Loading...
HomeMy WebLinkAbout04/09/02CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX .(763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda April 9, 2002 Andover City Hall 7.00 p.m. 1. Call to Order 2. Approval of Minutes - March 26, 2002 3. PUBLIC HEARING Lot Split (02 -01) review for Matt and Tara Kuker for property located at 16055 Makah St. NW, Staff report by Courtney Bednarz, • City Planner. 4. PUBLIC HEARING Residential Sketch Plan review to create 16 urban residential lots on property located at the southeast corner of the intersection of Hanson Boulevard and County Road 20 (161 Avenue NW) for Penta Management Group, Inc. Staff report by Courtney Bednarz, City Planner. 5. PUBLIC HEARING: Review the Neighborhood Business Study prepared to evaluate the Neighborhood Business Zoning District for various properties throughout the City of Andover. Staff report by Will Neumeister, Community Development Director. 6. PUBLIC HEARING: Consider amending Ordinance 8. The proposed amendment would add Off -sale Liquor Stores as a Special Use to Section 7.03 of Ordinance 8 and establish criteria that would establish the number of liquor licenses allowed in the City, the zoning districts that Off -sale Liquor, Stores would be allowed to locate in, and establish performance standards for the minimum size and valuation for this type of use. Staff report by Will Neumeister, Community Development Director. 7. Other Business 8. Adjournment e CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w.. ANDOVER., MINNESOTA 55304. (763) 755-5100 FAX (763) 755-6923 TO: Planning and Zoning Conunissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2, Approval of Minutes . March 26,2002 DATE: April 9, 2002 Request The Planning and Zoning Commission is asked to approve the minutes from the March 26, 2002 meeting. . e e CITY of ANDOVER 1685 CROSSTOWN BOULEVARD'N.W. • ANDOVER, ;MINNESOTA 55304 • (763) 755 -5100 FAX (763) 756 -8923 PLANNING AND ZONING COMMISSION MEETING — MARCH 26, 2002' The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on March 26, 2002, 7 :04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Tim Kirchoff, Mark Hedin, Douglas Falk, Tony Gamache, Rex Greenwald, and Dean Daninger. Commissioners absent: There were none. Also present; CityPlanner, CourtneyBednarz Community Development Director, Will Neumeister Associate Planner D. Tyler McKay Others APPROVAL OFMINUTES. February 26, 2002. Motion by Falk, seconded by Gamache, to approve the minutes as presented. Motion carried on a 7- ayes, 0 -nays; 7- present, 0- absent vote. PARLANCE (02 -0I) TO ORDINANCE 8, THE ZONING ORDINANCE, TO REDUCE THE FRONT YARD SETBACK FOR PR OPER TY L OCA TED AT 2820135 AVENUE NW FOR KURT DALLMAN. City Planner Courtney Bednarz explained that Kurt Dallman, the applicant, is seeking approval of a variance to Ordinance 8 to reduce the front yard setback for property located at 2820 135`1 Avenue NW.'The applicant is planning to construct an addition to the existing structure on the subject property. The existing house was constructed in 1984 and is located between 31 and 32 feet from the front property line. Mr. Bednarz explained that at the time the structure was constructed, Ordinance 8 required a front yard setback of 30 feet. Since that time the ordinance has been amended to increase the required front yard setback for this zoning district to 35 feet. i Regular Andover Planning and Zoning Commission Meeting Minutes – March 26, 2002 Page 2 • As a result of this action, the structure became legal- nonconforming. He stated the Uniform Building Code does not allow building permits to be issued to expand nonconforming structures. A variance to reduce the front yard setback requirement is needed to allow the structure to be considered conforming and to allow a building permit to be issued for the addition. Mr. Bednarz noted the addition would be located on the east side of the existing structure. The addition is designed to angle toward the southeast to increase the front yard setback for the addition and to add architectural interest. The addition would have a front yard setback of 31.39 feet at the west end and approximately 46 feet at the east end. Mr. Bednarz presented the applicable ordinances and criteria that are used to determine the merit of variance requests. He noted the special circumstance for the subject property is the fact that the structure was built in compliance with established setbacks at the time of construction. An amendment to the Zoning Ordinance later increased the front yard setback and caused the nonconformity. A variance to the front yard setback is necessary to allow the proposed addition. Neither the existing structure nor the addition will be out of character with the existing neighborhood. — Mr. Bednarz stated the applicant has explored all other feasible options to locate the addition on the property. There is not sufficient space for the addition to be located on the west side of the building. Locating the structure in front of the building would a require a more substantial variance. The existing deck and a large Anoka County drainage and utility easement prevent the addition from being constructed behind the existing structure. He indicated it is important to note that the variance is needed primarily for the existing structure. Only the portion of the addition that is attached to the existing structure will be within the 35 -foot front yard setback. Mr. Bednarz indicated the request meets the criteria for granting a variance. It is recommended that the variance be granted to allow the Dallman's to move forward with the addition. Commissioner Daninger asked what kind of easement is in place on this property. Mr. Bednarz indicated that it is an existing 100 -foot wide County easement. Mr. Bednarz stated that the County Board will vacate a portion of the easement for the proposed addition Commissioner Falk asked if the Planning Commission should wait for the County approval. Mr. Bednarz indicated to the Commission that the meeting has been scheduled for late April in regard to the easement. Chair Squires asked for clarification, noting the Commission did not have to wait or place conditions upon this issue in regard to the easement. Mr. Bednarz stated the Commission could condition the motion if deemed necessary. He also stated this item is being brought forward at this time to run concurrently with county meetings scheduled for April 2 nd and • 9 th and to allow the addition to proceed within a reasonable time frame. Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 3 • Commissioner Greenwald indicated that due to undue hardship he is comfortable with the variance. Commissioner Greenwald noted he was unfamiliar with the Uniform Building Code provision that does not allow building permits to be issued for certain structures. Chair Squires asked whether the Uniform Building Code or Zoning Ordinance regulates this proposal. Staff responded that the building code would not allow a building permit to be issued without a variance to the front yard setback. Chair Squires asked staff to bring information forward on this item at the next meeting. Motion by Daninger, seconded by Hedin, to recommend to the City Council approval of Resolution No. 02 -01, approving the variance request for Kurt Dallman to reduce the front yard setback to 30 feet on property located at 2820 135 Avenue NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the April 2, 2002 City Council meeting. • PUBLIC HEARING: LOT SPLIT (02 -03) FOR ZERO LOT LINE SPLIT WITH VARIANCES TO THE R-4, URBAN RESIDENTL4L STANDARDS FOR PROPERTY LOCATED AT 3560142 LANE NW FOR JOHNSON CUSTOM HOMES. Mr. McKay explained that the applicant is seeking approval of a zero lot line split with variances to the R -4, Urban Residential standards for property located at 3560 143rd Lane for Johnson Custom Homes. The property contains an existing twinhome. The lot split will allow the units to be sold individually as owner occupied dwellings. Mr. McKay noted the property is zoned R -4 Single Family Urban Residential. At the time Kadlec Estates 2 nd Addition was approved, this lot was designated as one of two properties within the development where a twinhouee could be located. Mr. McKay presented the applicable ordinances and noted that Parcel A would be created from the western 13,119 Sq. Ft. of a 19,240 Sq. Ft. Parcel. The remaining parcel B would be 6,121 Sq. Ft. While Parcel A meets the minimum lot requirement, Parcel B Does not. A variance to the minimum lot area for parcel B is needed to allow the lot split. The lot size of Parcel B is not unusual for owner occupied twin homes in other areas of the City of Andover. He noted the staff report contains examples of a number of properties on 138 Court, which are comparatively below the minimum lot requirement • and are also owner occupied twinhomes. This lot is also not large enough for both new Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 4 • lots to meet the minimum requirements. If this lot is not split, the twinhoue will most likely be marketed as rental units. Mr. McKay stated the following findings have been identified for parcel B: 1. The lot is not large enough for both new lots to meet the minimum lot area requirements. 2. Parcel B is similar in size to other twinhome lots in the City of Andover. 3. There was special consideration to allow a twinhome on this lot at the time the plat was approved. 4. It is desirable to maintain the pattern of owner occupied housing in this neighborhood. Mr. McKay stated staff recommends approval of the lot split with a variance to the minimum lot size for parcel B. Chair Squire asked what the reasoning was for making Parcel A larger than Parcel B. Mr. McKay stated that the reason was to give as much space as possible to Round Lake Blvd. Commissioner Kirchoff asked why this was not done at the time the building was originally built. Mr. Neumeister stated that a plat approval was granted many years ago. • Motion by Daninger, seconded by Gamache, to open the public hearing at 7:22 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Hedin, seconded by Daninger, to close the public hearing at 7:22 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. The commission discussed twinhomes and issues in regard to what the norm was, such as lot size, and rentals not being in the immediate area, noting that if this variance were not to pass this residential lot would be rental property. Mr. Neumeister stated that the developer was issued a building permit at the time without getting a variance. Mr. Neumeister noted that he encourages granting the variance in order to have owner occupancy over setting it up as a rental unit. Commissioner Kirchoff stated why the variance would not have been granted back when it was built. Mr. Bednarz stated that the plat was approved 18 years ago and that he doubts the same level of review was given then as given now. Commissioner Hedin noted he is in favor of ownership, and asked if Council needs a • hardship finding. Mr. Bednarz stated that the hardship is that the property is not large Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 5 • enough to create two conforming lots and that the original lot size was approved with the plat 18 years ago. Chair Squires asked if a twinhome is typically in a R4 zone. Mr. Bednarz stated that it is not typically permitted in a R4 zone, however it was approved at the same time the plat was originally approved. Commissioner Greenwald noted if there was a time limitation to catch these types of issues, and asked if once a plat is approved is it a lifetime approval, or could it be revisited. Mr. Bednarz stated that once a plat is recorded to have a twinhome there, it is forever unless the plat is amended. He noted that when the building permit comes to Staff they review it for compliance with setbacks. Chair Squire stated that in over the ten years he has been on the commission this is the first time he has seen this issue. Mr. Neumeister stated that there may have been a provision in the past that allowed twinhomes on this plat, and to deny this now would be taking away a property right. Motion by Hedin, seconded by Gamache, to recommend to the City Council approval of Resolution No. 02 -03 approving the lot split request for Jay Johnson and Joe Hamm to • subdivide a urban residential lot into two urban residential lots with variances to the minimum lot size requirements of the single family urban residential (R -4) zoning district for property located at 3560 142" Lane NW. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the April 2, 2002 City Council meeting. PUBLIC HEARING: PRELIMINARY PLA T (02 -01) TO CREATE THREE COMMERCIAL LOTS AND ONE OUTLOT FROMA PORTION OF THE ANDOVER STA TION PROPERTY LOCA TED SOUTHEAST OF BUNKER LAKE BOULEVARD AND THRUSHSTREET NW FOR UNITED PROPERTIES. Mr. Neumeister explained that the applicant is seeking approval of a preliminary plat to create three commercial lots and one outlot from a portion of the Andover Station property located southeast of Bunker Lake Boulevard and Thrush Street NW for United Properties. The three commercial lots comprise approximately 20 acres of land area that the Andover Economic Development Authority (EDA) is planning to sell to United Properties for a new grocery store and retail shopping center. The Outlot is to remain under the EDA's ownership until United Properties exercises an option that is anticipated to be approximately one year from now. • Mr. Neumeister advised that the development agreement establishing the terms of the sale between the EDA and United Properties indicate that an association would be Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 6 • established for the parcels being created. Various elements, for which the association would be responsible, including common areas around the pond area and landscaping along the streets that abut the subject property, are covered in the association documents. As a part of this preliminary plat review, stipulations would be made regarding the preliminary plat that must be adjusted on the plat drawing before a final plat approval would be brought before the Council. Mr. Neumeister noted the approval of this preliminary plat also includes a private street (Quinn Street) that would become the responsibility of the developer to construct and maintain. This is also being stipulated in the conditions for the preliminary plat as well as included in the development agreement with the EDA. Access to Quinn Street will be controlled by the City and would be done with a transportation easement. Provisions are being made to require future construction of a sidewalk along the eastside of Quinn Street. The development agreement indicates that the City would hold a developers escrow for this construction, and in the event an option to buy Lot 3 is not exercised by United Properties, the sidewalk would be constructed by the City upon development of the option property using United Properties escrow. Mr. Neumeister reviewed the engineering issues as contained in the staff report. He noted the City Engineering staff have not found significant changes that must be made therefore they are recommending approval with the conditions that are listed in the "draft" resolution. • Mr. Neumeister then presented Ordinance 10 requirements for platting property in Andover and stated staff recommends approval of the preliminary plat, subject to the conditions of the draft resolution. Commissioner Greenwald asked in regard to 4.7 if the developer has applied for all the other permits necessary. Mr. Neumeister stated this is a contingency issue, which is standard procedure. Commissioner Hedin asked if Lot A were not to be bought, would Quinn Street then not be built. Mr. Neumeister indicated that they are responsible for building Quinn Street even if Lot A is not purchased, and noted that Quinn Street will be a private street. Commissioner Daninger commented on the building placement and asked why it would not be closer to the street. Mr. Neumeister stated that it is typical for a shopping center to be developed toward the back of a lot in order for the parking to be in front and the loading dock to be to the rear. Motion by Falk, seconded by Daninger, to open the public hearing at 8:05 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Barb Rayban, 13753 Partridge Street, stated her concerns regarding the shopping center. • She asked if streetlights would be put in and if the Bunker access was going to remain. Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 7 • Ms. Rayban also asked what type of businesses would be in the shopping center. Mr. Neumeister stated that streetlights would be put in and that they would have a downward cast light. He stated that the Bunker access would remain, and noted that the developer in the following presentation would present the types of businesses they are going to lease space to. Motion by Kirchoff, seconded by Gamache, to close the public hearing at 8:09 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner�Greenwald asked if Quinn Street would become a public street. Mr. Neumeister noted that this could possibly happen, however it would have to be brought back to Council as a separate issue from the developer after they close on the property. Motion by Daninger, seconded by Greenwald, to recommend to the City Council approval of Resolution No. 02 -01, approving the preliminary plat of "Andover Marketplace" by United Properties located in Section 34, Township 32, Range 24, Anoka County, Minnesota, legally described on Exhibit A, subject to the conditions of the draft res with changes presented by Staff to items g, h, and i on page 3. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Neumeister stated that this item would be before the Council at the April 16, 2002 • City Council meeting. ANDOVER MARKETPLACE COMMERCIAL SITE PLAN PRESENTA TION. Mr. Bednarz presented the commercial site plan for the Andover Marketplace project. He noted Knowlan's Grocery Store and a restaurant, which are in the first phase of this development. Mr. Bednarz gave a brief description of the overall structural look stating there would be many windows, brick exterior, awnings, and towers, giving an overall uniform appearance. Chair Squires indicated that the site plan was more for the Commission's review than to make suggestions. Mr. Bednarz stated that the developer would listen to any suggestions or upgrades from the Commission. A resident from the audience asked about the type of lighting included in this development. Mr. Neumeister stated that the lights would follow through onto Quinn Street, having the downward cast to not create a glare, and wall sconce lighting with the same downward cast would be on the exterior of the development. Commissioner Gamache asked what the hours of operation would be for Nolan's Grocery Store. . Mr. Bruce Carlson, representing United Properties, stated that the grocery store closes at midnight, and would have nightly stock personnel working after hours. Regular Andover Planning and Zoning Commission Meeting Minutes — March 26, 2002 Page 8 • Commissioner Gamache asked if the size of the grocery store would be comparable to Festival Foods. Mr. Carlson noted that it would be larger in size, would have competitive pricing, and includes a coffee shop. Mr. Carlson stated that the closest Knowlan's currently is in St. Paul, and that the owner is a very respected business operator. Mr. Carlson also noted the additional types of shops in the development would cater to neighborhood type services. He stated shops such as a drugstore, bank, sandwich shop, hair care, tanning, liquor, and video would be the types of stores to go in the development. Commissioner Kirchoff asked if the restaurant that is being built is a fast -food type restaurant. Mr. Carlson stated it would be a sit down restaurant with an outdoor patio seating area. Mr. Neumeister noted the EDA agreement to create a pedestrian environment in the development with a boardwalk being planned around the pond. Commissioner Kirchoff stated the possibility of having a multistory building. Mr. Carlson noted that a multi -story building is market driven, and that the EDA would consider a proposal. Mr. Carlson pointed out that it is difficult for developers to manage the usage of the building in a multi -story unit. Mr. Bednarz stated that he would encourage the residents to call or come to City Hall • with any questions or concerns regarding this issue. He noted that this development is not currently on the website. Commissioner Gamache asked if there would be signs posted at the site regarding the development. Mr. Carlson stated that posting signs at the site could be done. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the Neighborhood Business Study would be addressed at the next Planning meeting. ADJOURNMENT Motion by Falk, seconded by Greenwald, to adjourn the meeting at 8:44 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Rochelle Russo, Recording Secretary • TimeSaver Off Site Secretarial, Inc. 'O S TO: CC: FROM: Planning and Zoning Commissioners Will Neumeister, Community Development Director A Courtney Bednarz, City Plann s ., SUBJECT: PUBLIC HEARING: Lot Split (02 -01) to create two rural residential lots at property located at 16055 Makah Street NW for Matt and Tara Kuker DATE: April 9, 2002 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two rural residential lots. The existing house and detached garage will remain on one of the lots. The applicant has provided sufficient information to demonstrate the new property will be buildable. 0 DISCUSSION Buildability The subject property has a grade differential of approximately 25 feet from the west to the east. Soil borings were done to determine the location of mottled soil. The mottled soil follows the contour of the land, as will the lowest floor elevation. The following section describes the requirements for buildable rural lots: A2.Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 22,500 square feet of contiguous land area is buildable with a minimum width of at least one - hundred fifty (150') feet and a minimum depth of one hundred fifty (150') feet. In addition, there shall also be two (2) 5,000 square foot areas designated and staked for the primary and secondary on -site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall comply with Chapter 7080 as amended. The location of the primary and secondary sites shall be indicated on the preliminary grading plan and the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat. Said lot shall be required to have a finished grade of at least six (6') feet above the seasonal high water mark and shall also require CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • the lowest floor to be a minimum of three (3') feet above the seasonal high water mark or one (1') foot above the designated or designed one hundred (100) year flood elevation, whichever is higher. The applicant's engineer has provided detailed soil borings that have set the lowest floor elevation for the property. The applicant's engineer has prepared a `Buildable Area' plan to show how the required 22,500 square feet of buildable area for the house and 10,000 square feet for the two drain field areas can be provided. Access The new lot will need to be provided access from 7 1h Avenue. Although private driveway accesses onto county roads are not desirable, they have been granted for two similar lot splits for properties on the same block of Makah Street. It is the opinion of the City Attorney that the city cannot deny a lot split that meets all of the local ordinances simply to deny access. Driveway The driveway for the property must slope away from the garage a minimum of 18 inches for the first 50 feet to direct drainage. The driveway may then be brought back up to the grade level of CSAH 7. Future House • Due to the location of the access on CSAH 7, the east end becomes the front of the lot. All houses must face the front of the lot but may be rotated up to 45 degrees. It is anticipated that a future house will face northeast with a garage facing 7 th Avenue. This would accommodate the driveway location, maximize day and evening sunlight as well as provide a nice overlook of the wetland to the rear of the property. Conformance with Local Ordinances The following table compares the proposal with the regulations for the Single Family Rural zoning District (R -1): Proposed Lots Lot with House New Lot R -1 Requirements Lot Width 300 338 300 Lot Depth 320 289 150 Lot Area 2.5 acres 2.5 acres 2.5 acres Easements The attached plan indicates a drainage and utility easement over the wetland area of the new lot. The standard ten foot wide drainage and utility easement also needs to be established along all • property lines of both lots. A separate easement document will need to be prepared and recorded with Anoka County. This item has been added as a condition of approval. 2 0 Attachments Resolution Location Map Proposed Lot Split Letter in Opposition Public Notice ACTION REQUIRED The Planning and Zoning Commission is asked to recommend approval or denial of the proposed lot split. The proposed lot split conforms with local requirements. It is recommended that the Commission recommend approval of this request subject to the conditions of the resolution. Poe,& submitted, e Cc: Ma tt and Tara Kuker, 16055 Makah Street NW • 3 . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR MATT AND TARA KUKER TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16055 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract F, Registered Land Survey Number 72, Amoka County, Minnesota WHEREAS, Matt and Tara Kuker have requested approval of a lot split to subdivide a rural residential property industrial property pursuant to Ordinance No. 40, located at 16055 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 and 40; 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, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split 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 lot split on said property with the following conditions: 1. The lot split must conform with all buildability requirements of Ordinance 10. 2. The future house of the property must face the front (east side) of the lot but may be rotated up to forty five (45) degrees. 3. The driveway for the property shall slope away from the garage a minimum of eighteen (18) inches for a distance of no less than fifty feet. 4. Andover Review Committee (ARC) shall review said survey to determine that the survey substantially conforms to the intent of the approved lot split. 5. The applicant shall pay park dedication in the amount of $1,700. 4 0 6. The applicant shall pay a trail fee in the amount of $412. 7. That the applicant shall prepare and submit to the city for approval an easement document indicating a ten foot wide drainage and utility easement along all property lines of both properties and including the wetland area on the new lot. 8. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section IH(E). Adopted by the City Council of the City of Andover on this day of a 2002. • 9 CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria Volk, City Clerk E Matt and Tara Kuker Lot Split Request 16055 Makah Street NW Project Location Map W�E 8 City of Andover Planning Department u R � -- — — — — — — — - , — C cd Q; �ro 0 \ r� CO \/ \' iri Z \ M b W Cc w G f Y� N m 2S z u; X 6 O O d� O sir � fi r; 'T m e m Y,d_J a+ 0.. X • C cd � � �ro N \ r� CO \/ \' iri Z \ , b W Cc G CIO W 1 1 r J \ \ _ J T w Y a r m mud / ur a � O r � N t OJ pHIKWRI' S W q/�. �O Y �a° 6 o �- i 4 �:. 0 m m y _ � b yam m W� Mn,L90� a E c [U Z� u � k i m r E a �G �RN L '0N ' ry - g[bGZ 7K _ m u M i Gon o CO co U') O � 00 z 1 4 co 0 m Y N \ - \/ \' iri Z \ , b W b ` \ \ W f w a r m mud / ur a r CONCREn t OJ pHIKWRI' q/�. �O Y 4 �:. m m Q _ � Mn,L90� Or u Gon o CO co U') O � 00 z 1 4 co 0 m Y � � }^a S - _ KLIJ � n b 7 CONCREn OJ pHIKWRI' q/�. �O Y 4 �:. m m Q _ � Mn,L90� Or u `' rn o - r•' m do z•� o o; m N 4!4 , � m 9 ry w I6.s m -n n gp m j O o o m 89' lZ l \ tv T R1� \" • 4` c" Xm M m x w N � h i /! l p � m Z y J L ✓j � 6 m � m J i- n la_ t n O 4 ? O r' b T I_ U. C � C D LSt D c o .- N C C O r >. O L D C > O L D >. Q 0 0 :E N L C N L O 3 �c D• 0 — a O O V CL N S C C C� Qt C a , L l m c O N .0 x 3 ZD N a +0 L c Z ` t l i 1 F Y � � }^a _ KLIJ co b 7 CONCREn OJ pHIKWRI' m m Q _ � Mn,L90� Or o o m 89' lZ l \ tv T R1� \" • 4` c" Xm M m x w N � h i /! l p � m Z y J L ✓j � 6 m � m J i- n la_ t n O 4 ? O r' b T I_ U. C � C D LSt D c o .- N C C O r >. O L D C > O L D >. Q 0 0 :E N L C N L O 3 �c D• 0 — a O O V CL N S C C C� Qt C a , L l m c O N .0 x 3 ZD N a +0 L c Z ` t l i 1 F 0 January 22, 2002 Terry and Kelli Peterson 16094 7 th Avenue NW Andover, MN 55304 Mr. Courtney Bednarz City of Andover Planning Department 1685 Crosstown Boulevard NW Andover, MN 55304 RECEIVED . }AN CITY OF ANDOVER Re: Matt and Tara Kuker lot split request for 16055 Makah Street NW Dear Mr. Bednarz: We bought our home in October 1998, which is located adjacent to and directly north of the Kuker property, at which time their property was not subdivided. Part of the reason we bought our house was for view of the pond and wildlife to the south of our property. If the Kuker property were allowed to be subdivided, we would lose our view of the pond. We believe that -this would drastically reduce our property value, and only increase the value of the Kuker property. In addition, we believe that the current deer, geese, and duck habitats would be greatly hindered. Therefore, we strongly oppose the lot split request and recommend that it not be approved. If you have any questions, we can be contacted at (763) 784 -0657. Sincerely, -"1 P- 'terry and Kelli Peterson 0 RESIDENT 61 9109<AH ST T kndOWIMN 55304 kNDOVER CITY OF 685 CROSSTOWN BLVD 1NDOVER, MN 55304 :URRENT RESIDENT 16038 VALLEY DR kndover, MN 55304 <UKER MATHIAS A 16055 MAKAH ST NW ANDOVER, MN 55304 3URRENT RESIDENT 16107 7TH AVE 4nd0MIN 55304 CURRENT RESIDENT 16005 MAKAH ST Andover. MN 55304 MONROE MARK W & PATRICIA L 15961 MAKAH ST NW ANDOVER, MN 55304 CURRENT RESIDENT 15030 MAKAH ST Andover. MN 55304 CURRENT RESIDENT 4517 159TH AVE Andover, MN 55304 • TF JAMES COMPANY PO BOX 560 EXCELSIOR, MN 55331 ANDERSON GARY A & JUDITH A CURRENT RESIDENT 16038 VALLEY DR NW 16055 MAKAH ST ANDOVER, MN 55304 Andover, MN 553D4 CURRENT RESIDENT BACKOWSKI STEVEN A & DEBBI R 16019 7TH AVE 15960 VALLEY DRIVE Andover, MN 553D4 ANDOVER, MN 55304 CURRENT RESIDENT ANDERSON DENNIS E & MARYANN 15952 MAKAH ST 15952 MAKAH ST NW Andover, MN 55304 ANDOVER, MN 55304 FUDGE WILLIAM L & J A TRUSTEE CURRENT RESIDENT 15005 MAKAH ST NW 15961 MAKAH ST ANDOVER, MN 55304 Andover, MN 55304 CURRENT RESIDENT ANDOVER CITY OF 4517 159TH AVE 1685 CROSSTOWN BLVD NW Andover, MN 55304 ANDOVER, MN 55304 MOORE JOHN F & IDA C LARSEN PAULA J & FREDERICK F 16030 MAKAH ST NW 16107 7TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENTRESIDENT 4517 159TH AVE 4517 159TH AVE Andover, MN 55304 Andover, MN 55304 CURRENT RESIDENT SPENCER CARL A & GLORIA J 16090 MAKAH ST 12180 MAGNOLIA STREET NW Andover, MN 55304 COON RAPIDS, VIN 55433 DEAL JAMES D & PAMELA S CURREN SIDENT 16191 MAKAH ST NW BOX 159 0 ANOKA, MN 55303 A ver, MN 55304 CURRENT RESIDENT DOUGLAS BARRY J & SANDRA L 16080 VALLEY DR 16080 VALLEY DR NW Andover, MN 55304 ANDOVER, MN 55304, ANDERSON GARY A & JUDITH A CURRENT RESIDENT 16038 VALLEY DR NW 16055 MAKAH ST ANDOVER, MN 55304 Andover, MN 553D4 CURRENT RESIDENT BACKOWSKI STEVEN A & DEBBI R 16019 7TH AVE 15960 VALLEY DRIVE Andover, MN 553D4 ANDOVER, MN 55304 CURRENT RESIDENT ANDERSON DENNIS E & MARYANN 15952 MAKAH ST 15952 MAKAH ST NW Andover, MN 55304 ANDOVER, MN 55304 FUDGE WILLIAM L & J A TRUSTEE CURRENT RESIDENT 15005 MAKAH ST NW 15961 MAKAH ST ANDOVER, MN 55304 Andover, MN 55304 CURRENT RESIDENT ANDOVER CITY OF 4517 159TH AVE 1685 CROSSTOWN BLVD NW Andover, MN 55304 ANDOVER, MN 55304 MOORE JOHN F & IDA C LARSEN PAULA J & FREDERICK F 16030 MAKAH ST NW 16107 7TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 CURRENT RESIDENT CURRENTRESIDENT 4517 159TH AVE 4517 159TH AVE Andover, MN 55304 Andover, MN 55304 CURRENT RESIDENT SPENCER CARL A & GLORIA J 16090 MAKAH ST 12180 MAGNOLIA STREET NW Andover, MN 55304 COON RAPIDS, VIN 55433 allgMT RESIDENT 160 H AVE 4ndo er, MN 55304 DEAL JEFFREY P & DAWN M 16087 MAKAH ST NW 4NDOVER, MN 55304 PETERSON T K & ANDERSON K J CURRENT RESIDENT 16094 7TH AVE NW 16087 MAKAH ST ANDOVER, MN 55304 Andover, MN 55304 0 '0 0) TO: CC: FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners Will Neumeister, Community Development Director Courtney Bednarz, City Plann SUBJECT: PUBLIC HEARING: Residential Sketch Plan to create sixteen single family urban residential lots for Penta Management Group on property located at the southeast comer of Hanson Boulevard and County Road 20 (161 Avenue NW). DATE: April 9, 2002 INTRODUCTION — The Planning and Zoning Commission is asked to review a residential sketch plan for property located at the southeast corner of Hanson Boulevard and County Road 20 (161 Avenue NW). • The proposed sketch plan is located in an R -1, Single Family Rural Residential Zoning District. A rezoning to R -4, Single Family Urban Residential, will be necessary to process a formal plat. DISCUSSION Review Criteria Ordinance 10, Section 6 outlines the requirements for sketch plan review. The Planning Commission is asked to informally advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of city, county, state and federal agencies and possible modification necessary to secure approval of the plan. Submission of a sketch plan does not constitute formal filing of a plat. Conformance with local and Regional Plans The proposed sketch plan is consistent with the Andover Comprehensive Plan Land Use Plan as the property is designated Transitional Residential (TR). This designation indicates that the property will transition from rural to urban with the extension of utilities to the property. The property is located in the Metropolitan Urban Service Area (MUSA) and lies within the current growth stage (2000 -2005) in the city's sewer expansion plan. Municipal utilities can be extended to serve the entire development. Conformance with Local Ordinances Ordinance N6.10, Section 6 The applicant is required to sketch the entire property under review and surrounding properties in enough detail to indicate how streets, lots, drainage and utilities can be configured to incorporate undeveloped areas in the future. • The property abuts undeveloped properties to the east and south. Sketches of these properties are attached. The property to the south must be provided access from the proposed development because no other access can be provided to the property. The sketch shows a cul -de -sac design that will accommodate the existing house and provide eight lots. The property to the east also contains an existing house and detached garage. Staff has worked with the property owner to develop the cul -de -sac sketch included in the attachments. This is the design preferred by both property owners. A through street to the west was also considered. The street would affect a wetland, eliminate Lot 4 and possibly another lot, and increase infrastructure costs. Another scenario would position four lots to receive access from Crane Street NW as indicated in the attached sketch. Ordinance No. 10, Section 9.06a(1) Bu ildability The front 100 feet of each lot must be buildable. Lots adjacent to wetlands must provide a minimum of 116.5 feet between the front property line and the delineated edge of the wetland to • provide adequate rear yard area for each lot. The lowestfloor must be a minimum of three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is greater. Lots 9 and 10 would require a considerable amount of wetland area to be filled to meet these requirements. The applicant must receive a permit from the Coon Creek Watershed for this to occur. The type of wetland, amount of fill and attempts to avoid the wetland are considerations in this regard. All of the other lots appear to be able to meet the buildability requirements. More certainty will be provided as a part of the preliminary plat review. Ordinance No. 8, Section 6.02 Minimum Lot Provisions This section requires a minimum lot size of 11, 400 square feet and minimum lot width of 80 feet at the building setback line. This section also provides a minimum lot depth requirement and building setbacks for the future houses. All of the lots proposed on the sketch plan would meet the minimum lot area, lot width and lot depth requirements of this ordinance. Outlot A is proposed to be created with this project. The outlot is 14 feet wide at the street and expands to 23 feet at its west edge. The outlot is proposed to be added to the property to the • south in the future to achieve the eight lot design indicated on the sketch plan. The outlot does not meet the minimum lot provisions and is unbuildable. This conflicts with Ordinance 10 Section 9.06I. which prohibits this situation. • The applicant is seeking a variance to this provision, again, to allow this piece to be used with the property to the south when it develops. In reviewing the sketch, staff has determined that the property to the south will be able to provide eight lots that meet the minimum lot width requirement without the additional land from the proposed outlot. Staff also is concerned about the difficulty that will be encountered in trying to site an average size house in conformance with side yard setback requirements on Lot 10. The lot meets the minimum lot width requirement at the setback line, but narrows considerably where a building pad would be located. Staff recommends that all or a portion of the outlot be used to expand the width of Lot 10 to prevent severe limitations on the style and size of house that could be placed on this lot. Any additional area within the outlot should be distributed among the other lots on the west side of the proposed street. Ordinance 9.03 Streets This section provides the minimum right -of -way requirements and design criteria for streets. The sketch plan includes two cul -de -sacs that exceed the 500 foot maximum length requirement • and would require variances. The north cul -de -sac measures 580 feet. The south cul -de -sac measures 870 feet. This measurement is taken from the intersecting centerlines of 160"' Avenue NW and Drake Street NW to the east. The south cul -de -sac has no potential for external access. Access to the north and west is eliminated by existing intersections and the spacing requirements along county roads. Access to the south is restricted by existing houses that front on 159' Avenue NW. The north cul -de -sac is the only one that could be eliminated. This could be accomplished by constructing a street through the undeveloped property to the east to connect with Crane Street NW as discussed above. Staff believes that the cul -de -sac creates better design because it does not eliminate lots and does not impact the wetland along the north edge of the property. Staff believes that findings can be made for the variances and recommends that variances for both cul -de -sacs be granted. Existing Structures The subject property contains an existing house, detached garage, fences, and an above ground propane tank. Lot 2, Block 2 has been set up to accommodate the existing house and garage. Improvements that will be located on other lots (fences, propane tank) within the proposed 40 development will be required to be removed. Park and Recreation Commission Comments . The Park and Recreation Commission reviewed this item at their February 21st meeting. The Commission recommended that park dedication be paid for each of the lots within the development. Other Ordinances The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No. 8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding • this item. Attachments Attachment A Location Map Attachment B Sketch Plan Attachment C Preferred Sketch of property to the east Attachment D Public Notice Attachment E Engineering Comments ACTION REQUIRED The commission is asked to informally advise the applicant on the merit of the proposal and any modifications the commission feels are necessary. Staff recommends a favorable response to the proposal with the adjustments recommended in the staff report. Res ect ly subin tted, e nar • Cc: Mike Quigley, Penta Management Group, 1875 Commercial Boulevard NW El Penta Management Group, Inc. Residential Sketch Plan 4 N 0 W E Project Location Map s City of Andover Planning Department 1 1 0 Z 161ST AVE ` Z 161ST AVE LN 1 _ _ \ r ffi •c / / \ ` / / \ \ \ \ \ 2 { V 4 N 0 W E Project Location Map s City of Andover Planning Department Constance go - . 