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HomeMy WebLinkAboutJuly 27, 1993 ~ ~) '~J o (J ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 27, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on July 27, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Becky Pease, Jay Squires Marc McMullen, Randy Peek City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES July 13, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, approval of the Minutes as presented. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE, 17154 SEVENTH AVENUE NW, HARE STUART 7:31 p.m. Merle Bloom, 5549 Zane Avenue N, Fridlev, Manaqer of Harefield Farms - stated Mr. Stuart is out of town and unable to attend this meeting. Mr. Stuart has changed his plans for the property and is now looking for a metal storage building to store his equipment. They are not looking for a greenhouse permit at this time. They will provide an access road back to the building. Mr. Carlberg stated he talked with Mr. Stuart last Thursday and asked for an updated sketch plan of the proposal for the property. He received nothing. This is a change of plans and would require a reapplication for a Special Use Permit with another public hearing to construct an accessory building prior to the principal structure. Mr. Bloom - asked that the Special Use Permit for the commercial greenhouse be withdrawn. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. MOTION by Apel, Seconded by Pease, to accept the Special Use Permit withdrawal request for the commercial greenhouse at 17154 Seventh Avenue NW. Motion carried on a 5-Yesr 2-Absent (McMullen, Peek) vote. 7:37 p.m. ~,j ,) Andover Planning and Zoning commission Meeting Minutes - July 27, 1993 Page 2 / PUBLIC HEARING: SPECIAL USE PERMIT - UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUEL, BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW (PIN 35-32-24-23-0005) - SUPER AMERICA GROUP, INC. 7:37 p.m. Mr. Carlberg reviewed the request of the Super America Group, Inc., to locate below ground storage tanks for the storage of liquid fuels on the property located at the intersection of Bunker Lake and Hanson Boulevards. Special Use Permits are required to insure that fire exposure and soil and water contamination hazards are not present and that they would not be detrimental to the public health, safety, and general welfare. Four underground storage tanks would be installed. Three would be 10,OOO-gallon tanks and one would be a 12,OOO-gallon tank, all installed per state and federal guidelines. The property is currently zoned General Business in which gas stations are an allowable use. A resident from the area called stating they were in favor of Super America being there because of the need for a station in that area. Staff is recommending approval. Chairperson Dehn opened the hearing for public testimony. " Randv Ritters, 133 140th Lane - asked if this is the normal sized tanks for gas stations. The residents are concerned with the term bulk and envisioned this being a large terminal where trucks are filled. Mr. Carlberg explained the proposal is to construct a Super America station on that parcel. Those tanks are to store fuel for the islands to service vehicles with gas or diesel. These are standard tanks. The City has the specifications on the tanks and a letter from the state. '- / Mr. Ritters - was concerned about their property values and where the City of Andover is going with the zoning. They have seen a lot of activity on the Superfund site across the street, and they are worried about more contamination which will affect their future value when they sell their properties. He also asked if they can see plans for the station. Mr. Carlberg stated this is a standard bulk storage for gas stations. This deals only with the bulk storage tanks. The commercial site plan will be reviewed by the Staff at a future time to be sure that all ordinance requirements are met. Chairperson Dehn also noted that there will be another public hearing at the time of the preliminary plat. Andv Priola, Super America Enqineerinq Department - reviewed the size of the tanks, noting they are standard for Super America stations. They are the sizes needed to accommodate the amount of gas pumped into the vehicles. '\ / Mr. Ritters - saw a problem with discussing the gas station itself at a future time. If this permit is granted, they have the bulk storage and then they have to deal with the cosmetics of how it fits into their neighborhood and how it fits into the future improvements of Hanson and Bunker Lake Boulevards. If he saw a plan of what this would look like when completed, he would be more open to the idea of bulk storage. He still sees 18 wheelers driving up to a co-op. Commissioner Apel explained if they are within the parameters of the ordinance, they are , "\ \.