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HomeMy WebLinkAbout03/25/03CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 o (763) 755 -5100 FAX (763) 755 -8923 Andover Planning and Zoning Commission Meeting Agenda March 25, 2003 Andover City Hall Council Chambers 7.00 a.m. 1. Call to Order 2. Approval of Minutes — March 11, 2003 3. PUBLIC HEARING Lot Split (03 -02) to create two urban lots at property located at 16034 Crosstown Boulevard for Reynold N. Orstad. 4. PUBLIC HEARING: Ordinance Amendment (03 -03) Consider Amendment to Ordinance 8, the Zoning Ordinance, Section 7.03 Special Uses to allow service station and car wash uses in the Shopping Center Zoning • District before 25,000 square feet of retail floor space is constructed as part of an approved Planned Unit Development. 5. PUBLIC HEARING Environmental Assessment Worksheet (EAW) for Andover Station North, concerning the Andover ED,A's 100 acre site located north of Bunker Lake Boulevard at Jay Street. 6. Adjournment • CITY of ANDOVER • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 - 5100 FAX (763) 755 -8923 TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes March 11, 2003 DATE: March 25, 2003 Request The Planning and Zoning Commission is asked to approve the minutes from the March 11, 2003 meeting. •o • CITY of ANDOVER PLANNING AND ZONING COMMISSIONMEETING March ll, 2003 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on March 11, 2003, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Acting Chairperson Tim Kirchoff, Commissioners, Tony Gamache, Rex Greenwald, Dean Vatne, Jonathan Jasper and Michael Casey. Commissioners absent: Chairperson Daninger. Also present: City Planner, Courtney Bednarz Assistant City Engineer, Todd Haas Community Development Director, Will Neumeister . Others OATH OF OFFICE Commissioner Casey read the Oath of Office to himself., APPROVAL OF MINUTES. February 25, 2002 0 Motion by Jasper, seconded by Greenwald, to approve the minutes as presented Motion carried on.a 5 -ayes, 0 -nays, 1- present (Casey); I- absent vote. PUBLIC HEARING. ORDINANCE AMENDMENT (03 -01) TO CONSIDER AMENDING ORDINANCE 10 TO INCORPORATE RECOMMENDATIONS FROM THE NORTHWEST ASSOCIATED CONSULTANTS PARK STUDY. , Mr. Haas explained that this item is in regards to a public hearing to consider amending Ordinance 10 to incorporate recommendations from the Northwest Associated Consultants, Inc. (NAC) regarding Section 9.07 (Parks, Playground, Open Space and Public Use). Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 2 • Mr. Haas discussed the information and Ordinance changes with the Commission. Commissioner Greenwald asked who wrote the amendments. Mr. Haas indicated that staff wrote them based on the recommendation of the City Council. Commissioner Greenwald asked if the City had any standards in regards to establishing the interest rate. Mr. Haas stated when the developer comes in to record their final plat, they have to pay all of their fees. The ordinance also allows the developer to pay the fee at a later date and interest would be based on the banks current rate. Commissioner Jasper stated in the cash contribution in lieu of land in the Ordinance, it indicates the fee per lot unit set by the City Council but he does not see in the Ordinance how the City Council sets the per lot fee. It also states the fee is set at the time of the preliminary plat but it also states any park contributions are based on the value at the time of final plat and this seemed inconsistent. Mr. Haas stated the only time they are based on market value is for commercial and industrial because it is a unit charge. Mr. Bednarz explained this section of the Ordinance is referencing State Statute which allows the City to collect ten percent of the value per lot for park dedication and the formula the City uses to arrive at the park dedication rates is based on trying to get close to the ten percent of the market value. Commissioner Jasper stated what he was getting at was what appeared to be inconsistencies in the Ordinance. There was discussion in regards to dedicated land and how it is worded in the Ordinance and the fees associated with it Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. There was no public input. Motion by Greenwald, seconded by Gamache, to close the public hearing at 7:24 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Commissioner Greenwald stated it was hard because they have not seen the entire study but through discussion, he thought some of the items were explained and Mr. Haas saw where the Commission wanted clarification. Commissioner Jasper stated he thought several things needed to be clarified on ordinance 9.07.1. He stated the additional language being added talks about cash contributions based on market value and the rest of the Ordinance as he read it says with residential property, it is either ten percent land or it's a per lot fee so the additional language should be amended to read "based on market value of commercial/industrial property." He noted the Ordinance does not currently address how a part land and part cash dedication • is handled. Also