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HomeMy WebLinkAboutAugust 10, 1993 o () ~ rJ\~ , ...., CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - AUGUST 10, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Bonnie Dehn on August 10, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Becky Pease, Randy Peek (arrived at 7:37 p.m.) Bev Jovanovich, Jay Squires City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES July 27, 1993: Page 6, 4th paragraph, 9th line, Change "Commissioner Apel..." to "Commissioner Squires stated he would not be willing to make that a part of the motion." MOTION by Apel, Seconded by Pease, approval of the Minutes. Motion carried on a 3-Yes (Dehn, Apel, Pease), 3-Absent (Jovanovich, Peek, Squires) vote. o PUBLIC HEARING CONTINUED: 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) - SUPERAMERICA GROUP 7:33 p.m. Jim Deselms of SuperArnerica, 1240 W 98th Street, Bloominqton, MN 55431 - introduced five other representatives present plus several other store managers in the audience. He explained the facilities at this site meet and in most cases exceed all regulations, rules, laws and ordinances of the City, county, state and federal government. (Commissioner Peek arrived at this time, 7:37 p.m.) Mr. Deselms explained they met with the residents of the Hills of Bunker Lake and answered many of their concerns. Late this afternoon he received a fax from the residents with 15 very detailed and thoughtful questions relating to the project. He presented copies of those questions and stated because of their complexity and the limited time, he did not have time to have the engineers and other experts respond. He will respond to those questions in writing and send them back to Mr. Martinson. He stated he will continue to work with the neighbors, as they want to be a good neighbor. ,:j Terri Jen~en, Xerxes Corporation - represented the company manufacturing the fuel tanks. She gave a slide presentation indicating the construction of the all fiberglass double-walled tanks, the safeguards taken, the monitoring system, the installation, the warranty and tests done on fiberglass tanks. She stated SuperArnerica has purchased the top of the line in underground tanks. , ',,) , \._J Regular Andover Planning and Zoning Commission Meeting Minutes - August 10, 1993 Page 2 / (Public Hearing: Special Use permit/SuperAmerica/Hanson and Bunker Lake Boulevards, Continued) Mr. Deselms - stated the tanks that will be installed cost $40,000 more than steel tanks would. They do this for safety reasons. They also use double-walled piping to connect the tanks to the dispensers. I Andv Priola, SuperArnerica Enqineerinq Department - passed out copies of their Fuel Product Handling procedures used in all stores, which includes the extra precautions SuperArnerica takes if spills occur. He also demonstrated various products used on their pumps, all designed to prevent the spillage of gasoline products. He had samples of the impact valve at the base of the pumps which automatically shut off if a pump is hit above ground and a break away swivel by the nozzle and hose. Mr. Priola also explained the automatic shut-off at the nozzle and the emergency shut off at the console of the store that can be used by the cashier. Another precaution is a trough, which holds at least 25 gallons of gasoline, placed under the dispenser so if any gas leaks out, it can be cleaned up. Another precaution is a customer service representative is always in view of the island area and has a microphone to communicate problems. Mr. priola explained there are manuals in all stores on operating the nozzles and hoses. He also reviewed the contents of their car spills containment kit which is kept in all stores to clean up any gasoline spills. Mr. Priola also reviewed the procedures of the transporters that corne into the lot, noting their training, the precautions taken to avoid the spilling of any gasoline, and the safety and verification procedures. Mr. Deselms - assured the Commission that SuperArnerica takes safety precautions seriously because it is in their best interest to make sure they have the best in the industry and to do the best in the community. He then showed a drawing of the proposed development on the corner of Bunker Lake and Hanson Boulevards, reviewing the location of the store, canopy and pumps, underground tanks, wetlands, service road, and trees. They will be installing new plantings of hedges, trees, shrubs to make it aesthetically appealing. Because the service road will go through some wetland area, they will mitigate back into the storm water detention area. The organic soils will be removed from the road and stock piled. The storm water detention area will have the organic soils removed and stockpiled, then excavated out to the grade elevations required, then all organic materials will be replaced still meeting the requirements of the EPA and Coon Creek Watershed District. It would take a major, major spill to get all the way back to the storm water detention