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HomeMy WebLinkAboutSP July 9, 1979 , " ~ o¡ ANDOVER SPECIAL CITY COUNCIL MEETING - JULY 9, 1979 MINUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 9, 1979, 9:50 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, for the purpose of considering the rezoning request of Mr. Delano Skeim for property located on the northwest corner of County Road #9 and 161st Avenue. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Engineers, John Davidson and Mark Schumacher; City Clerk, P. K. Lindquist; and interested residents Mr. Delano Skeim, Scandinavian Construction Company, explained the proposal for a small neighborhood business center located across from the industrial park. The uses would be a grocery store, a hardware store, a small retail sales center, possibly a restaurant, a small medical/dental business, and a gas station if it is deemed advisable. They circulated a petition to a number of Andover residents and received a favorable response from them. 85 percent of the residents were in favor of the rezoning in the location proposed. Originally the 40-acre parcel was looked at as a residential development only; but in studying the situation, there are no neighborhood services for approximately a five-mile radius. Andover residents spend approximately $98 million in retail during the course of the year and less than 15 percent of that money is spent in the City of Andover. In his travels through the scandinavian countries where gas has been $1 to $1.50 for years, their services are always located in a neighborhood; and he felt the US is coming full circle back to a neighborhood business concept. They are in the heart of the City at a major intersection; the major thoroughfare plan for the County shows the extension of County Road #20 to continue to Elk River. He is hoping to get a major food chain store, with intention to build the building and lease it out. If they get a commitment from a major food chain, he would allow them to build their own building. There is no family restaurant within many miles of this area. In a retail business, there is not that much sewage to contend with. A 11 of the engi neeri ng for the sewage systems wi 11 be done by an engi neer who works for the State of Minnesota who will design on-site sewage disposal for whatever buildings are built. Helen Anderson - asked if there wasn't a big shopping center proposed for the corner of Bunker Lake Boulevard and Round Lake Boulevard. (Yes, 10 acres presently zoned shopping center) She asked isn't that rather close to this? Isn't that close to the Tom Thumb on Seventh Avenue, Stan's Superette, plus others? All those are within five miles. Mr. Skeim stated she is talking basically about convenience stores, which are considerably higher in cost for food than a major chain store would be. Larry Koe~, 16055 Vintage - cited several convenience stores and grocery stores that are within a ive-mlle radlus of the area, and he felt that this would be overlapping those services. Mrs. Pirkl, 161st and Xenia - stated there is the industrial park on the east side of Round Lake Boulevard. If we rezone this to commercial, then there is one logical thing to do with Bennett's property, which is to sell it for multiple dwellings as a buffer zone from that residential to the west. Mr. Skeim stated the overall proposal on the 40 acres has included eight residential lots to the west of this parcel, which he will be developing and which is a graduated buffer from commercial ,to neighborhood business to residential. So there is already a built-in buffer to the Bennett property. Mr. Koep - asked what is going to happen to the water drainage noted on the map in that area. The entire project could be changed from what was presented this evening. Mr. Schumacher explained there has been no final design on any of these areas yet. Mr. Skeim explained in their tentative proposal the blue area is a ponding area for the drainage from the 40-acre development. That ponding area is located partly in the Special City Council Meeting July 9, 1979 - Minutes Page 2 residential and partly in the proposed commercial areas. That area is 23 feet lower than the high point. Mrs. Anderson - asked if there is going to be any landscaping, or will it be left with weeds around it which are never cut. Mr. Skeim stated it will be landscaped, depending on how quickly the County decides to widen the road for a turn lane, which is one of their plans for the intersection. There would be approximately an 8-foot band around the front for landscaping to be maintained. Commissioner Larry Retzlaff, representing the P & Z, explained the Commission recommended approval on a unanimous vote on the rezoning to Neighborhood Business, which is a restricted retail business within the City of Andover. Judy Odella, 15962 Vintage - asked how many stores would be in this