Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05/12/2015
Film) oz j 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda May 12, 2015 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — March 10, 2015 and April 14, 2015 Regular Meetings 3. Public Hearing: Lot Split (LS 15 -01) — 15260 Nightingale Street NW — Christopher Hynes 4. Public Hearing: Conditional Use Permit (CUP 15 -02) — Liquor License — 13753 Ibis Street NW — Sam Leon 5. Public Hearing: Conditional Use Permit (CUP 15 -03) — Private Utility Structure - 13585 Thrush Street NW — Connexus Energy 6. Other Business 7. Adjournment C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N,W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: Approval of Minutes — March 10, 2015 Regular Meeting and April 14, 2015 Regular Meeting DATE: May 12 2015 REQUEST The Planning and Zoning Commission is requested to approve the minutes from the March 10, 2015 and April 14, 2015 regularly scheduled meetings. PLANNING AND ZONING COMMISSION MEETING —MARCH 10, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Nemeth on March 10, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OF MINUTES. February 10, 2015 Acting Chairperson Kyle Nemeth, Commissioners Jeff Sims, Lynae Gudmundson, and Bert Koehler IV. Chairperson Daninger, Commissioners Timothy Cleven and Steve Peterson. Community Development Director Dave Carlberg Others Acting Chairperson Nemeth indicated in the February 10, 2015 Workshop minutes Commissioner Sims named was misspelled. He noted it was also misspelled using Simms instead of Sims in multiple places in the February 10, 2015 minutes. Acting Chairperson Nemeth indicated in the approval of the 2015 meeting schedule the motion is showing the year as 215 and should be 2015. He also noted in regards to the adjournment of the meeting, it is showing 7:00 p.m. and should be reflected as 6:55 p.m. because he believed they adjourned slightly before 7:00 p.m. Acting Chairperson Nemeth stated on the regular minutes under Approval of Minutes; page one, first paragraph, second sentence the word "pair" should be "peer ". On page three, fifth paragraph, third sentence should read "An obstacle, need to be pruned more and encroach onto the roadway." Motion by Gudmundson, seconded by Koehler, to approve the minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 3- absent ( Daninger, Cleven, Peterson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — March 10, 2015 Page 2 PUBLIC HEARING: Comprehensive Plan Amendment — Tract A, RLS No. 262 — 3200 South Coon Creek Drive — Incorporate Property into MUSA and Change Land Use Designation from OS, Open Space to URL Urban Residential Low Density Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a Comprehensive Plan Amendment — Tract A, RLS No 262 — 3200 South Coon Creek Drive, to incorporate property into MUSA and change land use designation from OS, Open Space to URL Urban Residential Low Density. Community Development Director Carlberg reviewed the proposed Comprehensive Plan Amendment with the Commission. Commissioner Koehler asked what the premise of designating a land as open space and what was the guideline for it. He wondered whether there was some sort of stipulation on open space land that it should never be changed to anything else. Mr. Carlberg stated the open space land use designation was put on any properties that were considered to never be developed. He noted there has been a resident who expressed concern with the proposed open space land use change and how the City can change the designation. He indicated there is a difference between the land use designation and properties that have been purchased with open space monies from the 2006 bond referendum. In this case, the property was not purchased with those funds and the designation can be changed because it is land use designation. Commissioner Gudmundson asked why they would put all of the golf course land into the MUSA sometime in the future. Mr. Carlberg stated if it does not count against their density requirements they have with the Met Council it is probably better to be put into the urban service area so the City does not have islands within the MUSA boundary. This would be a map clean up item. Commissioner Gudmundson asked if it was an error that this was labeled as open space and zoned R -4. Mr. Carlberg stated this area has been zoned R -4 since the late 1980's when the Woodland Creek Golf Course PUD was developed which included the course and the adjacent residential housing units. The Open Space land use designation was added in 2008. Commissioner Sims requested that an explanation for the difference between an open space designation and a zoning designation. He questioned whether a piece of land can have two different labels. Mr. Carlberg stated they could. He discussed the land use designation map and gave the definition of both types of land labels. Commissioner Sims indicated he was confused and wondered why a piece of land can have an open space designation and also be labeled R -4 Zoning. Mr. Carlberg stated there is no open space zoning designation but they have a land use designation that guides it. Regular Andover Planning and Zoning Commission Meeting Minutes —.March 10, 2015 Page 3 Acting Chairperson Nemeth asked how many additional lots will be added. Mr. Carlberg stated there will be six. Commissioner Koehler stated there will also be a limited number of parking spaces in the development to provide access for people to access this open space area which was the former golf club. Mr. Carlberg indicated that was correct and indicated there would be four parking spaces and trail access to the open space. Commissioner Gudmundson asked if the resident who wrote the email lived in the vicinity. Mr. Carlberg stated she did not. Commissioner Sims asked if the intent of this would be open space for the public to use but is not covered the bond issue. Mr. Carlberg indicated that was correct. Commissioner Sims inquired whether in the future the land use could be changed. Mr. Carlberg stated it would not be because the City is working collaboratively with the Board of Water and Soil Resources on establishing a conservation easement over the property for the development of a wetland banking program which will restore the wetland areas that were filled when the golf course was developed. Motion by Koehler, seconded by Gudmundson, to open the public hearing at 7:22 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Daninger, Cleven, Peterson) vote. Mr. Ron Dombeck, 3272 143`d Avenue NW, stated he wondered how much of a mess is the construction going to create for the residents because they all have to use the same drive off of South Coon Creek. He thought there will be mud brought in onto the roads which will make a mess for the people who live in the area. He wondered if there was some stipulation that the contractors are required to clean up after themselves. Mr. Carlberg stated the City does require the streets are cleaned and swept. The construction company will do a rip rap rock type entrance to the site and grading should occur on the property itself and they will not be bringing fill and dirt onto the site. He stated there will be heavy equipment and through the City's approval process they make sure the streets are clean and that the developer implements erosion control measures on the site. Commissioner Koehler stated in that area they can have a lot of dust blowing around so the contractor will water down the area at the end of the day to help alleviate that issue. Mr. Dombeck asked how large the lots will be. Mr. Carlberg stated there will be six homes with at least a half -acre in size. Commissioner Koehler stated one of the concerns the City had while reviewing the site plan was the value of the neighborhood and plans were reviewed and the homes look really nice and would benefit residents of the neighborhood. Acting Chairperson Nemeth submitted into the record an email received from Donna Aasness. Regular Andover Planning and Zoning Commission