HomeMy WebLinkAbout08.12.201685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Andover Planning and Zoning Commission
Meeting Agenda
August 12, 2020
Andover City Hall
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes —July 14, 2020 Regular Meeting
4. Public Hearing: Interim Use Permit — Mining & Land Reclamation — PID# 17-32-24-21-0002,
PID# 17-32-24-12-0004, PID# 17-32-12-0002 — Tony Wesp (Applicant)
5. Other Business
6. Adjournment
Please note:
Some or all members of the Andover Planning & Zoning Commission may participate in the August 12, 2020
meeting by telephone or video conference call rather than by being physically present at the Commission's
regular meeting place at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN 55304.
Members of the public can watch the meeting live on the government access channel, web stream via QCTV.org
or physically attend at Andover City Hall. Please keep in mind that seating in the City Council Chambers is
currently very limited as appropriate social distancing will be practiced by the Commission and visitors. The
public can also participate in the public hearing remotely through the video conference call. A link to the call
will be available on the Planning Department website the day of the meeting.
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Approval of Minutes — July 14, 2020 Regular Meeting Minutes
DATE: August 12, 2020
REQUEST
The Planning and Zoning Commission is requested to approve the July 14, 2020 regular meeting
minutes.
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7
8 PLANNINGAND ZONING COMMISSIONMEETING —JULY 14, 2020
9
10 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
11 called to order by Chairperson Bert Koehler IV on July 14, 2020, 7:00 p.m., at the Andover
12 City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
13
14 Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein (remote),
15 Mary VanderLaan, Marni Elias, and Dawn Perra (remote)
16
17 Commissioners absent: None
18
19 Also present: City Planner Peter Hellegers
20 Associate Planner Jake Griffiths
21 Others
22
23
24 PLEDGE OFALLEGIANCE
25
26 APPROVAL OFMINUTES
27
28 May 12, 2020 Regular Meeting
29
30 Motion by Hudson, seconded by Godfrey, to approve the May 12, 2020 Regular Meeting
31 minutes as presented. Motion was taken by roll call:
32 Perra- aye
33 Godfrey - aye
34 Elias - aye
35 VanderLaan - aye
36 Hudson - aye
37 Loehlein - aye
38 Koehler - aye
39 Motion carried unanimously.
40
41 PUBLIC HEARING: Amendment to City Code Title 12, Chapter 2: Rules and
42 Definitions and City Code Title 12, Chapter 12: Commercial/Industrial Permitted,
43 Permitted Accessory, Conditional, Interim and Prohibited Uses - City of Andover
44 (Applicant)
45
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 14, 2020
Page 2
I Associate Planner Griffiths explained the current City Code defines contractor shops and
2 storage yards as a manufacturing use which is only permitted in General Business and
3 Industrial zoning districts. He stated staff was approached by a local business owner
4 interested in operating a landscaping and tree trimming business out of a property within a
5 Neighborhood Business district. Since landscaping businesses are classified as
6 manufacturing by the City Code, the use is currently prohibited within the Neighborhood
7 Business district. Mr. Griffiths stated the business owner would have to find a location
8 within an existing General Business or Industrial district or the City Code would need to
9 be amended.
10
I Mr. Griffiths identified the location where the business owner would like to purchase
12 property. He explained staff brought this item to Council on June 23, 2020 and the Council
13 expressed support to amend the City Code to allow for contractor shops and storage yards
14 as a conditional use within Rural Neighborhood Business Districts.
15
16 Mr. Griffiths gave examples of contractor shops and yards. He stated that Neighborhood
17 Business Districts are meant for retail sales and services and are small plots close to
18 residential areas and arterial roads. Mr. Griffiths presented the proposed amendment to the
19 Ordinance and explained the Conditional Use Permit Process to allow this type of usage.
20
21 Chairperson Koehler asked what areas would be notified of the proposed usage. Mr.
22 Griffiths showed the Commission the approximate area that would be notified, a 700 -foot
23 radius. Chairperson Koehler asked if the Commission could place conditions on the
24 location of storage on the property. Mr. Griffiths stated there may be restrictions based on
25 the layout of the property and the Commission can make reasonable recommendations.
26
27 Chairperson Koehler stated his main reason for the question is to protect neighbors from
28 nuisances adjacent to their property. Mr. Griffiths responded the Commission can place
29 conditions requiring screening.