how the City Council sets the per lot fee is not clear. He stated in the Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 3 • Ordinance, there is not any formal guidance for the City. He suggested language be added to the Ordinance regarding these two items. Commissioner Gamache stated the lot fee is set with a separate Ordinance the City already has and it is separate from what they are looking at. He stated what they are looking at is not necessarily what the fee is but what changes are to be made in the Ordinance. Mr. Bednarz stated with a simple fix they can explain the fees are established with the city's fee ordinance. Commissioner Vatne stated asked for language that speaks to actions on the part of the Council to resolve a partial land/partial cash transaction. Acting Chairperson Kirchoff stated in the case of part cash/part land, he thought that it was usually by the direction of the City. Mr. Haas stated how he interpreted the Ordinance; it has to be agreed upon by both parties. The commission also discussed how a new park dedication rate will apply if the applicant seeks to extend an approved preliminary plat beyond the 1 year timeframe. Motion by Greenwald, seconded by Gamache, to recommend to the City Council approval of Resolution No. , approving the Ordinance amendments with the changes made by the Planning Commission. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. • Mr. Bednarz stated that this item would be before the Council at the April 1, 2003 City Council meeting. PUBLICHEARING: SPECIAL USEPERMIT (03 -04) FOR TEMPORARY GREENHOUSE OPERATIONAT 2218 BUNKER LAKE BOULEVARD NW. Mr. Bednarz explained the EDA decided the temporary structure would not be allowed in the Andover Station development. Co Greenwald stated he thought this would be a great place for one and he asked why the EDA voted against this. Mr. Neumeister stated the design standards do not allow for such a temporary structure and they were not willing to change the design standards. He stated the vote was four to two so there was some acceptance, but not overwhelming acceptance. He explained there was also one statement that the location in terms of reducing the number of parking stalls in a prime area of the parking lot was also the reason they did not want to see this there because it would take about twenty stalls near the front door. Commissioner Jasper asked if the EDA decides on an issue, is the Planning Co prohibited from making a decision on that issue. Mr. Neumeister stated the EDA is the party to the covenants and the controlling interest in the covenants at this point because they are the controlling interest in terms of the number of properties still owned by the Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 4 EDA at this time. He stated that when they established the design standards, those were • some of the guidelines or covenants that people that owned property in the area had to abide by so when they made this decision, they would be making this as a group reviewing their own covenant documents to see if this would allow for it and they felt it did not and they were not willing to change it Commissioner Gamache asked if Knowlans, when they built the store, knew they were not allowed to set up a greenhouse per the covenants when they moved in there. Mr. Neumeister stated they had to agree to the guidelines when they moved in but he did not think anybody read these. Commissioner Gamache stated they are putting one of their grocery stores at a competitive disadvantage for the summer because of this. Mr. Neumeister stated there was some mention by one of the EDA Commissioners about other greenhouse operations in the City that are taxpaying entities and that this would not be a taxpaying nursery or greenhouse operation because it is considered temporary and not taxed as such. PUBLICHEARING. ORDINANCEAMENDMENT (03 -02) TO CONSIDER AMENDING ORDINANCE 266 TO MODIFYF- USTING RENTAL LICENSING REQUIREMENTS. Mr. Neumeister explained that the Council discussed this issue in October 2002 and • directed staff to provide additional research on potential changes to the Rental Housing Ordinance. The City Council reviewed a draft of the potential changes on February 26, 2003. Council directed staff to bring it forward to a public hearing at the Planning Commission on March 11, 2003. During preparation of the changes, staff reviewed other cities that have adopted more stringent ordinances. The City of New Brighton was contacted, since they made such changes to their Rental Housing Ordinance in February 2001. There have been no legal challenges to their ordinance, at this point in time. This is partly due to significant discussions they had with the landlords before they adopted it in 2001. Mr. Neumeister discussed the information with the Commission. Commissioner Gamache asked if it was automatic according to the Ordinance being amended that it would automatically go to a provisional license after the second call or at the next renewal. Mr. Neumeister stated it is listed under provisional licenses in the Ordinance. He stated the fire indication under this section in the Ordinance, should be stricken. He stated the Ordinance does allow for an exemption of certain calls. Discussion ensued in regards to the number of calls per unit in the Ordinance before a license can be revoked. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 5 • Commissioner Greenwald asked if the City expected any more rental units coming into the City in the future. Mr. Bednarz stated he did not expect anymore than what has already been approved. Commissioner Greenwald asked if the $75.00 fee was arbitrary or was it taken from another Ordinance. Mr. Neumeister stated about a year ago they worked through the building department, fire department and they arrived at the $75.00 fee is an accurate number for the amount of time spent doing inspections on the units and when there are problems and violations, they have to inspect the units again. He stated they did a very detailed analysis and it was determined the number was correct. Commissioner Jasper asked if it was the intent when drafted. That it would be two calls to any apartment as opposed to any building. Mr. Neumeister stated it is two calls to any unit. Commissioner Jasper stated there needed to be clarification in regards to the use of units. He stated there were too many different ways dwelling/rental units are being used and is very confusing. Discussion ensued in regards to the wording in the Ordinance in reference to the different units and the wording that should be used. Commissioner Jasper stated they exempt domestic assaults so the statute would not apply • if they had a single woman living in an apartment and the estranged husband came over and assaulted her but the Statute would apply if a stranger would come and threatened the woman. Mr. Neumeister stated that was his understanding. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:59 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Mr. Eric Nyland, 2110 140 Lane NW stated he was an owner occupant of a rental unit on the street. He stated he would like to clarify a couple of things. He asked if the copy of the Ordinance he received was the final copy. Mr. Neumeister stated this was the latest version. Mr. Nyland stated to his understanding, he would pay seventy -five dollars to rent out one unit in his building. Mr. Neumeister stated he would not pay any fee because he would be exempt. Mr. Nyland stated he believed he should have to hold a license so he would be covered under the Ordinance. Commissioner Gamache stated he agreed. He stated if a person is renting out a unit in Andover, they should hold a license on the property. Commissioner Vatne stated he understood exempt units to be different than what was discussed. Mr. Neumeister explained the definition of exempt units. There was discussion in regards to exempt units in owner occupied rental houses. • Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 6 Mr. Nyland stated he was assuming that after adoption of this Ordinance, there would be • inspection of all the units, would they be inspected immediately after this. Mr. Neumeister stated every two years they would be inspected with the license renewal except owner occupied units. Mr. Nyland stated he would like all units inspected, including his. He stated as far as conduct on licensed property, holding the landlord responsible is tough to do when the landlord can not even evict for these types of violations, how can his license be taken away from him on those grounds. Acting Chairperson Kirchoff stated this Ordinance is being used as a backup to help with evictions. Commissioner Greenwald stated Dave Almgren stated they can evict and the ordinance is only backup so the resident is making a valid point. Mr. Nyland asked if they knew what the State Statute says because he does not think they should write this Ordinance without knowing what the Ordinance states. Commissioner Jasper stated it would be advisable to put into a rental agreement regarding this Ordinance. He stated it was a legitimate concern because the Ordinance does not make it a violation of the Ordinance to have a disorderly juvenile. Mr. Nyland stated on section 14, landscape conditions, are these different standards than that of the single family home in Andover. Mr. Neumeister stated the units have to be kept up and are not necessarily the same as the single family homes. Commissioner Gamache stated his understanding of this was that any deviation to species or material be equal or better than what was previously approved. Mr. Nyland stated different standards • for rental units are fine but they need to be fair. Commissioner Greenwald stated there is a difference with residential in landscaping because they approve each one on a case by case basis. Mr. Jason Shutz, 1970 147' Court stated there is a lot of emphasis on what the landlord should do and he was wondering when there is police incidence, how soon would the owner be contacted to an occurrence. Mr. Neumeister stated if they are going to institute these changes, they need quicker report from the Sheriffs' Department which the Sheriffs' Department agreed to. Commissioner Greenwald asked if they