-.J , \ U Andover Planning and zoning Commission Meeting Minutes - July 27, 1993 Page 3 "\ -) (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) allowed to use the property as they wish. That site has been set out specifically for this purpose. A Special Use Permit is required so the City can control their continued compliance with all ordinances. Mr. Carlberg also noted that some cities do not required Special Use Permits for the storage tanks. Andover does so the Fire Department knows what it is up against and also what the residents have in the area to be able to handle any problems. This is a permitted use as long as a certain amount of square footage is dedicated toward retail. He also explained the sketch plan and preliminary plat will deal with the subdivision of the property according to the platting and zoning ordinances, including drainage, wetland delineation, etc. This deals with the tanks themselves, not the buildings, screening, etc. Linda Miller, 1299 140th Lane - wanted to know if someone has looked at the hazards. If there would be a fire, would there be any chance of damage because of the heat factor and the chemicals to the landfill site that has been covered because of the close proximity of those two areas. Mr. Carlberg stated that has not been specifically looked at. The landfill site is quite a ways away from the location of these tanks. Both the EPA and PCA have set guidelines on the landfill itself as to a buffer area around the toe of the landfill and what land practices are allowed around it. He didn't think that would be a concern. , "' ) Ms. Miller - asked that the EPA be called and notified of this use. Commissioner Squires asked about the proximity of the transformers across from the proposed station. Mr. Carlberg didn't know if that would be a factor, though the owner has been notified and has not expressed a concern. He can look into those two items further. Mr. Priola - Super America meets or exceeds federal regulations for underground storage tanks. They have a complex system which has been submitted to the City -- a tank anchoring system, electronic line leak detectors, spill containment manholes, etc. It's state of the art material. They are putting gas under ground that will be going into cars within a very short period of time. Matt Krell, Super America - has never heard of an underground tank actually exploding. Whatever explosion would happen above ground. They are fiberglass' tanks with double walls. The underground lines are fiberglass. Mr. priola also explained if there was a leak in the initial tank or any leakage from the outside going into the tanks, their sensors would immediately notify them of a problem. "\ ; ) Curt Martinson, 1448 138th Avenue - abuts this property and stated it is too bad that the plans aren't available which would help answer some of their questions. He felt there is also the filling and emptying of the tanksr not the tanks per se. The problem comes in for the residents because of the extensive ponding system through the Hills of Bunker Lake with the filling and emptying of the tanks. Any leakage when filling of the tanks, any runoff or seepage will end up in their storm drainage system, the ponds and their ground water. That is very scary to the ,:,J '0 Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 4 '. / (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) residents in the area. They are also especially concerned about the buffer between the commercial and residential area. With the mitigation of the wetlands that must happen because of the driveway going north to access Hanson beyond the medians, they would like to know how that will be handled. They also want to know how a major spill and the general run off will be taken care of. with that much traffic through this type of station, there is a build up of gasoline and oil just from general spillage. They are concerned that will all run off into their ponds. It is the process of getting into the tanks and the result of the pumping out of the tanks that is the cause of most of the residents' concerns. With land and home values in that vicinity being very high, they want to know what is happening. What else will follow Super America in there? It is definitely a concern. Those are the questions they want the City and Super America to be answering. Commissioner Apel understood the concerns of the residents and wondered if the City's procedure could be such that all the concerns could be addressed at one time, because this same thing has happened many times in the past. Mr. Carlberg noted the procedure, and that they would not even proceed with the project if they were denied the ability to install the underground storage tanks. This is the first step. The property could be platted without knowing what is going to be put on the parcels. As long as they conform with the ordinance, it is a permitted use. , ) Joyce Twistal, Lot 4, Block 6, Hills of Bunker Lake 3rd Addition - requested that the public hearing be postponed until such time as an Environmental Assessment Worksheet is completed. She believed that would address the questions that Mr. Martinson raised. She knew Super America has been a good neighbor in other communities, but she is not aware of any ponding situations as close to a filling station in any other community. She understood that in order to install underground tanks, ground must be removed. She wanted to know where that would go. She also wanted to know what kind of pollution and what the water table is at the time that the soil is released. She felt there are a lot of issues that must be addressed before a recommendation can be made. She also asked that she be notified of any future hearings regarding this property even though she is outside the 350-foot area of notification. j Dave Chad, 1470 138th Avenue - realizes this is for a Special Use Permit for the tanks, but the next thing that has to follow is the overall site plan. He worked in an engineering department for over 15 years and site plans always had to be submitted. He didn't know how anyone could get away with asking for a permit for tanks without showing exactly