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Home My WebLink About02/24/09AK66W 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 24, 2009 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — February 10, 2009 3. PUBLIC HEARING Conditional Use Permit (09 -01) to allow a telecommunications antenna within Andover Station North. 4. PUBLIC HEARING Conditional Use Permit (09 -02) to allow an automobile service station at 13533 Jay Street NW. 5. Other Business 6. Adjournment A C I T Y 0 F c 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 - February 10, 2009 DATE: February 24, 2009 Ree�uest The Planning and Zoning Commission is asked to approve the minutes from the February 10, 2009 meeting. e PLANNING AND ZONING COMMISSION MEETING — FEBRUARY 10, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 10, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Commissioners absent: Devon Walton Also present: City Planner, Courtney Bednarz Director of Public Works /City Engineer, David Berkowitz Others APPROVAL OFMINUTES. January 27, 2009 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. PUBLIC HEARING: SKETCH PLAN TO CONSIDER REVISED PLANNED UNIT DEVELOPMENT FOR ANDOVER CLOCKTOWER COMMONS. Mr. Bednarz explained BDT Holdings, the current owner of Andover Clocktower Commons, is seeking direct access to Crosstown Boulevard NW. Mr. Berkowitz reviewed the background information with the Commission. Commissioner Kirchoff stated there was mention of a speed study and he thought this will play into it. Mr. Berkowitz stated there was a speed study requested by the applicant and it was sent onto MNDot and the decision was to leave the speed limit at 50 mph. Commissioner Holthus asked why Crosstown was turned back from a County Road to a City Road. Mr. Berkowitz stated the County can turn back any County Road to the City Regular Andover Planning and Zoning Commission Meeting Minutes — February 10, 2009 Page 2 and they did negotiate with the County and they made several improvements before they turned it back. Commissioner Falk asked if there was any indication a stop light would be placed at the intersection of Crosstown Boulevard and Bluebird Street in the Future. Mr. Berkowitz stated whatever develops to the south of there will dictate a traffic signal. There are needed intersection improvements there. Motion by Casey, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Walton) vote. Mr. Mark Hyvare, 15195 Bluebird St. NW, stated his biggest concern is the back up of vehicles on Crosstown. He noted currently there is a back up with people turning at the intersection and it will only get worse if there is a left turn closer to Hanson Boulevard unless there is a secondary lane installed. Mr. Tom Roberts, 6484 Pinnacle Drive, Eden Prairie, Chief Manager of BDT Holdings and Mr. Darren Lazan made a presentation to the Commission. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Walton) vote. Commissioner Holthus stated Mr. Roberts indicated in his presentation that they wanted a full access intersection but did not want to spend a lot of money right now and she thought a full access intersection would be the most expensive of all the alternatives to do. Mr. Roberts stated if they design a full access that comes out to the property line, they could put a little turn lane in. If they did a 3 /4 access it would be a lot of money to do that when it could be changed in a year depending on how the Holasek property develops. Commissioner Holthus asked what the Comp. Plan indicated for this area. Mr. Berkowitz stated they have an extensive layout of Crosstown that shows potential new access points and this access does not show up in the Comp. Plan. He stated they are trying to figure out a compromise that allows access but provides the most safety at that intersection as possible. The applicant discussed with the Commission the reasons for wanting to install a four way full access intersection. Chairperson Daninger stated some of the applicants concerns were based on cost and the applicant was aware that it will be their cost. Mr. Roberts indicated they were aware and did not want to spend the dollars today if they are not spent wisely. Chairperson Daninger stated there was some input in regards to this from the local businesses in the development and he wondered if they brought this up when they moved in there to begin with. Mr. Lazan stated this was brought up at the original PUD approval Regular Andover Planning and Zoning Commission Meeting Minutes — February 10, 2009 Page 3 and they ran into a wall at the County. He stated when the road was turned back to