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HomeMy WebLinkAbout02/14/06A C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda February 14, 2006 Andover City Hall Council Chambers 7:00 a.m. 1. Call to Order 2. Approval of Minutes — January 24, 2006. 3. PUBLIC HEARING: Conditional Use Permit (06 -01) to allow zero lot line construction on Lot 5, Block 3, Andover Station North located northwest of the intersection of Hanson and Bunker Lake Boulevards. 4. PUBLIC HEARING: Lot Split (06 -03) to create two lots from Lot 6, Block 1, Andover Station North located northwest of the intersection of Hanson and Bunker Lake Boulevards. 0 5. Work Session: Automobile Sales Performance Standards 6. Other Business 7. Adjournment • 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: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - January 24, 2006 DATE: February 14, 2006 Request The Planning and Zoning Commission is asked to approve the minutes from the January 24, 2006 meeting. 0 L A C I T Y 0 F N Db 06 iVYE A PLANNING AND ZONING COMIIHSSIONMEETING — JANUARY 24 2006 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 24, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchof� Rex Greenwald, Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:05 pm.) and Michael King. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OFAIVWTES. January 10, 2006 Commissioner Kirchoff stated on page 12, it indicated the motion carried on a 3 -ayes, 3- nays vote. It should have indicated that the motion failed. Motion by Kircho$ seconded by Casey, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1 - absent (Walton) vote. PUBLIC HEARING: LOT SPLIT (06 -02) TO CREATE TWO COMERCIAL LOTS FR OM PROPERTYLOCA TED AT 3480 BUNKER LAKE BOULEVARD NW. Mr. Bednarz noted the proposed split would create an additional commercial lot m the Neighborhood Business Zoning District - Mr. Bednarz reviewed the staff report with the Commission. • Commissioner Kirchoff wondered the variances were favored and the lot split was okay, when it comes to developing the property, will there have to be additional variances at Regular Andover Planning and Zoning Commission Meeting Minutes —January 24, 2006 Page 2 that time or will the variances that the developer is asking for today be enough. Mr. • Bednarz stated a site plan is still being developed and it is too early to answer the question at this time. Commissioner Walton arrived at 7:05 p.m. Commissioner Greenwald stated if the existing two story brick building was damaged more than fifty percent and they needed to rebuild in the future, would they be able to. Mr. Bednarz stated they would not and that was the reason they were putting in the variances. The Commission discussed with staff the reasons the variances were needed. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:09 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. No one wished to address the Commission. Motion by Casey, seconded by Greenwald, to close the public hearing at 7:10 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Joy Boebland, 17721 Germanium Street, Ramsey, applicant, reviewed the history of the building with the Commission. She stated that if the variance is not granted, it will leave both parcels of land unusable. Commissioner King wanted to make sure that if something does happen to this building in the future, the owner would be able to rebuild and he did not want to put anymore restrictions on this then there already were. Chairperson Daninger stated there seemed to be an agreement between the property owner and the church regarding parking and should they be concerned about the parking if they grant the variance. Mr. Bednarz stated there was an agreement with the City regarding parking and the ordinance does allow shared or off site parking. Commissioner Greenwood wondered what type of business could potentially go in this neighborhood. Mr. Bednarz stated the neighborhood business district allows a general array of retail along with office and other types of commercial business. A gas station is allowed in neighborhood business with at least two acres of land and a CUP. Commissioner Holthus wondered if any businesses have approached the applicant regarding any type of other business that could be on this parcel. Ms. Boehland stated over the past five years, they were approached by two banks for the land and church land to build a large complex but the banks have not come back with a proposal. She indicated she would like to build an office/retail space for herself and did not plan on • selling it Regular Andover Planning and Zoning Commission Meeting Minutes —January 24, 2006 Page 3 Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the proposed lot split subject to the conditions of the attached resolution. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the February 7, 2006 City Council meeting. PUBLIC HEARING: CITY CODEAMENDMENT TO AMEND CITY CODE 12 -13 PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED TO CONSIDER NEW AND USED AUTO SALES IN THE INDUSTRIAL ZONING DISTRICT. Mr. Bednarz explained the applicant is requesting that the City Code be amended to permit both new and used vehicle sales in the Industrial Zoning District. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff wondered as a conditional use, could they require the lot to be paved. Mr. Bednarz stated all parking lots are required to be paved with or without a CUP. Commissioner Kirchoff wondered if they would be required to have plumbing and electrical. Mr. Bednarz stated they could require a building with modern construction and utilities if available. Motion by Casey, seconded by Holthus, to open the public hearing at 7:27 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input_ Motion by Casey, seconded by Kirchoff, to close the public hearing at 7:28 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Joe Brabant, 16351 Gladiola Street, Andover, stated it is required by law when there is a dealership to have plumbing and paved parking and have the building attached to the ground. Mr. Brabant stated in looking at the City's zoning requirements, the conditional uses permitted to have a retail trade services and outdoor sales lot and storage are both conditional uses in industrial and general business. He wondered why a car lot is any different. He noted a car lot does not look any different than a Target except for the carts is in the lot. Regular Andover Planning and Zoning Commission Meeting Minutes — January 24, 2006 Page 4 Mr. Brabant stated a car is the second largest investment a person makes and there is • nowhere in Andover where a person could purchase a car. He stated his business would not be a place that would turn into a junk yard. He stated they have spent time and money in the Hughes Industrial Park upgrading their building and area. He stated there are only two areas in the City that would be allowed to have and be impacted by a used car lot. One is the Hughes Industrial Park and the other is Andover Station. Mr. Brabant stated he is trying to make the corner of CSAH 9 and CSAH 20 look better because he works and lives in that area and at times it can look pretty bad but the owners are trying to clean up the area. Commissioner Greenwald wondered how many cars were being talked about for sale. Mr. Brabant stated a car dealership can usually put as many cars as they can and he did not want to have a restriction put on this. He stated the only objection at the City Council meeting that was made was regarding all of the junk yards started out as used car lots which was not true. They were junk yards that got used car licenses later to retail some of their piece together vehicles. That