should put in the Ordinance a requirement for timely reports from the Sheriffs' Department. Mr. Neumeister stated they could do this. Commissioner Gamache asked if they could put into the Ordinance that the owner of a building would have a police report in their possession within thirty days. Commissioner Greenwald indicated they would probably need to find out from the Sheriffs if this would be possible. Commissioner Gamache stated he did not know if this would be possible because of possible investigation in a case. Mr. Shutz stated he would like a report within five days every time there would be an incident because then he could issue an eviction notice and have time to clean up the unit and try to rent it out again with a minimal loss of income. • Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 7 • Mr. Bednarz recommended putting the information and reports on a shared website for the owners to see. Commissioner Jasper stated he did not know if this would be possible because of privacy concerns and laws involving privacy. Mr. Bednarz stated he agreed that there were privacy issues and that would need to be addressed. Discussion ensued in regards to privacy and sharing information with the owners. Commissioner Vatne stated he believed the Ordinance was a database issue also with fairly complex reporting they were talking about and they need to have it work rapidly. Mr. Neumeister stated in New Brighton, the owners of the buildings formed a co-op to share information with each other regarding the tenants. Mr. Shutz stated he did not know if thirty -six owners would want to form a co -op. Mr. Neumeister suggested they could continue this item until they received more information from the sheriff and Mr. Amdahl regarding this discussion. Acting Chairperson Kirchoff stated this was a good idea. Mr. Matt McBride, 2600 13e stated he lived in one of the units for four years. He stated he was concerned about telling a tenant they were being held responsible for police calls, which would be grounds for eviction, what is going to stop them from calling the police • two or three more times before they are evicted and making him lose his license. Commissioner Gamache stated it indicates in the Ordinance that if the owner is working on an eviction, the owner would not have any adverse license action brought against the owner. Mr. McBride asked if there is a problem with a building down the block and they called the police, would the call count against the caller. Commissioner Gamache stated it would not count against the caller; it would count against the offender, which is in section seventeen of the Ordinance. Motion by Vatne, seconded by Gamache, to close the public hearing at 8:51 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Acting Chairperson Kirchoff stated he thought it would be advisable to have the City Attorney and the Sheriff come to help them with this before it is sent to the City Council. Commissioner Greenwald stated he would not feel comfortable passing this onto the City Council without more information. He asked in regards to the landscape condition, do they need to be more specific. Commission Gamache stated he did not think any of the properties have an approved landscape condition. Commissioner Greenwald stated it was brought up in the public hearing and thought it should be looked at. • Commissioner Vatne stated when he reviewed this, the discussion with the process in New Brighton, it took extra time to put this in place, but it saved time by reducing the Regular Andover Planning and Zoning Commission Meeting Minutes — March 11, 2003 Page 8 number of calls. He thinks there is a fixed process that would be similar for Andover to is install but the problem is they would not get the benefit by the number of call reduction because of the number of units. He stated there is a cost involved and he would like to get a better understanding of what the cost would be. He stated he would also like to find out what the turn around time would be for reports. Commissioner Vatne stated he was concerned with the strictness of the Ordinance on the landlord when the landlord can not be that strict with the tenants. Commissioner Jasper stated he is concerned with the reference to all the different units and he would like these better defined in the Ordinance. He stated he would support tabling this for further information. Commissioner Jasper stated in section eleven, it talks about violation of State law relating to possession of controlled substance, the State law differentiates between possession and sale and he would add this because a person can sell controlled substances without actually having them. He stated they should give a notice within a certain number of days and then give a certain amount of days to take the preventative steps. He thought it should be explicit and it should be a second incident after a notice is given. Commissioner Gamache stated he thought they should not require a landlord to respond any quicker to a notice than the City can respond to them. • Commissioner Jasper stated they need to clarify the number of police calls to a building. It should be "two police calls per unit" and not "two police calls per building ". Motion by Greenwald, seconded by Casey, to table this item for further discussion after revisions are made and to have a representative from the Sheriffs Department and City Attorney at the meeting. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. OTHER BUSINESS Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Greenwald, seconded by Gamache, to adjourn the meeting at 9:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary • Timesaver Off Site Secretarial, Inc. • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR REYNOLD N. ORSTAD TO SUBDIVIDE INTO TWO URBAN RESIDENTIAL LOTS PROPERTY LOCATED AT 16034 CROSSTOWN BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: The Northeast Quarter of the Southeast Quarter, except the north 208.00 Feet of the east 520 feet thereof, Section 14, Township 32, Range 24, Anoka County, Minnesota Except that part of said Northeast Quarter of the Southeast Quarter lying within the Right -of- Way of the Burlington Northern and Santa Fe Railroad. WHEREAS, Reynold N. Orstad has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 16034 Crosstown Boulevard 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: This property owner, as well as two adjoining property owners are to submit an interior lot line adjustment form which would allow parcel's A -1 and A -2 to become part of the church property to the northeast and parcel D would become part of the property to the southwest, while parcel E would become part of parcel C. All of this would be a condition of the lot split resolution, as to avoid the presence of any out lots. 2. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). • Adopted by the City Council of the City of Andover on this day of , 2003. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Mike Gamache, Mayor n U 0 • — :p — o mo a 4 r_ cc a) Z N 0 (P O CL = M Co E P CL Ln LU -0,2 a) r '2 J -j W 0 0 Lu a) 0 Ln W La rq 0 N 0 a, r c W Z Z W < M u - Ld = C Z 2 C3 W W uj MM Y u u > j a: ui Q Cc <L Ln cn C U) m CL 0 Li 0 75 (0 U 0 - - --------- 0 0_0 W-0 ..... ... ... ------ .......... 0 0 X X a) A 0 0 0 CL m.2 E m x E cc as L 0— -0 cc ----- - - (D (D ------------ ---- .0 A? 0 E> EM E d) 0 = 0 0 0 CD 00 CL (a 0 � N % ma oa CL .22 0 z — :p — b . Li+a M ew, I0/4 of N» SEi /4 of Ss 11, T. 3: 0. 24 /+Wm Caint� YaaurwN a< I � NE. Cr. 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I In N I f Ti II w F I IS y N 16( z) TO: FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US Planning and Zoning Commissioners Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING: Ordinance Amendment (03 -03) Consider Amendment to Ordinance 8, the Zoning Ordinance, Section 7.03 Special Uses to allow service station and car wash uses in the Shopping Center Zoning District before 25,000 square feet of retail floor space is constructed as part of an approved Planned Unit Development. DATE: March 25, 2003 INTRODUCTION The applicant is requesting an amendment to the Zoning Ordinance to facilitate the development of Hamilton Square, a commercial plat located at the northeast corner of Hanson and Crosstown Boulevards. Staff has discussed the potential development of the property with the owners of the property, their marketing firms and potential developers over the past two years. A recurring theme of the discussions are that the initial retail floor space requirement is too large for the first stage of development. Consider the fact that 25,000 square feet of retail is all that exists in Andover Marketplace which is anchored by a 50,000 square foot Festival Foods Service stations often anchor small retail developments by creating traffic patterns that draw customers into the area and make it more palatable for retailers. The proceeds from the first stage of the development can also be invested to prepare commercial pads and/or build to suit other businesses. Applicable Ordinances Ordinance 8, Section 7.03 Special Uses: SC Shopping Center: Car Wash after a minimum 25,000 sq. ft. of retail floor space is constructed. Service station after minimum 25,000 sq. ft. of retail floor space is constructed. DISCUSSION As the exerpt from the Zoning Ordinance illustrates, car washes and service stations require a special use permit in the Shopping Center Zoning District (SC) and are not permitted until 25,000 square feet of retail floor space is constructed. f The purpose of these provisions is to ensure that the Shopping Center Zoning district will provide a mix of retail goods and services for surrounding neighborhoods. The applicant presents • a method of achieving this goal without interfering with the order in which a site develops. Proposed Ordinance Amendment The proposed amendment would allow a service station and/or car wash to be constructed in the Shopping Center Zoning District before 25,000 square feet of retail floor space provided a planned unit development (PUD) is approved for the entire development. The PUD would be a contract between the developer and City that would provide for the following: • Limit the uses to ensure the