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HomeMy WebLinkAboutAugust 11, 1998 () u o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING -AUGUST 11,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on August 11, 1998,7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Maynard Apel, Mike Gamache, Don Jacobson, Lorna Wells Jeff Squires, Jeff Luedtke City Planning, Jeff Johnson Others APPROVAL OF MINUTES July 28, 1998: Correct as written. (j Motion by Jacobson, Seconded by Wells, the Minutes as presented. Motion carried on a 4- Yes, 1- Present (Peek), 2-Absent (Squires, Luedtke) vote. PUBLIC HEARING: SPECIAL USE PERMIT - RETAIL TRADE AND SERVICES IN AN I, INDUSTRIAL DISTRICT -13440 HANSON BOULEVARD NW - JBS LANDSCAPING, INC. 7:32p.m. Mr. Johnson reviewed the request of JBS Landscaping and Irrigation, Inc., to operate a commercial landscaping retail trade and services operation at 13440 Hanson Boulevard NW. Landscaping and irrigation supplies, such as poly, edging, irrigation, supplies, tools, fertilizer, etc., would be offered for sale on-site. All supplies and materials would be stored in a building with no exterior storage. If approved, Staff is recommending several conditions to the Resolution. Acting Chairperson Peek opened the hearing for public testimony. Commissioner Wells asked if there would be any live vegetation on the site. (j Norm? . 18S Landscaping and Irrigation. Inc. - stated there will be no landscaping plants or sod on site. The only things that will be sold are fabric, ploy, fertilizers, landscaping tools, lighting, drain tile and irrigation parts. They will have a display area for customers and clients from which they pick out the products. No material will be stored outside. There will be two warehouses and offices. They are not sure about the fertilizer in the building. The building is not finished yet. The Department of Agriculture has issued their license to apply fertilizer but they have not been able to inspect the building to see if it is safe to store it. Commissioner Jacobson noted as a retail trade store, people from off the street can walk in to buy their product. He wondered if there is adequate parking. Mr. Johnson stated that will have to be reviewed by Staff. , ) o , / Regular Planning and Zoning Commission Meeting Minutes -August 11,1998 Page 2 (Public Hearing: Special Use Permit - Retail Trade and Services, JBS Landscaping, Continued) Mr.? - stated they will not be advertising items for sale. Only special clients and people they have been associated with for the last five years in this area will be coming to view the display. They do not handle pesticides, only fertilizers and what a city requires. Each city gives a list of what they can apply, and they only buy as needed. Many of their clients are in Delwood and Minnetonka. He lives in Coon Rapids about two blocks from this site. He has been trying to move to Andover on five or six acres for the past several years. When the 80 acres came up, he bid on it but didn't get it. He has been talking with the Mayor and the Planning Department as to where he can locate to get his equipment off the street and the business out of his house. Hours of operation would probably be 8 a.m. to 5 p.m. The rest of the time would be closed door to do designs. Commissioner Jacobson noted the Resolution is for no outside storage; however, the intent is to park a truck in the back. Mr. ? - stated one dump truck will be parked in the back, but he believes there will be a fence. The other truck will be parked inside the warehouse. All of his equipment is brand new. There are about 10 spaces in the building. They will have two offices and two warehouses. Mr. Johnson acknowledged that the Resolution should be changed. Commissioner Wells asked ifthere were road restrictions in the area. Mr. Johnson stated no. \ / Motion by Wells, Seconded by Jacobson, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Squires, Luedtke) vote. 7:48 p.m. Commissioner Jacobson thought the Special Use Permit should apply to the specific locations or area within the building itself. Acting Chairperson Peek was concerned with the potential effect of creating more of a demand for parking. Mr.? - didn't think they will need much clientele parking each day. He would expect a client or a couple to come to the office once or twice a week. There are over 35 parking stalls on the one side of the building. They are allowed four parking stalls up front with several in the back. Anything more than that, they will have to store vehicles inside. Mr. Johnson stated the square footage can be included in the Resolution. Motion by Jacobson, Seconded by Apel, the Resolution as presented with the following changes: First WHEREAS, the appropriate address be very specific for this particular use be inserted inside of the general address which is indicated in the Resolution. NOW, THEREFORE, BE IT RESOLVED, First section, change to, "No outside supplies associated with the operation except vehicles shall be permitted." Add section 4, "Subject to attaining the necessary permits from the permitting state agencies for fertilizer storage if fertilizer needs to be stored." Section 5, "Subject to adequate parking space per City ordinances." Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be on the September I, 1998, City Council agenda. 7:54 p.m. / , , ) \ \.J / Regular Planning and Zoning Commission Meeting Minutes - August 11, 1998 Page 3 PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - TEMPORARY ABOVE GROUND FUEL TANK - 3118162ND LANE NW -ACE SOLID WASTE 7:54 p.m. Mr. Johnson reviewed the request of Ace Solid Waste for an Amended Special Use Permit to replace a 3,000-gallon underground storage tank with a temporary 2,500-gallon above-ground storage tank for diesel fuel at 3118 162nd Lane NW. Staff is recommending approval with conditions. Acting Chairperson Peek opened the hearing for public testimony. 