location when it is finished. It started out as a family center and now seems more like a shopping center. It was stated at the last meeting that 2~ to 5 acres was considered NB. Mr. Skeim stated there is a fine line which determines whether it is a shopping center or neighborhood business, and they can overlap. Mr. Retzlaff stated a NB is not actually the size of the lot, but it's the nature and complexity of the development. Anything that can be in an NB can be in a shopping center, but anything that can be in a shopping center cannot be in a neighborhood business, such as on/off-sale liquor, on-sale liquor with food, etc. The size of the lot doesn't create whether it is NB or SC. Mrs. Odella - once it has been rezoned, could it be rezoned again to have things added to it? Is this just a start? Mayor Windschitl didn't feel any reasonable Council would rezone an NB to a shopping center as this area is not set up for shopping center classification. Discussion was that it would have to go through the same process that this has gone through, rezoning, public hearings, etc., to change that zoning. The neighborhood business classification is an attempt to get services to a neighborhood; and there are some overlaps between the two functions, but NB is considerably more restrictive. NB is also intended to service a one-square mile area of densily populated neighborhood and is not intended to service a five/six-mile radius. Because the tabultion for the street improvement project in Section 17 was completed, the discussion returned to the public hearing at 10:08 p.m. Discussion on the rezoning request continued again at 11:11 p.m. A show of hands by residents indicated a majority would be opposed to such a commercial neighborhood business located as proposed, many indicating the small grocery stores, etc., are near their neighborhood. Rod Vosek, 161st and Xenia - didn't think we need the neighborhood business there. It would generate more traffic; therefore, more police and fire protection would be needed. He felt if there is going to be a central shopping center in the City, it should all be put in one place. Betty Vosek - stated that would be the third business on Round Lake Boulevard within about a three-mile radius that is proposed. Mayor Windschitl reviewed the shopping center zoning in Andover and Anoka's proposed shopping mall on the southwest corner of Round Lake and Bunker Lake Boulevards. It was also noted that the Council cannot consider economic interests when considering rezonings, as it can only consider the facts of health, safety, welfare, traffic, etc. Mr. Retzlaff also cited some problems involved with the development of the proposed shopping center in Andover, especially as it relates to sewer and water. Craig Jeska - felt that a little shopping center on that corner would be ideal, especlally a grocery store. Councilman Jacobson expressed concern over the 10.88-acre site in that he felt it is a larger site than a neighborhood business size. A 10-acre site could be filled up with a conglomeration of small shops, and he felt the idea of the NB is to keep it small with Special City Council Meeting July 9, 1979 - Minutes Page 3 just a few things to serve the immediate needs of the area of approximately one mile. He also thought it is almost a spot zoning because of the industrial area across the road. Possibly if this type of facility is needed or required, it should be put in the industrial area. Councilman Jacobson also didn't feel it is compatible with the City's Comprehensive Plan. He was generally opposed to the rezoning because of the size and felt it should be across the road. He also suggested the possibility of scaling down the center to four or five acres to service just the local one-mi le radius area. Mr. Skeim explained that they had talked about putting it across the road but eliminated that because the City had refused a similiar request on the industrial center side. The City's ordinances do not state a maximum size of a neighborhood business. Because of the fact that it is rural, he felt the additional acreage was needed for on- site sewage disposal. In his interpretation of the Comprehensive Plan, this proposal is the site located across from the industrial park, in an area designated as a growth area, and would be a buffer between the industrial and residential, located on an intersection of two heavily traveled roads in the City, which makes this location the correct location. There is a defined need for this. There is also an economic impact when talking about $98 million a year being spend by residents outside the City, on a tax base in the area of $2.5 million, and an annual payroll here in excess of one-half million dollars. We're not talking about Tom Thumb store, but a NB center. It is not their intention to put in a Tom Thumb-type convenience store, but a known chain grocery store. Councilman