the City he has discussions with the City Administrator about getting access. Mr. Roberts stated the first meeting he had with City Staff they pulled out a site plan and it showed a proposed right in/right out so there was always the thought process to hopefully get access. Mr. Bednarz thought that was where the discrepancy exists, he was not sure if it was communicated to Mr. Roberts when he purchased the property that the right of access to both Hanson and Crosstown had been dedicated to the County. Mr. Roberts stated he did not disagree with staff. He just hoped there would potentially be access. Commissioner Kirchoff asked if there was not enough land there to make the by -pass lanes. Mr. Berkowitz stated it makes it a challenge and could look at shifting the lanes over to make that work. They have looked into the details. It would be easier for them to do the full intersection if they had the right -of -way but it could be done without it. Mr. Berkowitz reviewed some of the concerns the City has with changes to the access as Crosstown Boulevard and also Bluebird Street. Commissioner Holthus asked what is the safest option according to staff. Mr. Bryant Ficek, TKDA Traffic Engineer, stated it would be the right in/right out because that configuration would have the least conflict points. Commissioner Holthus thought there was a lot of pedestrian traffic at the Hanson/Crosstown intersection and she saw a potential danger. Chairperson Daninger wondered if the Commission was in favor of a full intersection as the applicant has proposed. Commissioner Falk stated he is not in favor of a full access. He was leaning towards a right in/right out access. Chairperson Daninger stated he was leaning towards not making any improvements unless the improvements go all the way up to Bluebird Street. Commissioner Cleveland stated he agreed with the comments. He felt they have to deal with this type of thing at many shopping centers and if a person wants to shop there they will no matter where the entrance is located. Chairperson Daninger sensed a right - in/right out was the farthest they would agree to. The Commission agreed. Chairperson Daninger stated the recommendation is the most they want to see is a right in/right out at this time. Mr. Bednarz stated that this item would be before the Council at the February 17, 2009 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Regular Andover Planning and Zoning Commission Meeting Minutes —February 10, 2009 Page 4 ADJOURNMENT. Motion by Casey, seconded by Falk, to adjourn the meeting at 8:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. S • F kND OVE 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 Planne� SUBJECT: PUBLIC HEARING Conditional Use Permit (09 -01) to allow a telecommunications antenna within Andover Station North. DATE: February 24, 2009 INTRODUCTION Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone antenna in Andover Station North between the easterly and central ballfields. DISCUSSION The proposal is to remove and replace an existing light pole with one that will support the ballfield light, a cellular antenna array for Verizon Wireless and potentially one additional antenna for a different user in the future. The new antenna will require equipment to be placed on the ground in a 19 foot by 40 foot fenced area. The majority of the equipment will be stored inside an 11.6 foot by 20 foot building with the exception of a generator, `H- frame' meter and HVAC venting on the outside of the building. The applicant has indicated that the generator makes noise equivalent to normal conversation (61 dBA) and runs once per week for thirty minutes. The enclosed site drawing and letter from the applicant provide additional information about the proposed installation. Review Criteria 12 -14 -6 B. provides the following criteria for granting conditional use permits: In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design, setback and collocation requirements of City Code 9 -12 Antennas and Towers. A building permit will be required for the foundation of the new pole and structure. Location The selection of the proposed location was driven by several factors. These factors include the following: • The coverage area desired by Verizon Wireless • Locating the antenna as far as possible from surrounding residential properties. • Avoiding conflicts with the use of the ballfield complex • Providing an area that would be accessible to Verizon Wireless' vehicles • Avoiding the 200 foot setback from the closed landfill Access The applicant requires a paved access to allow service and maintenance to be