development will be compatible with surrounding residential and public uses • Restrict the location of service station and car wash uses to prevent impact on surrounding residential properties • Prescribe design elements and building materials to integrate the overall site design and enhance the character of the intersection • Utilize shared parking to reduce the amount of unused impervious surface • Create a landscaping theme that presents the center to the intersection and protects surrounding neighborhoods • Create amenities that will help give an identity to the site • Create an association to uniformly maintain the site The applicants letter provides additional information regarding the proposed ordinance • amendment. Other Shopping Center Districts The only other site carrying the Shopping Center (SC) Zoning designation is the Andover Downtown Center located at the northeast corner of Bunker and Round Lake Boulevards. This development contains approximately 170,000 square feet of retail floor space including a service station and car wash as well as the County Market grocery store. There are two vacant commercial properties in this development. The SC District may also be used in the future as new areas are opened for urban development. Staff Recommendation Staff recommends in favor of the proposed ordinance amendment to allow flexibility in the staging of developments within the SC District provided a PUD is approved to ensure the centers will achieve the intent of the SC District as they mature. Attachments Proposed Ordinance Amendment Applicant's Letter Concept Plan for Hamilton Square (included in packet) Res d, e e 0 Cc: Landform c/o Darren Lazan 650 Butler North Building 510 First Avenue North Minneapolis, MN 55403 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE 8, SECTION 7.03 SPECIAL USES TO ALLOW SERVICE STATION AND CAR WASH USES IN THE SHOPPING CENTER ZONING DISTRICT BEFORE 25,000 SQUARE FEET OF RETAIL FLOOR SPACE IS CONSTRUCTED AS PART OF AN APPROVED PLANNED UNIT DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 7.03 Special Uses SC Shopping Center Car Wash after a minimum of 25,000 sq. ft. of retail floor space is constructed except as otherwise approved as part of a Planned Unit Development Service Station after a minimum of 25,000 sq. ft. of retail floor space is constructed except as • otherwise approved as part of a Planned Unit Development Adopted by the City Council of the City of Andover on this day of , 2003. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk • AIL WMr LANDFORM MINNEAPOLIS -PHOENIX March 19, 2003 RECEIVED Courtney Bednarz City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Zoning Ordinance Text Amendment Dear Mr. Bednarz, MAR 19 2003 CITY OF ANDOVER On March 10, 2003, Landform submitted an application for a Zoning Ordinance text amendment related to service stations and car washes in the Shopping Center (SC) Zoning District. The SC zoning district currently allows service stations and car washes as a Special Use only after 25,000 square feet of retail floor space is constructed. While we understand that the intent of this requirement was to prohibit the construction of strictly auto - oriented uses at the key intersections of the City, we believe that there are other equally effective methods of ensuring a mix of quality development in the SC zoning districts. Specifically, we are requesting that the ordinance text be amended to allow flexibility as part of a Planned Unit Development (PUD). We are requesting that Section 7.03 (Special Uses) of the Zoning Ordinance be amended to read as follows: Car Wash after minimum 25, 000 sq. ft. of retail floor space is constructed,. except as otherwise approved as part of a PUD Service station after minimum 25,000 sq. ft. of retail floor space is constructed, except as otherwise approved as part of a PUD The Zoning Ordinance text amendment is requested in order to allow development of "Andover's Clocktower Commons ", a mixed commercial development at the northeast quadrant of Crosstown Boulevard and Hanson Boulevard. It is our intent to develop the property as a Planned Unit Development (PUD) with a high level of amenities and a mix of retail and office uses. The concept plan includes a clocktower entry feature at the corner of the Hanson and Crosstown Boulevards, which would be a landmark for this development and the Andover community. The clocktower feature would be integrated with the public trail system and the private sidewalks within the development to allow convenient pedestrian access. The development would include integrated landscaping with water features and patios to be enjoyed by patrons. The property would be developed by a master developer and maintained under an association. The association would maintain the common elements, such as the shared parking, clocktower and landscaping. As part of the PUD, the developer would also establish design standards to ensure quality building design. The buildings would be constructed of high - quality materials and would be designed to ensure compatibility within the development. 