Lachinski felt there are many different types of convenience facilities, and there is no possible way you could meet the needs of a five-mile radius on a 10-acre site. So he didn't think there would be the same type of shop here as there would be put on #9 and Bunker Lake Boulevard, and didn't think there was a problem with the size of the site. He tended to agree that if there is going to be a residential development across from the industrial park, that residents would think favorably on a commercial site separating them from the industrial park. He didn't think there was a conflict in terms of spot zoning, and agreed that it makes good sense to have a buffer between residential and industrial. It is on the intersection of two major thoroughfares. And as far as safety, the County has already committed to putting in turning lanes, etc., because of new construction when it is needed. Councilman Orttel had mixed feelings about it. He had some problems with the concept of a restaurant without sanitary sewers, and felt the owner of the restaurant probably would have a lot of problems in the development of as ewer system for it. The idea of zoning an area to something other than residential before housing comes in is an excellent idea. There are already plans for the turn lanes off Round Lake Boulevard, so traffic flow should be resolved. Councilman Peach felt there was no question that it violates the intent of the NB concept as it was his opinion that it is an urban shopping center in a rural zoning. In his interpretation, it is outside of the intent of the Comprehensive Plan; as he felt the intent is to keep commercial development within the urban service area. He felt a lO-acre shopping center doesn't have the same purpose as a NB used for conveniences of a neighborhood. It was also his opinion that the Metropolitan Council would be opposed to this, and felt that their reasons for why they would oppose it are reasonable. It would encourage development in that area. Mayor Windschitl had trouble with the sewer question, especially that of the extension of the sewer lines. He had trouble believing that this large of a project could be constructed without city sewer and felt it was not proper for the Council to be creating anything in the rural area that could cause some type of sewer system to be built out there. It is beyond the reach of any interceptor lines the City has or that are proposed. As much as he would like to see a restaurant in the City, he didn't think it should be in the rural area, but rather in the urban section. With the County's Special City Council Meeting July 9, 1979 - Minutes Page 4 upgrading of Round Lake Boulevard, he felt there was a reas,onable argument that the traffic situation could be handled; but as it is presently, #9 is not capable of handling the traffic. He also agreed that this is tending to mix zoning districts, which he didn't know was the best idea. Mayor Windschitl also read a letter into the record from Ann Sharon, 15931 Vintage Street NW; Judy Odella, 15962 Vintage Street NW; Thomas Vanep, 16016 Vintage Street; and Roger Provost, 16012 Vintage Street NW, all in opposition to the rezoning. Mr. Skeim explained that he is not asking for any variances but is following the guidelines as set forth in the City's Ordinances. He stated the sewage system'would be constructed according to code so that it is workable. The proposed supermarket is 100 x 120 feet, which is basically a small Super-Value-type store. The proposal is for six buildings -- three joined together (zero lot line with interconnecting hallways) including a hardware store, grocery store, and retail strip mall; and three separate buildings for a restaurant, a 60 x 150 professional-type building that could house approximately six business, and one lot area reserved for the gas station for a 60 x 60 building. The road uses approximately one acre. Approximately two acres is used for drainage easement. The center includes six essential services that represent 93 percent of the retail dollar. The design is wood-frame exterior structure with brick veneer which allows nim to build it himself in phases. Total building area is 53,350 square feet, which is 8.8 percent of the land area. He stated that he would be agreeable to some legal contingency that the overall building area would not exceed 54,000 square feet. He felt he really wanted the entire acreage requested to have enough area for on-site sewage disposal so he won't have any problems. Discussion continued on the question of the City's ability to restrict how much development would be put in this area; on whether the City's on-site septic ordinance is adequate for such a proposed business; on the advisability of allowing a higher water usage business such as a restaurant to be built in a rural area; and on allowing a restaurant to be built on 2.2 acres when a single family