performed. Staff has recommended that the entrance to this access be relocated from the proposed location on 139 Lane NW to the interior ballfield parking area. A condition of approval has been added to the attached resolution to ensure this will occur. Ballfield Lighting A condition of approval requires the applicant to ensure that the ballfield lighting is replaced to meet the lighting requirements for this type of ballfield. Grading Some minor adjustments will be needed to ensure adequate drainage away from the ground mounted equipment and to prevent unintended impacts on the surrounding area. A grading plan will be reviewed as a part of a commercial site plan application. Irrigation An irrigation system exists through the area of the proposed improvements. A condition of approval requires the applicant to relocate the portions of the system as necessary to allow for the improvements and to provide adequate coverage to the surrounding area. EDA Review The Economic Development Authority owns the proposed site. The EDA reviewed the proposal on December 2, 2008. They were generally in favor of the proposed use but expressed concern about the size of the building. Other The Engineering Department has requested that slats be put into the three sides of the vinyl coated chain link fence that face away from the outfield fence. This item has been added to the attached resolution as a condition of approval. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the conditional use permit request. = d, Attachments Resolution Location Map Site Drawings Applicants Letter Cc: Jim Nelson, Buell Consulting, Inc., 122 East Golden Lake Lane, Circle Pines, MN 55014 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED IN ANDOVER STATION NORTH ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, Verizon Wireless has requested a conditional use permit to install a telecommunication antenna on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) The applicant shall execute a lease agreement with the City of Andover prior to commencing construction on the site. 2) The applicant shall complete a commercial site plan application to ensure the final plan set conforms to the requirements of the conditional use permit and the City Code. 3) The applicant shall be responsible to replace the lighting array to conform with ballfield lighting standards to an equal or better standard than presently exists. 4) The applicant shall be required to relocate the existing irrigation system as necessary to provide coverage of the area surrounding the proposed improvements. 5) The applicant shall revise the proposal to relocate the paved access entrance to a location determined by the Engineering Department. 6) The applicant shall provide slats on the north, east and south sides of the fence that encloses the proposed building and associated equipment. 7) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this 6 th day of May, 2009 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 'o0 - 0 � C .17- Q g) 00 ° o N L'> yW U U �� m l o d w Q m r N E > Z E c o Oz w J a W w a Z Zo ¢ Y v¢ ui ai U n n y� El El El d m U C N N N y , + W ° o ry ?i u' Z 99A ZUyj O �g J J ,2 2 w h � �� C7 s¢ va� NJsa' W z 5z o � � �� ZZ s a� �WOR W�� 3 a 2w z mw 'g F��o w =¢s N o U W s A $ g > > 'a m Xs8owww O O w V z o� � L.6. 1 O mz < m S 0 > q06 01 Z 20 $ F12Q I " U W viz. _ � El o Woo J 3g IJ EL a yyg^ qg$$ O `d FI ¢d L LS 9 �a U ZO� Sb J ` cn & ew 9 > uxuxrr W � I al LI � _ G MH 19 M3HI.U'gry y� 1 O IAA q F � SIR \ Jw � \ \\ V � //�( VJ W L _ I Nx § , W ` g �1 Ins pig OVERALL STRUCTURE HEIGHT 994.80' AMSL / 109' -0" AGL O L ANTENNA TIP HEIGHT 985.80' AMSL / 100' -0" AGL A d O L ANTENNA CENTERLINE HEIGHT 981.80' AMSL / 96' -0" AGL PROPOSED COLLAR MOUNT, ANTENNAS O L FUTURE PROVIDER CENTERLINE 966.80' AMSL / 81' -0" AGL FUTURE ANTENNAS RELOCATED EXISTING LIGHTS 954.30' AMSL / 68' -6" AGL RELOCATED FIELD LIGHTS \ - TO'MATCH EXISTING TYPE AND HEIGHT PROPOSED 100' TALL GALV. MONOPOLE TOWER PROPOSED PROPOSED 6'-0" TALL 12x GREEN VINYL COATED PREFAB B SHELTER CHAIN LINK FENCE @ W/ EXPOSED HVAC SHIELDS, ELECT. AGGREGATE FINISH DISCONNECTS (NO BARBED WIRE) PROPOSED 6'-0" TALL GREEN VINYL COATED B/O TOWER STEEL CHAIN LINK FENCE 886.8' AMSL / 1.0' AGL @ EXTERIOR GENERATOR GRADE @ TOWER 885.8' AMSL / 0.0' AGL PROPOSED STEP DOWN w-mmuizil r�7 J TRANSFORMER I WEST ELEVATION I GRAPHIC SCALE 1, 1 i-m-- =, I SOUTH ELEVATION I EAST ELEVATION a o C STEEL EXPOSED AGGREGATE CONCRETE DOOR , s =J OWHIC SCALE r ";-- � . l , I NORTH ELEVATION I ExISTu BALL I FENCE —TYPI( EXPOSED AGGREGATE CONCRETE z GRAPHIC SCALE 6, GWHIC�SCALE 5 s' e' l "F Red a � .,..... ,� , h - � Oaks East � Park T � � � + f ► Sf� 1 Los[ VIIII% Park c � R A k i 1 ri 40 Y .' 