30
31 Commissioner VanderLaan asked if the business owner was looking at a particular
32 property that Mr. Griffiths identified or some other location. Mr. Griffiths responded that
33 the City and business owner were having conversations about possible locations and the
34 exact location will be determined by the business owner. Commissioner VanderLaan
35 commented that rarely does a city change an ordinance for one business but she sees the
36 rationale that allows for this type of usage.
37
38 Motion by Godfrey, seconded by Hudson, to open the public hearing at 7:13 p.m.
39 Motion was taken by roll call:
40 Perra- aye
41 Godfrey - aye
42 Elias - aye
43 VanderLaan - aye
44 Hudson - aye
45 Loehlein - aye
Regular Andover Planning and Zoning Commission Meeting
Minutes – July 14, 2020
Page 3
1 Koehler - aye
2 Motion carried unanimously.
3
4 There was no public input.
5
6 Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:14 p.m. Motion
7 was taken by roll call:
8 Pena- aye
9 Godfrey - aye
10 Elias - aye
11 VanderLaan - aye
12 Hudson - aye
13 Loehlein - aye
14 Koehler - aye
15 Motion carried unanimously.
16
17 Commissioner Godfrey asked Mr. Griffiths if the City has received any comments from
18 the public by emails, phone calls, or letters. Mr. Griffiths stated the City has received no
19 comments.
20
21 Chairperson Koehler stated he expressed his concerns earlier which were to protect the
22 neighbors and provide adequate screening. He stated the Conditional Use Permit stays
23 with the land and asked Mr. Griffiths what would happen if the owners were to sell the
24 business or land. Mr. Griffiths stated the CUP goes with the property, regardless of owner,
25 and can only be revoked if the conditions are not adhered to.
26
27 Motion by Godfrey, seconded by Elias, to recommend to the City Council Approval of
28 Ordinance # Amending City Code Title 12, Chapter 2: Rules and Definitions and
29 City Code Title 12, Chapter 12: Commercial/Industrial Permitted, Permitted Accessory,
30 Conditional, Interim and Prohibited Uses. Motion was taken by roll call:
31 Perra- aye
32 Godfrey - aye
33 Elias - aye
34 VanderLaan - aye
35 Hudson - aye
36 Loehlein - aye
37 Koehler - aye
38 Motion carried unanimously.
39
40 Mr. Griffiths announced the recommendation will be on the City Council's agenda on
41 Tuesday, July 21, 2020.
42
43 PUBLIC HEARING: —Amendment to City Code Title 12, Chapter 7: Fences and Walls
44 - City of Andover (Applicant)
45
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 14, 2020
Page 4
1 City Planner Hellegers referred to supplemental items given to the Commission at the
2 meeting. Mr. Hellegers stated the City has been working with a property owner on their
3 Commercial Site Plan and the owner asked about installing a six-foot fence in the front of
4 the business to screen the property instead of relying solely on landscaping. Mr. Hellegers
5 explained the current City Code which limits fence height to four feet in height if it is
6 'closer to the front property line than the principal structure..." (located in the front yard).
7 Staff presented the request to the City Council and they directed staff to draft the
8 amendment and bring it forward to the Planning Commission for consideration.
9
10 Mr. Hellegers reviewed the proposed City Code amendment allowing fences in the front
11 yard of the Hughs-Westview Industrial Park to be up to six feet in height through the
12 Commercial Site Plan process provided that the fence is used to screen an approved use of
13 the property and that landscaping is used to break up the mass of the fence line. He
14 explained the amendment would also state that barbed wire and electric fences shall not be
15 used on residential lots except for containing farm animals and that barbed wire may be
16 used around utility and substation sites.
17
18 Commissioner Elias stated she is concerned about privacy fences obstructing views and
19 not allowing police or code enforcement a visual of what is happening on the property.
20 She asked if the fences were going to be privacy fences or staggered. Mr. Hellegers stated
21 the intent of the ordinance is to provide a visual block from the street so there will not be a
22 sight line. Commissioner Elias asked if there were complaints from the neighborhood. Mr.
23 Hellegers stated this is a requirement of the business owner to meet City Code and not as
24 a result of specific complaints.
25
26 Commissioner Godfrey asked for clarifications on definitions. She asked if barbed wire is
27 a term that includes razor wire. Mr. Hellegers stated barbed wire and razor wire are used
28 interchangeably. Commissioner Godfrey asked if electric fences meant electrified, as in
29 power going through them, or an electrically operated gate. Mr. Hellegers responded
30 electric fences refers to electricity running through the fence and not to the operation of a
31 gate.