home is required to be built on 2~ acres minimum. It was questioned whether conditions could be attached to the rezoning. Several Councilmen felt that a neighborhood business in this area is appropriate; however, they felt it should be scaled down. Mr. Davidson stated that a septic system can be designed for a 54,000 square foot building that would adequately meet the requirements of the City and of the Metropolitan Council, but that design is based on the use of the building. He felt that specifically the Metro Council is opposed to businesses in the rural area because they do tend to increase development, and they don't want to have to extend sewers for the number of additional houses that will also be developed. He suggested that the buildings and businesses to be built in this area could be addressed at the time the Special Use Permit is applied for, as legally the Council cannot condition the rezoning. ? - supported the idea of a supermarket on that land, indicating that he felt he would patronize it frequently rather than driving to Anoka or further for groceries or using the convenience stores which have higher priced goods. A supermarket close by would also help in conserving energy, gasoline. And he felt we have gone too long without anything. All the people in Andover's urban section probably wouldn't go to it because they are close enough to Anoka to get their supplies. Mayor Windschitl suggested the possibility of taking the restaurant out and limiting the business center to the northeast corner of the 40 where it would be sheltered from the residents in the area and would still be across from the industrial center. He stated he can argue the health, safety, and welfare of residents in the City; and in his opinion a restaurant is not a compatible use out there. Mr. Skeim was reminded that if this is turned down, he cannot apply for a rezoning again for one year. Mr. Skeim also argued that this would be a decent sit-down family-type restaurant and that across the street it is already allowed to have a beer bar with restaurant. Special City Council Meeting July 9, 1979 - Minutes Page 5 MOTION by Peach, Seconded by Jacobson, that the City Council, City of Andover, reject the request for rezoning by Scandinavian Construction and Delano Skeim on property described as the east 484 feet of the southeast one quarter of the northeast one quarter of Section 17, Township 32, Range 24 in Anoka County, Minnesota, for the following reasons: The area proposed is too large to be considered Neighborhood Business. It is not in keeping with the rural standards of the area, and it proposes a potential threat to the health, safety, and welfare of the people in the area. AMENDMENT TO MOTION by Lachinski, Seconded by Peach, that we allow the developer to scale the size of the project down, waiving the requirement of resubmitting the proposal within minimum of one year. Discussion: The legality of the Amendment was questioned as the Council cannot change the Ordinance without a public hearing and a 4/5 vote. The Second and the Amendment to Motion were Withdrawn by Councilmen Peach and Lachinski Further Discussion: Councilman Lachinski asked Mr. Skeim if he were willing to scale down the size of the project. Councilman Jacobson felt that with all businesses proposed, that the size of the development was more than a NB. Councilman Peach indicated that five or six acres would be more reasonable for a NB. He had a problem with the 54,000 square feet of building, not with the 10 acres of land. And there is no way we can control the size of the building put on the amount of land that would be rezoned. He wasn't opposed to the types of businesses proposed, but felt a 15,000 foot grocery store with a 100-person restaurant is just too much for the rural area. Mr. Skeim explained the whole intention of this is to give it a neighborhood use without having to pay high prices for their essentials and that is why a grocery store is being proposed. The minimum logical size to build a grocery store is 12,000 square feet. Neighborhood Business allows all retail sales, and groceries are retail; therefore, a supermarket is allowed. The ordinance doesn't specify the size of the building. If in the interim he can work out the size of the building with the City Attorney, he asked if it would be agreeable to leave the land area the same. Councilman Lachinski felt that could be considered. Mr. Skeim was willing to meet with the City Attorney to see if something could be worked out to limit the size of the development. Councilmen Jacobson and Peach withdrew the Second and the Motion. MOTION by Peach, Seconded by Jacobson, that the matter be continued to the first meeting ln August. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 12:41 a.m. Respectfully submitteß \~ '" L ,\..1- . Mar lla A. Peach ,0, 1 ( Recor g Secretary ,1' '!Í S;l ~ 0,1..1 t" I' \ "I