7" - a'W - WF /a.k.a. An a County High. Hight of ft y p7of Na 20 octal mw — 7 7% v\ I ' d N.E. (a.k.a. C.S.A.H. NQ. 20) — -— _ ty Highway Right of Way Plot No. 20 Ewt rp Comm 635.07 f— Edoe eraennws Surlece •�— _ — __ SaC M',9 "F — — _ — <S9J�_.Sa — No. line MN1 w, /a Sac. l<, 311. SM1 �— 245.4 swnn �„a n ca. 150.5 ` —�.7) Iret 5M R1W Prof N er!'ti Ieryr. 1 �T —•_. _ ^ - i— — i ` f 16.5' 14rdLAND � • ^ -... c l� BUFFER AREA'^, � ' �•, l L � y � I ..`.. n` ' 49518 " - -- 4 F. ��- / 51,16 5 :` . \� ' a °� ~+ - JS ! Rs8010 ~ !I I \ l - , r , /16;12_8 S.F, - i � ;' � � ���� lest N /< �I /a. ' '1 —: '— ___— � — _— '_-- - -_•,! _ � _ r r n 14 ?S S.F - 14 ,910 S.F. 1� R TAN I I f — } _ a - 3013 426 63.a'Y 2617 5611 ;'-- - -- - -• ��g ---� 4-• �_ —I — --- \ A _ 3 F _.. _tR 47 TpIT _ \ oazz a1a/a.sB va.a '� 1 1 (8�� ' I— ��' � °� s°` �—�� 'i�' 1 i' + r•; 4 i ~ - iii --- 1 1= 2 II i 1 °I �1 I 3 N o j 422 S.F. s9.767 AD _ I III ; ; I ! i �� \o M9.6 In TH 7 3 7 ° .W&n15,929 S.F. Poea 1 r _S Q) f I; I f ql. I ` I •F . CURRENT RESIDENT i �3 161 ST AVE OVER, MN 55304 143224230008 CURRENT RESIDENT 1507 159TH AVE ANDOVER, MN 55304 143224320021 CURRENT RESIDENT 1543 159TH AVE ANDOVER, MN 55304 143224320018 CURRENT RESIDENT 1567 159TH AVE ANDOVER, MN 55304 143224320016 CURRENT RESIDENT 16157 HANSON BLVD ANDOVER, MN 55304 024230006 CURRENT RESIDENT CURRENT RESIDENT 1444 161 ST AVE 1487 161 STAVE ANDOVER, MN 55304 ANDOVER, MN 55304 143224320011 143224230004 CURRENT RESIDENT CURRENT RESIDENT 1519 159TH AVE 1531 159TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 143224320020 143224320019 CURRENT RESIDENT CURRENT RESIDENT 1555 159TH AVE 1567 159TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 143224320017 143224320016 CURRENT RESIDENT CURRENT RESIDENT 15941 HANSON BLVD 1606 161 ST AVE ANDOVER, MN 55304 ANDOVER, MN 55304 143224320006 153224410002 CURRENT RESIDENT ASHFORD DEVELOPMENT 1657 161ST AVE 3640 152ND LANE ANDOVER, MN 55304 ANDOVER, MN 55304 153224140001 143224320016 • 1"Er;q;it#t1fj ~/1~(d~ f . '--'--:-' ,,,,." :-' "",:-"-'",, - ,-" - :-:. '.'.:- ,,- '-:-" . .1, Thewetlanddeiin~ations will need t6beverified andap'proved 'by tlle.CooriCreek Watershegpistrict . 2,'1tis recommended that thePlanning& Zoning Comrrii~sion require the sUbd,ividertoshow -adjacent----c-'- property and sketch how the property between Lots 3/4 and Crane Street NWTrlChesterton 'Commqns . .. NorthZOdAddition 'couldbedevelopedasrequired in Ordinance 10. S'ectiQn'6,020nthe sketch plan. , .,Directaccess directly onto 161S' Avenue NWor Hanson BOU.levard'NW:iS notaUcwedbyprdinance for ,those lots that haveJrontage alongbqthroads. , " ....', .',,' -'" .... '.' 4, Exislin9E3.asernent(pri\iate&.public) ;willneed tobeidE;:ntified'on tnesketcQ plan and ev~ntuaHyon t~e. preliminary plat and whichones,wilJ .l'ieed to bevacated,,' . " '.' ..' ,.... . 5. Needlo mElet the. r(9quirements of theCity qf Andovet Water Resource M'an?gement Plan, ." ..... . . . .6,T~edeveloperisresponsible lciobtairi the necessary permits from the Coon Greek WalersheclDistrict, ,DN~,US ,ArmyOorps of Eng ineersoriilnY qtherage[lcy tha(may beinteres;ted in ther:;ite, .... 7,N~edtosubmjtatree protection plan with the submittaLofthe pre\imin:;lry,plat::',< ..... .. . ..' 8.' The 'developer'will ne.edto petition for improvemE;:nts (sanitarysewer!watermCiin, streets and storm sewer), '., '" ..... '. .. ...... .' .... ... '.' . '.' '" ' . '.. . g,Needto n;eetrequirements of Ordinance 8&JO andall other ordinances that?lPplylothesite. . 1 O-'.iY'v'etlandBuffer Ordinance #114 applies 10 the r:;ile; .'......'..', . " . .'. ..'..... ........ .". ..... '. ' 11. A trailwiUneed to be considered along 161~Avenue NWahdHapson Boulevard NW,' j Z.-Need.review by the Park&.Recre!3tionCornm.issionasto the park dedication requirements. . 13:A temporarycui-de-s,ac will be necessary' at the south end of the prmJosednqrth,-south street as required inOrdin?lnce10,' .' ...... . . .{.. ....', ..> .' ,.'" ...... ..... .,' . 14" OuUotAisby definilio[l in Ordinanc7 10; Se~tiop$.96Iis considered a 'lot i-eninantasthelot is below. . minimum 101 area jn dimensil:lnand must:oe 4.cided to adjacent orsunwnding lots rather than be allowed to remain as an unusable outlotorparcel; . ". .......... '. '. '.' .,' 15,happears tha{Lots9&1 DCio. ,not meet the:1 00 foot. buildable requirements as required inOrdinal1ce. .10, Section 9;06 Ai,' '. .... ..... .' '. .0'. ,'. ." '. .... ".;'. '. . . ..... 16.ltapp~arsthatthe existing building may notmeetbuiidingsetbCickrequiremenfr:; c>rmay needtoobtain . Variancesfotthosebuildings fo(setbacks, Need to ejiscussthis withthe.RJanf)ing[)6partment:. . ' , 17.. The cul-de-sac lengtQexceeds.th~rhaximum'lemgthof500feet. ... ,.,: ""<" " .... .'.....:. .... '.' .... '.' . '. ,i.~, The pot~ntlaLstreetconnectionfromthe north' cul-de"sac toerame Street NWwll(need to be reviewed.' . 9.:a~rje~~~~s:tessfromt~eexisting home~nd de~ache~ g~raQe will ne~d t~berel~cat~a ~~. the new ..' . . street... ," ....... ..... ..... .. .', . '.' . .' . . 20, Additi~nalcomments pending fUrlherreliiew, . ., le s TO: FROM: Planning and Zoning Commissioners Will Neumeister, Community Development Director W�L SUBJECT: Consider Neighborhood Business District Study DATE: April 3, 2002 INTRODUCTION In February, 2002, the City commissioned a study of the Neighborhood Business District. Northwest Associated Consultants prepared the initial draft of the study and it was reviewed at a joint workshop of the Planning Commission and City Council on March 21, 2002. Direction was given to staff to prepare revisions and bring back t2the Planning Commission on April 9, 2002. This report contains those revisions and will be another chance for the Planning Commission to provide input and direction into amendments to the Land Use Plan and Zoning Ordinance. • DISCUSSION Significant changes since the last review include: 1. Adding one additional Land Use category Limited Commercial (LC) that would establish office park areas in the city (see page 4). 2. Suggestion that some of the sites being reviewed could have a dual land use designation. The site along Hanson Boulevard would be one such site. It could be designated LC/MDR to allow it to be used either as an office area or a site for medium density residential. 3. Amend the Zoning Ordinance to remove "Service Stations" and "Twenty-four hour continuous operations" from uses allowed as Special Uses in the Limited Business (LB) Zoning District. 4. Amend the Zoning Ordinance to exclude "Service Stations" from uses allowed as Special Uses in the Neighborhood Business (NB) Zoning District. A site that was originally missed in the first draft of the study is now addressed in this report, with a recommendation that it be allowed to stay as Neighborhood Business (NB). But the amendment to the Zoning Ordinance is necessary to avoid a use that would be of great impact to the surrounding area. 5. Various adjustments to the language in the report (i.e. land use and zoning recommendations). ACTION REQUESTED Review the revised study and make recommendations for changes and amendments to the study. CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • Respectfully submitted, = -_t Will Neumeister • E 10( ) City of Andover Neighborhood Business District Study TABLE OF CONTENTS Introduction............................................................ ............................... Comprehensive Plan ............................................... ............................... 2 Zoning Ordinance .................................................... ............................... 6 SiteEvaluations ....................................................... ............................... 14 Conclusion.............................................................. ............................... 40 0 • City of Andover NB - Neighborhood Business District Study INTRODUCTION • The City of Andover has contracted with Northwest Associated Consultants, Inc. to undertake a study of designated neighborhood business sites within the community. Andover has 15 properties zoned Neighborhood Business (NB) within the community, as designated on the Zoning Map. Nineteen such sites are indicated on the City's Comprehensive Plan Land Use map. The City recognizes the need for commercial and industrial uses within the community to provide a broad range service and employment opportunities for residents, and also to support the local tax base. However, an over - riding priority is development of cohesive land use patterns that establish compatible uses for surrounding areas. For the most part, these zoning designations were established prior to the most recent 2001 Comprehensive Plan update. Continued growth and development within the City has evolved its character to the extent that the appropriateness of these neighborhood business locations have been questioned. To evaluate the implementation of neighborhood business uses and specific locations, the City must consider the general philosophy for neighborhood commercial locations, appropriate land use types, scale and performance standards, and site issues such as surrounding land uses, traffic generation, and public facilities. To this end, this study is intended to evaluate the City's goals for neighborhood commercial land use and neighborhood business zoning designations based upon current City policies and various area or site characteristics. The end result of this evaluation is to make recommendations as to possible changes to the Comprehensive Plan, Zoning Ordinance, or Zoning Map. This report is divided into two parts. The first part is a review of the City's existing and past Comprehensive Plan and Zoning regulations for neighborhood commercial uses. The second part of this study is a detailed analysis of each of the nine sites currently guided or zoned for Neighborhood Business (NB) that are undeveloped with recommendations as to changes in land use guiding and zoning. 0 (amended by City Staff on 4/03/02) Page 1 City of Andover NB - Neighborhood Business District Study COMPREHENSIVE PLAN • Commercial Land Use - -As noted in the Economic Overview Chapter of the Comprehensive Plan, commercial land use in Andover comprises a small amount of the total land area. While residential growth rates have been increasing, new commercial development has not followed. The Comprehensive Plan cites a lack of major regional transportation corridors as one factor in the lack of commercial land use developing in the City. In general, the City's existing commercial development pattern evolving from that of a rural community to that of an active participant in the development boom occurring in the northern Twin Cities suburbs. This change in community character will impact the result in development of larger commercial nodes along minor arterial corridors through the City, reflecting more regional shopping and employment patterns. The City has designated three major commercial nodes at Hanson Boulevard /Bunker Lake Boulevard, Round Lake Boulevard /Bunker Lake Boulevard, and Hanson Boulevard /Crosstown Boulevard on the Land Use map. Nineteen neighborhood commercial sites are designated on the Land Use map. Goals and Objectives - -The Andover Comprehensive Plan outlines a broad set of goal and objective statements intended to guide the City's comprehensive planning land use decisions. The goal statements are the most generalized statements of the Comprehensive Plan's vision, while objectives are intended as means to realize these goals. Those which apply to the location and development of commercial land uses are outlined below: Goal 1: Maintain a high degree of community planning and involvement. Applicable Objectives: D. Encourage commercial development along major thoroughfares, especially at major intersections to discourage strip development. Goal 2: Allow growth while maintaining the quality of natural resources and amenities. Applicable Objectives: B. Promote, protect, preserve and enhance residential, agricultural and open space in Andover through implementation of land use ordinances. 0 (amended by City Staff on 4/03/02) Page 2 City of Andover NB - Neighborhood Business District Study Goal 3: r::ncourage r,,ppropriate economic growth, and redevelopment. Applicable Objectives: A. Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties. B. Minimize potential zoning and land use conflicts by providing transitional zones or buffers between commercial, light industrial and residential activity and review regularly. C Allow limited commercial growth to serve residential areas outside of the urban service area. D Create and enhance commercial nodes for clustering neighborhood commercial activities. Goal 4: Plan for the externalities of future growth. Applicable Objectives: A. The following issues shall be part of the review process prior to any rezoning or Comprehensive Plan amendment: • IL Roads and Traffic 41, Sewer and Water qk Schools q: Parks Engineering /Inspections Fire Police Fiscal Capacity of the City Land Use Districts - -Based upon the goals and objectives cited above and generally within the Comprehensive Plan, the Comprehensive Plan establishes more specific polices through land use districts and a land use map. The purpose of the land use districts is to ensure compatible development, and to protect natural resources and amenities. The Comprehensive Plan explains that the designation of the various commercial locations within Andover is based upon a number of factors, including access to major traffic corridors, rapid residential growth creating an under served market and growing trade area. To meet the expected commercial activity created by the expanding market within the community, the Comprehensive Plan designates two commercial land use Districts; The NC, Neighborhood Commercial District and the GC, General Commercial District. The focus of this study is the undeveloped areas guided for Neighborhood • Commercial (NC). The Comprehensive Plan establishes guidelines for development of (amended by City Staff on 4/03/02) Page 3 City of Andover NB - Neighborhood Business District Study the commercial areas within the City. Staff recommends that a third new commercial land use district (e.g. Limited Commercial) be added to the City's Land Use Plan. Limited Commercial (LC) would specifically designate the nature of the more sensitive commercial areas that should be established in sensitive locations. The new language that should be added to the Land Use Plan includes the following: Limited Commercial (LC) land use district is designated for locations in the commu that should be limited to primarily office uses. The areas also n extra care to be taken to protect surrounding residential areas from traffic and noise associated with more intense commercial activities. Area Requirements: 1 to 5 acres City Utilities: Only within the MUSA Corresponding Zoning District: LB - Limited Business Type of Development: Primarily Offices Development Criteria: Buffer uses adjacent to residential areas. Neighborhood Commercial (NC) land use district is designated for businesses that serve local neighborhood needs. Care should be taken to properly separate neighborhood commercial locations from other commercial centers and properly screen activities and traffic from surrounding residential areas. Area Requirements: City Utilities: 1 to 5 acres Only within the MUSA Corresponding Zoning District: NB - Neighborhood Business Type of Development: Retail trade and services serving the immediate area Development Criteria: Create development nodes and avoid strip development One item of concern is that the Comprehensive Plan lacks a specific statement establishing a priority for establishment of larger General Commercial (GC) areas. Because of the City's changing character, the opportunity to encourage and invest in . major commercial centers is becoming possible. Development of these larger (amended by City Staff on 4/03/02) Page 4 City of Andover NB - Neighborhood Business District Study ZONING ORDINAti e_`1E The City of Andover adopted and administers a Zoning Ordinance for the purpose of implementing its Comprehensive flan to protect public health, safety, convenience, and general welfare based upon public service capacity, land use compatibility, and growth management principals. The Zoning Ordinance establishes various Zoning Districts and a Zoning Map that includes four business districts: LB - Limited Business NB - Neighborhood Business SC - Shopping Center GB - General Business First, staff recommends that the City maintain its Limited Business (LB) District as part of the Zoning Ordinance update. Given the range of uses presently allowed and proposed to be allowed within the NB District, its designation in close proximity to developed residential areas may be problematic. Secondly, with slight revisions, the LB District would provide the City an option to designate sites for uses that may be more appropriate in sensitive areas. The key element to making this concept work is the removal of both "Retail Trade and Services" and "Twenty -four hour continuous operations" from the LB district. • Using a four tiered approach to commercial zoning districts, the purpose of each district may be defined as follows: LB Limited Business The Limited Business District is to provide for the establishment of buffer uses adjacent to residential areas. NB Neighborhood Business The Neighborhood Business District is intended to provide for the establishment of low to moderately intense retail, office, or service activities that deal directly with the customer for whom the goods and services are furnished. The implementation of this district is to provide goods and services on a limited community market scale and located in areas generally served by collector or arterial streets at the edge of residential districts not served by other commercial areas designated by the Comprehensive Plan. SC Shopping Center . The Shopping Center District is to provide for land in single ownership or unified control for the purpose of developing a planned shopping center (amended by City