Meeting Minutes —March 10, 2015 Page 4 Motion by Koehler, seconded by Gudmundson, to close the public hearing at 7:29 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Daninger, Cleven, Peterson) vote. Motion by Koehler, seconded by Gudmundson, to recommend to the City Council approval of a Comprehensive Plan Amendment — Tract A, RLS No. 262 — 3200 South Coon Creek Drive — Incorporate Property into MUSA and Change Land Use Designation from OS, Open Space to URL Urban Residential Low Density. Motion carried on a 4- ayes, 0 -nays, 3- absent (Daninger, Cleven, Peterson) vote. Community Development Director Carlberg stated that this item would be before the City Council at the March 17, 2015 meeting. OTHER BUSINESS. a. Discuss Participation in Andover Family Fun Fest City Booth Community Development Director Carlberg stated the City gets a booth every year and traditionally the City Council attends and spends time in the booth. In recent years, the Open Space Commission and Park and Recreation Commission have started participating in the booth and giving out information. He thought this was a good resource booth for the different Commissions to spend time in and he wondered if the Planning and Zoning Commission would like to spend some time in the booth volunteering. He stated if interested the Commissioners could email him. Community Development Director Carlberg updated the Planning and Zoning Commission on related items. ADJOURNMENT. Motion by Koehler, seconded by Gudmundson, to adjourn the meeting at 7:36 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Daninger, Cleven, Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc, PLANNING AND ZONING COMMISSION MEETING — APRIL 14, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 14, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Bert Koehler IV, Kyle Nemeth, Steve Peterson and Jeff Sims. Commissioners absent: Lynae Gudmundson. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Associate Planner Brett Angell Others SWEARING IN OF COMMISSIONER STEVE PETERSON The Oath of Office was given to Commissioner Peterson by Mr. Carlberg. APPROVAL OFMINUTES. March. 10, 2015 Commissioner Nemeth stated on page two, fourth paragraph, fourth sentence in should read: "Open Space DesignaVie== =Land Use Designation... ". It was noted the minutes would be tabled until the next meeting in order to have a quorum to approve. PUBLIC HEARING: Residential Sketch Plan Review — Country Oaks North Second Addition — SW Investments LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a residential sketch plan review for Country Oaks North Second Addition. City Planner Hanson reviewed the proposed sketch plan with the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes — April 14, 2015 Page 2 Commissioner Koehler stated it was referenced they were short a sewer hook up and the developer would need to find another place to obtain one and he wondered if there was one in the area that the builder can use. Ms. Hanson stated there is. There are areas that he can work with landowners to obtain another hookup. Commissioner Cleven stated the cul -de -sac is close to five hundred feet and he wondered if it would be a problem with the Fire Department. Mr. Carlberg indicated this will not be a problem because they have the five hundred foot cul -de -sac rule and the street cannot be extended through because of the wetland/open space property. This will be addressed further in the Preliminary Plat. They may need to ask for a variance if longer than five hundred feet. Commissioner Nemeth asked if the one -acre lots could be changed into urban residential lots. Ms. Hanson stated they would not be able to do that because of the capacity issues with the MUSA. On the trunk line, there are only 84 units available for this entire property so they will not get anymore sewered lots. Commissioner Nemeth asked if the developer could connect into another trunk line along the way from another direction, would it be a possibility to change the lot sizes. Ms. Hanson indicated that would not be possible because there was only one trunk system that serves this area. Commissioner Nemeth wondered why there is not a thru street with the two cul -de -sacs. He thought that would make a circular street. Ms. Hanson indicated that would be a question for the developer to answer. Commissioner Sims asked by amending the Comprehensive Plan does the plan lose validity if they keep amending it. He asked what it means when staff will continue to work with the applicant. Ms. Hanson stated they have to figure out first of all if the Council and Commission Members are on board with one acre lots and if they support that, then staff needs to move forward and look at if the lots will be allowed through a planned unit development or are they going to change codes to allow one acre lots. Commissioner Nemeth asked what the likelihood is that Met Council will allow the switching. Ms. Hanson stated she has been in contact with Met Council staff discussing the possibility of this type of Comp. Plan Amendments and at this point, they are showing support for it because it is an even swap. Commissioner Nemeth stated in regards to the trail system where the trail on Wintergreen Street is. Ms. Hanson showed on the map where the trail is located at and where it will continue to the northern boundary of the plat and along 167`h Avenue through the development to Hanson Boulevard. Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 3 Motion by Nemeth, seconded by Koehler, to open the public hearing at 7:27 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Mr. Scott Weld, S.W. Investments, 3408 167`h Lane, was at the meeting to answer questions. Commissioner Nemeth asked if there has been any thought on connecting the two cul -de- sacs. Mr. Weld stated the reason they do not have anything connected, is there is a need for pending and run off in the development and it is designated in that area for storm pending. Commissioner Nemeth asked if any thought was given to bringing in extra capacity of sewer from a neighboring area to make this a complete urban development. Mr. Weld stated when they developed the parcel to the south, there was a forty foot easement left there for a future crossover for the railroad tracks. They have taken the time to approach the railroad and it seems as if that will not take place. Mr. Carlberg noted when County Oaks North developed, there was a forty foot piece reserved including a forty foot piece in this development which was the future connection across the railroad tracks on the east side. They do not know if they will ever gain support from BNSF to do that but they planned for it. What Mr. Weld is looking at is this would be his eighty -fifth lot potentially. Mr. Wold noted there are other developments in the process now that hookups are allotted to and there may be an extra service hookup as they develop. At this point, their intention is to keep this as an outlet, stub the service in, and if a service were to become available, they could pick it up to utilize the lot that is already there. Commissioner Nemeth stated they have the fifteen one acre lots and he wondered if there has been any thought into making them into urban lots and attempting to get additional sewer hookups from a neighboring area in order to make this complete development urban and not a mix. Mr. Weld stated there are not thirty services available in other areas. They are trying to utilize the land as best as they can. Commissioner Peterson asked along the railroad tracks if there were any plans to try to buffer the homes. Mr. Weld stated they are trying to keep as much buffer as they can and the lot depth is at two hundred or more feet in the back and they are going to be very detailed in the tree removal when they go forward and want to leave as much as possible. Commissioner Peterson asked if these lots are approximately the same as the lots that were developed to the south. Mr. Weld indicated that was correct. They are not trying to put in a minimum