was the only objection that was made at that time. Commissioner Greenwald excused himself from the meeting at 8:40 p.m. Mr. Brabant indicated he would like to have this approved and to have conditions put on this because he did not want someone to come in after him and be allowed a used car dealership that was junky and not maintained and then have his business look bad because he was the one who pushed for this in the first place. Commissioner King wondered if Mr. Brabant was also looking to have a garage to work on vehicles. Mr. Brabant stated there is presently a repair facility on the site but it is a renter in the building and the used car dealership would be a separate business. Commissioner Holthus stated when she thought of a dealership she thought of a new car dealership and when she thought of a used car dealership she thought of the businesses on Highway 65 in Ham Lake and East Bethel. She wondered what Mr. Brabant was envisioning for this. Mr. Brabant stated his business would be on that level. Ramsey has some marginal car lots but they also have nice ones. He indicated his would be well maintained and he would push to see conditions so that those types of businesses would not happen in Andover. Commissioner 'Walton stated they need to look beyond what Mr. Brabant's request is and look to the future of the City. He stated they need more daytime businesses in order to get other businesses in such as restaurants. Chairperson Daninger stated he is not comfortable approving this because Andover is a different city. He did not think it would fit in to that area. For fifteen to twenty cars, they would set precedence and he did not feel comfortable approving this. The way the • ordinance is written now, he feels comfortable with it Mr. Brabant wondered what the • r - - I L Regular Andover Planning and Zoning Commission Meeting Minutes — January 24, 2006 Page 5 difference was between a car dealership and a nursery and what negative impact would it have on the City. Chairperson Daninger thought trees looked better on display than a car. Commissioner King wondered if a CUP would be granted in this situation, would Mr. Brabant take vehicles in on a consignment basis. Mr. Brabant stated he had no intention of doing this. Commissioner King asked how large the lot is. Mr. Brabant indicated it was just shy of an acre. Commissioner Walton wondered if there were any problems from other cities when they brought auto sales into their communities. Mr. Bednarz stated auto sales are an interesting thing as it relates to zoning and local communities opinion of them. Some communities go as far as to establish a particular ordinance with performance standards. Some get very specific and some regulate them as a CUP and leave it at that He thought it has a lot to do with the operators and whether or not that becomes an issue for a community. Commissioner Walton stated be would be in favor of changing this to a conditional use permit Commissioner Holthus indicated she would not Commissioner Casey stated he would like to change it Chairperson Da indicated he would not Commissioner Kirchoff stated he would because he thought their general business was rather restrictive right now and he thought they were limiting things. Commissioner King stated he would be in favor of a conditional use with established performance standards. Motion by King, seconded by Casey, to Amendment to amend City Code 12 -13 and have staff come up with guidelines. recommend approval of the City Code to allow the use with a Conditional Use Permit Commissioner Kirchoff asked if this did go through and approved, prior to anyone being granted a CUP in this area, all of the conditions they are developing with staff would be created first Mr. Bednarz stated that could be done. There are two ways they could approach that They could have a general set of standards that everyone who sells automobiles have to comply with but also with the CUP, they can look at the specific operation. Motion carried on a 4 -ayes, 2 -nays ( Da Holthus), 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the February 7, 2006 City Council meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — .7anuary 24, 2006 Page 6 PUBLIC HEARING: PRELIMINARY PLAT OF KENSINGTON ESTATES 7' • ADDITION, AN URBAN RESIDENTIAL DEVELOPMENT LOCATED IN THE SOUTHWEST QUARTER OFSECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. Mr. Cross stated the Planning Commission is asked to review a preliminary plat for Kensington Estates 7 Addition. This proposed 12 -unit subdivision sits on 6.4 acres adjacent to the WDE landfill. The site is unique in its shape and also by the fact that there is a 200 -foot no -build buffer around the adjacent landfill that significantly reduces the usable amount of land for this development Mr. Cross discussed the staff report with the Commission. Chairperson Daninger wondered if the applicant was aware of the trail to the south. Mr. Cross stated the Public Works Committee has a chance to review earlier in the day and this is an element presented in the Resolution as it goes forward to the City Council with a description in the staff report at that point Commissioner Holthus wondered what the intent was for the area south of the development and north of Red Oaks. Mr. Cross stated this is a City owned wetland and drainage area and he did not know of any plans for development Commissioner Walton wondered if the area on the far east of the development, Lot 3, Block 1, all the way to the bottom of the plat, is drainage and mitigation. Mr. Cross stated it will be placed in a drainage and utility easement This will restrict any possible construction or development on the site in the future. Staff discussed with the Commission the easement and the requirements that will be imposed on it to preserve it Motion by Casey, seconded by Kirchoff to open the public hearing at 8:08 p.m Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Ms. Bonnie Hyack, 2067 14r Avenue, stated all of the trees are gone now. She would be concerned if more trees will be going in or will they still see the fence and dump. She thought the trail was a great idea because a lot of people do walk back there. Mr. Winslow Holasek, 1159 Andover Blvd, wondered where the boundaries of the WDE site are. Mr. Cross stated the boundaries are not reflected on the map. Mr. Cross showed some of the WDE site on the map. Mr. Holasek thought in the future, if there are a bunch of blank parcels on the land next to the proposed development on the map, they be identified by what they are. • Regular Andover Planning and Zoning Commission Meeting Minutes — January 24, 2006 Page 7 Motion by Walton, seconded by Casey, to close the public hearing at 8:16 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Commissioner Walton asked when the Commission looked at the additional trail to the south earlier today, did they have a concept of the WDE or Andover Station North to see where the trail may or may not go and because it ties into the location that was generally circled where it might come out of the bottom cul -de -sac or would it be better to look at a end to lot three in block one and the rest of it be similar to the corridor that runs along Coon Creek. He wondered if it would be a better developmental use of that land and then allow it an easier connection to the ball fields in Andover Station North. Commissioner Kirchoff wondered what if Andover did not want to receive that property in lieu of the cash they would receive from all of the lots in the development. He stated this is going to be a low traffic area and maybe they could utilize the street and receive all the funds for the park dedication which maybe