Staff on 4/03/02) Page 6 City of Andover NB - Neighborhood Business District Study with a unified and organized arrangement of buildings and service facilities at locations well served by collector or arterial streets as • designated by the Comprehensive Plan. G B General Business The General Business District is intended to provide for the establishment of commercial retail, office, and service activities that draw from and serve patrons from the entire community or region in areas designated for General Commercial Use by the Comprehensive Plan. Current (LB) — Limited Business Zoning District Of these four commercial districts, the LB District is intended to provide buffer uses adjacent to residential areas that do not create significant traffic issues or noise and odors. To this end, the LB District allows for the following: Permitted Uses (Section 7.01 of the Zoning Ordinance): Public and private forests and wild life reservations and public parks. Public elementary, junior and senior high schools. - - -- Public owned and operated property except as herein amended. Public utility uses for local service when located within public right -of -way. All other public utility uses require a special use permit. Barber Shops, Beauty Salons and Tanning Studios Business Schools Day Care Centers Financial Institutions Medical and Dental Clinics Mortuaries and Funeral Homes Professional Offices Professional Studios Rest Homes and Nursing Homes Veterinary Clinics (no outside pens or animal storage). Permitted Accessory Uses (Section 7.02 of the Zoning Ordinance): Any incidental repair, process, and storage necessary to conduct a permitted principal use but not to exceed thirty (30 %) percent of the floor space of the principal building. Special Uses (established by Section 7.03 of the Zoning Ordinance and which require processing of a Special Use Permit pursuant to Section 5.03 of the Zoning Ordinance): Churches • Restaurants (amended by City Staff on 403/02) Page 7 City of Andover NB - Neighborhood Business Oi. ? ict Study Retail Trade and Services (Staff recommends removal of this as a Special Use). Twenty-four hour continuous operation of permitted uses. (Staff recommends • removal of this as a Special Use). Current (NB) - Neighborhood Business Zoning District Of these four commercial districts, the NB District is intended to provide the framework for development of the properties designated on the Comprehensive Plan Land Use map for Neighborhood Commercial (NC) land uses. As stated in Section 6.01 of the Zoning Ordinance, the NB District is to provide uses for retail sales and services in such scale to serve the surrounding neighborhood's needs. To this end, the NB District allows for the following: Permitted Uses (Section 7.01 of the Zoning Ordinance): Public and private forests and wild life reservations and public parks. Public elementary, junior and senior high schools. Public owned and operated property except as herein amended. Public utility uses for local service when located within public right -of -way. All other public utility uses require a special use permit. Day Care Centers Financial Institutions Medical and Dental Clinics Mortuaries and Funeral Homes • Professional Offices Professional Studios Restaurants Retail Trade and Services (staff is recommending adding the following language: except service /fuel stations) Permitted Accessory Uses (Section 7.02 of the Zoning Ordinance): Any incidental repair, process, and storage necessary to conduct a permitted principal use but not to exceed thirty (30 %) percent of the floor space of the principal building. Special Uses (established by Section 7.03 of the Zoning Ordinance and which require processing of a Special Use Permit pursuant to Section 5.03 of the Zoning Ordinance): Outdoor display only during operating hours Service Station after minimum 2,000 sq. ft. of retail floor space is constructed (staff recommends adding the following language: provided the site is two acres or larger). Veterinary Clinic or Pet Hospital with no outside pets Options to Consider - -The range and character of uses allowed within the NB District • are generally within the intent of the Comprehensive Plan to provide uses oriented to a (amended by City Staff on 4%03/02) Page 8 City of Andover NB - Neighborhood Business District Study smaii neighbo l cod trade area. It is noted however, that the uses are fairly • generalized with no limitation placed on the scale of the businesses. Also, certain uses allowed in the District may have inherent characteristics that make them inappropriate for the NB District. In reviewing the list of uses, restaurants as a permitted use and service stations as a special use may raise issue. Both of these uses are potentially intensive uses that may create a negative impact to a specific area due to their character. Restaurants --To address this issue relative to restaurants, the City may consider a number of options. First, the City may consider whether such uses should remain in the NB District, and if they do remain at what scale. The City should include definitions of various restaurants within the Zoning Ordinance and specify in which zoning districts such uses are allowed. It is common for cities to distinguish sit -down or family type restaurants, convenience (fast food) restaurants, and take -out and delivery only food services. The basis for such distinction is the differences in activity generated by each use. Convenience food uses will typically generate more activity, thereby increasing potential impacts, due to the quick customer turnover of their business. In creating more specific categories of restaurants, Andover may better define which types of businesses are appropriate for the NB District. Lastly, the City may also consider making restaurants a Special Use within the NB District to allow for greater oversight and review of any development proposal. Service Stations- -The allowance of service stations within the NB District may also create potential negative impacts for adjacent properties (especially residential uses) due to the character of these developments and typically high levels of traffic generation. It is recommended that they be allowed as a Special Use in the NB District provided their site is two acres or larger. General Performance Standards - -in addition to the uses and standards outlined for the specific NB District, the Andover Zoning Ordinance outlines a number of generalized standards applicable to the use of these sites. These standards include requirements for bulk storage of fuel, exterior storage, refuse, screening, landscaping, property maintenance, site lighting (glare), signs, off - street parking, off - street loading, traffic control, drainage, storage of explosives, drive -in businesses, emissions, building materials, nuisances, building height, and coin - operated machines. These standards are reflective of the community's adopted Comprehensive Plan goals for maintaining a high degree of community planning intent on preserving and enhancing residential, agricultural, and open space in Andover. Zoning Ordinance Update - -The Zoning Ordinance update would expand the number of allowed uses within the revised NB District to include those additional uses listed below: Permitted Uses: Bus/Transit Station without Vehicle Storage Private Clubs /Lodges (Staff recommends that this be made a Special Use) • Temporary Outdoor Promotion or Sales (amended by City Staff on 4/03/02) Page 9 City of Andover NB - Neighborhood Business District Study Special UF,.s: • Drive Through Business Liquor License Mining /Land Reclamation (Staff recommends removal of this as a Special Use) Outside, Above /Below Ground Storage of Bulk Fuel (500 gallon or more) Planned Unit Development Vehicle Wash Note - -The only use presently allowed within the NB District not to be included as part of the update is public elementary, junior high, and high schools. As with the current allowance: of restaurants and service (gas) stations within the NB District, the expanded range of uses includes uses such as bus terminals, drive - through business, vehicle washes, and mining that may be too intensive for the intended purpose of the NB District. The decision as to whether these uses are appropriate within the NB District is a policy issue to be decided by City officials. However, several of these uses have intensive characteristics that may present compatibility issues with surrounding residential uses. If these more intensive uses are to be allowed, it should onty be as a Special Use. In establishing various Special Uses, the City should prepare specific performance standards to address potential negative impacts unique to the respective use. Administration — Special Uses are typically regarded as those activities which may be appropriate in a given location provided that measures are taken to mitigate certain characteristics of the use that may result in compatibility issues with surrounding uses. A use is to be approved subject to certain conditions meant to ensure compatibility which may be subject to continued review or modification over time as the use or area changes. Given the intensity of the uses conditionally allowed within the present NB District, the administration section of the Zoning Ordinance takes on greater importance. The Zoning Ordinance provides for administration of Special Use Permits in Section 5.03. The provisions provide generally for the amendment of approved permits, periodic review of approved permits, and state that cancellation of approve permits may occur under the procedures for rezoning. Section 5.03.D requires that approved permits will expire after 12 months if the City Council determines that no significant progress has been made in implementing the permit. While the intent of the language is proper, its structure is somewhat vague and should be strengthened to outline clear procedures for the expiration, review, and revocation of approved permits. The Zoning Ordinance may be amended to accomplish this objective with the following language: A Implementation. Unless otherwise specified by the City Council at the time it is authorized a Special Use Permit shall be null and void if the applicant fails to utilize such Special Use Permit by • completing all improvements and fulfilling each and every condition (amended by City Staff on 4/03/02) Page 10 City of Andover NB - Neighborhood Business District Study attach thereto wi thin one (1) year from the (.'a of it • authorization unles petition f an extension of time i n which to complete or utilize the permit has been gra provided that: 1. The extensi is requ in writing and filed with th Zoning Administrator no less than thirty (30) days prior to th expiration of the initial Special Use Permit. 2. T request states fa demonstrating that a good faith attempt has h een made to complete or utilize the use or activity allow by the Special Use Permit. 3. A maximum o f one (1) administrative extension shall be granted. 4. The adminis extension shall not exceed ninety (90) days from the expiration date of the initial Special Use Permit. 5. An extension of a Special Use Permit greater than ninety (90) days may be approved by the City Council, upon receiving the recommendation of City Staff and the Planning Commission provided that: • a. The conditions described in Subsection A.1 to A.4 are satisfied. b. The extension shall not exceed one (1) year from the expiration date of the initial Special Use Permit . B. Amendment. No significant change in size, circumstances or scope of operations for a use allowed by an approved Special Use Permit shall be undertaken or allowed to remain uncorrected for any significant period of time without approval of an amendment. 1. What circumstances constitute a significant change or changes shall be determined by the City Council and may include, but are not limited to, expansion of structures and /or premises. operational modifications, that effect the intensity of use, failure to timely repair or replace structures or machinery necessary for the use approved, substantial changes in the scope of the approved use removal or abandonment of any important facility or use, hours of operation, number of employees, increased traffic and the like. r1 U (amended by City Staff on 4/03/02) Page 11 City of Andover NB - Neighborhood Business District Study 2. H of a Special U se Permit may re an . arr � ndment to the per at anv ti pursua to the provi sions for a new Special Use Permit set fo h in this Se ction. 3. T Planning Commission or City C may initiate an am of an existing Special Us Permit if a finding is made that the c ircumstanc e s or scope of the proposed use ha changed significantly, including the application of add itional or revised conditions pur to the following a•ogess: a. The application she be proc and considered pursuant to the pr fo new Special Use Permit set forth in this Section. b. The Zonina Administrator shall notifv the responsible holder of the permit of the app and that they have an opportunity to appear before the Planning Commission and/or Citv Council to show cause why the permit should or should not be amended. C. The Zoning Administrator shall provide the responsible holder of the permit a notice of any is decision as well as a copy of the proceedings and adopted findings of the City Council. C. Revocation. The Plannina Commission may recommend, and the City Council may direct the revocation of an existing Special Use Permit for cause, upon determination that the authorized conditional use is not in conformance with the conditions of the permit that there has been a substantial change in the use or facility not in conformance with the original approval, that facilities or uses integral to the original approval have been abandoned or not timely replaced or repaired or is in continued violation of existing City Ordinances, Codes or other applicable regulations. 1. The Planning Commission or the City Council may initiate an application to revoke an approved Special Use Permit subject to the following procedure: a. The application shall be processed and considered pursuant the procedures for a new Special Use Permit as set forth in this Section. b. The Zoning Administrator shall notify the responsible • holder of the permit of the application and that they have (amended by City Staff on 4/03/02) Page 12 City of Andover NB - Neighborhood Business District Study an o pportunity a opear b efor e the Plan Com an / or City Cou to show cause why the permit not b e revoked. c. The Zoning Administrator shall provide the respo hold of the permit a notice of any de as well as a cop of the proceedings a nd adopted findings of the City Council. • 0 (amended by City Staff on 4/03/02) Page 13 City of Andover NB - Neighborhood Business District Study • SITE EVALUA TIt ANS The City of Andov :r has 19 sites guided for NC, Neighborhood Commercial use by the Comprehensive Pl n and 16 sites zoned NB, Neighborhood Business District on the Zoning Map. In ilhis section of the Study, a detailed analysis of ti ie nine undeveloped sites guided for Neighborhood Commercial use or zoned NB District has been prepared. At the end of each site analysis, staff makes a recommendation on the appropriate action to take. In evaluating the appropriateness of the current land use or zoning designation, criteria such as consistency with the Comprehensive Plan, compatibility with surrounding land uses, utility and service availability, and traffic generationfaccess were considered. The application of these criteria in the evaluation of individual area analysis is described below: Comprehensive Plan. As described in a proceeding section, the Andover Comprehensive Plan outlines development goals, objectives, and policies for the City. The goal and objective statements within the Comprehensive Plan provide definition and context to the generalized land use categories shown on the Land Use map. With regard to designation of areas for commercial development, these goals and objectives provide for delivery of commercial services and expanding the City's tax base, while emphasizing compatible and functional land use patterns as a priority in Andover's growth. As such, the designation of future commercial land uses for a given parcel must be considered within the framework of the City's stated goals. Land Use Compatibility. The various study areas have been evaluated with regard to their compatibility with existing and planned land uses, as well as surrounding zoning. The City should establish a Land Use category of Limited Commercial (LC) to accomplish the objective of preventing intense commercial development from being in conflict with adjacent residential uses. The Neighborhood Commercial areas are designated on the Land Use map for businesses that serve local neighborhood needs. The Comprehensive Plan specifically notes an issue with land use compatibility stating that care needs to be taken to properly screen commercial activities and traffic from surrounding residential areas. The proximity of several of the neighborhood business sites to general commercial centers suggests that they are part of a larger commercial node with a larger service area. The accumulative attraction of a larger commercial node may lead to the introduction of uses that are more intensive and draw additional patrons beyond that intended by the neighborhood business land use is designation and NB Zoning District. (amended by City Staff on 4/03/02) Page 14 ----- --- r ~"--~ -~...... ..- >-~, . I I I - I , I , I >--> ~ I :::l (f) I :....: C0 OJ C) ~ ~ 0 >- "" (/) 0 lZi ..- f-Of- 0 Cf.)WZ I --0 cr.> LUf-<( c: cr.> S::;::i -< <l) 8 c I IU:J .~ f-O(/) (.;....., OCCf.)Z ~ 0(/)0 0 I I -0 I z<(u >--. 