1 k' t�' 7l1 ,. I�_•tl .�_.�.� . 1 a j SFr � 1 � .. .., rte. BCIELL CONSULTING, IAIC. '122 East Golden Lake lane, Circle Pinsas, 55014 Office 763- 734 -51137 - Fax 763 -717 -1962 - EMAIL: j1141 January 27, 2009 City of Andover Planning Department City Hall 1685 Crosstown Boulevard NW Andover, Minnesota 55304 RE: Application for a Conditional Use Permit: Proposed Cellular Telephone Antenna Facility by Verizon Wireless to replace and combine with the farthest east ball park light standard located in Andover Station North and further described in the accompanying documents. Legal Description: Lot 3, Block 1 Andover Station North, Anoka County, Minnesota. Current zoning for the property, as shown on the city of Andover Zoning Map, is General Business This letter, the enclosed application, application fee and scaled drawings will serve as a request for approval of a Conditional Use Permit to allow construction of a wireless antenna site replacing the current ball field lighting standard located in Andover Station North whose owner of record is the Andover Economic Development Authority. Proposal: Verizon Wireless proposes to replace the current light pole with a 100 foot pole that will structurally accommodate both the ball park light array, Verizon's antenna array located at the top and a future carrier's antennas to meet the city collocation requirements. The radio equipment will be contained in a 11.6 ft by 20 ft (approx. 10 ft in height) pre -cast concrete, modular building placed on a poured concrete slab adjacent to the base of the new light pole. The exterior of the equipment building is finished in a washed aggregate brown tone. The lease area requested measures 19' x 40' (760 sq ft.). A back up power generator will be placed at the site and located as shown on the site plan. I have enclosed a general site location using an aerial photo. In a 11 x 17 size I have a scaled site plan and survey, elevation diagram of both the shelter and the proposed tower, and an enlarged site elevation to provide clearer detail. As shown in the site plan the site is placed so as not to restrict any day to day operation of the activities at the ball fields. Further, the proposed location meets all code required setbacks including_ those required by the MPCA regarding structure distance from the WDE Landfill Site. Verizon Wireless will bring utilities underground to the site from the nearest location. Upon approval of the plans, Verizon would improve the access drive to the site using standards required by the city and capable of accommodating the equipment used to construct the site. The portion of the driveway extending past the site itself is shown so as to allow for proper removal of snow without tearing up the grass around the site. If the driveway were to terminate at the south end of the lease area, any snow pushed out into the open would likely have a negative effect on the grass from a plow or other mechanical snow removal equipment. That portion of the driveway passing to the east of the site would encroach on an existing drainage and utility easement and would be so placed and maintained, by Verizon Wireless at Verizon's own risk. Any reasonable and appropriate screening required will be accommodated and incorporated into the site design. Verizon Wireless' communications services and operations comply with FCC Standards. Further, Verizon Wireless agrees to comply with the conditions as, stated in the city zoning code as well as those that may be included in the approved Conditional Use Permit. Verizon Wireless agrees that failure to do so may constitute a breach of the requirements as approved in the CUP. Verizon Wireless is currently negotiating a License Agreement with the city. I understand that this request has been brought before the Andover EDA as well as the MPCA. The MPCA has provided some guidelines to be followed in the construction of the site and the AEDA has indicated that this light standard replacement is a reasonable request for this area. As proposed, your city will benefit both financially as well as with improved service for residents once this site is operational. This site will provide improved in building coverage for the area as well as improved service for mobile users. Your facility has some ideal traits which when viewed through the application of your zoning code meet all reasonable requirements for a cell site. Facilitates the provision of wireless services to the residents and businesses of the city. Located so as to