a better way to use the funds. Commissioner Walton did not think that park dedication fee was that significant on that piece of land and his concern was if he was the landowner of lot 3 and all the trees were removed, he would not want to mow the entire lot 3. He wondered if they needed all of the berming and trenching and he wondered if they could utilize the plat for the City to use. . Chairperson Daninger stated they usually rely on the Parks Commission to review trails in the City and guide the Council. He stated the only concern he has is there is a two hundred foot buffer and it looked like it gets pretty close to the road and he did not know if a trail could go through there and if a bituminous path could go in there. Mr. Bednarz stated there are two parallel concerns being expressed. One is the condition and future maintenance of the extremely large and odd shaped lot on the east side of the property and the other is the trail and how that relates and plays into this. The City typically does not require trails or sidewalks along the local streets because they are thirty -three feet wide. The trail connection would be from the end of the street. The street would be used as the trail and then meander into the park. Instead of a parallel cost of paving another trail, the road would satisfy that Mr. Bednarz stated in terms of the long term maintenance and condition of that property, he agreed that was something that needed to be addressed further. He stated the owner at one point discussed deeding or selling the property to the State but he did not know the status of that. Commissioner King wondered how the methane gases would be monitored and who would be responsible for putting those in. Mr. Cross thought the developers and builders would be responsible for installing them and they would be required to follow State guidelines when doing this. • Commissioner King wondered if this should be in the Resolution. Mr. Cross stated it could be added if the Commission wished to add it Commissioner King thought it Regular Andover Planning and Zoning Commission Meeting Minutes — January 24, 2006 Page 8 should be included. Chairperson Daninger thought it was included in Item 3 of the • Resolution. Mr. Jeff Wheeler, 15670 Raven Street, applicant, stated he was at the meeting to answer questions. Chairperson Daninger wondered what the intent of Lot 3 is going to be. Mr. Wheeler stated they were concerned about that lot as well. He thought it would be best to include that in a drainage and utility easement which would limit the homeowner from using that property for certain things such as a shed. As far as what they plan on doing with that area is nothing besides boulevard sod and other items, which they are required to do. As far as tree removal, they will remove the trees that they believe need to be removed in order to put in the drainage pond. The majority of that area is for a holding pond, which is required for the development. They will not be doing any berming that they are not required to do. He did not think they could get a trail in that area with the ponding they are required to do. Commissioner Walton wondered what the intended mix of the homes going in to the development and will they look like the existing homes nearby. Mr. Wheeler stated in his opinion, they will be an improvement of the homes next door. He indicated the current neighborhood is a nice area and their intent is not to build lower value homes. The homes proposed to be built will be an upgraded value or at least the same value as • the homes that are already there. Commissioner Walton wondered what the approximate lot cost is. Mr. Wheeler stated it depends on what the Council would like added to it to add additional expense to it The Commission discussed with the applicant the uses for the lower portion of Lot 3. Mr. Bednarz wondered if the area could be deeded back to the State. Mr. Wheeler stated at this point everything has been on hold. He stated there was mention earlier on that the State may be interested in acquiring the land but nothing has come of it Commissioner King stated they discussed the trail earlier and at the southern end of that area the trail would be going across wetland. He wondered if there was some discussion between staff and the developer how the trail would go. Chairperson Daninger stated this was a decision made this afternoon as a recommendation by the Public Works Commission and he did not think that made it to the applicant yet. Chairperson Daninger wondered if it was deeded to the State, what the positive is and negative. Mr. Bednarz stated there would be some minimal maintenance as a part of this. Chairperson Daninger wondered if there has been any alternative discussion regarding this. Mr. Cross stated they have discussed alternative ideas for other developments and one solution was to plant native or low maintenance plantings to place a control on the amount of maintenance that would be required in the future. Regular Andover Planning and Zoning Commission Meeting Minutes — January 24, 2006 Page 9 • Mr. Wheeler stated as they look at the area, the grade drops dramatically off to the east and there are trees there so he was not sure how much they would want to clear to maintain that area and a lot will be left undisturbed. The Commission discussed further the east part of Lot 3 with the staff and what needed to be done to maintain it Motion by Walton, seconded by Kirchoff� to recommend approval of the Preliminary Plat of Kensington Estates 7 Addition subject to the conditions of the attached resolution with the recommendation that staff review lot three and its long term impact to the development and community. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Cross stated that this item would be before the Council at the February 7, 2006 City Council meeting. PUBLIC HEARING: LOT SPLIT (06-01) TO CREATE TWO COMMERCML LOTS FROM LOT S, BLOCK 3, ANDOVER STATION NOR THLOCATED NORTHWEST OF THE INTERSECTION OFHANSONAND BUNKER LAKE BOULEVARDS Mr. Vrchota explained the Andover Economic Development Authority (EDA), which owns the lot, is requesting the lot split. The lot split would allow the EDA to move forward with a land sale to Louis Rudnicki for a proposed retail strip center on parcel A The strip center would feature zero lot -line construction, with Mr. Rudnicki building and owning the portion on parcel A and another party building and owning the portion on parcel B. Mr. Vrchota discussed the staff report with the Commission. Commissioner Kirchoff wondered if access onto Bunker would be from the Regions Bank location. Mr. Vrchota showed on the map where access would come from. Chairperson Daninger stated the entire map is what they were going to be splitting but he wondered if the entire building would be built for one potential tenant. Mr. Vrchota stated they have a developer looking to build a portion of the building with tenants and the other part of the lot would be sold for another person to build another building on it Motion by Walton, seconded by Casey, to open the public hearing at 8:53 pm. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Winslow Holasek stated he did not know that the County was allowing right -in • access from Bunker Lake Boulevard. Mr. Vrchota indicated they received permission Regular Andover Planning and Zoning Commission Meeting Minutes —January 24, 2006 Page 10 from the County to have a right -in only. Mr. Holasek thought this was a double standard • that the County was allowing this in one area but not another area. Mr. Holasek wondered if there was an agreement for someone to buy the southern lot because if there was not he thought this would be limiting the lot in the future to a certain use in order to match the building that will be built there and to fit on the lot. Motion by Casey, seconded by Kirchof� to close the public hearing at 8:58 pm. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Commissioner Walton wondered if there was any discussion given to selling the back half of the lot first rather than the front part of the lot. Mr. Vrchota indicated the person purchasing this property is interested in the back portion of the lot. Chairperson Da stated the Commission will want to watch what gets hooked onto the front part of the lot when that proposal comes forward. Motion by Kirchoff, seconded by Walton, to recommend approval of the proposed lot split. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the February 7, 2006 City Council meeting. 9 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Vrchota reviewed the Planning Commission's 2005 Annual Report. ADJOURNMENT: Motion by Casey, seconded by Holthus, to adjourn the meeting at 9:05 pm. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. • A IInT(Y� O F \DVVE 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: Courtney Bednarz, City Plannel� SUBJECT: PUBLIC HEARING: Conditional Use Permit (06 -01) to allow zero lot line construction on Lot 5, Block 3, Andover Station North located northwest of the intersection of Hanson and Bunker Lake Boulevards. DATE: February 14, 2006 INTRODUCTION A conditional use permit is required to allow commercial buildings to be constructed up to a property line as indicated in the following section of the City Code: 12 -5 -2: SIDE AND REAR SETBACK EXCLUSIONS: In all B districts and all I districts, the side and rear setback requirements may be excluded, provided party walls are used. Such exclusion from side and rear setbacks shall be permitted only after issuance of a conditional use permit. DISCUSSION The Economic Development Authority (EDA) has entered into an agreement with the applicant • to sell the north portion of the lot that was part of the lot split application recently reviewed by the Planning Commission. The proposal is to construct the northerly portion of the retail building with the south wall of the building constructed to the property line as shown on the attached site plan. It is anticipated that the southern parcel will be sold to another party and the remainder of the retail building shown on the attached concept plan will be constructed at that time. The buildings would be designed and built to look identical in appearance. A condition of approval will require the common wall of the building to be constructed with a fire rating acceptable to the Fire Chief. Staff Recommendation Staff recommends approval of the conditional use permit subject to the attached resolution. ACTION REQUESTED The Planning Commission is asked to recommend approval of the proposed conditional use permit subject to the conditions of the attached resolution. Attachments Resolution Location Map Site Plan Con ept Plan • mitted ey Cc: Louis RU , 2711 Dahlia Street NW, Oak Grove, MN 55011 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS RUDNCIKI FOR SIDE YARD SETBACK EXCLUSION AND ZERO LOT LINE CONSTRUCTION AS PROVIDED BY CITY CODE 12 -5 -2 ALONG THE SOUTH PROPERTY LINE OF PARCEL A AND ALONG THE NORTH PROPERTY LINE OF PARCEL B ON PROPERTY LEGALLY DESCRIBED AS: PARCEL A: The North 195 feet of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof, Anoka County, Minnesota. PARCEL B: That part of Lot 5, Block 3, Andover Station North, according to the recorded plat thereof, Anoka County, Minnesota, lying south of the north 195.00 feet thereof. WHEREAS, Louis Rudnicki has requested a Conditional Use Permit for side yard setback exclusion and zero lot line construction along the south property line of the subject property, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined • that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request, and; 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 Conditional Use Permit for side yard setback exclusion and zero lot line construction along the south property line of Parcel A and the North property line of Parcel B with the following condition: 1. The proposed project shall complete the Commercial Site Plan Process. 2. The building wall constructed along the south property line of Parcel A and along the north property line of Parcel B shall provide a fire rating acceptable to the Fire Chief. Adopted by the City Council of the City of Andover on this — th day of ) 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk ANDOVER STAT /ON NORTH loc.�tr�o�t �p I - • 4.4iV - . .. .... - --- __ ..�lY•�'•rsT .. V.. ..... -...... _.. ._. ' ___� .-------- eYl.�_ i el4l`----- 'amor o I • .I " ovacr o ar Or _ F• 'wm �'.' `� °"�' - � c, ,. . --+awn..__ a- 1 1 j OUTILar 1% 1 &01-10 . e IO .+•_R .AlPtX .4•w Yil _ _ 1 MnLi_• 1$lOnAf -- 0 Y'4K�•_•• :• --------- des --------------- _ ' 3 Iri -_ - Ir a _� ........ —.:.. _ r : .._.._.._. . _ J0.G0 r r l lOIAEVAgC ICOIMYBOAC •.: S.. A 0D 17V i�lA �.' ..i .. 11 nMiiw •.YI♦ �'N;�.. ... • � I �fNF ` JR RO # .Y. .r nw•4 C.r _. ..4 r.A..•M.. 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DATE: February 14, 2006 The Andover Economic Development Authority (EDA), which owns the lot, is requesting the lot split. The lot split will allow land sales to two developers to move forward. Parcel A will be sold to Bruggeman Builders to be included in the Parkside at Andover Station development. The EDA is working with a developer who intends to build office condominiums, similar to those found in Andover Station, on Parcel B. The property is currently zoned General Business (GB). Parcel A will need to be rezoned to Multiple Dwelling (M -2). This will be done at a later date, along with a parcel of land the City is acquiring from Pov's Sports Bar that is also going be included in the Parkside at Andover Station plat. Parcel B does not need to be rezoned. Access Access to Parcel A will be provided through the Parkside at Andover Station development. Access to Parcel B will be from Jay Street. Easements Easements around the perimeter of the existing property were taken at the time that Andover Station North was platted. Easements along the new property line are not needed and are not being required. Utilities Utilities for these lots were installed when the improvements for Andover Station North were constructed during the fall of 2005. Park Dedication Park dedication fees of $2425.00 per unit will be collected through the Parkside at Andover Station plat for Parcel A. Park dedication fees equal to 10% of the purchase price of the land will be collected at the time that Parcel B is sold. 0 t Trail Fees A trail fee of $590.00 per unit will be collected through the Parkside at Andover Station plat for Parcel A. A trail already exists along the west side of Jay Street, and the cost of • this improvement will be figured into the sale price of the land for Parcel B- there will be no additional trail fees for Parcel B. Staff Recommendation Staff recommends approval of the lot split subject to the conditions of the attached resolution. Attachments Resolution Location Map Property Survey Parkside at Andover Station Plat Drawing- Parcel A Preliminary Site Plan- Parcel B Conceptual Rendering of Office Condominiums ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. Respect ly su miffed, Chris Vrchota Cc: Jim Dickinson, Executive Director - Andover EDA, Will Neumeister, Community Development Director P 0 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY TO SUBDIVIDE A COMMERCIAL LOT INTO TWO LOTS FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF HANSON AND BUNKER LAKE