0 I . S ....... C I ....... a U I .D I '-!y bo i I Q I z i City of Andover NB - Neighborhood Business District Study Traffic; Generatio o. The traffic generated by any given land use .nd its impact on the existing street system is a critical community development issue. The generation of high traffic volumes adjacent to or within low density residential areas or on a street with insufficient capacity is to be avoided. �b Utility Availability. Development of commercial uses typically requires provision of sanitary sewer and water services for waste disposal and fire protection. The impact this kind of development will have on existing systems must be evaluated in regard to the appropriateness of the various land use designations. Areas of Andover that include undeveloped properties planned for neighborhood commercial uses or that are zoned NB District will be reviewed individually in this report. The following paragraphs detail this analysis and also provide individual . recommendations as to the land use and zoning appropriateness for the subject sites. Area A - Hanson Boulevard and 139 Lane • is E xisting Conditions Area A consists of two p=arcels located northeast of Hanson Boulevard and Bunker Lake Boulevard. Each of these parcels was guided for commercial land use under the City's 1991 Comprehensive Plan and is currently guided for NC, Neighborhood Commercial use by the current Comprehensive Plan. The two properties are zoned NB District. The following table illustrates the dimensions of the properties within Area A: Lot Area Lot Width Lot Depth Site A -1 5.5ac. 600ft. 400ft. Site A -2 5.2ac. 650ft. 350ft. Site A -1 is located east of Hanson Boulevard between 138 Lane and 139 Lane. The property is undeveloped and has some scrub vegetation scattered on the property and a few trees at the northeast corner. The property is generally higher in elevation than surrounding streets or properties and slopes downward to the east. There is a ponding area to the east of the property at the rear of a block of single family residential lots. Site A -2 is at the northeast quadrant of Hanson Boulevard and 139 Lane, north of Site A -1. The property is heavily wooded with a general slope down from west to east. There are two deep swales through the center of the property that may impact development potential of the site. (amended by City Staff on 4/03/02) Page 16 City of Andover NB - Neighbor,�ood Business District Study SurrO LIndinq Land. Uses is Existing and planned land uses surrounding the subj,-. - .t parcels are identified in the following table: 0 0 (amended by City Staff on 4/03/02) Page 17 Existing Use Existing Zoning Comprehensive Plan Land Use North _ Single Family R -4, Single Family- URL, Urban Residential LD Residential Urban East Single Family R -4, Single Family- URL, Urban Residential LID Residential Urban OS, Open Space Bunker Hills Public Park South Medical Office /Clinic NB, Neighborhood NC, Neighborhood Business Commercial West Convenience Gas GB, General Business GC, General Commercial Station GB, General Business GC, General Commercial Power Transfer GB, General Business GC, General Commercial Station Undeveloped 0 0 (amended by City Staff on 4/03/02) Page 17 I� § i 0 500 Feet NORTHWEST ASSOCIATED CONSULTANTS City of Andover NB - Neiyht_ %orhood Business District Study The primary issue for comp. tibility of thc-se two si s is providing for an appropriate transition to the single family residential areas to the east of the subject sites. Given the change in elevation between Site A -1 and the residential uses to the east (which are lower), attention must be given to the c;iientation of any use and providing for an appropriate transition. Traffic generated by any use of the property may also be an issue as 138 Lane and 139 Lane, which abut the property, are local streets that provicac: direct acc,ss into the neighborhood to the east. The ,wooded na?i , of Site A -2 provides a means to buffer the surrounding residential uses, as does tM location of Bunker Hills Park. Again, topography issues on this property may serve to limit the development potential of the site. The location of existing residential uses to the north however presents some compatibility problems due to their proximity. Commercial land use of these properties is likely to be impacted by the City's plans for a General Commercial area west of the Hanson Boulevard and Bunker Lake Boulevard intersection. As described in the Comprehensive Plan, retail and business activity at this location is Experiencing steady growth with an increase of housing within the market area during the 1990s. Areas_ designated for General Commercial land uses are intended to provide for a wide variety of commercial activities on a larger, more intense scale than Neighborhood Commercial areas. Therefore, it may be expected that the area west of Hanson Boulevard would develop a range of uses that adequately serve the population within the immediate trade area. An area southwest of the Hanson Boulevard and Bunker Lake Boulevard intersection is the subject of a specific redevelopment plan that would include community commercial, office, and entertainment uses. Designation of Neighborhood Commercial uses east of Hanson Boulevard may lead to development that is an expansion of the General Commercial area and more intense than intended by the Comprehensive Plan. Access Site A -1 has frontage to Hanson Boulevard, 138 Lane, and 139 Lane. Site A -2 has frontage on Hanson Boulevard and 139 Lane. Hanson Boulevard is a two -lane road therefore, a use that generates significant traffic may necessitate construction of turn lanes in order to avoid disrupting traffic. 138 and 139 Lanes are local streets that primarily provide access to residential neighborhoods east of the subject sites. The ability of these streets to carry significant traffic is limited and may be disruptive to residential uses to the east. 9 (amended by City Staff on 4/03/02) Page 19 City of Andover NB - Neighborhood Business District Study The Anoka County ?015 Transportation Plan designates Hanson Boulevard (CSAH 78) as a "A" Minor Art, vial Street. Under the Ar,oka County functional classification system, is the emphasis of minor arterial roadways is on mobility rather than IaInd access. The plan specifies that direct land access within the MUSA is to be limited to concentrations of commercial or industrial uses. Access to Hanson Boulevard is subject to approval of Anoka County. Any access to 138` Lane and 139 Lane would need to be setback 60 feet rrom the Hanson Boulevard intersection, per Section 8.08.E.3 of the Zoning Ordinance. This would allow stacking distance f(:)r only three or four cars at the intersection. Shifing the any access to the local streets farther west has the effect of moving traffic closer to the established neighborhoods. Utilities Area A -1 and A -2 sites are with the City's current 2020 Municipal Urban Service Area (MUSA) and are within the existing gravity flow service area for sanitary sewer. Recommendations Development of Sites A -1 and A -2 with commercial uses may present land use compatibility challenges based upon their physical characteristics, traffic generation, and surrounding land uses. Further, the development of these sites with commercial uses may attract patrons from beyond the surrounding area due to business interchange with the planned general commercial area to the west of Hanson Boulevard. The location of these sites at the periphery of a larger commercial area may increase the intensity of a commercial land use on Sites A -1 or A -2 beyond scope of neighborhood commercial uses anticipated by the Comprehensive Plan. In order to address compatibility with the surrounding residential uses, the City may consider redesignating the sites for dual land use designations on a given piece of property (i.e. Urban Residential Medium Density (URM) and /or Limited Commercial (LC) on the Comprehensive Plan Land Use map). A medium density residential land use would serve to buffer the existing residential uses to the east from traffic on Hanson Boulevard and planned intensive commercial uses to the west as encouraged by the Comprehensive Plan's stated objectives. Existing residents would not be deprived of shopping opportunities as a result of a land use change for Sites A -1 and A -2 given the scope of the general commercial land use designation defined by the Comprehensive Plan. However, these two sites may present an opportunity for Limited Business (LB) as a transition between the residential areas and commercial area west of Hanson Boulevard. These two sites may be appropriate for designation as a reconstituted LB District, eliminating potentially intensive retail commercial use. Under such a scenario, the City would look for development of an office use similar in scale and intensity to the medical clinic located at the southeast corner of Hanson Boulevard and 138`" Street. 41 (amended by City Staff on 4/03/02) Page 20 City of Andover NB - Nef r!;borhood Business District Study Area B - Hanson Boulevf r•d and 155 Lane ✓� Exi ting Conditions Area B consists of two par located at the southwest quadrant of Hanson Boulevard and 155 Lane, which are part of the Grey Oaks subdivision. Sites B -1 and B -2 were guided by the 1991 Comprehensive Plan for Rural Residential Uses. The current Comprehensive flan sugg( sts Neighborhood Commercial use for the properties. The two sites are zoned M -2 [district as part of the overall project approval, which limits potential uses of the sites .-:.cifically to gas station, offices /retail, or daycare. Sites B -1 and B-2 are curie >ntly vacant. The topography of each site is flat and there are some mature trees along the south property line. The following table illustrates the dimensions of the properties within Area B: Surr ounding Land Uses Sites B -1 and B -2 will be surrounded by residential uses. There are existing single family homes to the east and south and a multiple family townhouse development under construction to the north and west. The single family uses to the east are separated from the subject sites by Hanson Boulevard. The rear yards of the single family uses to the south abut Sites B -1 and B -2, but are buffered by existing mature trees. Lot Area Lot Width Lot Depth Site B -1 1.6 ac. 280 ft. 250 ft. Site B -2 1.4 ac. 240 ft. 260 ft. Surr ounding Land Uses Sites B -1 and B -2 will be surrounded by residential uses. There are existing single family homes to the east and south and a multiple family townhouse development under construction to the north and west. The single family uses to the east are separated from the subject sites by Hanson Boulevard. The rear yards of the single family uses to the south abut Sites B -1 and B -2, but are buffered by existing mature trees. The nearest competitive commercial location is a General Commercial area designated at the Hanson Boulevard and Crosstown Boulevard intersection, approximately one - quarter mile to the south. (amended by City Staff on 4/03/02) Page 21 Existing Use Existing Zoning Comprehensive Plan Land Use North Undeveloped M -3, Multiple URM, Urban Residential Dwelling MD East Single Family R -4, Single Family- URL, Urban Residential Residential Urban LD South Single Family R -4, Single Family- URL, Urban Residential Residential Urban LID West Undeveloped M -3, Multiple URM, Urban Residential Dwelling MD The nearest competitive commercial location is a General Commercial area designated at the Hanson Boulevard and Crosstown Boulevard intersection, approximately one - quarter mile to the south. (amended by City Staff on 4/03/02) Page 21 Imo' Site B -2 !`mil I IWN rArMl 0 500 Feet NORTHWEST ASSOCIATED CONSULTANTS City of Andover NB - Neighborhood Business District Study Acress • Access to sites B -1 and i3 -2 will be from 155 Lane, which has been designed and constructed vti/i h left turn lanes. Site B -1 also has frontage on Hanson Borlevard, which is designated as an "A" Minor Arterial road by the Anoka County Transportation Plan. No access to Hanson Boulevard from Site B -1 is planned. Any such access would require approval by Anoka County. Site B -2 has frontage to Hummingbird Lane, which p ovides a connection between neighborhoods. Due to its local street character, no access to this :street is planned. Pcdestrian access to Sites B -1 and B -2 is provided by trails along 155 Lane and Hummingbird 1_ane within the multiple family townhouse development. Utilities ' -' ; B -1 and B -2 are within the 2020 MUSA and sanitary sewer service was extended to he properties as part of the Grey Oaks subdivision in 2000 according to the Sewer Expansion Plan. Municipal water service was also extended to service the subject sites at the same time as sanitary sewer. Recommenrt : < tions The general location, utilities, and access for development of Sites B -1 and B -2 with neighborhood commercial uses has been planned for as part of the approval of the Grey Oaks subdivision. More specific issues will require attention during the site design and review process including building location /orientation, landscaping and screening from adjacent uses, lighting, signage, etc. No change to the Land Use map or Zoning Map designations for Sites B -1 and B -2 are recommended. 0 (amended by City Staff on 4/03/02) Page 23 City of Andover NB - Neighbonh. nod Business Pistrict Study Area (° (.3rosstown Boulev�:rd and 141 Lary,-, • Existing Conditions Area C consists of one undeveloped parcel located along Crosstown Boulevard between i 1-1 Land -nd 142 "d Avenue. The City's 1991 Comprehensive Plan guided the propel y for Residential - Urban Single Family Use. The current Comprehensive Plan guiG ;s the site for Neighborhood Commercial. However, the pry -perty is zoned R- 4, Residential Urban Single Family District, but a PUD allows for commercial use. The site is within one mile of the NB District commercial area at Crosstown Boulevard and Bunker I-ake Boulevard. The property is flat with no existing vegetation. The following table illustrates the dimensions of Site C -1: Surrour n g Land Uses Site C -1 is surrounded on all sides by developed single family uses. The single family uses to the north and south are separated from Site C -1 by local streets, but the residences face the subject site. The site abuts the rear yards of the single family uses to the east. The single family uses to the west are across Crosstown Boulevard with rear yards adjacent to the roadway. Lot Area Lot Width Lot Depth Site C -1 2.8ac. 300ft. 550ft. Surrour n g Land Uses Site C -1 is surrounded on all sides by developed single family uses. The single family uses to the north and south are separated from Site C -1 by local streets, but the residences face the subject site. The site abuts the rear yards of the single family uses to the east. The single family uses to the west are across Crosstown Boulevard with rear yards adjacent to the roadway. The character and configuration of surrounding land uses raises question as to the planned neighborhood use of Site C -1. The only physical feature that exists to provide a transition between a commercial use and the surrounding single family uses is a small earth berm along the easterly property line. (amended by City Staff on 4103102) Page 24 Existing Use Existing Zoning Comprehensive Plan Land Use North Single Family Residential R -4, Single Family- URL, Urban Residential Urban LD East Single Family Residential R-4, Single Family- URL, Urban Residential Urban LD South Single Family Residential R -4, Single Family- URL, Urban Residential Urban LD West Single Family Residential R -4, Single Family- URL, Urban Residential Urban LD The character and configuration of surrounding land uses raises question as to the planned neighborhood use of Site C -1. The only physical feature that exists to provide a transition between a commercial use and the surrounding single family uses is a small earth berm along the easterly property line. (amended by City Staff on 4103102) Page 24 OQO CD City of Andover NB - Neighborhood Business District Study Acr, -ss 0 Site C -1 has froniage to Crosstown Boulevard, which is designated as a "B" minor ari:rial by the Anoka County Transportation Plan. Direct property access to minor arterial roads is io be limited except for concentrated commercial nodes, whereas this site is a single isolated property. Access to Crosstown Boulevard from Site C -1 is sub c.;ct to review and approval by Anoka County. Site C -1 also has frontage to 141 Lane -:and 142 Avenue, which are local c>ireets. As noted above single family residential uses have direct access to these streets across from the subject site. Directing commercial traffic onto these streets to acccas Site C -1 may be intrusive to the established residential character of the area. Utilities Site C -1 is within the 2020 MUSA and existing gravity sewer service boundari:s. Municipal water service is also available to the property. Recommendati The area surrounding Site C -1 has devcL)ped with an urban single family character. The introduction of a commercial use on this site could be incompatible within this area due to its existing character znd lack of physical features to create a transition. As noted in previous sections, the Comprehensive Plan discourages commercial development away from concentrated nodes or major intersections to avoid intruding into residential areas. Staff recommends that the Land Use Plan be amended to designate Site C -1 for Urban Residential Medium Density Use to ensure full utilization of the site, provided that the site design provides proper orientation and transition to the adjacent single family residences. Overall density should be near the lower end of range prescribed by the Comprehensive Plan for medium density uses and developed under the City's M -1 Multiple Dwelling Low Density Zoning District to ensure compatibility. Alternatively, the site could be designated URL and allow the zoning to remain R -4. (amended by City Staff on 4/03/02) Page 26 City of Andover NB - Neighborhood Business District Study ,: %rea D - Crosstown e3oulevard and Crosstown Drive • hxistin Cc: ditions Area D includes one undeveloped parcel located on the south side of the Crosstown L;oulevard and Crosstown Drive intersection. The parcel was guided for commercial land use under the City's 1991 Comprehensive Plan and is currently guided for NC, neighborhood commercial use by the current Comprehensive Plan. The property is zoned NB District. lotential development of the site is likely severely limited because of a wetland to the south and west, which limits the depth of the parcel. The elevation of the parcel is also below the grade of the adjacent roadways. The following table illustrates the dimensions of Site D -1: Lot Area Lot Width Lot Depth Site D -1 IF 5.2 ac. 1,100 ft. 380 ft. S urroundinq Land Uses The area surrounding Site D -1 is described by the following table. There are single family uses fronting Crosstown Drive across from the property to the west and multiple fiamily buildings to the south across a large wetland. The parcel guided for public use and zoned NB District east of Crosstown Boulevard and north of 139 Avenue is developed with a single family residence. The parcel east of Crosstown Boulevard <?.nd south of 139 Avenue guided for Neighborhood Commercial use and zoned NB is developed with a fire station. 