7:58 p.m. Doug Lawrence. representing Ace Solid Waste - explained Federal regulations require the underground tanks to be removed by December 31, 1998. The temporary storage tank will then be placed in about the same location. They have permission to install a 10,000-gallon underground storage tank, but the drawings haven't been done for the new buildings, so they don't know where that location will be yet. That is why they are requesting the temporary storage tanks. Commissioner Wells asked if both the underground and temporary tanks will be used at the same time. Also, what happens if they find contamination of the soil when the old tank is removed. '-- _/ Mr. Lawrence - stated no. The underground tank will be removed and destroyed the day it is pulled out. Test wells haven't shown any problems with the soil, but more tests will be taken and the soil sent to the lab for analysis. The Fire Chief will be on the property when the old tank is pulled out. \ Motion by Apel, Seconded by Wells, to close the public hearing. Motion carried on a 5-Yes, 2- Absent (Squires, Luedtke) vote. 8:01 Commissioner Jacobson felt the proposed Resolution is confusing, as it is to address only the temporary above-ground storage tanle Commissioner Wells wanted a contingency that the above- ground tank would not be installed until the below-ground tank is removed and empty. She was concerned with spillage and cleanup, especially with houses only 700 feet away. Other Commissioners did not see the relevancy, as the intent is the old tank will be removed and a new one installed, but in the meantime, this is a temporary tank. Motion by Jacobson, Seconded by Apel, the Resolution with changes under the NOW, THEREFORE, BE IT RESOLVED: 1) That the applicant shall provide to the City, in writing, proof that the above-ground tank meets all State and Federal requirements and installation regulations. 2) That the Andover Fire Chief inspect the above-ground tank's installation. 3) That a one-year time limit be imposed from the adoption of this Resolution for the removal of the proposed above-ground tank from the site. Motion carried on a 5-Yes, 2-Absent (Squires, Luedtke) vote. This will be on the September 1,1998, City Council agenda. 8:08 p.m. '- / J \ \ ) Regular Planning and Zoning Commission Meeting Minutes - August 11, 1998 Page 4 DISCUSSION - ORDINANCE NO.8, SECTION 8.24, JUNK VEHICLES - PROVIDING MORE RESTRICTIVE CONTROLS FOR REPEAT VIOLATORS Mr. Johnson explained before the Commission is a draft ordinance regulating abandoned, wrecked, junked, partially dismantled or in operative vehicles which is similar to the one used by the City of St. Paul. It would adopt a tag and removal process for these types of vehicles. The resident would have 20 days to correct a violation. Also before the Council is a letter from the City Attorney's office dated August II, 1998, indicating concerns on the legality of the proposed ordinance in its present form. The suggestion is that residents be given an opportunity to be heard by the City Council before the property is declared a nuisance and an abatement ordered. Then the matter would go to district court to authorize going onto private property to remove the vehicles. That w\luld extend the length of the process to about two months. He noted the proposed ordinance is working in St. Paul, but he could research as to whether or not it has been challenged in court. Hov.ever, there are other options that the Commission could explore such as the citation process or fining process. \ Commissioner Wells was concerned about the cost of a process that requires going to court, as it becomes an expense to the taxpayers. There should be some way that the violator must also be required to pay all of the costs. Mr. Johnson didn't know if the City Council wanted to hold a public hearing for such junk vehicle violations. Commissioner Apel suggested more research on the St. Paul ordinance be done such as how long it has been in effect, what problems they have had with it and why their City attorney would recommend it and Andover's does not. Do they recover their costs of enforcing the ordinance? . / Commissioner Jacobson had marked a number of problem areas on the draft ordinance; and before giving his copy to Mr. Johnson, he pointed out the following: Page I, Section 2, Abandoned Motor Vehicle: "...which has been voluntarily surrendered by its owner..." Commissioner Jacobson felt the wording is a concern. Is the City going to be accepting vehicles that people voluntarily give to it? Page 4, Section 8, Entry on Public and Private Places: How does a City employee get onto private property to obtain the make, model and serial number of a vehicle? The City must be careful of what it can and cannot do legally. Pages 5-6, Sections 12-14: Commissioner Jacobson felt the sections are in conflict with each other. Section 12 states an abandoned vehicle is immediately eligible for public sale without notice, but Section 13 requires a IS-day notice and Section 14 doesn't allow a time for vehicles to be reclaimed. He understood the frustration on how long it takes to resolve violations; but at the same time, the City cannot take away rights people have regarding their property. The Commission continued to discuss options, the need to notifY the person who owns a vehicle that is in violation, the right to be heard, the need for a timely resolution to the problem, the question of \ ) <..J Regular Planning and Zoning Commission Meeting Minutes - August 11, 1998 Page 5 (Discussion - Ordinance 8, Section 8.24, Junk Vehicles, Continued) whether or not the violator can be made to pay for the expenses of correcting the situation similar to assessing for other costs and the preference that the process have the vehicle removed from the property as opposed to issuing a citation. Mr. Johnson stated he would talk with the City attorney and do more research on the St. Paul ordinance. He stated he would have more information for the Commission at the next meeting. OTHER BUSINESS Plans for the Commercial Park - The Commission understood they were to see the proposal for the Andover Commercial Park and the theater project. It was felt the Commission should be made aware of proposals and projects that are taking place in the City. Mr. Johnson stated the Planning Department is aware of that. Mining permit proposal- Mr. Johnson stated Staffhas not been in contact with the applicant, Tony Emmerich, about the mining permit request. The developer is rethinking the request at this time. Motion by Jacobson, Seconded by Wells, to adjourn. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. The meeting adjourned at 8:40 p.m. Respectfully submitted, ~~~~ Recording Secretary