BOULEVARDS AND LEGALLY DESCRIBED AS: Lot 6, Block 1, Andover Station North, Anoka County, Minnesota. To be divided into properties to be described as; PARCEL A: That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County, Minnesota, lying westerly of the following described line: Beginning at the most southerly comer of said Lot 6, for the purposes of this description, the south line of said Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence North 38 degrees 26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees 37 minutes 40 seconds East a distance of 84.75 feet to an angle point on the northwesterly line of said Lot 6, distant 276.48 feet northeasterly of the most westerly, northwest corner of said Lot 6, and there terminating. Subject to easements of record. PARCEL B: That part of Lot 6, Block 1, ANDOVER STATION NORTH, according to the recorded plat thereof, Anoka County, Minnesota, lying northeasterly of the following described line: Beginning at the most southerly comer of said Lot 6, for the purposes of this description, the south line of said Lot 6 is assumed to bear North 84 degrees 59 minutes 06 seconds West; thence North 38 degrees 26 minutes 41 seconds West a distance of 90.00 feet; thence North 08 degrees 37 minutes 40 seconds East a distance of 84.75 feet to an angle point on the northwesterly line of said Lot 6, distant 276.48 feet northeasterly of the most westerly, northwest corner of said Lot 6, and there terminating. Subject to easements of record. WHEREAS, the Andover Economic Development Authority, the applicant, has requested approval of a lot split to subdivide a commercial property pursuant to City Code 13 -1; and 1 WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, • Parcels or Tracts of Land; 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 subject to the following conditions: 1. Park dedication fees equal to 10% of the sale price of the land shall be paid to the City at the time that lot B is sold. 2. Park dedication fees in the amount of $2425.00 per unit shall be paid for each buildable lot on Parcel A when the plat known as Parkside at Andover Station is final platted. 3. Trail fees in the amount of $590.00 per unit shall be paid for lots on Parcel A when the plat known as Parkside at Andover Station is final platted. 4. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13- 1 -6 -F. 0 Adopted by the City Council of the City of Andover on this day of , 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk E ---------'1 I I I I I .' : ' I I. I I 0 " 0 ~.. _ N " ,'*'.1." ~ \. .I' ~ - - <( 'W' :gU)~ Sr.1 it" ~oC5; I- 0 ~ 0 C\l .... U) lto ~~ CD gj~~~~ .....:.:2:! _S2IV'O~ El gaih~~ N ~ ~ .l5 ~rTI~j ~ -!i tV iti8 Q. 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S9N/071117771dd0 TV(JN7WWOJ lS�TM O.9 r O MN anNantl N,Naa.NVUa eas ^ zs N w-NW SMJQ MiN VII t v d 1O311HOtly SM W WON °p °° ° � q°tl U Nr/7d 3415 r a.N wNmwri I W C ® o O Z i 11 1 5 ' FH H `' :'L TO: 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FROM: SUBJECT: DATE: Planning and Zoning Commissioners Courtney Bednarz, City Plannef Work Session: Automobile Sales Performance Standards February 14, 2006 INTRODUCTION The Planning Commission and Council have requested that performance standards be established for automobile sales. DISCUSSION Staff reviewed performance standards from the communities of Brooklyn Center, Brooklyn Park and Mounds View (attached). As you can see these regulations vary from fairly minimal (Mounds View) to quite extensive (Brooklyn Center). Staff has prepared a list of items for the Planning Commission to consider. Please be prepared to discuss the ones that should be codified and ones that should not Please also use your own experiences to determine if there are other items that need to be regulated. Conditional Use Permit As previously discussed, establishing this use as a conditional use will allow review by the Planning Commission and Council to ensure any potential adverse impacts are mitigated. Site plan All non - residential development proposals are required to complete the commercial site plan process as indicated in City Code 12 -15 -2. This ensures that the operation will follow all of the regulations of the City Code such as signage, lighting, parking (and parking area surfacing), landscaping, screening etc. A standard condition of any automobile sales conditional use permit should require completion of the commercial site plan process. State License Any applicant should be required to demonstrate possession of a state license to ensure that they are capable of meeting the state's requirements. Operational Items 1. Parking for customers and parking for display of vehicles should be clearly identified on the site plan to ensure that adequate parking will be provided for customers and vehicles for sale. 2. Parking should be prohibited in drive lanes, on landscaped areas or generally any place other than vehicle display parking stalls so designated on the site plan. This will ensure traffic circulation will not be hindered and the site will not be visually cluttered. 3. All areas on which automobiles are stored or displayed shall be paved with a concrete or bituminous surface. No display, sale or storage of automobiles or other vehicles are permitted on landscaped areas. 4. Vehicle sales and advertising should be prohibited from operating off of the site for which a conditional use permit is approved. 5. Automobiles that are visibly damaged should be required to be stored indoors and out of sight. 6. The dismantling or reduction of automobiles should be prohibited. 7. Outdoor storage of inoperable vehicles or portions thereof, including tires and other automobile parts should be prohibited. 8. Sales of used automobile parts should be.prohibited. 9. Sales, storage or repair of vehicles over 12,000 pounds can be prohibited to prevent the automobile sales lot from becoming inundated with commercial vehicles. 10. Signage on vehicles should be limited to the required disclosure forms to prevent the automobiles from being used as signs. Balloons, pennants and banners should also be prohibited to prevent the look that these items create. 11. Minimum building requirements (i.e. relative to the value of the lot as in the Brooklyn Center example, or relative to the size of the lot should be established to ensure a reasonable investment in the site will be provided. 12. Repair of vehicles on site should be discussed and limited or perhaps even prohibited to prevent the kind of operation that can result. ACTION REQUESTED The Planning Commission is asked to determine which of the items listed above should be included in performance standards for automobile sales. The Commission is also asked to add items if there are other areas of concern. Attachments Other Cities Regulations Cc: Joe Brabant 16351 Gladiola Lane NW —Z— ► o F Z. 0 510.01 510.04 CHAPTER 510 NEW AND USED CAR DEALERS SECTION: 510.01: License Required; Definition 510.02: Application for License 510.03: Review of Application; Issuance or Denial 510.04: License Fee; Expiration 510.05: Conditions of License 510.06: Revocation of License 510.07: Violation of Provisions 510.01: LICENSE REQUIRED; DEFINITION: No person shall engage in the business of selling, trading or exchanging new or used automobiles, domestic or foreign, within the Municipality without first obtaining a license as provided in this Chapter. For the purposes of this Chapter, anyone who, as a part of their livelihood, engages in the regular sale, trade or exchange of automobiles shall be deemed to be doing business as a new or used automobile dealer. (1988 Code § 109.01) 510.02: APPLICATION FOR LICENSE: Application for such license