0 (amended by City Staff on 4/03/02) Page 27 Existing Use Existing Zoning Comprehensive Plan Land Use North Single Family NB, Neighborhood Public Residential Business URL, Urban Residential R -4, Single Family LD Urban East Fire Station NB, Neighborhood NC, Neighborhood Business Commercial South Wetland Multiple Residential M -2 Multiple Residential URM, Urban Residential MD West Single Family R -4, Single Family URL, Urban Residential Residential Urban LID 0 (amended by City Staff on 4/03/02) Page 27 r� • j \ Sitz D 4� - s- - � \ l I , NORTHWEST ASSOCIATED CONSULTANTS City of Andover NB - Neighborhood Suz mess District Study Otis convenience commercial nodes exist less than one -half rr'e beyond the • imn area at the intersections of Crosstown Boulevard and Bunker Lake Bouevard and at Crosstown Drive and Bunker Lake Boulevard. The area southeast of Croe ,stown Bouh.vard and Bunker Lake Boulevard is designated as a general commercial area meaning a broad range of commercial goods and services may pcintially be available. AcK <;ss Site 0-1 has fre'ntage to Crosstown Drive and Crosstown Boulevard, which are both two -lane roadwaays. The intersection of these two roadways is at a curve section on Crosstown Boulevard and is aligned with 139 Avenue to the east. Dedicated right turn lanes frorn south Crosstown Boulevard to south Crosstown Drive and from north Crosstown Drive: to south Crosstown Boulevard are provided. Crosstown Boulevard (County Road 18) is designated as an existing and 2015 "B" minor arterial street by the Anoka County Transportation Plan. Direct lot access to land from minor arterials is to be limited, except for concentrated commercial nodes. Access to Site D -1 from Crosstown Boulevard may be problematic due to spacing needs from the Crosstown Drive intersection and curvature of Crosstown Boulevard. Access to Crosstown Boulevard is subject to review end approval of Anoka County. Crosstown Drive is a local street. Single family residential lots have direct access along the west side of the roadway. Access to the Site D -1 from Crosstown Drive for a commercial use may be difficult due to the design of the Crosstown Boulevard and Crosstown Drive intersection, as well as the severely limited buildable area of the subject site. Any access to the site would need to align with Yukon Street on the west side of Crosstown Drive to avoid off -set intersections and potential conflicts. Utilities Site D -1 is within the City's 2020 MUSA and is within the current gravity sewer service boundary. Municipal water service is also available to the property. Recommendations The development potential of Site D -1 is severely limited due to the large wetland area adjacent to the property and design of streets serving the property. Development of a commercial use on the property is not recommended given the residential character of the area immediately to the west and access issues related to streets serving the property. The proximity of neighborhood commercial and general commercial uses Crosstown Drive/ Bunker Lake Boulevard and Crosstown Boulevard /Bunker Lake Boulevard limits the market for commercial use of Site D -1 because of business interchange within a larger commercial node or business interception of patrons traveling on Bunker Lake Boulevard or north on Crosstown Boulevard. Although the current Comprehensive (amended by City Staff on 4/03/02) Page 29 City of Andover NS - Neighborhood Business District Study Kan and Zoning Map would anticipate neien :hborhood :ommercial uses east of IS Crosstown Boulevard, these properties have w_ -,t develop --d with conirnercial uses, Iii rtiting the size of a commercial node at this interjection. As such, it is recommended that the City amend the Land Use map to designate the property for Urban Residential Medium Density Land Uses and rezone the property to a M -2, Multiple Dwelling District. This land use designation and Zoning District may allow for some utilization of Site D -1. Multiple family residential use of the property would likely be mon,� compatible with the single family uses across Crosstown Drive, while less susceptible to impacts from traffic on Crosstown Boulevard than a single family use. The City ma.y also consider amending the Land Use plan to change the designation of the land use northeast of Crosstown Boulevard and 139 Avenue from Public to Urban Residential Low Density to reflect the current use of the property. The Land Use map should also he amended to change the designation of the property southeast of Crosstown Boulevard and 139 Street to Public reflecting the location of the Fire Station. Corresponding changes to the Zoning Map should also be made for these two parcels. • Is (amended by City Staff on 4/03/02) Page 30 City of Andover NB - Neighborhood Business District Study • Area f]: - 7 th Avenue and r3unker Lace Boulevard Existi Conditi Area E consists of a single undeveloped parcel located at the northeast quadrant of 7 th Avenue and Bun!:er Lake Boulevard. The property is currently used for crop production. Site E -1 was designated for commercial land use by the 1991 Comprehensive Plan and Neighborhood Commercial by the current Comprehensive Plan. Site E -1 is zoned NB District. The following table illustrates the dimensions of Site E -1: i 0 Surro Land Uses The tah e below illustrates existing and planned conditions in the area surrounding Site E -1. The area is generally undeveloped exceFt for intensive commercial uses at the southeast and southwest quadrants of the 7 Avenue and Bunker Lake Boulevard intersection. Lot Area Lot Width Lot Death f Site E -1 I. _l 5.4 ac. L_ 350 ft. 675 ft. — i 0 Surro Land Uses The tah e below illustrates existing and planned conditions in the area surrounding Site E -1. The area is generally undeveloped exceFt for intensive commercial uses at the southeast and southwest quadrants of the 7 Avenue and Bunker Lake Boulevard intersection. Future development of the area is anticipated with extension of sanitary sewer and water facilities to served the area. Future development surrounding the Site E -1 includes medium density residential uses to the east and low density residential uses to the north. Development of a neighborhood commercial use at the 7th Avenue and Bunker Lake Boulevard intersection would be anticipated to provide convenience retail opportunities for nearby residents. The closest competitive commercial location is just over one mile away to the east at Round Lake Boulevard and Bunker Lake Boulevard where a range of general commercial uses exist or are planned. (amended by City Staff on 4/03/02) Page 31 Existing Use Existing Zoning Cornprehensive Plan Land Use North Agricultural - vacant R -1, Single Family- URL, Urban Residential Rural LD East Agricultural - vacant M -2, Multiple URM, Urban Residential Dwelling MD South Commercial GB, General GC, General Commercial Agricultural - vacant Business URM, Urban Residential M -2, Multiple MD Dwellin West Undeveloped City of Anoka City of Anoka Future development of the area is anticipated with extension of sanitary sewer and water facilities to served the area. Future development surrounding the Site E -1 includes medium density residential uses to the east and low density residential uses to the north. Development of a neighborhood commercial use at the 7th Avenue and Bunker Lake Boulevard intersection would be anticipated to provide convenience retail opportunities for nearby residents. The closest competitive commercial location is just over one mile away to the east at Round Lake Boulevard and Bunker Lake Boulevard where a range of general commercial uses exist or are planned. (amended by City Staff on 4/03/02) Page 31 City of Andover NB - Neighborhood Business District Study Access Site E -1 has frontage to 7 th Avenue (CSAH 7) and Bunker Lake Boulevard (CSAH 116). Both of these roadways are designated as existing and 2015 "B" minor arterial corridors. Access to these roadways is subject to review and approval of Anoka County. Construction of a local public street along the north property line of Site E -1 at such time as the area develops may provide opportunities for property access that are not directly onto the "B° minor arterial roadways. The intersection of 7 th Avenue and Bunker Lake Boulevard is controlled by a four -way signal. Direct land access to "B" minor L serials within the MUSA are to be limited to concentrations of commercial (or industrial uses) according to the Anoka County Transportation Plan. Due to location of the intersection, left turns out of the site onto Bunker Lake Boulevard or 7 th Avenue may be difficult. 0 (amended by City Staff on 4/03/02) Page 32 Qi+o G_1 w , If I 500 Feet NORTHWEST ASSOCIATED CONSULTANTS City of Andover NB - Neighborhood Business District Study Utilitie S Site E -1 is within the 2020 MUSA. Sanitary sewer and water service is planned to be extended to the area during 2002, according to the Sewer Expansion Plan. Extension of sanitary sewer and water to the area will provide waste disposal and fire protection for development of Site E -1 with any commercial uses allowed within the NB District. Sanitary sewer and water service extension would also allow for development of adjacent low density and medium density residential uses, creating market demand for conveni ,i Ice uses in the area. Recommendations 0 0 With planned extension of sanitary sewer and water service, Site E -1 will be prime for development. Planned development of low and medium density residential land uses to the north and east of Site E -1 will create market demand for Neighborhood Business (NB) uses intended to service the immediate area, as well as traffic going farther north on 7 Avenue. (amended by City Staff on 4/03/02) Page 34 City of Andover NB - Neighborhood Business District Study Area F - 7 Avenue ar�„J Valley Urive 0 E< _ 4!ng Con � itions One undeveloped property comprises Area F, located at the northeast quadrant of the 7 Avenue and Valley Drive intersection, in the west- central portion of the community. The 1991 Comprehensive Plan guided this property for commercial land use and it is designated for Neighborhood Commercial use by the current Comprehensive Plan. Site F -1 is zoned NB, Neighborhood Business District. The following table illustrates the dimensions of Site F -1: Lot Area Lot Width Lot Depth Site F -1 7.0 ac. 475 ft. 500 ft. 0 Srsr rounding L and Uses The table that follows describes existing land uses surrounding Area F. The area is separated from the single family neighborhoods to the west by 7 Avenue (CSAH 7) and to the south and east Valley Drive. There is an existing tree stand that creates a barrier between Site F -1 and the rural residential lot to the north. Of note, the nearest existing General Commercial location within the City is located at Round Lake Boulevard and Bunker Lake Boulevard, approximately 4.5 miles away. Access Site F -1 has frontage to 7 Avenue (CSAH 7) and Valley Drive (County Road 58), which are both two -lane roadways. CSAH 7 is designated by the Anoka County Transportation Plan as a current and 2015 major collector roadway. Valley Drive is currently not classified on the existing functional classification system, but is designated as a major collector on the 2015 Functional Classification plan. While the number and location of access points to Site F -1 will be controlled based upon its frontage to major (amended by City Staff on 4/03/02) Page 35 E= xisting Use Existing Zoning Comprehensive Plan Future Land Use North Rural Residential R- 1,Single Family - Rural RR, Rural Residential East Rural Residential R- 1,Single Family - Rural RR, Rural Residential South Convenience Gas NB, Neighborhood NC, Neighborhood Station Business Commercial Fox Meadows Public OS, Open Space Park West Rural Residential R -1 Single Family - Rural RR, Rural Residential Single Family R -3, Single Family RR, Rural Residential Residential Suburban Access Site F -1 has frontage to 7 Avenue (CSAH 7) and Valley Drive (County Road 58), which are both two -lane roadways. CSAH 7 is designated by the Anoka County Transportation Plan as a current and 2015 major collector roadway. Valley Drive is currently not classified on the existing functional classification system, but is designated as a major collector on the 2015 Functional Classification plan. While the number and location of access points to Site F -1 will be controlled based upon its frontage to major (amended by City Staff on 4/03/02) Page 35 LL. fJ cl) LJJ LIJ < < 1-- 0 Cl) = CD Z: 000 Z< C) 0 C LO fJ cl) LJJ LIJ < < 1-- 0 Cl) = CD Z: 000 Z< C) City of Andover NB - Neighborhood Business District Study collector streets, adequate access will likely exist for a commercial use of the property. Is Access to the CowJy Roads is subject to review and approval of Anoka County. Utilitie Area F is currently outside of the City of Andover's 2020 MUSA boundary. Use of on- site sewage treatment systems is regulated by Ordinance 221, which complies with the requirements of Minnesota Rules Chapter 7080, Individual Sewage Treatment Standards. Figure 4.2b of the Andover Comprehensive Plan identifies the soils within Area F to be slightly or moderately restricted in terms of suitability for on -site septic systems. The type of commercial use that may develop on Site F -1 will be influenced by the waste disposal and fire pro 'Lection needs of any proposed business. Recommendation Area F is a fairly isolated commercial node within the west - central portion of the community. Given the surrounding rural and single family residential development that has occurred in this area of the community, there may be opportunities for small scale convenience commercial uses to serve these neighborhoods. This is consistent with the stated objectives of the Comprehensive Plan to allow limited commercial development outside of the MUSA to service rural residential neighborhoods. Limits for commercial development of the parcels is focused mainly on the lack of sanitary sewer and municipal water services for waste disposal and fire protection. Given proper site design and attention to utility limitations, development of neighborhood commercial uses on these parcels is appropriate. As such, no change is land use designation or zoning district is recommended for Site F -1. Area G - Bunker Lake Boulevard and Rose Street Existing Conditions Area G consists of four parcels, all zoned NB. Only one (site G -1) is undeveloped, located at the southeast quadrant of Rose Street and Bunker Lake Boulevard. Site G -1 was designated for commercial land use by the 1991 Comprehensive Plan and Neighborhood Commercial by the current Comprehensive Plan. The following table illustrates the dimensions of Site G -1: Lot Area Lot Width Lot Depth Site G -1 0.86 ac. 150 ft. 250 ft. Surrounding Land Uses The table below illustrates existing and planned conditions in the area surrounding Site G -1. The area is generally undeveloped except for intensive commercial uses at the (amended by City Staff on 4/03/02) Page 37 City of Andover NB - Neighborhood Business District Study L southeast and soi.!thwest quadrants of the 7 Avenue and Bunker Lake Poulevard intersection. Development of the area is anticipated since the site is currently served with sanitary sewer and water facilities. - 1 he development surrounding the Site G -1 includes low density residential uses to the south and commercial uses to the north, east and west. Development of a neighborhood commercial use at the subject property would be acceptable as long as nuisance uses such as a service /fuel station were prevented from locating there, due to the proximity of the existing low density residential (to the south). Access is Site G -1 has frontage on Rose Avenue and the frontage road along the south side of Bunker Lake Boulevard (CSAH 116). Utilities \� Site G -1 is currently served with sanitary sewer and water. Recommendations Staff recommends a change to the zoning ordinance, to add language that would limit the Special Use of "Service Stations" in the Neighborhood Business (NB) district to only sites that are two acres or larger in size. There are existing service /fuel stations in the NB district that would be non - conforming if the special use were removed entirely from NB. Therefore, the two acre minimum would prevent site G -1 from becoming a service /fuel station and still allow the existing ones to remain conforming. (amended by City Staff on 4/03/02) Page 38 Existing Use =Existing Zoning Comprehensive Plan Land Us North Commercial SC, Shopping Center GC, General Commercial East Commercial NB, Neighborhood NC, Neighborhood Busin:ss Comme South Single Family R -4, Single Family URL, Urban Residential Residential Residential Low Density West Commercial NB, Neighborhood NC, Neighborhood Business I Commercial Development of the area is anticipated since the site is currently served with sanitary sewer and water facilities. - 1 he development surrounding the Site G -1 includes low density residential uses to the south and commercial uses to the north, east and west. Development of a neighborhood commercial use at the subject property would be acceptable as long as nuisance uses such as a service /fuel station were prevented from locating there, due to the proximity of the existing low density residential (to the south). Access is Site G -1 has frontage on Rose Avenue and the frontage road along the south side of Bunker Lake Boulevard (CSAH 116). Utilities \� Site G -1 is currently served with sanitary sewer and water. Recommendations Staff recommends a change to the zoning ordinance, to add language that would limit the Special Use of "Service Stations" in the Neighborhood Business (NB) district to only sites that are two acres or larger in size. There are existing service /fuel stations in the NB district that would be non - conforming if the special use were removed entirely from NB. Therefore, the two acre minimum would prevent site G -1 from becoming a service /fuel station and still allow the existing ones to remain conforming. (amended by City Staff on 4/03/02) Page 38 o a m 2 ni v _ �' P' ��Q � ,� �':P? �'h t`vjii �iy yr ..: JD- Mks mm 'Y I ull t. NOW 1.4 2 ni v _ �' P' ��Q � ,� �':P? �'h t`vjii �iy yr ..: JD- Mks City of Andover NB - Neighborhood Business District Study CONCLUSION i This study Has been initiated by the City of Andover to review policies, ordinances, and specific site issues applicable to development of limited business and neighborhood commercial land uses and zones within the community. The basis of this effort is to ensure that the intent of the Comprehensive Plan is clear. The City nee.is to define its general philosophy for providing office park areas, as well as small scale neighborhood commercial uses within the community and how these sites relate to larger, community or regionally oriented general commercial areas. It is recommended that the City establish: • Anew land use resignation of Limited Commercial (LC) for establishing office park areas. • Establish policies that neighborhood commercial areas be limited in scope and number to encourage development of the larger general commercial areas reflecting the changing character of the community. These policies would encourage a more compatible land use pattern in the community, and encourage full development of major community oriented centers (General Commercial) areas. - F he NB, Neighborhood business District is the City's primary means for allowing neighborhood scale commercial uses within the City. In establishing the NB District, the City must review the uses allowed within the District and limits their scale to those that serve only local market needs, which can more compatibly exist close to residential uses. In that the City is in the process of updating its Zoning Ordinance, it is recommended that consideration be given to regulating and limiting the introduction of higher intensity uses within the NB District, such as convenience gas stations or restaurants. The City should also review its more general performance standards to ensure that they are consistent with desired community development standards. The City should implement a multiple district approach to commercial uses as part of the Zoning Ordinance update. Creating four commercial districts will allow the City to clearly define the intensity of each district and locate them appropriately. The second portion of this study focused on individual evaluations of the remaining nine undeveloped properties within the City guided for Neighborhood Commercial uses and /or zoned NB District. Factors considered in these evaluations include consistency with the Comprehensive Plan, surrounding land uses and proximity to other commercial nodes, access and traffic issues, utility availability, and existing site conditions. As a result of these evaluations, Land Use map changes or Zoning Map changes are recommended. These changes, summarized on the following table, should be initiated by the City: Cl (amended by City Staff on 4/03/02) Page 40 i City of Andover NB - Neighborhood Business District Study Study Area Comprehensive Zoning Map Plan Future Land Use Map Current Proposed Current Proposed A Hanson Blvd. 1 139th Lane Site A -1 NO LC /URM NB M -2 /LB* te A -2 NC LC /URM NB M- 2/1-13* B Hanson Blvd. / 195th Lane Site B -1 NC No M -2 No Change Ch ange Site B -1 NC No M -2 No Change Change C Crosstown Blvd. / 141st Ln. Site C -1 NC URL R -4 No URM Change M -1 D Crosstown Blvd. / Site D -1 (SIC URM NB M -2 Crosstown Dr. E 7 Ave. / Bunker Lake Site E -1 NC No NB No Blvd. Change Change F 7 Ave. / Valley Dr. Site F -1 NC No NB No Change Chan e G East of Rose Street/South 83iteG -1 NC No NB No of Bunker Lake Blvd. Change** Chan e ** 0 *Indicates the Staffs preferred recommendation. 