what will happen if there is a leak there. He's not against Super America coming into that location; however, he would like to know where the drainage is going and where the buffer is. If he wants to sell his house five to ten years from how, will he be able to sell it? One of the major values of a house is the neighborhood. If he has a gas station sitting in his back yard with no buffer zone and no decent drainage, that neighborhood will go right down hill. He felt it would be prudent for Super America to get that information out to the \ "~ ,,) Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 5 (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) neighbors, at least the site plan. It would save a lot of time and grief to have all that information right now. Mr. Carlberg stated the drainage, wetlands and grading will be looked at during the time of the preliminary plat. This is just the first step. The Review Committee will look at the site plan to be sure it meets all commercial construction codes, screening, parking, etc. All of these issues will be looked at, plus the county will be involved because both roads are county roads. Mr. Chad - guessed that Super American had already done those plans or is at least working on them. It wouldn't take that much time to get that information to answer most of the questions for the residents. Chairperson Dehn asked Mr. priola if they would be willing to work with the neighborhood or a neighborhood representative to answer some of these questions for the residents. Mr. priola stated they would be willing to work with the residents and would supply an engineer to answer any of these questions. He explained they have done extensive work with the Coon Creek Watershed District and submitted an extensive delineation plan complying with all of their regulations. So the concerns of drainage are being addressed. They want to do everything they can to comply with the City's wishes. / Mr. Martinson - asked why they won't bring their plans to the residents. He is aware that Super America has done extensive final plans, having seen the drawings himself. The residents want to work with the City and understand commercial development will be there, but this specific situation brings special concerns. He thought an environmental worksheet has been or is being worked up on this specific Special Use Permit because of the nature of the permit self, and he felt as residents they should have the right to review that to answer their questions. Earlier it was said there would be a public hearing to potentially approve the preliminary plat, and now he is hearing that if it meets the City guidelines they would never have a chance to review it. Therefore, he felt they have been mislead slightly and urged the Commission to defeat this Permit, or at minimum continue it. The residents would like to petition to let the Commission know how vocal they are on this until they get their questions answered. Finally, Mr. Martinson felt when items like this come in a piecemeal fashion, it makes sense in the future to have preliminary plats completed. The City can require that to get all questions answered and potentially get away from all these issues. i / Mr. Carlberg stated a public hearing will be held for the preliminary plat, which deals with the site; but the use is a permitted use under the ordinance, and the site plan is reviewed by the Staff for compliance to all requirements. No resident will be notified if a permitted use goes on those lots. Commissioner Apel didn't think the City was doing the right thing any time it shuts the residents out. Chairperson Dehn agreed, noting that is why she suggested the communication between Super America and the residents. \ "-.J \ \..-J " ) Andover Planning and zoning Commission Meeting Minutes - July 27, 1993 Page 6 (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) Mr. Twistal - asked that City Staff meet with the residents to explain the ordinance requirements, the buffer requirements, etc., to satisfy some of the concerns. There are drainage issues that are important, re- emphasizing the environmental worksheet. The issues would be addressed if the document was before the Commission. She also requested that someone examine the fact that if the Special Use Permit is granted tonight, legally the City could not deny that plat. She requested the item be held over until a neighborhood meeting is held and their concerns can be addressed. Perhaps then they will support the issue. Ruth Kobany, 13826 Drake Street - was not so concerned about the safety of the tanks but what the City or state could do to keep the residents environmentally safe. Andover does not have a good record of keeping its residents safe from the hazards of the environment. It took ten years to clean the problem across the street. How long would it take the City to do something if there is a damage spill? , ) MOTION by Pease, Seconded by Jovanovich, to close the public hearing. DISCUSSION: It was determined that if the hearing is closed, the Permit would have to be voted up or down. The preference was to table the item to allow representatives of Super America to address the concerns of the residents. VOTE ON MOTION: 5-Noi 2-Absent (McMullen, Peek). Motion fails. MOTION by Apel, Seconded by Pease, to table this public hearing until such time as we can get some of the neighbors' questions answered. Hopefully, when it is rescheduled, we will have a clearer view of what we are doing and we can