shall be made, in writing, to the Clerk- Administrator and shall state the full name and address of the applicant, the location where the business is to be carried on and the owner of the premises. (1988 Code § 109.02) 510.03: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The Clerk- Administrator shall submit the said application to the Council for its consideration. The Council, by motion, may grant or refuse to grant the license after consideration of the application. The Council may require that a public hearing be held before the Council upon any application, such hearing to be held at such time and upon such notice as the Council may determine. After such a hearing, the Council, by motion, may grant the license or refuse to grant the license. (1988 Code § 109.02) 510.04: LICENSE FEE; EXPIRATION: The fee for every such license shall be established by resolution of the City Council. Every such license shall expire on December 31 next after its issuance. (1988 Code §109.03) City of Mounds View —9— - ;�? o f Z- 510.05 510.07 0 510.05: CONDITIONS OF LICENSE: Subd. 1. Transferability: License shall not be transferable from one person to another, and a new license must be applied for each time a place of business is changed. Subd. 2. License to be Posted: Every such license shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. (1988 Code §109.03) Subd. 3. Restrictions and Conditions: The Council may impose any conditions or restrictions it deems necessary or advisable in the public interest in the motion granting any license hereunder, including but not being limited to conditions relating to the hours of operation, the lighting of the business and the installation and maintenance of shrubbery, fencing and grounds around the business. The Council may also impose any such conditions or restrictions by motion at any time after the issuance of a license hereunder. (1988 Code § 109.02) 510.06: REVOCATION OF LICENSE: Every such license may be revoked by the Council after the licensee has been given reasonable notice and an opportunity to be heard for the violation of any provision of this Chapter or for the violation of any conditions or restrictions in the motion granting the license or any motion thereafter passed by the Council or upon failure of the licensee to comply with any conditions, order or direction issued by the Council. (1988 Code § 109.04) 510.07: VIOLATION OF PROVISIONS: Any person who shall violate any provision of this Chapter shall be guilty of a misdemeanor. (1988 Code §109.05) E City of Mounds View C. Parking on Parade Route. The City Manager's designee shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles alon e route of the parade in areas contiguous thereto. The City Manager's desi a shall post signs to such effect, and it shall be unlawful for any person to par r leave any vehicle unattended in violation thereof. Section 23 -1110. REVOCATION. The City Manager's des ee shall have the authority to revoke a parade permit issued hereunder, on notice, upo pplication of the standards for issuance as herein set forth. Section 23 -1111. PENALTY. The viola ' of the provisions of the Chapter or any lawful order of the City Manager's designee ' ued pursuant to the provisions hereof, shall be punishable by a fine not to exceed o ousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, toge with the costs of prosecution. Section 23 -111 . EPARABILITY. If any section, subsection, clause, phrase or portion of this chapter b eld unconstitutional or invalid by any court of competent jurisdiction, such portion sh a deemed to be separate, distinct and independent and such holding shall not affect the va . ty of the remaining portions. SALE OF MOTOR VEHICLE Section 23 -1201. DEFINITIONS. As used in the ordinance, the following terms shall mean: a. Car. Any new or used automobile or truck. b. Dealer in Motor Vehicles. Any person, firm, or corporation, together with any subsidiary or branch thereof engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles as a principal business or occupation. The dealer in motor vehicles will also be referred to herein as "dealer" or "licensee ". c. Motor Vehicle. For the purpose of this ordinance motor vehicles shall be of the two following classes: 1. Class A will apply to cars; 2. Class B will apply to and mean motorcycles and any other type of land vehicle propelled by a motor other than cars. d. "Executive ", "Official ", "House Car" or "Demonstrator ". These terms shall apply only to any motor vehicles which have actually been used by either a bona fide official or representative of the manufacturer or by the dealer making the sale offer and which have never been sold to a member of the public. City of Brooklyn Center 23 -45 City Ordinance � Zof- (o e. Sale. The term "sale" is defined and is deemed to have taken place only when the • dealer and the customer have agreed, in writing, on at least all of the following elements: 1. The make, model, type and year of the manufacture of motor vehicle intended to be sold to and purchased by the customer, including the agreed date of delivery to the customer. 2. The net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade -in. 3. Amount of down payment, if any. 4. The cost of additional repairing, servicing or parts, if any. Section 23 -1202. LICENSE REQUIRED. No person shall be engaged in the business of buying, selling, displaying or offering for sale new or used motor vehicles at any place of business without first obtaining an appropriate license as required under this ordinance. Section 23 -1203. SEPARATE LICENSES. Each license shall have an established place of business, and each license shall authorize business at only the designated premises. If a licensee has more than one place of business, a separate license is required for each. Section 23 -1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom or other car display or rental structure on the land, which structure shall have a true and full City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c. No motor vehicle dealer license of any class shall be issued for any place or business which is not zoned therefore. City of Brooklyn Center 2346 City Ordinance 30r(, d. Each licensee shall provide sufficient parking space on licensee's premises for all motor vehicles repaired or processed by such licensee. e. The applicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business for which such license is to be issued showing among other information, the address, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal. f. The payment of the fees hereinafter set forth. g. The approval and filing of the bond as hereinafter set forth for Class A licenses. h. The obedience to all of the other conditions and provisions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State of Minnesota. Section 23 -1205. APPLICATION FOR LICENSE. The application for any license hereunder shall be made in writing and signed by the applicant on forms provided by the City Clerk, which application shall show, among other information, the names, residence or principal place of business and age or ages of all individual applicants; if a partnership, the names, addresses and ages of all partners; if a corporation, the names and addresses of all the officers and stockholders thereof, proof of the franchise authorizing the licensee to sell new cars in Brooklyn Center, or proof of the true and full City Assessor's value of showroom or other structure in Brooklyn Center as compared to the true and full value of car display land all as set forth in Section 23 -1204 (a) herein; the business or occupation and residence addresses of the applicant for a period of three years