minimize any adverse effects of towers and their aesthetic impact on surrounding properties. The location avoids any potential damage to adjacent properties from tower failure. This proposal is keeping with your goal to utilize existing structures whenever possible. Section of your zoning code: 9 -12 -5 B Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following commercially and industrially zoned locations: . a. Industrial I zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12 -5 -2000) Please let me know when you have completed your review and/or if you require further information. Sinc , Nelson Buell Consulting, Inc. Agent for Verizon Wireless Enclosure: Signed and Completed CUP Application Application Fee $530.00 1 set of drawings (11 x 17 site plan, tower and shelter elevations) 1 Aerial photo of proposed site location 4� • C �} 17r 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Planning and Zoning Commissioners Courtney Bednarz, City Plannef PUBLIC HEARING Conditional Use Permit (09 -02) to allow an automobile service station at 13533 Jay Street NW. February 24, 2009 INTRODUCTION The applicant is seeking to use the existing building on the site for repair and service of vehicles. City Code 12 -12 requires a conditional use permit for this use and City Code 12 +8 -7 provides performance standards for automobile service stations. The criteria for granting conditional use permits and the specific regulations for automobile service stations are attached for reference. DISCUSSION Background The applicant has provided the attached letters indicating that repair of buses took place on the site as a part of the former bus operation. That business existed prior to the current regulations for automobile service stations and has since moved from the site. The City Attorney determined that a new automobile service station would require a conditional use permit to Comply with the current City Code. Details of Proposed Use The attached site drawing, photographs and letter from the applicant summarize the proposal. The existing building will be used to repair vehicles and provide associated officie space. The applicant has indicated that vehicles in need of repair will not be stored outside. Tires will be stored in a container at a location to the northeast of the existing building as indicated on the attached drawing. The operation will utilize the west half of the lot and it is anticipated that buses will continue to be parked on the east half. Comparison of Proposal to City Code Setbacks The existing building complies with the Industrial Zoning District building setbacks. Parking Auto repair uses require a minimum of eight parking stalls and one additional stall for each 800 square feet above the first 1,000 square feet of building area. The existing building is 9,500 square feet in size. Nineteen stalls are required. Sixteen stalls are shown on the attached site drawing. However, additional stalls and ample room exist on the site. A condition of approval has been added to require striping and maintenance of 19 parking stalls to meet the city's dimensional requirements (10 feet x 18 feet). Landscaping The table below summarizes the landscaping requirements provided by City Code 12 -13 -6. Typically credit can be given toward the minimum number of shrubs if additional trees are provided on a 1 tree to 5 shrub ratio. The site meets the minimum number of required plants with this credit. Screening Screening of the parking area is required to a minimum height of three feet as viewed from adjacent public streets. The west side is screened with a continuous row of existing shrubs. Screening is provided on the south side by an existing retaining wall. Hours of operation This is an item that needs to be approved as part of the conditional use permit. The applicant has proposed to be open from 8:00 am to 6:00 pm Monday through Friday and by appointment only on Saturday. These hours and days have been included in the attached resolution. Exterior Storage This is another item that needs to be approved as part of the conditional use permit. A condition of approval has been added to limit exterior storage to tires contained entirely within one container at the location indicated on the site plan. Building and Fire Codes The applicant has had discussions with the Fire Department about the scope of services that will be provided and it has been determined that the types of light service that are proposed will not require fire suppression to be added to the existing building. However, fire suppression may be required in the future if the level of service increases to more substantial body work, painting, etc. The Fire Department has requested a letter outlining the level of service that will be provided on the site. A condition of approval has been added to the attached resolution to require this letter. Any interior modifications to the building are required to meet fire and building code requirements. Any expansion of the building would also require an amendment to the conditional use permit. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the proposed conditional use permit. Trees Shrubs Site 950 1 per 19 1 per 48 perimeter feet 50 feet 20 feet Building 480 NA NA 1 per 48 p erimeter feet 10 feet 19 30 96 54 Total Trees existing Shrubs existin Screening Screening of the parking area is required to a minimum height of three feet as viewed from adjacent public streets. The west side is screened with a continuous row of existing shrubs. Screening is provided on the south side by an existing retaining wall. Hours of operation This is an item that needs to be approved as part of the conditional use permit. The applicant has proposed to be open from 8:00 am to 6:00 pm Monday through Friday and by appointment only on Saturday. These hours and days have been included in the attached resolution. Exterior Storage This is another item that needs to be approved as part of the conditional use permit. A condition of approval has been added to limit exterior storage to tires contained entirely within one container at the location indicated on the site plan. Building and Fire Codes The applicant has had discussions with the Fire Department about the scope of services that will be provided and it has been determined that the types of light service that are proposed will not require fire suppression to be added to the existing building. However, fire suppression may be required in the future if the level of service increases to more substantial body work, painting, etc. The Fire Department has requested a letter outlining the level of service that will be provided on the site. A condition of approval has been added to the attached resolution to require this letter. Any interior modifications to the building are required to meet fire and building code requirements. Any expansion of the building would also require an amendment to the conditional use permit. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the proposed conditional use permit. Attachments Resolution Location Map Site Drawing Site Photographs Applicant's Letters (3) City Code References w Cc: Charles Peterson, Kottke Bus Company CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION LOCATED AT 13533 JAY STREET NW LEGALLY DESCRIBED AS: THE WEST 272.84 FEET OF LOT 13, WATTS GARDEN ACRES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF. SUBJECT TO THE RIGHT -OF -WAY OF COMMERCIAL BOULEVARD OVER THAT PART THEREOF LYING WITHIN PARCEL 4, CITY OF ANDOVER HIGHWAY RIGHT -OF -WAY PLAT NO. 1. WHEREAS, Kottke Bus Company has requested approval of a conditional use permit for an automobile service station on the subject property, and; WHEREAS, the Planning Commission reviewed the request based on the requirements of the City Code; and WHEREAS the Planning Commission finds and recommends approval/denial of the proposed conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves /denies the conditional use permit application for outdoor storage on the subject property subject to the following: 1. No outdoor storage shall be allowed on the subject property except for tires located entirely within a container at the location shown on the approved site plan. 2. Vehicles awaiting service shall not be parked outside overnight. 3. The hours of operation shall only be 8:00 am to 6:00 pm Monday through Friday and by appointment on Saturdays. 4. The applicant shall provide the Fire Chief with a letter that describes all of the services provided on the site. 5. The applicant shall provide 19 parking stalls to be striped and maintained to meet the requirements of City Code 12 -13 -8. Adopted by the City Council of the City of Andover on this , day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk L m a o c Q o o m K U a o @ N N a1 �LU v Q o a w == N E >� Z C r O OZ W w Z ZZ) Q x u J a a a m.. o V IL a 3 a o si E 15 U L N @ R ° C O Z 'o ❑ (n Q £'sb / N .\ 98 M r E 4 L M LO `) co N CD � o LL 00 88tr£6 r r 6052E M r CO rl d' 1S Av r U3 F 6M �g� M M 6 84 N _J s9v£y 9£84 , 6M !? r l O w , F mI rn] a F- ao n 6 6 ti8 1- = c u' � ° r ° j � 658 ~� j m i n tL s a t � r> :r 4 } N3j H ~ ii J r 'c Pf R n s a S f A N r I I F� �s. r r ) ,. 4� �` "`F; � F.4 s� °` �.��" �'_ .� 5r � .