0 0 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net Courtney Bednarz Re: Zoning Ordinance Text Amendment Paae 2 March 19, 2003 Our concept plan shows a gas /convenience store with car wash, sit -down restaurant and a mix • of office and retail uses such as coffee shops, bakeries and other service retail stores. The specific tenants have not yet been finalized, but we would anticipate a mix of uses as allowed in the SC zoning district. The PUD allows the developer some design flexibility in exchange for a higher level of design, but the existing ordinance does not allow us the flexibility to respond to the market demands. Given the size of this particular site, we anticipate 25,000- 35,000 square feet of retail can be constructed on site. The current ordinance would require the entire project to be built before the gas /convenience store is allowed to begin construction. The PUD process would ensure that the entire project would be built in a timely manner as approved by the City Council; therefore, prohibiting construction of the gas /convenience store in early stages of construction serves no meaningful purpose. The PUD approvals would specifically state which uses would be permitted where and could prohibit construction of an auto - dominated development. Therefore, the restrictions on timing of construction serve only to unduly burden the landowner. If the Zoning Ordinance text amendment is approved as requested, the City would have the flexibility to allow the developer to begin construction of the gas /convenience store prior to completion of the other retail. This is critical in order to allow the developer the flexibility to respond to the market demand. The City would still have a high level of discretion when reviewing the PUD request and approval of the PUD would approve specific uses and would ensure that the development would not be strictly auto - oriented. Approval of the Zoning Ordinance text amendment would allow the development team to proceed with preliminary plans and applications for approval of "Andover's Clocktower Commons ". The requested text amendment would continue to allow the City a great deal of discretion when reviewing PUD applications, but would allow the developer the necessary design flexibility to develop this property. Therefore, we respectfully request approval of the Zoning Ordinance text amendment. If you have any questions, please call me at 612.252.9070. Sincerely, LANDFORM' 1 1 Darren . Lazan, CEO DBUksl ' Landform Engineering Company doing business as Landform • 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 www.landfonn.net • N • RECEIVED MAR 1 9 2 CITY OF ANDOVER t& l� LANDFORM M I NN EAP OLI S P NOEN I% Concept Sketch 03.07.03 I I 0 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 Commission Members FROM: Will Neumeister, Director of Community Development 96L SUBJECT: Environmental Assessment Worksheet (EAW) for Andover Station North DATE: March 25, 2003 INTRODUCTION As directed by the EDA, staff has been working with Short Elliot Henrickson (SEH) to prepare an Environmental Assessment Worksheet (EAW) for Andover Station North. The proposed schedule for processing it for public comments is as follows: • Andover's EDA review of Executive Summary of the EAW -- Feb. 12 • City Council review of Executive Summary of the EAW- Feb. 18 • EQB Monitor Publication (i.e. available for comment)- March 17 • Public Hearing at Planning Commission - March 25 • EAW Comment Deadline- April 17 • City Council develops a "Record of Decision" and makes "Negative Declaration" on need for EIS -May 6 • Mail responses to comments to all Agencies- May 7 DISCUSSION The EAW is a technical document used for purposes of determining whether there is a need for an Environmental Impact Statement (EIS) based on the proposed development. The City staff has prepared an "Executive Summary" for the Environmental Assessment Worksheet. Please find it attached. A full presentation of the details of the entire EAW document will be made at the Planning Commission meeting. ACTION REQUIRED The Planning Commission is requested to review the "Executive Summary" and EAW document and take public comment on the proposed development. All comments made at the Public Hearing will be incorporated into the "Record of Decision" that becomes a permanent part of the record on the environmental clearances that are mandatory. 5 Respectfully submitted, Cf� Will Neumeister Andover Station North Executive Summary Environmental Assessment Worksheet General Description The City of Andover has a strong interest in developing this site into a quality commercial development that will also have a medium to high- density residential component. The conceptual plan prepared by the City includes restaurant pads on the south side, a large box retail use, and a mixture of commercial /retail /office use on the northern portion of the site that could include up to 373,000 square feet of space. Approximately 10 acres along the west portion of the site has been identified as medium to high - density residential use of up to 100 units of multi - family housing that may include townhomes, apartments or