immediately prior to the date of such application, including all partners, officers, or stockholders; any previous insolvency or bankruptcy of any applicant; and such other pertinent, relevant or material information as the City may from time to time require. All applications for such licenses shall be accompanied by the information described in Sections 4 and 5 of this ordinance. Section 23 -1206. LICENSE FEES. The fee for a Class A license shall be as set forth by City Council resolution. The fee for a Class B license shall be as set forth by City Council resolution. City of Brooklyn Center 23 -47 City Ordinance 7- L 4 of Section 23 -1207. EXPIRATION DATE. All licenses issued under this ordinance shall • expire on April 30 of each year. Section 23 -1208. TRANSFER OF LICENSES. Licenses hereunder may not be transferred from person to person or from place to place. Section 23 -1209. STATE LICENSES REQUIRED. No license shall be issued to deal in motor vehicles unless the applicant is licensed under the appropriate Minnesota Statutes to do so. Section 23 -1210. COUNCIL AUTHORITY. The City Council may grant, deny, suspend, or revoke any license under this ordinance, but any suspension or revocation shall be preceded by a hearing before the Council with not less than three (3) days notice thereofto the applicant or licensee. Section 23 -1211. BOND REQUIRED. Each application for a Class A license shall be accompanied by a bond in the sum of $5,000 which shall run to the City of Brooklyn Center for the benefit of any person, firm or corporation who shall sustain any injury covered by the bond. The bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations for any direct loss suffered because of dishonesty, misrepresentation or fraud on the part of the principal in the substitution of a motor vehicle or parts thereof for the one selected by the purchaser; failure through dishonesty or fraud to deliver a clear title to those legally entitled thereto; any misappropriation of monies or properties belonging to a purchaser being made in payment of a motor vehicle sold by the principal; alteration of a motor vehicle, its license plate or serial number on the part of the principal or with his knowledge so as to deceive the purchaser as to the year or model of any motor vehicle sold; or the violation of any of the provisions of this ordinance. Any person, firm or corporation who sustains an injury covered by this bond may in addition to any other remedy that he may have, bring an action in his own name upon the bond and against the surety for the recovery of any damage sustained by him. Each licensee need file only one bond regardless of the number of licenses held. Section 23 -1212. DELIVERY. At the time of delivery the dealer shall furnish to the customer a written copy of the invoice, conditional sales contract, chattel mortgage, order, or other writing containing the following information, if applicable: a. Cost of insurance, if any, and description of the exact coverage of such insurance. If such insurance does not include property damage or liability insurance, a statement to this effect shall be prominently stated on such document or documents. b. Cost of additional repairing, servicing or parts. City of Brooklyn Center 23 -48 City Ordinance —91— saF (p • c. Exact cost of time price differential, including the exact amount or amounts, of the monthly installments, the number of such installments and the total time balance. d. Cost of motor vehicle license to be added. e. The amount of down payment. f. The final net purchase price to be paid therefore by the customer f.o.b. Brooklyn Center, including any amount allowed for a trade -in. Section 23 -1213. REGISTRATION. The registration of title card or bill of sale for any car sold shall be forwarded by the dealer to the Secretary of the State of Minnesota not later than fourteen (14) days after the date of the sale. No dealer shall receive and refuse to return to the owner any registration or title card for the purpose of compelling the owner of such card to purchase a motor vehicle from the dealer unless such dealer is ready, willing and able to comply with the terms of the contract or agreement for the sale of the motor vehicle. Section 23 -1214. SALES AWAY FROM PLACE OF BUSINESS. No dealer or salesman or employee of such dealer shall advertise any motor vehicle as being sold by the owner thereof at the owner's home or residence if such motor vehicle is actually owned by or consigned to the licensee and sold as part of his business. No licensee shall use any public street, premises or alley in the City for the storage of motor vehicles. • Section 23 -1215. MORTGAGES OR LIENS. If any licensee shall knowingly sell a motor vehicle which is subject to a mortgage, lien, or payments, the licensee shall firmish a statement in writing to the purchaser definitely stating the amount of such mortgage, lien or payments, and the name and address of the holder or owner of such mortgage, lien or other indebtedness. If the licensee shall knowingly fail to furnish such information, any such mortgage, lien or payments shall be paid by the licensee. Section 23 -1216. SPEEDOMETER TAMPERING. No licensee or agent of such licensee shall fraudulently change, set back, or disconnect, or fail to connect, or cause to be changed, set back, disconnected, or cause the failure to connect any speedometer of any used motor vehicle for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall not be unlawful for a licensee or his agent to offer a used motor vehicle for sale with the speedometer reading thereon turned back to zero. Section 23 -1217. BLANK CONTRACTS. No licensee shall obtain the signature of a purchaser on any blank sales or purchase contract, order, conditional sales contract, chattel or other mortgage, note or other writing or memorandum relating to the sale of any motor vehicle, except for the financing statement, or like document, required under the Uniform Commercial Code. 0 City of Brooklyn Center 23 -49 City Ordinance Coo FC Section 23 -1218. SALES AS AGENT. The provisions of this ordinance shall apply to all sales made by a licensee irrespective of whether or not the motor vehicle sold or advertised for sale is owned by such licensee or whether he is acting as an agent or consignee for the owner. Section 23 -1219. MOTOR VEHICLE LOTS CONDITIONED. All outdoor parking lots, car lots, motor vehicle lots or any area used for the purpose of displaying for sale motor vehicles shall be constructed, maintained, illuminated as set forth in the Brooklyn Center Zoning Ordinance. Section 23 -1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, City Manager's designee, and such other agents as may be designated by the City Council. Section 23 -1221. LICENSE CERTIFICATE TO BE DISPLAYED. Licensees hereunder shall prominently display in their showroom, or in the event of no showroom, in the room or area where negotiations and sales are consummated with the public, each license certificate issued hereunder. Section 23 -1222. PENALTY. Any person violating the terms ofthis ordinance shall, upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both together with the costs ofprosecution. Any violation of this ordinance shall, in addition to other penalties, be grounds for revocation of • license. REGULATIONS FOR SALE OF CHRISTMAS TREES Section 23 -1301. LICENSE REQUIRED. No person, firm or corporation shall engage in the business of selling Christmas trees in the City of Brooklyn Center without first applying for and receiving a license as hereafter provided. Section 23 -1302. APPLICATION. The application for license for selling Christmas trees shall be made to the City Clerk and