area. They have addressed that and they will continue to do so. They are working with the City's Staff, county, state and federal, DNR, EPA, PCA, and they will meet all regulations and cooperate. They will continue to work with the neighbors, and he requested favorable approval for their request for a Special Use Permit for underground storage tanks. ;' Curt Martinson, Representinq the residents in the Hills of Bunker Lake - also handed out their questions to SuperArnerica. He appreciates the fact that SuperArnerica has been working with their neighborhood group '" J " "~-) Regular Andover Planning and Zoning Commission Maeting Minutes - August 10, 1993 Page 3 \ (Public Hearing: Special Use PermitjSuperAmericajHanson and Bunker Lake Boulevards, Continued) and is continuing to workin9 with them. He stated no one in Hills of Bunker Lake is opposed to SuperAmerica or this project per se, but they believe there are several environmental facts and, issues that have not been answered. They, as residents, are finding out things all the time. They'd like to see the emergency preparedness plans as required by recent legislation. Their questions have more to do with the emptying and filling of the tanks and possible contamination that would corne from a spill. They are more concerned because of the ponding system in their developments that interconnect and eventually flow into Coon Creek. The skimmer pond intended for this site is intended to take care of the minor spills and runoffs from gas and oil. Their concern is that the skimmer pond is within 30 feet of their storm water pond, is not lined, and could leach into the soils next to their pond causing potential contamination of all five ponds if there is a major event. What is the risk for the residents if there is a major spill both environmentally and in the area of health. They would like SuperAmerica to outline to them any other options, the possibility of moving the skimming pond closer to the road for easier access by response teams in case of a major spill, and the buffer zone and what will be put in as additional buffering. In addition, he read from a petition signed by many of the residents opposing the Special Use Permit and the project because of the environmental concerns associated with the project that have not been addressed. He asked that they continue the process with SuperAmerica and that the Permit be tabled again until these issues can be addressed. If there is a major spill, there is potentially millions of dollars worth of risk, and he felt those issues should be addressed first. J Mr. Deselms - stated SuperAmerica has and will continue to work with the neighbors and work out all of the issues. He didn't want to make verbal statements regarding the questions of the residents tonight, preferring instead to have their experts respond in writing. He felt their response can be done in the same time frame as needed for the development of the project. He asked for approval of the Permit with the condition that they continue to work with the neighbors to improve that property within reason. Mr. Carlberg noted in reviewing the criteria for issuing Special Use Permits, it is the opinion of the Staff that all criteria are met, including working with the residents at the request of the Planning Commission. The ponding is being looked at during the commercial site plan process as well as the platting process to make sure this system and this site will function properly. They will take the information given by SuperAmerica and work with them. He did not think delaying the issue another two weeks ~ould resolve anything. J Mr. Martinson - stated SuperAmerica is not intending to build this station until the Spring of 1994. He believed there is enough time to table this item to allow SuperAmerica to answer their concerns and to work out the issues. The residents feel they could make major headway if they had another two weeks. Another major concern is what happens if there is a spill in the winter when the ground is frozen. The ditch \ \J \ , u Regular Andover Planning and Zoning Commission Meeting Minutes - August 10, 1993 Page 4 , J (Public Hearing: Special Use Permit/SuperAmerica/Hanson and Bunker Lake Boulevards, Continued) this gas may run into will flow through the culvert, into the skimming pond, will melt through the ice, and then into their ponding systems where retrieval will be very difficult. While they have met the minimums of the City, because of the nature and location of this station, he asked the Commission give them another two weeks to get the questions answered. Mike Raznick, Operational Zone Manaqer for SuperAmerica - had a number of managers and area managers present that are residents of Andover and concerned citizens of well. He invited any concerned neighbor or group to either travel with him or visit any of his managers' stores to see what SuperAmerica is. The basic element of SuperAmerica is the people. They are a $2 billion division of Ashland Oil; and if an unforeseen accident does