move forward on this issue. DISCUSSION: was on the issue of an environmental worksheet. Mr. Carlberg stated the ordinance does not require it. It may be required by the federal or state. The City's requirements are so it is known what is there. He can check with legal counsel to determine whether or not the City can ask for an environmental worksheet. Commissioner Apel stated he would not be willing to make that a part of the motion. Commissioner Squires stated Super America has the right to put the property to the uses allowed by ordinance within that zoning district. He lives in that area and would be as affected as anyone in the neighborhood, but he looked into that when he bought his house and knew that was General Business. There are concerns to be addressed, and it has been his experience in the past that Super America has been willing to work with the neighbors. He felt the City should also be involved to get that information as well to make a well informed decision. Mr. priola stated they are more than willing to have their experts work with the neighbors and include the City as well. Commissioner Pease felt it would be a good-neighbor policy to settle all the questions in advance so they can proceed in an orderly fashion. / Carolyn Clark, 1292 140th Avenue - asked if the Planning and zoning Commission would submit an ordinance that an environmental study is required to go with this type of proposal. Commissioner Apel stated ,-.J '--..J Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 7 / (Public Hearing: Special Use Permit, Underground Storage Tanks, Super America Group, Bunker Lake and Hanson Boulevards, Continued) that adding layers of bureaucracy, permits, etc. without real serious thought is adding to the problem. This is what caused the problem in the first place, that so many agencies are involved. It becomes very confusing. He felt working through the normal procedures, they will get the information they need to reach a decision. The Commission also noted such direction usually comes from the City Council. Mr. Carlberg stated if a worksheet is done, it would be wise for the City to require it to be submitted to be on file. Mr. priola stated they did a site assessment that would address the environmental hazards but not a formal Environmental Assessment Worksheet. Stan Dedon, 1460 l38th Avenue - stated he would provide the name of the president of the Hills of Bunker Lake Association as a contact person. Mr. Carlberg stated this will be continued for two weeks if all items can be addressed, or extended if necessary. VOTE ON MOTION: Carried on a 5-Yes, 2-Absent (MCMullen, Peek) vote. SKETCH PLAN: SUPER AMERICA GROUP, INC. - BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW, PIN 35-32-24-23-0005 , ) Mr. Carlberg explained the proposal by Super America Group, Inc., is to plat a six-acre General Business parcel into four parcels. It is located within the MUSA. The 100-year pond elevation will be required to be identified on the grading, drainage end erosion control plan as a part of the preliminary plat, plus drainage and utility easements for the 100-year flood elevations. The Anoka County Highway Department has received a copy of the plan and will be making comments regarding the additional right-of-way that may be required along Bunker lake Boulevard and the accesses to the parcels. The proposed lot dimensions meet the requirements of the zoning district. Mr. Carlberg thought the upgrading of Bunker Lake Boulevard is within the county's five-year plan. The county's 2010 Plan calls for both Bunker Lake and Hanson Boulevards to be upgraded to four lanes with medians. When reviewing the commercial site plans, the ARC Committee will be sure that all setbacks are in compliance. If there is a problem with the location of the proposed storage tanks discussed previously, the county will definitely flag it. The developers will also adhere to the City's Tree Preservation Policy. The Commission saw no problem requirements seemed to be met. reviewed by the City Council on wi th the proposal, Mr. ,Carlberg stated August 3, 1993. as all ordinance this item will be MOTION by Apel, Seconded by Pease, to forward the sketch plan as presented to the City Council. Motion carried on a 5-Yes, 2-Absent (MCMullen, Peek) vote. The Commission recessed at this time, 8:47; reconvened at 8:58 p.m. , \ \....) , '\ \.~ Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 8 , ) PUBLIC HEARING: SPECIAL USE PERMIT - GUN SHOP SPORTING GOODS STORE (RETAIL TRADE AND SERVICES), 1860 BUNKER LAKE BOULEVARD NW, ANDOVER FIREARM, INC. 8:58 p.m. Mr. Carlberg reviewed the request of Andover Firearm, Inc., to operate a gun shop and sporting goods store at 1860 Bunker Lake Boulevard. This business currently operates at 1714 Bunker Lake Boulevard and will be moving to the new address pending City approval of this Special Use Permit. He reported there have been no complaints or violence since Andover Firearm, Inc., has been in business with the exception of the one attempted robbery. Staff is recommending approval. " ) The hearing was opened for public testimony. Harrv Hibner, 1808 Cedar Place, Buffalo, MN - one of the co-owners of Andover Firearms. He stated two years ago the City agreed to a Special Use Permit. His business as increased to the point where he needs additional space and upgrading, expanding into wildlife art sales, Rocky Mountain boots, and a clothing line. As Andover grows, so does his business; and that is why he needs