11 * *Recommendation: The zoning ordinance category of Neighborhood Business (NB) allows "Retail Trade and Services" that currently is defined to allow service stations. This definition needs to be amended to indicate that service stations would only be allowed on sites that are two acres or larger as a Special Use. This recommended change will result in staff recommending Site G -1 to remain as it is currently zoned. (amended by City Staff on 4/03/02) Page 41 -- - .. . 1 -_.- . r--.. . I ~ I I I I , 1- , I I IT-- ~IO , I , I r , ! I I i , i I I , ! ~ ~ :>---. i ! I v r.n I I ;:l - Q) I IZ) ~ I -, - I C) (.) i ;> '5 ..... (f) 0 en I I-o!z 1""', , "'Ci - I en (f)w<( r-, '" ~ I WI-I- -, <!.l i s<(....J < C IO:::l ;2 ! I-O(f) 4-0 ~ co I I O:::(f)Z 0 0(f)0 -:::l I 0 Z<(O ~ 0 0 .,..... ..,c:: '. .,... (5 U -9 I . . on "V' 'Q3 ! z I I , . w CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 *(763)755-5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Will Neumeister, Community Development Director lei SUBJECT: Consider Ordinance 8 Amendment, Adding Off -sale Liquor Stores as a Special Use to Section 7.03 (to both the SC and GB zoning districts) of Ordinance 8; establishing criteria that would establish the number of liquor licenses allowed in the City; and establish performance standards for the minimum size and valuation for this type of use. DATE: April 3, 2002 INTRODUCTION During the month of March, the Andover Economic Development Authority (EDA) discussed the issue of off -sale liquor licenses. Direction was given for the staff to prepare information for the Planning Commission to discuss establishing criteria for issuance of new off -sale liquor licenses, including the following: • Minimum valuation and/or architectural and building construction standards. • Limit licenses to six in the City. • Issuance of off -sale licenses allowed requires approval of a Special Use Permit (SUP) in the Shopping Center (SC) and General Business (GB) zoning districts. DISCUSSION Minimum Valuation - -Staff has sought out information regarding the cost of construction for commercial buildings. Attached to this item is building valuation information from the State of Minnesota (May 2001) showing the average cost of new construction across the United States (excluding land costs). Staff estimates that the type of construction that would include a free standing liquor store could cost anywhere from $60 to $100 per square foot depending on the cost of land, the amount of brick work on the exterior and the type /quality of finishes on the inside. Based on the building permit valuation from 1996, the cost of construction for the G -Will Liquors on Round Lake Boulevard was $906,165 (equates to $57 per square foot including land). That building was 15,700 square feet in size. r k As was heard at the last meeting, a typical tenant space in a shopping center could be expected to be about 3,000 to 4,000 square feet. The dollar value of construction would be a combination of the costs of the shell construction and the tenant finishes that were used. It could be expected that it would fall somewhere in the same range explained above. Page 3 Ordinance #235 be amended to limit the number of licenses to six (6). The City Attorney has indicated that typically off -sale liquor stores do not result in additional City enforcement actions as the product is purchased for off -site home consumption. The current Zoning Ordinance indicates "Liquor Licenses" are allowed by Special Use Permit in the following districts: • General Recreation (GR) • Shopping Center (SC) • General Business (GB) • Industrial (I) It is recommended that the Zoning Ordinance be amended to be more specific in this regard. By specifically listing "Off -sale Liquor Stores" as a Special Use, it would be better understood that they will only be considered for issuance on sites zoned SC or GB. Leaving "Liquor Licenses" as a Special Use Permit would allow "On -sale Liquor Licenses" for bars, taverns, or restaurants within these zoning districts. ACTION REQUESTED The Planning Commission discuss and make recommendations on: • The number of Off -sale Liquor Licenses to be allowed (amend Ordinance 235). • • Establishing the minimum valuation and/or architectural standards. This would add language to the Performance Standards Section of the Zoning Ordinance. • Establishing "Off -sale Liquor Stores" as a Special Use in the SC and GB Zoning Districts. Draft language to be added to the performance standards is attached for your review. ATTACHMENTS Draft Performance Standards (section 8.24 — " Off -sale Liquor Stores') Minutes of March 26, 2002 EDA Meeting Ordinance 9235 (Regulating Intoxicating Liquor) Building Valuation Information (from State of Minnesota) Respectfully submitted, Will Neumeister Page 4 • Draft Performance Standards (section 8.24 — "Off -sale Liquor Stores "). All Off -sale Liquor Stores in the Shopping Center (SC) and General Business (GB) Zoning Districts shall meet the following criteria: A. Minimum size of a liquor store for a tenant space in a retail shopping center shall be 3,000 square feet. B. Minimum size of a liquor store for a free - standing building shall be 15,000 square feet. C. The minimum per square foot valuation of the shell and interior finishes for either a tenant in a multi -tenant building or a free - standing building shall be no less than $57 per square foot (inflation indexed for the year 2002). D. The architectural quality and materials for these buildings shall adhere to the following standards: 1) The design and location of buildings constructed on a lot shall be attractive and shall compliment existing structures and the surrounding natural features and topography with respect to height, design, finish, color, and l ocation. 2) Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design and/or appropriate landscaping. The building shall have varied and interesting detailing. The use of large unadorned concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided as a manner or intervals in keeping with the other size mass, and scale of the wall and its views from public ways shall be prohibited. 3) Wood, masonry, brick, rock face block, stucco and stone are acceptable building materials. 4) All roof - mounted equipment shall be screened by parapet walls or screened behind recesses in hips, gables or similar rooftop features. The equipment must be screened by these methods so as to prevent the equipment from being seen from eye level from all surrounding properties and streets. Wood screen fences are prohibited as a screening measure for the roof -top equipment. 5) All exterior ground mounted equipment shall be fully screened by landscaping or compatible materials to match that of the principal building. Plain equipment boxes with no screening are not acceptable. E. Signs may not be attached to or painted on windows with the exception of open hours • signage. No roof - mounted signage; balloons, flags, or promotional paraphernalia shall be allowed on the building or site. y (/ • CITY of . ANDOVEK ANDOVER ECONOMIC DEVELOPMENT AUTHORITY'' MEETFNG MARCH 26, 2002 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, March 26, 2002, 6:34 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: President Mike Gamache, Commissioners Don Jacobson, Mike Knight, Ken :Orttel, Julie Trude; Voting resident member Robert Nowak; and.Advisor,to the EDA Edward Shultz-, 'Absent: Voting resident member Terri Hokanson; and'Advisor'to the EDA Fred Larson. Also present: Executive Director; John Erar, Will Neumeister, Community-Development.Director Others DISCUSSION-ITEMS: 1. Off -Sale Liquor Store Development . Executive Director Erar stated at the March 6, 2002 EDA meeting, the issue of off -sale liquor store restrictions was discussed. Direction was given that staff prepare information for another discussion establishing criteria for issuance of new off -sale liquor licenses, including the minimum valuation and/or architectural and building construction standards- limit, licenses to six in the City; issuance of off -sale licenses approval Df a Special Use Pernzit (SUP) in the - Shopping Center (SC) and General Business (GB) zoning districts. Mr. Erar indicated staff had sought out information regarding.the cost of construction for commercial buildings. He stated staff estimated that the type of construction which would include a tree standing liquor store could cost anywhere from $60 to'S100 per square foot depending on the cost of land, the amount of brick work on the exterior, and the type /quality of finishes on the inside. Based on the building permit valuation from' 1996, the cost of construction for the'G -Will Liquors on Round Lake Boulevard was 5906,165. He stated the building was 15,'00 `square feet in size. He noted atypical tenant space in a shopping center could be expected to be about 3,000 to 4,000 square.feet. The dollar value of construction would be a combination of the costs of the shell construction and the tenant finishes that were used, and could be expected to fail somewhere in the same range as previously' explained. Mr. Erar stated the only city that staff surveyed that had minimum valuation criteria was Chanhassen, They had established a minimum building valuation of $100.;000. He stated that was far below the cost of the G -Will Liquors and did not provide an guidance in establishing y IWO& I, Andover Economic Development Authority Meeting Minutes — March 26, 2002 Page 2 what the minimum building valuation should be. He indicated without specific standards being established in the Zoning Code, there would be a limited level of control over their architectural qualities and construction standards. Mr. Erar stated staff had prepared and attached a draft set of performance standards for liquor stores that would need to be adopted as a part of the Zoning Code to achieve the higher level of architectural design expected of all off -sale liquor stores. With respect to limiting licenses, he stated direction had been previously given that Andover move towards setting a maximum of six off -sale liquor licenses (citywide) at the present time. With respect to licenses only in Shopping Center (SC) and General Business (GB) Zoning Districts, he stated direction was previously given that licenses would be only issued in the Shopping Center (SC) and General Business (GB) Zoning Districts. He. requested the EDA discuss the valuation information and determine whether performance standards establishing the minimum valuation and/or architectural standards for new off -s liquor stores should be prepared. He also asked the EDA to authorize staff to prepare City - Code amendment(s) to establish the items- he-previously noted as criteria for obtaining a new off -sale liquor license. • Commissioner Jacobson suggested looking into the possibility of a municipal liquor operation. Commissioner Trude stated she was not sure they were that profitable. Mr. Erar stated municipal liquor stores were very profitable for the Cities that had them. In this case, if the City wanted a municipal liquor store, they would need to adopt an Ordinance forbidding private liquor stores. Commissioner Trude asked if a municipal store would pay property taxes. Mr. Erar replied they would pay taxes in some form. Commissioner Orttel stated in some places municipal liquor stores had been a good operation and in some places it had not been. He expressed concern that the government would be in competition with the private sector. Conunissioner Knight pointed out that if these Iiquor stores were located as proposed, they would be in very close proximity. Commissioner Trude asked if the Hamilton site was limited due to its proximity to the schools, Mr. Erar replied that would need to be researched. • Commissioner Trade suggested this issue be put on cable TV. President Gamache stated he did not have a problem with them being in the same area, as long as they were aware of what the City's criteria was. Mr. Erar stated they had discussed radius issues at the March 6, 2002 meeting. if 0 Andover Economic Development Authority Meeting Minutes — March 26, 2002 Page 3 Commissioner Jacobson stated this issue should be discussed at a Council meeting. Mr. Erar replied the Planning and Zoning Commission would be advised of what the EDA discussed; this was all background information. He stated at this point, they were not making decisions. The Planning and Zoning Commission would have independent review of this and make their suggestions. Commissioner Orttel stated if the Planning and Zoning Commission had a problem with this, they could have a Deed restriction; this would not be an Ordinance correction. Voting Resident Nowak stated the EDA should make recommendations. He asked if there were any other performance standards consistent with what the EDA was doing at Andover Station to make it consistent with that area as well. Commissioner Trude stat they could have different types of liquor stores within the City also. (i.e. one thaTsells quality wine and one that sells other types of liquor). — Voting Resident Nowak suggested the EDA set some type of a building standard for liquor stores. Community Development Director Neumeister stated the City Attorney had indicated the Cities by law, where allowed a great deal of discretion in setting a liquor license, including a dollar valuation or a square foot minimum. He indicated they should deal with the existing ones by grand fathering them in, but if the existing ones wanted to upgrade, they would need to upgrade to the current standards. Commissioner Orttel stated he would rather value it on a square foot minimum. Mr. Erar stated the city could adopt the same design standards that they applied to Andover Station. Commissioner Knight stated they would need to also look at the signage. Commissioner Orttel stated the Art Committee did a very good job, and he did not have a problem with allowing them to make these types of decisions. Mr. Erar stated with respect to the EDA property, anything that was constructed would be brought to their attention. Commissioner Jacobson asked what the Planning Commission would consider. Mr. Erar stated they would consider the criteria considered to be important by the EDA. • Commissioner Knight asked if this would require any police supervision beyond normal. Mr. Erar stated there would be no additional enforcement action. Commissioner Jacobson stated he would like the Planning Commission to really think this over and not just rely on the EDA's recommendations. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 235 • An Ordinance repealing Ordinance No. 56 adopted July 21, 1981; Ordinance No. 56A adopted February 18, 1986 and Ordinance No. 56B adopted December 17, 1996. AN ORDINANCE REGULATING THE LICENSING, SALE AND CONSUMPTION OF INTOXICATING LIQUOR WITHIN THE CITY OF ANDOVER AND PROVIDING PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Andover hereby ordains as follows: Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statute, Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this ordinance as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statute, Chapter 340A, and the provisions of this ordinance, the more restrictive shall govern. Section 2. Definitions. License shall also include a permit for consumption and display, unless otherwise indicated. Licensee any person to whom a license has been issued under the provisions of this ordinance. Minor any person under the age established by Minnesota State Statute Section 340A.503. Person any individual, partnership, association, corporation, or club. Sale and Purchase include all barters, gifts, sales and any other means used to obtain or furnish alcoholic beverages. Restaurant shall have the meaning given to the term by Minnesota Statute Section 340A.101, Subd. 25, except that these establishments shall have facilities for seating not fewer than one hundred (100) guests at one (1) time for on -sale intoxicating liquor licenses. —16 0 Section 3. License /Permit Required. 1) Except as provided below, no person may directly or indirectly, on any pretense or by any device sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the City. 2) No person who does not hold an on -sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the City. Persons Eligible. 1) A license shall be issued only to a person who is: a) Eligible for a license under Minnesota Statute, 340A.402, and b) A proprietor of the establishment for which the license is sought. 2) No license shall be issued to a person who is: • a) Ineligible under State law, or b) Not the real party in interest or beneficial owner of the business operated under the license. Places Ineligible. 1) No license shall be issued for any place or any business ineligible for a license under State law. 2) No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. 3) No "on -sale intoxicating liquor" or "on -sale wine" license shall be issued unless the applicant makes a bona fide estimation that at least 50% of the gross receipts of the establishment during the first year of business will be attributable to the sale of food. a) Each "on-sale intoxicating liquor" or "on-sale wine" license shall have the continuing obligation to have at least 50% of gross receipts from the establishment during the preceding business year attributable to the sale of food. For the purpose of this requirement, "establishment' shall include the food and beverage portion of a multi -serve establishment. 2 Financial records for food and beverage portion must be maintained separately from the records of the remainder of the establishment. b) For the purpose of this Section, "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks and non - alcoholic beverages. It shall not include any portion of gross receipts attributable to the non - alcoholic components of plain or mixed alcoholic beverages, such as ice, soft drink mixes or other mixes. C) The City Council may require the production of such documents or information, including but not limited to books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The City Council may also obtain its own audit or review of such documents or information, and all licenses shall cooperate with such a review, including prompt production of requested records. d) In addition to other remedies that it may have available, the City Council may place the license of any "on- sale" or "on -sale wine" licensee on probationary status for up to one year, when the sale of food is reported, or found to be, less than 50% of gross receipts for any business year. During • the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the City Council may require to increase the sale of food. 4) No license shall be granted for any place located within one thousand (1,000) feet of any public or private school nor within four hundred (400) feet of any church. 5) Sunday Liquor Sales. On -sale Sunday liquor licenses shall be issued only to hotels, clubs, and restaurants and which hold an on -site intoxicating liquor license only in conjunction with the serving of food and which has facilities for serving at least one hundred (100) guests at one time. The hours of the sale of intoxicating liquor shall be between 10:00 a.m. on Sundays and 1:00 a.m. on Mondays. An establishment serving intoxicating liquor on Sunday must obtain a Sunday on- sale liquor license from the City in the same manner as applications to sell intoxicating liquor. Section 4. Intoxicatinu Liquor Licenses. The City Council may grant the following types of intoxicating liquor licenses: 1) "On- sale" licenses may be issued only to hotels, clubs, and restaurants. A license . shall be issued only in conjunction with the serving of food and which has facilities for serving at least one hundred (100) guests at one time. _/m . 