occur, they take care of their liabilities. They are a highly responsible company. There will be companies coming into Andover and there will be gas stations. They feel they are the best and would like to provide that service to Andover. If there is anything he or his people can do to alleviate concerns, they will pick the people up and show them what they do. They are about to go into two days of meeting with the managers to go over emergency procedures and operations. They are in training constantly. Luckily, in his time with SuperAmerica, they have never had to implement any of the emergency procedures. They always have the best people and the best equipment. J Mr. Deselms - has been told if gasoline hits the ground and water in the winter, because of a chemical reaction the ice will melt down into a liquid form. Secondly, most likely because of the season and the procedures still to go through, there will be a spring construction. The problem is they have only have until September 17 on the option for the property. They have to make a decision with the property owner with assurance that they will be able to get the permits, plat, etc. MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 4-Yes, 2-Absent (Jovanovich, Squires) vote. '\ ) Chairperson Dehn commended SuperAmerica for the presentations this evening and cooperation , and commended for the neighbors for their involvement in the matter. She personally felt SuperAmerica has met all the criteria the City requires. Commissioner Apel informed the residents that the Commission is an advisory body, and most of the questions of the residents, while correct, are legislative issues that supposedly have been answered through the creation of other levels of bureaucracy that control these developments. Without a decision on this Permit, everything else is mute. He felt they have a legal, moral, and ethical responsibility to support people's property rights. The forum of the Commission is to decide whether or not SuperAmerica qualifies for a Permit. The City Council makes the final decision. He saw no reason to not approve the request. Commissioner Pease felt a lot of the questions will be answered in the process of platting and approving of the site through the legal process, and SuperAmerica has indicated a willingness to respond to the residents' concerns. , \- ) '../ Regular Andover Planning and Zoning Commission Meeting Minutes - August 10, 1993 Page 5 (Public Hearing: Special Use Permit/SuperAmerica/Hanson and Bunker Lake Boulevards, Continued) MOTION by Apel, Seconded by Peek, recommend that the Planning and Zoning Commission forward to the City Council with a recommendation of approval of the Resolution granting the Special Use Permit request of SuperArnerica as presented by Staff; add Number 5, it is recommended that SuperArnerica continue to interface with the neighborhood and address their concerns to the best of their abilities. Motion carried on a 4- Yes, 2-Absent (Jovanovich, Squires) vote. This will be heard by the City Council on August 17, 1993. 8:40 p.m. The Commission recessed at this time, 8:40; reconvened at 8:45 p.m. VARIANCE - CONSTRUCTION OF DECK ENCROACHING INTO SIDEYARD SETBACK FROM INTERIOR PROPERTY LINE, 1455 147TH AVENUE NW - MAUREEN SCHACHTSCHNEIDER Mr. Carlberg reviewed the request of Maureen Schachtschneider to allow for the construction and placement of a deck encroaching into the required 10-foot sideyard setback from an interior lot line. The house is located 11 feet from the sideyard property line. The request is for a two-foot variance for the deck which would encroach within 8 feet of the side interior property line. The City allows an 18-inch cantilever encroachment into the sideyard setback, so there will be a 4.5-foot deck to provide access to a full deck in the rear of the house. A sliding glass door exists three feet above ground level, and the deck accesses that door. Staff recommends approval. He also had photos of the house and property. The Commission felt the request is very sgraight forward and similar to others that have been granted in the City in the past. MOTION by Peek, Seconded by Pease, that the Andover Planning and Zoning Commission recommends to the City Council approval of the Resolution contained in the report with the following changes to the Resolution: Second paragraph, fourth line be changed to read, "...placement of deck support structure encroaching two (2') feet..."; and fifth paragraph, fifth line, be adjusted to read, " . . . of a deck support structure encroaching two (2') feet into the required sideyard setback. . ." Motion carried on a 4-Yes, 2-Absent (Jovanovich, Squires) vote. This will be placed on the September 7, 1993, City Council agenda. OTHER BUSINESS Mr. Carlberg reported Staff has submitted an advertisement in the Anoka Union and Shopper regarding the vacant Planning and zoning Commission position. There being no further business, Chairperson Dehn declared the meeting adjourned at 8:53 p.m. '~'~~~ ~~a~lla A. Peach, Recoraing Secretary