additional space. He plans to upgrade the building he is renting. Mr. Carlberg stated the biggest issue with the new location is that the parking lot will need to be brought up to code. The old Special Use Permit stays with the property at 1714 Bunker Lake Boulevard. Commissioner Squires asked about security in the new building. Mr. Hibner - stated they will do whatever they have to to comply with the ordinance. They will be occupying the ground level of the building, which is surrounded by ground and will be more secure than the current building. Bars and alarms will be installed before occupancy. The upper portion of the building is storage for the owner. He only rents the bottom portion. The Commission suggested the Permit be subject to an inspection by the Fire Marshal so safety concerns from a fire standpoint are addressed, plus some review by the Deputy Sheriff to be sure the security is adequate. Mr. Hibner - stated he does not have a black powder license and will not have it. He does have a substitute which is half the flash point. He carries less than 15 pounds of it, which has been approved by the Fire Marshal. MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on as-Yes, 2-Absent (McMullen, Peek) vote. , ./ MOTION by Squires, Seconded by Jovanovich, that the Special Use Permit to operate the gun shop and sporting goods store at 1860 Bunker Lake Boulevard be approved with the three conditions stated in the Resolution, with the added condition that the business, prior to being established, be reviewed by the Fire Marshal and Deputy Sheriff from the viewpoint of fire safety concerns and security concerns. Motion carried on as-Yes, 2-Absent (McMullen, Peek) vote. 9:13 p.m. '-) , ) -- / Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 9 PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 4.21, FENCES AND WALLS - LOCATION OF FENCES IN DRAINAGE AND UTILITY EASEMENTS 9:13 p.m. Mr. Carlberg reviewed the proposed amendment to regulate fencing in drainage and utility easements when the City deems it necessary to access the area for maintenance of the City utilities. The Commission had decided at the last meeting to make no change to the type of fencing allowed in residential areas. The public hearing was continued. There was no comment. MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. MOTION by Jovanovich, Seconded by Squires, to recommend to the City Council to accept the amendment to Ordinance 8, Section 4.21 regarding fences and walls. A public hearing was held and there was no opposition. Note that we discussed the ordinance and we do not wish to change the rest of the ordinance, just specifically address the drainage easements. This amendment does not address materials or anything else. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. 9:17 p.m. j PUBLIC HEARING: AMEND ORDINANCE NO. 10 - STREETS AND UTILITIES Mr. Carlberg asked that the item be withdrawn from the agenda. The intent was to amend the ordinance to require the paving of streets prior to the construction of houses; but upon further investigation, it has been agreed that a better alternative is to handle the item in the development contract. MOTION by Pease, Seconded by Apel, to withdraw this item. carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. Motion PUBLIC HEARING: MAJOR AMENDMENT TO COMPREHENSIVE PLAN - SEWER 9:20 p.m. Mr. Carlberg reviewed the proposed Major Amendment to the Comprehensive Plan to include 235 buildable acres (275 total acres) in the Municipal Urban Service Area. The areas chosen are contiguous to the existing MUSA area and were also determined by the date of request to be included in the MUSA by the property owners. There is a need to expand the MUSA to continue providing property for development and to be able to pay for the infrastructure already in the ground. He felt the Metropolitan Council will want to see the infill of these areas prior to extending beyond the current boundary. Also, property is not included in the MUSA unless the property owner requests it. If less acreage is granted by the Metropolitan Council, the City will determine which land will be included based on the date of the requests and the phasing maps. J , '\ i , I :......- Andover Planning and Zoning Commission Meeting Minutes - July 27, 1993 Page 10 J (Public Hearing: Major Amendment to Comprehensive Plan, Continued) Mr. Carlberg also gave a brief background regarding the current status of the City's Comprehensive Plan and the Transportation Study being required by the Metropolitan Council. The hearing was opened for public testimony. There was none. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. MOTION by Apel, Seconded by Pease, that the Planning and Zoning Commission forward to the City Council with the recommendation for approval of the proposed Major Amendment to the Andover Comprehensive Plan as presented. A public hearing was held and there was no comment. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. 9:36 p.m. OTHER BUSINESS Chairperson Dehn noted a Commissioner has violated the attendance regulations and asked for direction. The consensus of the Commission was to have Staff first ask for a letter of resignation, then prepare the necessary documents per the ordinance. Upon direction from the Council, Staff is to advertise for a Planning and Zoning Commission opening. There being no further business, Chairperson Dehn declared the meeting adjourned at 9:40 p.m. Respectfully~mitted, \~~~~L Recording Secretary , /