2) "On -sale wine" licenses may be issued to restaurants for the sale of wine not exceeding fourteen (14) percent alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 3) "Off- sale" licenses may be issued only to exclusive liquor stores and shall permit "off- sales" of intoxicating liquor and non - intoxicating liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. 4) "Sunday sales" licenses may be issued only to a hotel or restaurant to which an "on- sale" license has been issued. No Sunday sales license is needed for "on -sale wine" licensees. Except in the case of "on -sale wine" licensees, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5) A "consumption and display permit" may be issued to a bottle club which complies with the requirements of Minnesota Statute 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the City without first obtaining a permit from the City. Section 5. Exemptions. Any person holding an on -sale intoxicating liquor license may sell non - intoxicating liquor at on -sale without obtaining a non - intoxicating liquor license as required by the City. Any person holding off -sale intoxicating liquor license may sell non - intoxicating liquor at off -sale without obtaining a non - intoxicating liquor license as required by the City. A person holding an on -sale wine license who is also licensed to sell non - intoxicating liquor at on -sale, and whose gross receipts are at least sixty (60) percent attributable to the sale of food, may sell intoxicating liquor at on -sale without an additional on -sale license. Section 6. License Application. Every person desiring a license or consumption or display permit under this ordinance shall file with the City Clerk a verified written application in the form prescribed and approved by the Commissioner of Public Safety of the State of Minnesota. In addition to the information required on the application form prescribed and approved by the Commissioner of Public Safety and information required by any other officer or office of the State of Minnesota, the application made to the City shall include the following: 1) Representations as to the applicant's character; 2) The business in connection with which the proposed licensee will operate; . 3) Whether the applicant is the owner and operator of the business and if not, who is: • 4) Whether the applicant has ever used or been known by a name other than his/her name, and if so, what was the name, or names, and information concerning dates and places where used; 5) Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6) Street address at which applicant and spouse have lived during the preceding ten (10) years; 7) Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 8) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten (10) years; 9) Whether the applicant or spouse has ever been convicted of a violation of any State law or local ordinance, other than a non - alcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; and 10) Whether the applicant or spouse, or parent, brother, sister or child of either of • them, has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, applicant shall furnish information as to the time, place and length of time; 11) Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. 12) The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing alcoholic beverages and who is nearer in kin to the applicant or spouse than second cousin, whether of the whole or half - blood, computed by the rules of civil law, or who is brother -in -law or sister -in -law of the applicant or spouse. 13) If the applicant is a partnership, the names and address of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner, or partners, shall be designated. The interest of each partner, or partners in the business shall be submitted with the application and, if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statute, Chapter 333, a copy of the certificate certified by the Clerk of District Court shall be attached to the application. 14) If the applicant is a corporation or other organization the applicant shall submit the following: 5 -/Z _ 0 a) name, and if incorporated, the state of incorporation; b) a true copy of the certificate of incorporation, articles of incorporation or association agreements; C) the names of the manager or proprietor or other agent in charge of, or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. d) a list of all persons who, single or together with their spouse or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five (5) percent or who are officers of said corporation or association, together with their addresses and all information as is required for single applicant. 15) The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an "on- sale" license shall submit a floor plan of the dining room(s), -- which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms; 16) The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an "on- sale" license, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the City, no further plans need to be filed; 17) A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the State or City employees in case of emergency. 18) Other information which the City Council deems appropriate. No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the application license. This duty shall continue throughout the period of the license and failure to comply with this Section shall constitute cause for revocation or suspension of the license. • 6 '14M CJr • The application for the renewal of any existing license shall be made at least ninety (90) days prior to the date of the expiration of the license and shall be made on the form provided by the City Clerk. Section 7. License Fee. Every applicant for a license or consumption and display permit shall pay to the City a fee as set by City Council resolution. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. Each license, except consumption and display permits, shall expire on December 31 st of the year in which it is issued. Consumption and display permits shall expire on June 30 of each year. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. Section 8. Bond. Each application for a license shall be accompanied by a surety bond or letter of credit. Such surety bond or other security shall be in the sum of $5,000. Operation of a licensed business without having on file with the City at all times effective security as required in this Section is cause for revocation or suspension of the license. Section 9. Financial Responsibility. Liability Insurance Required: Every application for a license shall be accompanied by evidence of adequate financial responsibility for liability provided as follows: a. Liability Insurance Policy — General. A liability insurance policy which shall name the City of Andover as an additional insured and shall provide for the minimum coverages as stated in Minnesota Statute. Section 466.04. b. Liability Insurance Policy — Liquor. A liability insurance policy imposed by Minnesota Statute Section 340A.801 which shall name the City of Andover as an additional insured and shall provide for the following minimum coverages: 1. $50,000 for bodily injury to anyone person in anyone occurrence, $100,000 for bodily injury to two or more persons in any one occurrence, & $10,000 for injury to or destruction of property of others in any one i occurrence, $50,000 for loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of support of two or more persons in any one occurrence. This subdivision does not prohibit an insurer from providing the coverage required by this subdivision in combination with other insurance coverage. c. Other Forms of Proving Financial Responsibility, The applicant or licensee may substitute one of the following as proof of financial responsibility to the requirements of subpart b of this Section: 1. A bond of a surety company with minimum coverages as provided in subpart b of this section. 2. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. 2. Exemption. This Section does not apply to establishments exempt from financial is responsibility requirements by Minnesota Statute, Section 340A.409, Subd.4. 3. Cancellation. The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause, except for nonpayment of premium, by the license, insurance company, bond company, or State Treasurer without first giving thirty (30) days' notice to the City of Andover in writing of the intention to cancel it. A ten (10) day written notice of cancellation shall be required for nonpayment of premium by the canceling party. Such notice(s) must be addressed to the City Clerk. No person shall operate any business or conduct any activities requiring a liquor license from the City without having in effect, and evidence on file with the City, the financial responsibility required by this Section. Failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (235A, 12/16/97) Section 10. Grantin¢ of License. No liquor license of any kind, shall be issued until the City has conducted an investigation of the representations set forth in the application. All applicants must cooperate with this investigation. No license shall be issued until the City Council has held a public hearing in accordance with the following: - /S'.. 1) For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred and fifty (350) feet of the proposed location shall be notified at least ten (10) days prior to such hearing. 2) At the public hearing all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may at its option, hold a public hearing. After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No "on -sale wine" license, "off- sale" license, club "on- sale" license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an "on- sale" license, the City shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, and the name under which the licensee will conduct the business. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City Council in the same manner as an application for a new license. Transfer of twenty -five (25) percent or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior City Council approval is ground for revocation or suspension of the license. In addition, each day the license operates under the license after a transfer has taken place without obtaining City Council approval shall be a separate violation of this ordinance. Section 11. Conditions of License. Every license is subject to the following conditions, all other provisions of this ordinance, and any other applicable regulations, or State law: 1) Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this is ordinance equally with the employee, except criminal penalties; /4� 2) Every license to sell alcoholic beverages and permit for consumption and display must be posted in a conspicuous place in the premises for which it is used. 3) Every licensee shall allow any peace officer, health officer, or property designated officer or employee of the City to enter, inspect, and search the premises of the license at reasonable hours without a warrant; 4) No licensee shall possess a Federal.Wholesale Liquor Dealer's Special Tax Stamp or a Federal Gambling Stamp; 5) No person shall consume any intoxicating or non - intoxicating liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. 6) In the event of a death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death oMe licensee. 7) Persons holding "on- sale" or "on -sale wine" licenses, in addition to being subject S . to the requirements of this ordinance, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor City permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this ordinance, resulting in a mandatory minimum civil offense of $100.00 per day. 8) The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. 9) No licensee shall sell or permit the consumption of alcoholic beverages except in compliance with the hours established in Minnesota Statute Section 340A.504. 10 —17— 6_ �26_5-'�__ 10) No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. 11) Each "on- sale" and "on-sale wine" license shall have the continuing obligation to comply with all State and local health and food - handling regulations. At the time of application for any new or renewed license the City Council may review (if deemed necessary) the establishment's health and food - handling inspection results. In addition to other remedies that it may have available, the City Council may place the license of any "on -sale" or "on -sale wine" licensee on probationary status for up to one (1) year when inspections reveal the establishment has not achieved passing scores. During the probationary period, the licensee shall take such action as may be required to achieve passing scores, and shall be subject to subsequent inspections for compliance, and shall be subject to other conditions which the City Council may impose. Section 12. Minors and Other Prohibited Persons. 1) It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose • of, in any manner, either directly or indirectly, any liquor in any quantity, for the purpose to any minor person, to any intoxicated person, or to any person to whom this is prohibited by Minnesota Statute 340A.503, Subd. 2. 2) It shall be unlawful for any minor to enter any premises licensed for the retail sale of liquor for the purpose of purchasing, or having served or delivered to him or her any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for him or her, any intoxicating liquor. 3) It shall be unlawful for any person to misrepresent or mistake his or her age or identity, or the age or identity of any other person for the purpose of inducing any licensee or any employee of any license, to sell, serve or deliver any liquor to a minor. 4) It shall be unlawful for a minor to have in his or her possession any liquor, with intent to consume the same at a place other than the household of his or her parent or guardian. Possession of liquor at a place other than the household of the minor's parent or guardian shall be a prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. Section 13. Suspensions and Revocations. The City Council may either suspend for up to sixty (60) days or revoke any liquor license or impose a civil fine not to exceed $5,000 for each violation upon a finding that 11 the license of an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statute Section 14.57 to 14.70. Section 14. Compliance Checks and Inspections. All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup which misrepresents their age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which he or she is asked to produce. In all instances, the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (23513, 6/5/01) Section 15. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Any fine or sentence imposed shall not affect the right of the City to suspend or revoke the license of the licensee as the City Council deems appropriate. (235B, 6/5/01) Adopted by the City Council of the City of Andover on this 5th day of August 1997. ATTEST: /s/ Victoria Volk Victoria Volk, City Clerk Amended 235A, 12/16/97; 23513, 6/5/01 • CITY OF ANDOVER /s/ J. E. McKelvey J. E. McKelvey, Mayor 12 -/..p J i E 0 May 2001 BUILDING VALUATION DATA (Replaces Building Valuation Data - May 2000) The following building valuation data, is provided for use in computing the building pernait surcharges for remittances to the State or for comparison with valuations submitted by the applicant for permits. Adjustments should be made for special, architectural or structural features and, location of the project; often higher or lower unit costs may result. The unit costs are intended to include architectural, structural, electrical, plumbing and mechanical work, except as Specifically Iisted below, The unit costs also include the contractor's profit, which should not be omitted. VBC DESIGNATION ©CCU$ANCY ANn TYPE COST PER SQUARE FOOT 1. APARTMENT HOUSES: AVERAGE Type I or II F.R.' $ 74.82 Type V - Masonry (or Type I1I) 61.06 Type 'V - Wood Frame 53.84 Type I - Basement Garage 31.56 2. AUDITORIUMS: Type I or I1 F.R. 88.41 - Type Ii - I Hour 63.98 Type Ii - N 60.54 Type III - I Hour 67.25 Type III - N 63.81 Type V - 1 Hour 64.33 Type V -N 60,03 3. BANKS: Type I or 11 F.R. 124.87 Type 1I - I Hour 92.02 Type I1- N 89.01 Type III - I Hour 10 1.5 7 Type III - N 97.87 Type V - I Hour 92.02 Type V -N 88.15 4. BOWLING ALLEYS: Type I1- 1 Hour. 43.00 Type I1- N 40.16 Type III - I Hour 46.78 Type III - N 43,77 Type V - l Hour 31.56 S. CHURCHES: Type I or II FR. 83.68 Type II - 1 Hour 62.78 Type V -N 59.68 Type III - 1 Hour 68.28 Type III - N 65.27 Type V - 1 Hour 63,81 Type V - N'60.03 6. CONVALESCENT HOS - PITALS: Type I or IT F.R. * 11739 Type U - 1 Hour 81.44 Type III - 1 Hour 83,51 Type V - I Hour 78.69 7. DWELLINGS: TYPE V - Masonry 63.81 Type V - Wood Frame 56.76 BASEMENT Semi - finished 16.94 Unfinished 12.30 S. FIRE STATIONS: Type I or II F.R- 96.49 Type II - I Hour 63.47 Type 11- N 59.86 Type III - I Hour 69.49 Type III, - N 66.5 6 Type V - I, Hour 65.19 TypeV - N 61.83 9. HOMES FOR THE ELDERLY: Type I or II F.R. 87.46 Type 11- I Hour 71.04 Type IT - N 67.94 Type III - I Hour 73.96 Type III - N 70.95 Type V - I Hour 71.47 Type V - N 65.97 10. HOSPITALS: Type I or 11 F.R.* 137.60 Type IU -1 Hour 113.95 Type V - 1 Hour 198.70 - "1?d I 11. HOTELS AND MOTELS: Type I or II F.R.° 85.14 Type,1I1- I. Hour 73.79 Type III - N 70.35 . Type V - I Hour 64.24 Type V - N 62.95 12. INDUSTRIAL PLANTS: Type I or II F.R. 47:99 Type II -1 Hour 33.37 Type 11- N - (Stock) 30.70 Type III - I Hour 36.81. TypeJU - N 34,66 Tilt -up 25.28 Type V - I Hour 34.66 Type V - N 31.73 13. JAILS: Type I or I1 F.R. 134.16 Type III - I Hour 122.72 Type V - 1 Hour 92.02 14. LIBRARIES: Type I or 11 F.R. 98,13 Type IT -1 Hour 71.81 Type Il -N 68.28 Type III - 1 Hour 75.85 Type III - N 72.07 Type V - 1 Hour 71.29 Type V - N 68.28 I5. MEDICAL OFFICES:. Type or II F.R" 100.79 Type IJ -I Hour 77.14 Type II - N 73,87 Type III -J Hour 8 1. 87 Type III -N 78.52 Type V - I Hour 76.02 Type V - N 73.36 16. OFFICES: ** Type I or II F.R.• 90.04 Type 11- 1 Hour 60.29 Type JI - N 57.45 Type III - 1 Hour 65.10 Type ITT - N 62.26 Type V - I Hour 60.97 Type V - N 57.45 • • MN BLDG CODES STDS 6512971973 03/13 '02 07:36 No%10M 179 05/0 Pay. 17. PRIVATE GARAGES: Wood Frame 20.47 Masonry 23.13 Open Carports 14.02 . 18. PUBLIC BUILDINGS: Type I or 11 F.R.* 104.06 Type 11 -1 Hour 84.28 Type II - N 80.58 Type III -1 Hour 87:55 Type III - N 84.45 Type V - I Hour 80.07 TypeV- N77.23 23. STORES: Type I or II F.R.` 69.49 Type 11- I How 42.48 Type I1 -N 41.54 Type III - I hour 51.69 Type III - N 48.50 Type V - I Hour 43.52 Type V - N 40.25 24. THEATERS: Type I.or II F.R 92.62 Type III - 1 Hoar 67.42 Type III - N 64.24 Type V - 1 Hour 63.47 Type V - N 60.03 19. PUBLIC GARAGES: Type I. or II F. 4I.28 Type I or 1I F.R. Open Parking 30.95 Type II = N 23.65 _ Type III - 1. Hour 31.22 Type III - N 27.78 Type V - 1 Hour 28.38 20. RESTAURANTS: Type III - I Hour 82.13 Type III - N 79.38 Type V - 1 Hour 75.25 Type V - N 72.24 21. SCROOLS: Type I or II P.R. 93.74 Type II - 1 Hour 63.98 Type III - 1 Hour 68.46 Type III - N 65.88 Type V - 1 Hour 64.16 Type V - N 61.23 22. SERVICE STATIONS: Type II - N 56.67 Type III - 1, Hour 59,08 Type V - I Hour 50.31 Canopies 23.65 MRR 13 2002 07:49 25. WAREHOUSES. * ** Type I or II F.R. 41.62 Type II or V - I Hour 24.68 Type II or V - N 23.22 Type III - I Hour 28.04 Type III - N 26.66 26. EQUIPMENT: AIR CONDITIONING: Coaunercial 3.53 Residential 2.92 E512971973 PRG =.05 -Z /-