lot size, they were going to be a really nice transition to the rural area to the north and have buffers to the open space. Regular Andover Planning and Zoning Commission Meeting Minutes — April 14, 2015 Page 4 Chair Daninger asked who is going to pay for the improvements to the interchange. Mr. Carlberg stated the road itself is going to be paid for by the developer but it is a State Aid Route so there will likely be some City participation and likely County Highway input. This will be a cost shared road system. Chair Daninger asked if this will still move forward if the Council wants 2.5 -acre lots rather than one -acre lots. Mr. Wold stated it will still move forward. Mr. Carlberg stated it is the City as well as the Council that is supportive of this transition zone so the ideas have come through many discussions. This is desirable as a transition from urban to rural. Motion by Nemeth, seconded by Cleven, to close the public hearing at 7:49 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Commissioner Koehler stated in regard to the cul -de -sacs, he did not know if it is such a good idea to connect them because it provides one thru outlet for traffic and is safer. It does not create a loop. Commissioner Sims stated he would be against the one -acre lots because if they make an exception for this development the next developer may want the same thing. He stated this is zoned for 2.5 -acre lots and he would expect the developer to come to them with a development that is zoned that way. He did not think they should be changing the rules for any developer and struggled with the idea why they would change the rules for any developer. Commissioner Nemeth thought they could look at this as a planned unit development where if they do have the one -acre lots, they could discuss with Mr. Wold some additional gives that he will be providing to make this development a little bit better. If they go down that route, they could do a give and take. This may set a precedent for other developers as they come forward however he thought the one acre lots is a nice buffer between the urban lots and the open space. He stated there is a demand for one- acre lots so he took that into consideration also. Commissioner Koehler stated the rules are in place and they need to be smart enough to know when to adhere to them and when to make exceptions to them. They are not beholding to the rules, they are beholding to the citizens of the City and if the citizens of the City would benefit from a little bending of the rules that is why they have variances and PUDs and ways to work within their framework. This is not about the developer; it is about the citizens of Andover. Commissioner Cleven stated something he would ask as an added feature to the City is along the twenty -foot easement into the open space to think about something that would limit the residents on the pathway from going onto the private property, whether it be a fence or shrubs that would be provided by the developer. Regular Andover Planning and Zoning Commission Meeting Minutes — April14, 2015 Page 5 City Planner Hanson stated that this item would be before the Council at their April 21, 2015 meeting. PUBLIC HEARING: Amended Conditional Use Permit — Bulk Storage of Liquid Fuels —14327 7`* Avenue NW — CenterPoint Energy Associate Planner Angell noted the purpose of this item is to hold a public hearing and take input on an Amended Conditional Use Permit for bulk storage of liquid fuels at 14327 7`h Avenue NW. Mr. Angell reviewed the proposed Amended Conditional Use Permit with the Commission. Mr. John Heer, CenterPoint Energy, 700 West Linden Avenue, Minneapolis, gave a brief presentation to the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 8:08 p.m. Motion carried on a 6 -ayes, 0 -nays, l- absent (Gudmundson) vote. Mr. Angell submitted a letter from Mr. Ronald Hansen, 14404 Eldorado Street NW. Mrs. Kay Craig, 4280 144`' Lane NW, stated her property backs up to the facility. She stated comments concern ing safety. They have had a number of fires in the swamp area and how much of a danger does that cause to the tanks. She stated the reason she came to the meeting is to see if any trees will be removed. She wondered if this facility will keep continuing to grow. Mr. Luther Romo, 14449 7'h Avenue NW, asked if there will be a semi -fore at the entrance. He was concerned whether there will be a semi -fore. Mr. Carlberg indicated this is not a part of the request and staff would be happy to address this concern directly with the resident. Mr. Heer stated there are not any plans to remove any trees and they will work with the City regarding landscaping. He stated they are aware of the fires in the swamp. He reviewed the safety measures they have taken in regards to protecting their facility and tanks. Commissioner Nemeth asked if Mr. Heer knew on a given day how much of a draw on the pipeline is there on this facility. Mr. Heer stated Northern Natural Gas delivers gas to them and CenterPoint Energy takes the gas and distributes it to the residents along a large line. He stated this facility can put out 6 million BTU's per day and by adding these tanks and providing an additional 2 million BTU's per day, it will add fifteen hundred to two thousand additional homes per day. Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 6 Commissioner Nemeth asked if they have ever experienced with the current set up a demand so heavy that it actually depletes the current system that is in place. Mr. Heer stated when they see cold weather coming, they usually have the facility running for a few hours in the morning and then depending on how cold it gets, they turn the facility up. The facility does get used virtually any time it gets to ten below zero. Their load is also during the peak hours of 6:00- 7:00a.m. Commissioner Nemeth asked if there has been any safety issues with the current system that is set up. Mr. Heer indicated there has not. Commissioner Nemeth asked what additional security features are enabled on this facility. Mr. Heer stated there is a security fence with barbed wire and a video surveillance system and the road is gated so no one can drive into the facility area and the tanks are secured so no one can open the valves. Commissioner Koehler asked with the additional capacity being installed, does it require any expansion to the pipe to get the propane out to the residents. Mr. Heer stated there is not any expansion directly to the pipe outside of the facility. With additional development, at some point they need to expand pipe further out so somewhere between the facility and development there may be some pipe that is expanded to accommodate the increase. Commissioner Koehler asked if Mr. Heer was given a copy of the letter from Mr. Hanson and did he have time to read it. Mr. Heer indicated they were given a copy and did read it. Commissioner Koehler asked if there was any regulation that was not currently met. Mr. Heer stated there was not. He reviewed the governing laws they need to follow with the Commission. Commissioner Cleven asked if all of the security in place was being monitored. Mr. Heer stated they have a site in Burnsville that is manned 2417 and all of the data from this site is monitored there all of the time. Mr. Carlberg addressed Mr. Romo's comment regarding the signal going into the facility from 7`h Avenue. He stated there is an agreed upon location for a future signalized intersection at that entrance and has been through a joint powers agreement with the City of Andover, City of Anoka and Anoka County. He showed on a map where the signal will be located at and indicated the signal will be triggered by development. Motion by Nemeth, seconded by Peterson, to close the public hearing at 8:28 p.m. Motion carried on a 6 -ayes, 0 -nays, I - absent (Gudmundson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 7 Commissioner Nemeth asked if they have received any complaints regarding this facility by residents. Mr. Angell stated before the previous amendment there were complaints about the noise coming from the Northern Natural Gas station but when the 2001 amendment took place, CenterPoint upgraded their station, which eliminated the noise. He stated he has not received any complaints regarding noise. Commissioner Nemeth asked if there have been any issues with decibel levels and disrupting residents. Mr. Angell indicated he did not know of any issues. Commissioner Koehler asked staff how they make sure all of the issues addressed in the letter sent are being addressed. Mr. Angell indicated they would be regulated by the Federal and State inspectors. Commissioner Peterson asked if there will be any requests by residents for additional screening of the property. Mr. Angell stated they have not received any comments from residents and this will have to go through a commercial site plan review and that landscaping would be one of the subjects they discuss at the time. Mr. Carlberg noted these are bermed (covered) tanks so do not have any visual site by the residents. Motion by Nemeth, seconded by Cleven, to recommend to the City Council approval of the amended Conditional Use Permit 15 -01 regarding the bulk storage of liquid fuels at 14327 7th Avenue NW. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Associate Planner Angell stated that this item would be before the Council at its May 5, 2015 meeting. PUBLIC HEARING. Interim Use Permit — Mining — Andover Boulevard and Butternut Street NW — Mark Smith City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for mining at Andover Boulevard and Butternut Street NW. City Planner Hanson reviewed the proposed Interim Use Permit for mining with the Commission. Commissioner Koehler asked if they have gotten calls from the residents before the letter arrived from the residents. Ms. Hanson stated with the last go around with the mining, staff did receive some calls regarding the dirt and the Public Works Director, Mr. Berkowitz, would get ahold of Mr. Smith and have him water the streets but she did not know which individuals they were. Commissioner Koehler stated there was mention on the letter regarding cracks in the house and he wondered if there was any mention of that before. Ms. Hanson indicated Regular Andover Planning and Zoning Commission Meeting Minutes — April 14, 2015 Page 8 she has not received any calls regarding that. Commissioner Koehler asked if the City have some mechanism for addressing issues like this when presented. Mr. Carlberg stated they would have the contractor look at the situation to see if it occurred because of construction or mining. He suggested residents contact the City regarding issues such as this at the time they notice the damage so they can assist in assessing the damage and the potential causes. Commissioner Koehler asked if the streets they are talking about are able to handle the load that is being requested. Ms. Hanson stated these are County roads and able to handle large amounts of weight. Commissioner Nemeth asked regarding the Interim Use Permit, termination part four states the use has been discontinued for six months, would this include the winter months. Ms. Hanson stated they would not void this if he was not able to haul over the winter months since it is an active Interim Use Permit. Commissioner Nemeth asked what kind of plan they would have for fire control. Ms. Hanson indicated that would be for other types of Interim Use Permits. Motion by Koehler, seconded by Peterson, to open the public hearing at 8:54 p.m. Motion carried on a 6 -ayes, 0 -nays, i- absent (Gudmundson) vote. Ms. Arlene Elin, 137 Andover Boulevard NW, submitted a letter for her neighborhood and stated the concerns they have had is with the dirt that is blowing throughout the neighborhood. She stated she has had her home professionally cleaned last year along with her windows washed. They are incurring costs with this development. She stated they do not want to stop Mr. Smith from developing but they would like some solutions to the dirt problems and trash blowing around the neighborhood. She stated she wanted the builder to be responsible to clean the house and pay the bill. She asked the builder to make this right. Mr. Daniel Gunderson, 40 Andover Boulevard NE, Ham Lake, stated he was the first lot east of this operation. He expressed his concern about mining to the south. He stated when the area was mined there was a berm along his house and he wondered if it was going to be removed. He wondered how far back this will continue. He stated the berm that went up helped with the dust on his side and he requested the black dirt berm be left until this mining is done and then removed. He stated another concern is the start time on the weekends. He requested no work be done on Saturdays. He asked if there is any more elevation going to be taken out of land as far as depth. Mr. Greg Jaeger, 159 142 "d Avenue, stated his concern was with the trail that was supposed to be on the north side of the creek and now they are talking about taking more dirt out of the area and moving it to the floodplain in Hickory Meadows Second Addition. He was not sure how they could put 60,000 yards in the floodplain. He stated the way it is going the floodplain is going to get smaller. He voiced his concerns about the mining Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 9 operation and where the dirt is going to. He was upset that all of the trees disappeared that were providing a buffer for all of the residents. Ms. Mary Melin, 59 142 "d Avenue, stated she lived in a townhome adjacent to the creek. She wondered if the additional mining will be on the same land and is it going to intrude into the next set of pine trees and will any of the wetlands be affected. Chair Daninger noted the mining will take place on the same exact area as before. Ms. Hanson noted the first CUP did not involve the lands to the west on Butternut Street and these are new ones. Mr. Carlberg noted there will not be any more trees removed. Mr. Mark Smith, 4728 Greenhaven Drive, White Bear Township, was at the meeting to answer questions. Commissioner Koehler asked why they were looking at a permit that ends in 2017. Mr. Smith stated the reason why he is asking for this length of time is because there are two projects that need dirt moved. He asked for two years because they do not want the permit to run out before it is all done. Commissioner Cleven asked because of the length of the time, are there any plans in place for vegetation to help stop the dirt blowing. Mr. Smith stated they do seed the area once they get through with the area and are hoping that the seed will take hold. Commissioner Peterson asked if Mr. Smith would be agreeable to not working on Saturdays. Mr. Smith stated during the first phase there was direction of working limited hours on Saturday and the workers were not too pleased. He did not know the answer to the question but if it is a requirement, then they will work with it. They would like to get the work done as soon as possible and by limiting the hours it will be spread out longer. Commissioner Peterson asked concerning the letter from the five residents, are there any potential remedies. Mr. Smith thought there were two different issues going on. He figured the building materials were coming from Catcher's Creek along with some of the dust. He stated once they get the seed down in the mining area it should control the dust blowing. They are also watering the streets to keep the dust down. He stated he would be surprised if the cracks in the house were caused by the trucks hauling the dirt. He stated the trucks they use have the same axle weight as other trucks that go down the street. Mr. Smith stated it was not his intent to cut through Hickory Meadows and was not in favor of doing that because there are a lot of kids in the area. Commissioner Koehler asked Mr. Smith if the berm wall will be removed at some point. Mr. Smith stated that when they get their grade to where they propose they will push the top soil over the back of it and reseed and the berm will be removed. It will be removed after the project is done. Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 16 Commissioner Koehler asked what the overall elevation is expected to be at. Mr. Smith stated in the area already mined, there will be a couple of more feet removed and then they will be finished. Commissioner Koehler asked why they were putting dirt in the floodplain. Mr. Smith stated Hickory Meadows Second Addition was approved two years ago and the lots were approved by the City but the previous owners did not have the dirt to finish the development so they sold the property to him. They are not filling in any flood plains. They have all of the permits from the Coon Creek Watershed District. The area to the back that the homeowner is concerned about will remain wetlands. Ms. Elin stated there is a big difference between dump trucks and belly loader trucks and Mr. Smith is using belly loader trucks and they are packed with dirt. Mr. Carlberg stated for the record that there is going to be more development that occurs in this area between where Mr. Smith is mining and the Hickory Meadows area. There will be additional trees lost and homes built but there will be a public process and residents will be invited to participate in that. Commissioner Cleven stated there is an indication of a trail and it will be coming in at some point. Mr. Gunderson stated regarding the Saturday hours, he would not be opposed to them extending the hours during the week, not to start before 7:00 a.m. and extending it later into the evening. Alotion by Nemeth, seconded by Koehler, to close the public hearing at 9:39 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Commissioner Nemeth stated he would like to see an end date of December 2016. He stated it would be helpful for the residents if they can shorten the period. He also thought the hours were good but maybe change the Saturday hours from 9 -1. He thought people would like to sit out on their decks at night and would not want trucks hauling during that time. Commissioner Cleven stated he would propose eliminating the Saturday hours and extending the weekday hours until 7 p.m. He stated the drivers want to run as long as they can in a day and a four -hour day is not worth it for them. Commissioner Koehler stated regarding the timing he would suggest Mr. Smith try to get the mining done as soon as possible. Commissioner Nemeth asked who monitors how much is being mined. Mr. Carlberg stated generally they have a grading plan so they know what is being removed. Another option is the City could ask to see truck tickets on how much has been removed. Regular Andover Planning and Zoning Commission Meeting Minutes — April 14, 2015 Page 11 Commissioner Koehler asked when issues come up with blowing dirt encrusting on homes, etc., should the resident contact the City. Ms. Hanson indicated they should contact the City and ask to talk to Mr. Berkowitz who can handle the problem for them. Chair Daninger reviewed with the Commission possible changes that could be made to the Interim Use Permit. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the Interim Use Permit for Mining at Andover Boulevard and Butternut Street NW with the following amendments: Item 1: Change the year from 2017 to 2016; Item 2: No hauling on Saturday Item 3: To take into account everything in the memorandum from Todd Haas including the street recommendation for hauling. Motion carried on a 4 -ayes, 2 -nays ( Daninger, Cleven), 1- absent (Gudmundson) vote. City Planner Hanson stated that this item would be before the Council at its April 21, 2015 meeting. PUBLIC HEARING: Preliminary Plat Review — Andover Station North 5`" Addition — Griffen Property Holdings, LLC Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a Preliminary Plat Review for Andover Station North 5th Addition. Community Development Director Carlberg reviewed the proposed Preliminary Plat with the Commission. Commissioner Nemeth asked what the purpose was to redo this other than to expand the building and why this all is not one lot. Mr. Carlberg stated the purpose of this is to create the lot for the addition. He noted they are shifting a lot line and also creating a lot for future development. Commissioner Peterson asked for information on the parking area and how it will be affected by these changes. Mr. Carlberg reviewed the changes with the Commission. Motion by Koehler, seconded by Nemeth, to open the public hearing at 9:57 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes —April 14, 2015 Page 12 Motion by Koehler, seconded by Cleven, to close the public hearing at 9:58 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Preliminary Plat of Andover Station North 5`h Addition located at 1730 and 1750 139`h Lane NW. Mr. Carlberg asked to have April 9, 2015 inserted into the Resolution under Item 1. Commissioner Nemeth revised the motion. Commissioner Koehler agreed to the amendment. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Community Development Director Carlberg stated that this item would be before the Council at its April 21, 2015 meeting. OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items and reviewed new projects in the works. Commissioner Nemeth reminded the Commission of their inclusion in the Fun Fest Booth this year and he stated he would be interested in manning the booth and indicated to the rest of the Commissioners to let staff know if they want to volunteer for time also. ADJOURNMENT. Motion by Koehler, seconded by Peterson, to adjourn the meeting at 10:03 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Gudmundson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1 �kNDOVE 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 CC: Dave Carlberg, Community Development Director FROM: Brett Angell, Associate Planner SUBJECT: PUBLIC HEARING: Lot Split (15 -01) to create one new buildable urban lot for the property being located at 15260 Nightingale St. NW DATE: May 12, 2015 INTRODUCTION The property owner proposes to create a new 0.313 acre (13,653 sq /ft) R -4 Single Family- Urban lot and retain a 2.953 acre R -4 Single Family- Urban lot for the existing home; as requested by Chris and Paulette Hynes. DISCUSSION Minimum District Provisions Minimum lot size requirements in the R -4 district are 11,400 square feet. The new lot will be 13,653 sq /ft and the lot with the existing house will be 2.953 acres. The new lot will have a lot depth of 130.03 feet and a lot width of 105.02 feet, meeting the requirements of the City Code. Municipal sewer and water services will be available to the new lot. Connections to municipal services will be made as required by City Code. Access The existing property is accessed from Nightingale Boulevard NW. The newly created 0.313 acre parcel will be accessed from Veterans Memorial Boulevard NW; within the Woodland Estates Fourth Addition development. Utility Easements The newly created lot will be served by municipal services and is required to have a minimum 5 -foot easement along the side lot lines, a 5 -foot easement along the rear lot line and a 10 -foot easement along the front lot line. Park Dedication and Trail Fees A park dedication fee of $2,899 and a trail fee of $770 will be required to be paid for the new lot. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and provide a recommendation to the City council regarding the lot split request. Attachments Resolution for Lot Split Location Map Aerial Photo Site Location Photograph Certified Survey Respectfully submitted, Brett Angell Associate Planner Cc: Chris & Paulette Hynes, 15260 Nightingale St. NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R -4 SINGLE FAMILY URBAN DISTRICT FOR THE PROPERTY LOCATED AT 15260 NIGHTINGALE STREET NW, PIN 22- 32- 24 -31- 0029 NW LEGALLY DESCRIBED AS: The North 418.36 feet of the East 340 feet of the Northeast Quarter of the Southwest Quarter of Township 32, Range 24, Anoka County, Minnesota, Except Road, Subject to Easements of Record WHEREAS, Chris and Paulette Hynes have requested approval of a lot split to subdivide property located at 15260 Nightingale Street NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the lot split, 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 lot split on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $2,899 and a trail fee in the amount of $770 prior to the recording of the lot split with Anoka County. 