shall be accompanied by a seasonal fee as set forth by City Council resolution. The license will expire on January 5 of the year following its issuance. A separate license shall be required for each place of sale. Section 23 -1303. DEPOSIT. A sum of $100 in cash or cashier's check shall be deposited with the City Clerk at the time of application to insure that the site of sale shall be cleaned and cleared of Christmas trees and all other debris and materials relating to the business. It shall be the duty of the City Manager to determine whether the site of sale is properly cleaned and cleared. If the site of sale is not cleaned and cleared by January 5 of the year following the issuance of the license, the deposit shall be forfeited to the City to defray the expenses of the City in cleaning and clearing the said site of sale. City of Brooklyn Center 23 -50 City Ordinance —1d 0 § 152.321 STANDARDS. (From the Brooklyn Park City Code) • he following standards are established for the business zoning districts (13-1, B -2, B -3, B-4, BP, and 1) and must apply to all properties within these districts: (A) No required lot area, yard or open space allocated to a structure or lot in compliance with this chapter may be used to satisfy the minimum lot area, yard, or open space requirement for any other structure or lot, unless modified by this chapter. (B) The maximum amount of building footprint and impervious surface on any one parcel within the business districts may adhere to the following restrictions: Figure 152.321.01 Maximum Allowable Building Footprint and Impervious Surface Zoning District Maximum Building Footprint Minimum Building Footprint Maximum impervious Surface B-1 35% NA 70% B-2 35% NA 75% B-3 35% NA 80% B-4 35% 10% 80% BP FAR 1:1 NA 85% I FAR 1:1 NA 85% (C) The minimum lot area and width for each parcel within a business district must adhere to the following restrictions: Figure 152.321.02 Required Lot Area and Width Zoning District Minimum Lot Area in Square Feet Lot width in Lineal Feet B-1 15,000 100 B-2 25,000 125 B-3 25,000 150 B-4 87,120 150 BP 25,000 100 1 40,000 150 B-1, B-2, and B-3 for Can: centers and convalescent homes 600 square feet of lot area for each person cared for (design capacity) See District Requirements Above (D) All uses must occur within the principal structure(s) on the property. 0 § 152.321 STANDARDS. (From the Brooklyn Park City Code) he following standards are established for the business zoning districts (13-1, B -2, B -3, B -4, BP, and 1) and must apply to all properties within these districts: (A) No required lot area, yard or open space allocated to a structure or lot in compliance with this chapter may be used to satisfy the minimum lot area, yard, or open space requirement for any other structure or lot, unless modified by this chapter. (B) The maximum amount of building footprint and impervious surface on any one parcel within the business districts may adhere to the following restrictions: Figure 152.321.01 Maximum Allowable Building Footprint and Impervious Surface Zoning District Ma>amum Building Foolprint Minimum Building Footprint Ma>amum Impervious Surface B-1 35% NA 70% B-2 35% NA 75% B-3 35% NA 80% B..4 35% 10% 80% BP FAR 1:1 NA 85% I FAR 1:1 NA 85% (C) The minimum lot area and width for each parcel within a business district must adhere to the following restrictions: Figure 152.321.02 Required Lot Area and Width Zoning District Minimum Lot Area in Square Feet Lot Width in Lineal Feet B-1 15,000 100 B-2 25,000 125 B-3 25,000 150 B-4 87,120 150 BP 25,E 100 I 40,000 150 B- 1, B-2, and B-3 for Care centers and convalescent homes 6 square feet of lot area for each 00 person cared for (design capacity) See District Requirements Above (D) All uses must occur within the principal structure(s) on the property. 0 • 1 /Z — 0 Brooklyn Park City Code Section 152.344 (Related to Automobile Sales and Showroom Requirements ) (C) Automobile sales and showrooms. The CUP application must be accompanied by plans showing the following: (1) Lot requirements. (a) Contiguous property. Motor vehicle sales must be on contiguous lots not separated by a public street, alley or other use. (b) Access driveways. 1. Distance from intersections. The distance of the driveway from any street intersection must be not less than 50 feet, unless, in the opinion of the City Manager, present or future traffic conditions warrant greater distances, such greater distances may be required. 2. Driveway angles. The minimum driveway angle to street must be 60 degrees. 3. Separation between driveways. The minimum distance between a driveway and an adjacent property must be five feet at the curb cut. (2) Site design. (a) Impervious surface. All areas on which motor vehicles are stored or displayed must be paved with concrete or a bituminous 0 —(fT_- surface. No display, sale or storage of automobiles or other • vehicles are permitted on landscaped areas. (b) . Parking. In addition to the requirements of §§ 152.140 through 152.146, the parking areas may be: 1. Shown and designated on the site plan, 2. Kept free of display vehicles, on a continual basis, and, 3. Appropriately designated with signs for use by customers and employees. (c) Damaged and inoperable vehicles. All damaged and inoperable vehicles may be kept in an enclosed building or area completely screened from public streets and adjacent property. (d) Display vehicle parking. 1. Each display vehicle parking space must meet the required size of a parking space as defined in §§ 152.140 through 152.146, and must be striped accordingly. 2. No display vehicles may be parked on grass, curb islands, sidewalks, other landscaped areas or in the required customer parking. 3. No vehicles may be displayed on elevated platforms, jacks, or berms. However, parking will be allowed in approved /designated concrete display areas with a maximum height of six inches above the parking lot surface. s 4. No rows of display vehicles may be longer than 180 feet. Landscaped areas with overstory deciduous trees are required I . to separate rows of display vehicles. Required parking lot open space areas may be larger than typically required in the district to accomplish this objective. 5. No display parking of vehicles may be permitted in the drive aisles. (e) No outside storage of scrap metal, auto parts, or the like is allowed. (f) No vehicles may be unloaded from transport trucks in the public rights -of -way. (g) Signs. In addition to the regulations found elsewhere in the City Code, the following may apply: 1. No signs may be permitted in or on any display vehicles except the following and no signs may be readable from a public right - of -way or adjacent property: a. Disclosure statements required by state and /or federal law. b. Identification of the displayed vehicles by make, model, year and price. 2. Window signs must be limited to 25% of the window area, up to a maximum of 200 square feet. (h) All outdoor illumination on sales lots may be provided with lenses, reflectors, or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light from being visible upon any adjacent public right -of -way or any private • property occupied for residential purposes. Lighting from any —,/S-- source on the property may not exceed three foot candles as • measured from the centerline of any adjacent street nor three foot candles at any property line which is not also a public right -of -way line. (3) Building requirements. (a) The City Council may review and approve all facade materials to ensure quality architectural design. (b) The orientation of the buildings must be toward the public rights- of -way and must be setback a distance no greater than 200 feet. 49 0