14 15 Chairperson Godfrey repeated a question from the floor. She stated there was a request for 16 the neighbors to receive a copy of the updated proposal of the development. Mr. Griffiths 17 stated residents can call City Hall and it will be sent out to those who request a copy. 18 19 Mr. Griffiths stated the August 9, 2022 Planning & Zoning Commission meeting will need 20 to be rescheduled due to the primary election. After discussion, the Commission decided 21 to reschedule the meeting to August 10, 2022. 22 23 Mr. Griffiths updated the Commission on actions of the Council regarding Planning items 24 and upcoming items. 25 26 Chairperson Godfrey offered thanks to the Mayor and City Council, volunteers, and City 27 staff for an amazing Andover Fun Fest. 28 29 ADJOURNMENT 30 31 Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 8:52 p.m. 32 Motion carried by unanimous consent. 33 34 Respectfully Submitted, 35 36 Shari Kunza, Recording Secretary 37 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 & Zoning Commissioners CC: Joe Janish, Community Development Director 47-2 FROM: Jake Griffiths, Associate Planner SUBJECT: Public Hearing: Conditional Use Permit Amendment (CUPA) — Increase Capacity of Bulk Fuel Storage Tanks — PID# 35-32-24-32-0001 — Wold Architects & Engineers (Applicant) DATE: August 10, 2022 The applicant has submitted a Conditional Use Permit Amendment on behalf of Anoka County to install a new 15,000 -gallon underground liquid fuel storage tank on the subject property. The proposed fuel storage tank would be filled with No. 2 Fuel Oil and would serve an emergency generator and backup heating system for a new building on the site. City Code 12-12-2: Liquid Storage Tank, requires a Conditional Use Permit for all liquid fuel storage tanks with a capacity of 1,000 -gallons or more. A copy of City Code 12-12-2 is enclosed for review. In 2001 a Special Use Permit was approved on the subject property to allow for the installation of a 12,000 -gallon liquid fuel storage tank on the subject property. A copy of this Special Use Permit is attached. As there is an existing Special Use Permit on the subject property for liquid storage tanks, an amendment is required to allow for the new tank. Review Criteria City Code 12-15-7-B establishes review criteria to consider when granting a Conditional Use Permit. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning & Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands. The City of Andover Fire Department has reviewed the proposed liquid storage tank and is comfortable with the design as proposed. The applicant has indicated that the liquid storage tank will meet Minnesota State Fire Code and the National Fire Protection Association. 2. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The City is not aware of any existing traffic concerns at the subject property and the installation of an additional liquid fuel storage tank is not anticipated to create additional traffic to the site. 3. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. The installation of an additional liquid fuel storage tank is not anticipated to have an impact on values ofproperty or scenic views in the surrounding area. The site location is institutional in nature and is part of a larger complex of quasi -industrial facilities with limited residential properties in the immediately adjacent areas. ACTION REQUESTED The Planning & Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council regarding the Conditional Use Permit Amendment request. Res ectfully submitte a e Griffiths Associate Planner Attachments Draft Resolution of Approval Draft Resolution of Denial Existing Special Use Permit Site Location Map Site Plan Showing Fuel Tank Location