condominiums. The specific lot layouts and uses are subject to change as the site design evolves and specific users are identified. A deed restriction requires a setback from the landfill site on the north end, and the development plan includes park and recreation uses in this area including soccer or softball fields. These restrictions include provisions to require that any building constructed on the property within 500 feet of the landfill be constructed so as to protect occupants from infiltration of landfill gas. In addition, the restrictive covenants also establish safeguards to ensure that extraction of groundwater from the site will not endanger the public health and safety. Effects of Development Site drainage will likely be routed to an existing DNR protected wetland located on POV's property. A regional pond is proposed to receive storm water runoff from the developed site before it enters this wetland. There also may be an opportunity to develop this regional pond as a site amenity. There are currently or were in the past, a number of wetlands located on and adjacent to the site. Overall, the most significant impacts to be generated by the proposed development will be increased vehicular traffic, and noise and dust related to construction activities. The relatively intensive development of the Andover Station North site will bring valuable tax base to the City and provide an opportunity to mitigate known environmental concerns while adding desirable land uses to complement surrounding development. The project will involve the physical and/or hydrological alteration of surface waters including onsite wetlands. The project will include filling approximately 0.71 acres (30,927 square feet) of wetland habitat for the construction of the development site. Approximately 0.71 acres of new wetland will be created on site to mitigate for the wetland fill. Additional areas of upland buffer and storm water treatment will also be created. Petroleum Contamination A field investigation was completed in conjunction with the Phase II ESA. Several soil samples were collected at various depths from test pits. The field investigation indicated that the northeast portion of the former Andover Auto Wrecking Auto Salvage Property has been impacted by petroleum contamination. Soil contamination typically extended from the ground surface to the water table. The water table appears to be at approximately 7 feet below ground surface (bgs), however saturated soils were present above areas of high organic content. These higher water table levels are likely due to perched water conditions. • Organic soils were found at the Site in areas of soil contamination. The organic soil is not distributed evenly across the site but is generally 3 to 4 feet thick in some areas. The Phase II ESA resulted in a recommendation that the City of Andover work through the MPCA Voluntary Petroleum Investigation Cleanup (VPIC) Program. The VPIC program will allow the City to develop a development response action plan for the petroleum- impacted property. Traffic Impact Study A traffic impact study has been performed to examine the potential traffic impacts of the proposed Andover Station North Development Site. The detailed traffic impact study is on file with the City of Andover, Community Development Department. The traffic operations analyses for 2022 conditions indicate that there will be significant traffic impacts to Bunker Lake Boulevard and Hanson Boulevard and at the key intersections with and without the proposed development. To mitigate these traffic impacts, various improvements were recommended and detailed in the traffic study. This project will require extensions of public roadways and utilities to serve the development. A new collector roadway will be constructed through the project site. This new 4 -lane roadway will connect to Bunker Lake Boulevard at Jay Street and will connect to Hanson Boulevard at 139` Lane. To serve the project as well as anticipated traffic growth in the area, the existing 2 -lane section of Hanson Boulevard near the project site will need to be upgraded to 4 -lane divided roadways with turn lanes at the 139` Lane intersection. Also, left turn lane improvements will be needed at the Bunker Lake Boulevard /Jay Street intersection. • The improvements needed without the proposed development being in place, are planned to be completed by 2010, according to the Anoka County 2015 Transportation Plan. The timing of the improvements associated with the development depends upon how quickly development takes place within the proposed site. Summary Nothing was found by the City's consultant during the preparation of the EAW that pointed toward the need for further study or an Environmental Impact Statement (EIS). Public Comments All public comments made at the Planning Commission meeting and/or submitted in writing during the 30 day comment period will be responded to and made a part of the "Record of Decision ". Tenatively this final step in the process is being scheduled for the May 6, 2003 Council meeting. If significant comments are made, that date may need to be delayed.