2. The applicant shall provide 5 -foot easements along northern, eastern and western sides and a 10 -foot easement on the southern lot line of the newly create parcel. 3. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. 4. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 5. The property owner will be required to submit a petition to the City prior to the building permit being issued to be able to hook up to municipal sanitary sewer and water. 6. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this _th day of , 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor C 1 '1� 1 V 1 NDOVE _ Location Map 1x92 15105 1 L00 1583 15339 15284 L955 L 15207 5391 133362)1 15333 1536 a 5276 15277 1879 � 073 i 152" x 1520 W LS270 1327L I53R0 LAI ¢� 4 i Rr PL'1N 15262 ism 5h� 15315 L539i L942 1#34 1966 153M 15336 1991 4 153M 2 15311 15333 15339 13306 p� a 15310 L3n2 1531) 15302 15321 1x92 15293 ISI9S 15284 15207 5391 15295 5276 15277 1879 i 152" 52" y 1520 W LS270 1327L ¢� 4 Rr 13291 15262 ism N y3W 2 EJ VErERANS MEMORIAL BLVD VETERANS MEMORIAL BLVD ISM 42 1136 2119 2106 7002 "74 am 2966 2031 2018 2 n x z n x. T 49 2135 2119 7103 22r 2075 �. 3061 7097 1033 �u 151 ST LN B 2155 2 n T N ti ClT(A'V- J501.T2 MCX CC:.S".Fi ' 15127 1901 19D N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved a Printed 04/14/2015 t' A 66 4 ! R ' Aerial Map t� Aft f � NSA AM { - .e A. N A Y' 11111OL :., 1 i_ ` � 7 i e \ Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and N are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w e that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved s Printed 04/14/2015 54 A 74f p. cn 1+ CD r- 0 0 o n 1 �7 1 , 1 ,elr\r\r,l A I, In r - ^T n —{ T1 VV L/\J LI L. r\I V U I L L_.� I n L_" 3 - 1 CC 1 SC I I E.blYq I I-- /\ I L, I A C) 1 R :,, i L/vl\ I ri nLJVI I IIaV DI f I' / 1 I % \�\° C 7 \ \Elai a $ \\ ,'- _. \ \t fee` rn R .i en • Q S / //Y 1/ fJ QII 1\ n b g n ^ 7 _ L .% < C 7 II ° $" $ y y! $ / I y w.y -- - � a %at W. of N. Eat 340.00 \ / ] \ xa.n = 'ra %e,�s --�Y'3 / -.g V. /T.3Z4 4M/4 } <,-��Y/ I _ 500'OFS'SJ'M/ -_wew °'- /' ° ' / / x I II (.) I F I _g I " / -° \ / /�+.�_- _418.44 / I 130.a'< 21145.41' _ W-ps, low � 9 its xa O� %4 R �$ is ` -- / /// x$ (•� I I j 1 =� a r4w.ZD7'3ws I' m I /�' / Q I$x 1} / I I by uw0 �yY I .81G Q n 0mi loin / I I r• wlrtD ap- -- �x S/° // x° i 1 1 � ^// x x � -1 - - - - - -- t�a.o� '�i- ±- -- +• Ix && to I I . ; \ \ a- Ltl_- --- +- - - - - -a - - - -� E $ - w✓ ±/ i \ \ I xl iz' /i'1 pp \` �00'OS'S5•W {� } u `, } / i / \1 �I Y \ I $ x ! / tea- -- I/ § $ �`- - W D x 1 \ _ R $ I !/S a -11- Efy -J� y \ � '_-a, _{ 0°fa- -I � �� "� \ { y�9,,` lXi e I�.o.y +11� - Q 1 \ -ix- i xil zl6>I \3 `t'�Fm.el �Go b.• ..�F �tl Y �\\ CI�I�,_I .� it x x 13JQf ¢ !w 15290 NIW�t•19d. SL NW off I A /i'•��l : \y 4 e — g / x /1 ¢ / / / 7 as /Yi �Ig�fiQ G I / yp( 7 Ix ----------- r� -- - ---- --- .-/ / -- --- --- - -- - -- - ---- --- i I } Q \s� $z ~d - na3a � �i= _- I+L____ 1____�- ••.�_ - <_ - r_____t ,�i- I 3 / }� Yh.l Ilna of NlflM 01 stmt NW - -, i / I 1 y }'-��.- p. - - -- -- 'q NIOIfA C9UlYn wONwAr RIOHT - =e �- -may - -- -_--� Sri {r=aw P / �. of wAr RAS ra.'� -� _-V'� i �J. // --' -- -'�-- I i 40 1 g _ I - _c-4_ % A "� — ,�.i /'�'� i�>A - -�I \I —I ° _ /S- _x.a+r- -- - --•'� „w- �>,1!%x�- �- / i/ .ra,4,�� �__- I ___�'.,r // 8 11 y p .n.a » 7orYtiw� - �.aaY -1�_� ".�.I` x " R�z.•v A N I/-\I AI II / \I 11 Al A ru vvl`\rl \.vUI v 1 I rllvr11 VV n 1 I NIGHTINGALE STREET NW / S00'05'35•W pl Ea.t IM of Me WI/4 of SWI /4 of 5.w 2Z TJZ 11.24 - • Y D fI l IT ^f 1AI A \/ �)I A T N In V 1 \K2 1 VI Y r\ L.rt I V\/. X- I Ya I • p • p s p g• e e ° o ° 0 o ti o° nScq• >oS.gaSSA $m �f �z 'g $yI oz oz Q 'o m� °n P� $o S� " »R °° o o su ie $qQ =x oit •i RQ cci ?60 �'e o° 019. !: �$,� RuQI'so,o cn3Q -•c z oy o$ ZSc °..S'S yS eR '� �c ne o� >a I§ c g•S ps >ym nt ccc m ^.^ ',� t°-° $ OdR $^ g><O++j �$S�ggR g og og S�R F� S`P 7i `bl =C -, cic lc -, g Q 4 =I d 40$ ,as �c g << F° n3 9•°� o$� 9$ Q$ n.,<•SS3$g 'S 's"g °o� 4S 9� gg m� 506 8t 4^ g$ S °�° pg �gRBg. E a g So 5- m °q = fit if r4o.. 3 33C� �j °� R.,ov ° #n =� Rv °.�v XS �r� D °+ o°. P� mews i ,< •°c °� ° S�•�'V ii &$ °+. F0 F° S° S S $S S ual.,. 3 yy 9 0 ° s • lowu og >m v e oR ^• °cR��i gO §: S S� ¢'� 3 8� z m I z m R. INI RI F. 9S �°o QQ o $'1 -mss -fy 1n SRf ° �P0 ail .,6 C ;o cnSal ° S ° 4 Na l mi 0 gQ ° " $O o. a ,zO ezzz'44Q30Is 48 8 � �� p„ m �l+• �.. 3 °n i QQ° 'FC3 =�Q ^ggR.es $3' 8 SE5 8 ua 8 th uwou C rl• v 13a�2-o Soo t X470 0 zC ° m a SPA "s °. °�'�@.°g R 3S S d o 4 30 = z`S 'r'-f `" ° ° T 3 '°' .° E' eg •ao��3° Rm z $° S o oS a fR 4 RzR F o °# RR ° yy F °nR mmmi $ a °R us R: 903'nac�i g $ A w $ o zo a dFg o03 ^e�� 0 gn 2 g^ e R T 3 o S i '�oS � -• 4 0 F] '�' 1 Ix ? ; S u u m 9 u u F n u n u u A u t A A t A _ 8 8 = o o $ 0 0 0 0000ONA10 oo00 °$w S o � o 1r1 In mm om mmr.1 mmm"' °JSb g g 2 4 ZzZ2'z222zz ZjJg oo1�:� e 0 0 0 0o oo aro 000000 g$ np o =Sa g m N N VI NNUI VI NNNVI VI VIVIN mZ � �QI}�OZ m n 00 o16CmflmmfA ZC °aso a Ci S u N^ o e S rn z m F; of it aas g Z� _ ° z 0 a Ccc x x im � s~M ; o z �] z J z ��:a_R a �� N s� z yam_ AO g Imm gggg o-Lo valK zc _YA"1 � °i� salmi r -_r -oc ° � 8 `�� S u 0 I.. 3' ° -- ss b i"°. ° m ° a A �m'dn ��cAmioo AY.mY�v- --10 e�7 o b•' .°°. N4�C B o P o >n> a m m Nij A m mYz r'a $ ia2 Yew i i o i u z to 9 8 of F y » 0 O m w e Part of the hrat, earthy that this sun. DIM n GATE REVISION DESGNED W SYY H a ka n S o n rsaan .a ,reRan9 .y at w unar y DRAWN I Y SYY = Certificate of Survey NEi /4 of SIR /4 .0 of that1 wady llan.e. f'.aleulad Lan° Sun yr una MEC W CRC 01. bw. al IAe Slot. of YM.eo1a. �N for — of Sec. 22, T.32, R.24 Anderson �•�� _ .,D Chris Hynes Anoka County, an95a..a. 5601 1 ,Mon Amu.. Anoka. Minnesota 5550] a°x•e R. ChrblopNr.on, (ATE °a /29 /ta Minnesota )B5 12)- 58•�ha -G -42> -0520 MN lkra Mw M2Y Dal. O7L?nLli FILS N0. 0.10.01 on'. IW WIWI M10F161I1 IIIC + 11!1� 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: David L. Carlberg, Community Development Director SUBJECT: PUBLIC HEARING: Conditional Use Permit (15 -02) for a Liquor License for the Property Located at 13753 Ibis Street NW as Requested by Sam Leon DATE: May 12, 2015 INTRODUCTION The applicant is requesting a Conditional Use Permit (CUP) for a Liquor License to allow for on -site liquor sales for a new restaurant to be built on the property located at 13753 Ibis Street NW. DISCUSSION The applicant is in the process of purchasing the lot, legally described as Lot 2, Block 1, Andover Station North 2 "d Addition from the Andover Economic Development Authority (EDA) for the purposes of building a new restaurant with on -sale liquor. Applicable Ordinances City Code 12 -12 requires a CUP for a liquor license for on -sale liquor sales as required by City Code 3 -1. City Code 3 -1 requires a restaurant to have facilities to seat at least one hundred (100) guests at one time to get a license. This code also requires the owner to make a bona fide effort and continuing obligation to have at least 50% of the gross receipts attributable to the sale of food. City Code 12 -5 -6 B provides for the following criteria for the issuance of a Conditional Use Permit. 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. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Staff Recommendation Staff recommends the approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. ACTION REQUESTED The Planning and Zoning Commission is asked to hold a public hearing and to make a recommendation to the City Council. Attachments Resolution Location Map Respectfully submitted, a4 Y, (le David L. Carlberg Cc: Sam Leon, 2021 Broadway Street North, Stillwater, Minnesota, 55082 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A LIQUOR LICENSE FOR ON -SALE LIQUOR AT 13753 IBIS STREET NW AS REQUESTED BY SAM LEON, LEGALLY DESCRIBED AS FOLLOWS: Lot 2, Block 1, Andover Station North 2 "d Addition, Anoka County, Minnesota WHEREAS, Sam Leon has requested a Conditional Use Permit for on sale liquor; and WHEREAS, the Planning and Zoning Commission finds the use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said amendment; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby approves the Conditional Use Permit for on -sale liquor sales on said property subject to the following conditions: 1. The applicant shall obtain a liquor license from the City Council. 2. The Conditional Use Permit shall be valid for obtaining one liquor license for the specified property. 3. The Conditional Use Permit shall be subject to a sunset clause per Section 12 -14 -6 D of the City Code. Adopted by the City Council of the City of Andover this I 91 day of May, 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor 3 C 1 I. '�'lI _ Map 4'41 t Mir F. _..ar Y p. ♦" _ - ". ♦ IF • P ~ _ �isargra_.•r,� - " : ;.��.. a _, � ll'tt zi o - f - .aoiY' u:zY • •. r 71 1.1 A i li9l � � 1 ltl' lti9 rt LOTS Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and N are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county• state and federal resources. Copyright m 2013 City of Andover, All Rights Reserved a Printed 04/27/2015 r 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Stephanie L. Hanson, City Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit for the Placement of a Pole Mounted Capacitor Bank located at Beck's Automotive, 13585 Thrush St NW, as requested by Connexus Energy. DATE: May 12, 2015 DISCUSSION Connexus Energy is proposing to place a pole mounted capacitor bank (transformer) to improve the power factor on North Bunker Lake substation circuit 11. According to the letter submitted by the applicant and attached for your review, during high peak energy uses, such as the constant running of air condition units during the most intensive hot stretches in the summer months, the Andover commercial and residential areas south of Bunker Lake Blvd experience intermittent surges that will cause lights to dim. To remedy the problem, Connexus Energy is proposing to install a 25 foot pole with capacitors. A photo of the pole with the mounted capacitors is attached for your review. The photo of the pole shows utility wires. For this project, there will be no overhead utility wires. The additional capacitors will supply the necessary reactive power needed to stabilize the voltage. Placing the capacitors underground is an option, however underground installation tends to be significantly more expensive and is more difficult to service when needed. Therefore, Connexus Energy is proposing to mount the capacitors on a pole. According to City Code 12 -12, private utility structures and/or uses require a Conditional Use Permit (CUP). The capacitors mounted on the pole are considered a utility structure; therefore a CUP is required for the proposed project. Underground utilities do not require a CUP. City Code 11 -4 -13 is attached for your review. The proposed location for the pole is located in the existing drainage and utility easement at 13585 Thrush St NW. The applicant has also indicated that the pole could be moved further to the south to better conceal the pole from the public right -of -way. Attached are the location map and an aerial of the site. Andover Review Committee City staff reviewed the CUP request. City Code 114-13 requires utilities in new commercial and residential plats to be placed underground. All utilities have been placed underground as part of the Andover Commercial Park plat where this parcel is located. Since there are no existing utility poles within close proximity to the area, staff is recommending utilities continue to be placed underground to eliminate poles in areas in which they are currently nonexistent. Conditional Use Permit Criteria There are criteria the Planning and Zoning Commission and City Council must consider when reviewing CUP's. City Code 12 -14 -6B provides the following criteria for granting CUP's: 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. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Planning and Zoning Commission Review The Planning and Zoning Commission will need to consider whether the proposed use is acceptable based on the conditional use permit criteria listed above, whether conditions are necessary, or whether the proposed use cannot be made to meet the conditional use permit criteria. ACTION REQUESTED The Commission is asked to hold a public hearing, review application and make a recommendation to the City Council. approval with recommended staff conditions. Attachments: Resolutions for Denial and Approval Location Map Letter from Applicant Site Location Aerial of Site Photos of Pole Mounted Capacitor Bank City Code 12 -12 Land Use Table City Code 11 -4 -13, Public and Regulated Private Utilities Respectfully Submitt , Stephanie L. Hanson the proposed conditional use permit Attached are resolutions for denial and Cc: David Zieglmeier, Connexus Energy, 14601 Ramsey Blvd, Ramsey, MN 55303 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RXXX -XX A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A POLE MOUNTED CAPACITOR BANK AT THE PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 3, Andover Commercial Park WHEREAS, Connexus Energy has requested a conditional use permit for the installation of a pole mounted capacitor bank at the subject property; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 12, 2015; and WHEREAS, the Planning and Zoning Commission considered the criteria for granting the Conditional Use Permit; and WHEREAS, the Planning and Zoning Commission determined all utilities have been placed underground as part of the Andover Commercial Park plat where this parcel is located therefore, placing a pole mounted capacitor bank within the development may have negative impacts on property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission determined the request is not in harmony with the general purpose and intent of the Comprehensive Plan of the City of Andover because the Comprehensive Plan implements Andover City Code; and WHEREAS, the Andover City Code 11 -4 -13, Public and Regulated Private Utilities requires all telephone, cable television, communications equipment, electric, and gas service lines to be placed underground within dedicated public ways or recorded easements; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby denies the conditional use permit for the installation of a pole mounted capacitor bank on said property. Adopted by the City Council of the City of Andover on this 19`h day of May, 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RXXX -XX A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A POLE MOUNTED CAPACITOR BANK AT THE PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 3, Andover Commercial Park WHEREAS, Connexus Energy has requested a conditional use permit for the installation of a pole mounted capacitor bank at the subject property; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 12, 2015; and WHEREAS, the Planning and Zoning Commission finds the request will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit to allow for the installation of a pole mounted capacitor bank on said property with the following condition: 1. Installation of utilities must be in compliance with Andover City Codes. 2. Site shall be restored no later than two (2) weeks after the completion of the project. Adopted by the City Council of the City of Andover on this 19`h day of May, 2015. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor CadG r rC Location Map � A A 93 4� R tP r a ya W R° EU n m y a � O�p� • i � � A � � ,•a „ R � y 1, O� D D D N u R .N ST LSNNINO :• 3 r � � A A • " „r � „ F „ O U i N e C j n WC C 0 Q o J�Vj! N a o a �l a O Or O I1LLLL ZS M071VM5 . U - a) N » » m 2 2 • n „ O C U d a d ry .i n y „ � a u • „ H C 'r 4S17 is 4Sn dql O CHt IS H5 tlH1 15N9gyN1 » E 52 T a a R Sit... Ln O » „ ao ” P Ca R o lP �Ory > L M�dn D «� e Py0 Ems¢ r a C d> Emv° CPOSST!:WN dL' ✓7 MN OA79 NMOISSOtl,J MN a179NM015500 OS CR055TOWN BLVD NW 0 O d C U e o 1$ C '!o m W Q i � s m � D C. U � n r `° » „ D Q �mU -- -Owned by the members we serve - -- Applicant Letter As previously discussed, here is a picture of a capacitor bank and a photoshop of a capacitor bank in the proposed location. We will be able to keep the structure as short as NESC code allows, which is 14.5' between the ground and lowest part of the assembly. The structure will not exceed 25', and will more likely be 22 -23'. This capacitor bank is being proposed to improve power factor on North Bunker Lake substation circuit 11 (NBL11). NEIL it is an entirely underground circuit, serving Target and the businesses near it, as well as, the residential area to the south. Air - conditioners and other motor loads adversely impact the power factor of the circuit and increase line losses. This results in voltage that is more difficult to regulate which can result in dimming lights (when motor loads kick on). A capacitor bank will supply the necessary reactive power that the motor loads require, thus stabilizing voltage and improving line losses. Due to the trees around the pond and the fact that the area will likely not be developed further, the 'cap tree' should be less conspicuous than it would otherwise be. Underground capacitor banks are available, but are significantly more expensive (4 -5 times the cost), harder to work on, and pose a greater hazard (minimal, but greater than overhead). I feel a conditional use permit for an overhead capacitor bank ('cap tree') is the easiest and best solution for everyone. Thanks for helping with this! Jeanne Jeanne Avendt, P.E. Distribution Applications Engineer I Connexus® Energy Phone /Fax: 763.323.4227 1 Cell: 612.356.4199 Jeanne .AvendtC>connexuseneray.com I www.connexusenergy.com - -- Owned by the members we serve - -- 2 0 a 0 30 30 i PYLO SIGN 1 I 30 30 i I I Or-- • CONNE ENERGY 14601 Ramsey Blvd Ramsey, MN 55303 Site Location P. LOT 1 BLOCK 1 il STATION PARKWAY NW EXISTING CURB _— GROUND TRANSFORMER _ ------ - - - - -- - - - - -- — �10.10f V I -- I 1 I I � j PYLON SIGN ° I � I � ; I 1 I I PROPOSED CAP BANK LOCATION 1 i I II LOT 1 WOOD FENCE BLOCK 3 EXISTING DRAINAGE UTILITY EASEMENT I) O J F- I� I ...101 O 'I - I 0 25' 50' I SCALE IN FEET I CONDITIONAL USED PERMIT REQUEST 13585 THRUSH ST NW ANDOVER, MN 55304 DMZ �"IL 4�2 /15 "'`'"` 1" = 50' �'"'° "".15 -120 Q c� G 0 N n N m E v N J L O F N N L - U m J � N D N m 7 y O N °y C L J C O N U C O U C N d J C m > m E T� N N � 7 O C N � � O E io N � c 0 U C O � N N T� C U C d N O N C= vE m o U N m O L O � E U ?; t o a E J � o. o d c L U y �L 2 O. O m v�j Ul L IDI O Q N � L C d j � O O d ZU d mop L C N E O O � C N a 2 m U Photo of Pale Mounted Capacitor Bank City Code 12 -12 Land Use Table Chapter 12 COMMERCIAUIN DUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USESr P- Permitted Use GR- General Recreation PA- Permitted Accessory Use LB- Limited Business C- Conditional Uset su rnononFs VS Nei_ehbod" Business X- Prolubited Use Sc- Shopping Center PUD- Planned Unit Development GB- General Business I- Interim Use I- Industrial If Use Not 5 pecif icall Listed or Provided For Elsewhere in the City Code, It Is Prohibited Permitted, Permitted Accessory, Conditional, Interim and Prohibited Uses Zoning Districts GR LB JNB SC GB I Schools K -12 X X X X X X Post - Secondary Schools C C C C C C Schools exceeding height maximum up to 45 Feet in height X C C C C C Storage Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12 -8 -2 X X C C C C Highway construction materials (temporary processing and storage) in compliance with City Code 12 -16 Mini storage (indoor storage only) X X X X C C Outdoor display, storage, and sales X X C C C C Outdoor display, storage, and sales- during operating hours only X X C C C C Ti r!s - Exterior stung! of a ast! tires X X X X X X Tires - Interior storag! of more than eight (S) waste tires X C C I C C C Toxic waste storage X X X X X X Utilities Private utilities (gas, electric, phone, cable, etc) in Complaince with City Code 8-2 P P P P P P Private utility structures and'or uses (electrical transmission lines, gas i ebncs, etc.) C C C C C C Public utility uses for local service P P P P P P Other Any incidental repair, processing, and storage necessary to conduct a permitted commercial or industrial principal use but not to exceed thirty percent (30 °,6) of the floor area space of the principal building. X PA PA PA PA PA Antennas in excess of thirty -five feet (35') in height in compliance with City Code 9 -12 C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12 -3 -5 C C C C C C Churches X C X C X X Clubs and lodges X X X X P X Continuous operation of a business (footnote 9 & 10) X X P P XIO Xno Excavation (Mining) greater than 400 cubic yards when no building permit has been issued in compliance with City Code 12 -16 1 I I 1 I Golf courses and driving ranges C X X X X X Group Homes as regulated by State Statute X X X X X X Junkyards X X X X X X Land Reclamation in compliance with City Code 12 -16 1 1 1 1 1 I Landfills X X X X X X Manufacturing X X X X P P Marinas C X X X X X Offices X P' P P P P Publicly owned and operated property ex-opt as herein amen' eL' P P P P P P Rtsearch laboratories X X X X P P Sv. imming pools and recreationareasorstri -nnes PA PA PA PA PA PA Uses which may be detri mental to th! h-al th, saFlry, and .. _! far! oFpersons residim_ or working in the vicinity X X I X X X X Vi'hol_sale businesses X X X X P P CIT\( CoDG �I -y_►3 Infrastructure Improvements. (Amended Ord. 10, 2 -15 -1972, Amended 9118/07, Ord. 355) 11 -4 -12: SIDEWALKS AND PEDESTRIANWAYS: Where sidewalks and trails are required by the City Council and pursuant to Minnesota State Statute, they shall be hard surfaced in accordance with city standards. Grades shall be approved by the Engineer. Sidewalks shall be placed in the public right -of -way in a location determined by the City Engineer and shall be a minimum of five feet (5) wide. Regional Trail improvements (8' to 10' in width) are identified in the City's Transportation Plan. If a trail within a plat meets the definition and location of a regional trail, then the City will fund such improvements. If an internal trail is required through the platting process and does not meet the definition and location of a regional trail, then the improvements shall be at the sole expense of the subdivider. (Amended 9/18/07, Ord. 355) (Amended Ord. 10, 2 -15 -1972) N"'7 11 -4 -13: PUBLIC AND REGULATED PRIVATE UTILITIES: (Amended 9/18/07, Ord. 355) A. Underground Utilities: All telephone, cable television, communications equipment, electric and gas service lines shall be placed underground within dedicated public ways or recorded easements in such manner as not to conflict with other underground services and in accordance with city standards. All underground installation of service lines within street rights - of -way shall be completed as determined by the City Engineer. (Amended 9/18/07, Ord. 355) B. Utility Poles: All utility poles, except those providing street lighting, shall be placed in rear lot line easements. C. Easements: All underground utility service lines, including water, drainage and sanitary sewer systems, which traverse private property shall be installed within recorded easements. (Amended Ord. 10, 2- 15 -1972) D. Overhead Utilities: All existing overhead utilities within the plat shall be buried at the expense of the subdivider. (Amended 9/18107, Ord. 355) E. Phased Construction Requirements: As part of any phase of development the City shall have the right to require the dedication of appropriate easements and the construction of streets and utilities to the edge of the development through future phases. Extension of streets and utilities will enable adjacent properties to develop in a timely manner. (Amended 9/18/07, Ord. 355)