Fuel Storage Tank Construction Detail CC: Wold Architects & Engineers (Via Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RXXX-22 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR AN ADDITIONAL UNDERGROUND 15,000 GALLON LIQUID FUEL STORAGE TANK LOCATED AT PID# 35-32-24-32-0001 LEGALLY DESCRIBED AS: THE NW1/4 OF SWIA OF SEC 35 TWP 32 RGE 24, SUBJ TO EASE OF REC WHEREAS, on July 3, 2001 the City Council approved a special use permit, Res. No. R107-01, to install a 12,000 -gallon liquid fuel storage tank on the subject property; and, WHEREAS, the applicant, with authorization of the property owner, has requested an amendment to the existing special use permit to allow for the installation of an additional underground 15,000 -gallon liquid fuel storage tank on the subject property; and, WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute on the conditional use permit amendment request; and, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-15-7; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment on the subject property with the following conditions: 1. The applicant shall complete a commercial site plan review process with the City in compliance with City Code 12-15-4. The liquid fuel storage tank shall comply with the commercial site plan once approved. 2. The liquid fuel storage tank shall be limited to no more than 15,000 -gallons in capacity, shall be constructed underground and shall be filled with only No. 2 Fuel Oil. 3. The liquid fuel storage tank must meet all local, state and federal requirements for construction, installation, protection and maintenance including those established by the Minnesota State Fire Code. 4. All other permits shall be obtained from any agency that may have an interest in the site including but not limited to Coon Creek Watershed District, Building Department, Fire Department, Minnesota Pollution Control Agency, etc. 5. The liquid fuel storage tank shall be subject to inspection at the discretion of the Fire Chief to ensure compliance with applicable regulations. 6. Pursuant to City Code 12-15-7-D, if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. Adopted by the City Council of the City of Andover on this 15`h day of August, 2022. ATTEST: CITY OF ANDOVER: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION DENYING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR AN ADDITIONAL UNDERGROUND 15,000 GALLON LIQUID FUEL STORAGE TANK LOCATED AT PID# 35-32-24-32-0001 LEGALLY DESCRIBED AS: THE NWIA OF SWI/4 OF SEC 35 TWP 32 RGE 24, SUBJ TO EASE OF REC WHEREAS, on July 3, 2001 the City Council approved a special use permit, Res. No. R107-01, to install a 12,000 -gallon liquid fuel storage tank on the subject property; and, WHEREAS, the applicant, with authorization of the property owner, has requested an amendment to the existing special use permit to allow for the installation of an additional underground 15,000 -gallon liquid fuel storage tank on the subject property; and, WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute on the conditional use permit amendment request; and, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code 12-15-7; and, WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the conditional use permit amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the Conditional Use Permit Amendment for the following reasons: 1. 