�Y,?1��4: � ,� FE��r t e � ,25. � tti. � �� h �K . F - � Y � '" $ � �:� net �r > ,r j 6 �'`, " � 4 Y • T+ 666_ ,w _ i � I {{ fi e^... s ' � e ' � � �� 4 ',w.+u Z � w.. �,u sex" f** -"_ x t'i�_ •" wN�....b �` �F� X. ' "c+'x ^ r �� 7" i. }} d : ' €.t �c° 3� =S �*i�+�YxL'3� .a PL P s y.. , n l v i:. �� Y�. ILA _ 4 gg a ... [� j � 1 � � 6 ..E t} � / ' y �..... >^ST( a.� Charles M. Peterson 13633 Jay Street Northwest Andover, MN 55304 February 10, 2009 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Subject: Conditional Use Permit, Watts Garden Acres W 11/2 of Wt 13 Watts Garden Acres Dear Council Members: You will recall that you and I have discussed on several occasions that the property to be considered Kottkes Services has not changed in the type of services rendered our initial purchase in 1982. The property has previously been one that has done sales and service on vehicles and had parked/stored vehicles on the east end of the property. A conditional use permit is requested to operate automobile light maintenance and retail tire outlet. I believe we have complied with additional requirements and have not changed the property. 1. The site drawing shows the customer and employee parking stalls required by City Code 12 -13 -9, and also the 10' setback along the east property line. 2. Screening of the property is as follows: a. chain link fencing around entire property b. retaining walls of keystone block on east and south side of property c. trees and shrubs landscaping the area outside the fencing on the east and south sides of the property. 3. In an effort to alleviate noise issues for the neighboring homes, our hours of operation will be: a. Monday — Friday 8:OOAM — 6:00 PM b. Saturdays by appointment only c. Sunday Closed We are very excited to get this business up and running by working closely with the City of Andover and the recommendations provided. We feel that the products offered and the services we can provide will be a convenient and affordable alternative to the local residents and the employees of area business. Sincerely, Charles M. Peterson, Owner December 10, 2008 To Whom It May Concern: North Central Bus Sales occupied the buildings at 13533 Jay Street from December 17 2004 until December of 2006. We used the building for a variety of activities in the operation of our business. It was our Bus Sales and Administration Headquarters. In addition, it was our primary facility for all types of vehicle maintenance. This included a wide variety of services. The services provided included: oil changes, brake work, tire changes, light body repairs, engine repairs, plus other vehicle related services. Don Schiffler �� North Central Bus Sales ST. CLOUD OFFICE' 2629 CLEARWATER ROAD METRO OFFICE* 732 30th AVENUE SE P.O. BOX 1084 ST. CLOUD, MN 56302 PHONE: (320) 251 -7252 TOLL FREE: (877) 485 -9595 FAX: (320) 252 -3561 MINNEAPOLIS, MN 55414 PHONE: (612) 238 -0400 TOLL FREE: (877) 485 -9575 FAX: (612) 331 -1387 13533 Jay St. NW/PO BqpK 127, Anoka, MTV 55303 Business: (763) 757 -7d,30 • Fax: (763) 757 -7632 TO WHOM IT MAY CONCERN: December 12, 2008 Grande American Bus Sales, Inc. occupied the buildings at 13533 Jay St. NW beginning the summer of 1985 until December 2004 when we sold to the business to North Central Bus Sales. During that time we sold and serviced busses and other vehicles. The property continued to be used for the same business purposes after we sold to North Central Bus Sales. We leased this property from Kottkes Bus Service, Inc. located at 13625 Jay St. NW, Andover, MN. Sinter, 1 , Peter C. Former owner /Retired Grande American Bus Sales, Inc. City Code References 12 -14 -6: CONDITIONAL USES: B. Criteria For Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 12 -8 -7: AUTOMOBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation is intended to protect the public health, safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations, including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, environmental health hazards, and the like. Automobile service stations shall be subject to the following: A. All new buildings, the site, tanks, piping and dispensing stations, shall comply with the current provisions of the International Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in Section 12 -8 -7 of this code. B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees, service vehicles and those needing repair and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles are regulated per section 6 -5 of City Code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the Conditional Use Permit. (Amended Ord. 314, 10 -4 -2005)