2. Adopted by the City Council of the City of Andover on this 151h day of August, 2022. ATTEST: CITY OF ANDOVER: Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R107-01 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANOKA COUNTY HIGHWAY DEPT. TO INSTALL A 12,000 GALLON ABOVE GROUND PROPANE TANK IN ACCORDANCE WITH ORDINANCE NO. 8, SECTION 4.26 ON PROPERTY LOCATED AT 1440 BUNKER LAKE BOULEVARD (PIN 35-32-24-32-0001). WHEREAS, Anoka County Highway Dept. has requested a Special Use Permit to install a 12,000 gallon above ground propane tank coordinating with Ordinance No. 8, Section 4.26 on property located at 1440 Bunker Lake Boulevard; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. Building and Fire Department review and issuance of a building permit. 2. Establishment of a training program for employees as defined by the City of Andover Fire Department. 3. Preserve and enhance vegetative or other types of screening between the tank and Bunker Lake Boulevard. Adopted by the City Council of the City of Andover on this 3`s day of July, 2001. CITY OF ANDOVER r ATTEST: ' ichael R. Gamache, Mayor Victoria Volk, City Clerk Date Created- July 28, 2022 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. MN C m auxE LILA- ' �� 1\m°rpuir TAFF PARKING n I - - I , _ PR DIN G BUILDING "— PUBLIC -- I PARKING mrrin ELLAa 14— \ Km> I L f O ,I I I / �AM I I .. �RR1R111pN � ww,m , Anoka County 911 and Radio Shop e m—A.L. u.` IT A. rtE D MEESUMEPA3 0 ° .KOPom.G,a.PEK GGKTRa.oN Anoka County 21W AVENUE Q^ SIGNAGE KEYW ANOK&G MKO PROPOSED fl� ®' ® P..— E.A.SLE.. Yc PRGEEE LES"' .e Mrwromem.cusuxE PKaPo.eo.,smwmaaN weerouuncc.u.ueux. • • PRTPweG w.wLEAK KEacexTmwuror TTX) W.Kq.OVIM ruraroL SIGNAGE KEY NOTES WOLDAGIEDIS AND ENGINENEERS pry BOLTON NOTES: © & MENK cNECN AU PuxAweeuww.w.suows.wrriwereE urart. Real People. PealSduaonx �. s,cx.GE.Ku.Ge.eruuree xerAu.ovmNm TnwEKxcurm. ianx uiauiron'rn�si ,Nd . N�K.N.Nm GE,»,KA,Erom LSq...n» ""•.' P,.x..w LRELE°EA,uAK.r .,w.ELSE .00 ..mom. �'"e�� u— .P. ®T..G,m. EmE m... KE wE.G...°.. PG, ACETEPTAILLE RELEASE TCAPSM AT ASSET OESPAISLA � ALSO ALAN AS FSAEA!lLEV TES .uo. EG.u..u.E.E'.XE. A EF TUAl TIES p' AN GE a a u e'�en:.ri'u.uu' wMi.. AT N]m..l TALE P'mE0. N T2 YNIu'TLN p ME EXGWHI. SITE STATISTICS: ALtS RECEAREMEATSIGOTAIJLN —0ST.n..Gw,o .�.T.EN..ROLE E .RG.. 11 FINISHING PLAN - SOUTH CITY SUBMITTAL C1.22 NOT FOR CONSTRUCTION PROJECT: NEW 911 & RADIO SHOP DATE: Issue Date REVISIONSA BIMMOJ'212259-COUP "-N.011aMWd[o SMyMO0 911_212W.MECH.M Cen121: BBA3WWlUS9 WUMKa-N 911 and RMB3BoNMl 911212259-MECX.M REINFORCED CONCRETE SLAB PER TANK MANUF. RECOMMENDATIONS 30"0 MANHOLE W/ SOLID LID. MAINTAIN 2" MIN. CLEARANCE TO TOP OF SUMP FUEL OIL SUCTION & RETURN DOUBLE WALL PIPING SLOPE PIPING BACK TO TANK-o"/FOOT 22" MANWAY W/ - INTERFACE RING PROVIDE 18" EA III o00ogogogo 000000c GRAVEL ON SIDES o & 12" @ BOTTOM „ - FILTER FABRIC TO — PREVENT PEA ROCK MIGRATION. FIBERGLASS DOUBLE WALL FUEL OIL TANK NOTES: 1. TANK SHALL BE INSTALLED IN STRICT ACCORDANCE W/ MANUF. RECOMMENDATIONS 2. PROVIDE FLEXIBLE TANK CONNECTIONS ON SUCTION, RETURN, AND VENT PIPING 3. ALL MANHOLES TO BE INSTALLED IN EXISTING CONCRETE OR ASPHALT AREAS SHALL BE FLUSHED WITH FINISHED SURFACES AND BE SNOW PLOW PROOF CFUEL OIL STO NOT TO SCALE COMMISSION NO: 212250 REV. DATE: )1612%212:1459 PM CE 4" FILL LINE W/ FLOAT TYPE OVERFLOW PRO- TECTION VALVE & FILL CAP 18" DIA. MANHOLE W/ SOLID LID SPILL CONTAINMENT MANHOLE. MINIMUM 15 GALLON CAP. W/ LOCKING LID 18" DIA. STREET BOX W/ SLEEVE & BOLTED LID 3'-0" MIN. 4" RISER PIPE UP W/ CAP 2" VENT LINE ROUTE AS INDICATED ON THE PLANS. 4" CONDUIT TO BUILDING FOR GAUGE AND MONITORING WIRE MIN. 18" COVER 4" FIBERGLASS HOLD DOWN STRAP W/ TURNBUCKLE ANCHORED TO SLAB REINFORCING -VERIFY NO. OF STRAPS & LOCATIONS W1 TANK MANUFACTURER. 12" THICK REINFORCED CONCRETE PAD W/ #5 REBAR 10" O.C. EACH WAY 4" FROM BOTTOM BY MECH. CONTRACTOR. CONTRACTOR MAY USE DEADMAN ANCHORS SIZED PER MANUFACTURER'S RECOMMENDATIONS IN LEIU OF CONCRETE PAD. detail of construction Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 woldae.com 1 651 227 7773 a]