32
33 Commissioner Loehlein asked for clarification if the ordinance applies to a subset within
34 the Hughs-Westview Industrial Park or the entire Industrial Park. Mr. Hellegers responded
35 the ordinance applies to the entire Hughs-Westview Industrial Park.
36
37 Chairperson Koehler asked if staff talked to the Anoka County Sheriff's Department to get
38 their input on the code change. Mr. Hellegers stated staff did not.
39
40 Motion by VanderLaan, seconded by Elias, to open the public hearing at 7:29 p.m. Motion
41 was taken by roll call:
42 Perra- aye
43 Godfrey - aye
44 Elias - aye
45 VanderLaan - aye
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 14, 2020
Page 5
1 Hudson - aye
2 Loehlein - aye
3 Koehler - aye
4 Motion carried unanimously.
5
6 There was no public input.
7
8 Motion by Hudson, seconded by Godfrey, to close the public hearing at 7:30 p.m. Motion
9 was taken by roll call:
10 Perra- aye
11 Godfrey - aye
12 Elias - aye
13 VanderLaan - aye
14 Hudson - aye
15 Loehlein - aye
16 Koehler - aye
17 Motion carried unanimously.
18
19 Commissioner Godfrey asked Mr. Hellegers to clarify that any property within the
20 proposed ordinance would have to go through the site plan approval process where any
21 provisions for security would be discussed. Mr. Hellegers responded it is a requirement to
22 go through the Commercial Site Plan process.
23
24 Chairperson Koehler asked staff to place a definition for barbed wire in the code and ensure
25 it includes razor wire. Chairperson Koehler asked staff to talk to the Sheriff for their input
26 on privacy fencing and screening prior to going to Council. Associate Planner Griffiths
27 stated Council has established ordinances related to residential properties for outdoor
28 storage and installing a 6 -foot privacy fence is a way to comply. Chairperson Koehler
29 stated he would still like the Sheriff consulted because it concerns security. Commissioner
30 Elias stated she has experience in another city where illegal activity was occurring behind
31 a 6 -foot privacy fence which made it difficult for law enforcement and code enforcement
32 to determine what was occurring. Mr. Hellegers stated there can be away to build insight
33 lines when laying out the site plan.
34
35 Commissioner Loehlein stated a lot of the businesses in the Hughs-Westview Industrial
36 area face each other so he does not see why the fence needs to be 6 feet.
37
38 Commissioner Perra asked why the business owner prefers a fence over landscaping. Mr.
39 Hellegers stated this gives them more options and a better way of screening the business.
4o He stated the City allows 6 -foot fences around the other parts of the property.
41
42 Motion by VanderLaan, seconded by Godfrey, to recommend to the City Council Approval
43 of Ordinance # Amending City Code Title 12, Chapter 7: Fences and Walls. Motion
44 was taken by roll call:
45 Perra- aye
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 14, 2020
Page 6
I Godfrey - aye
2 Elias - nay
3 VanderLaan - aye
4 Hudson - aye
5 Loehlein - nay
6 Koehler - aye
7 Motion carries 5 ayes, 2 nays (Elias and Loehlein)
8
9 Mr. Hellegers stated this item will go before Council on July 21, 2020.
10
11 OTHER BUSINESS
12
13 City Planner Hellegers presented the Code Enforcement report to the Commission and
14 updated Code Amendments approved by Council. Mr. Hellegers stated the Commission
15 will meet on August 11, 2020 which is the primary election day. He stated the options are
16 to move the meeting to 8:00 p.m. or change the date. The Commission asked staff to present
17 two options via email and choose the date where the majority of Commissioners are
18 available.
19
20 ADJOURNMENT
21
22 Motion by Hudson, seconded by Godfrey, to adjourn the meeting at 7:46 p.m. Motion was
23 taken by roll call:
24 Perra- aye
25 Godfrey - aye
26 Elias - aye
27 VanderLaan - aye
28 Hudson - aye
29 Loehlein - aye
30 Koehler - aye
31 Motion carried unanimously.
32
33 Respectfully Submitted,
34
35 Shari Kunza, Recording Secretary
36 TimeSaver Off Site Secretarial, Inc.
191, •
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commission
CC: Joe Janish, Community Development Director q9
FROM: Jake Griffiths, Associate Planner
SUBJECT: Public Hearing: Interim Use Permit — Mining & Land Reclamation — PID# 17-
32-24-21-0002, PID# 17-32-24-12-0004, PID# 17-32-24-12-0002—Tony Wesp
(Applicant)
DATE: August 12, 2020
INTRODUCTION
The applicant currently owns three different unaddressed properties located west of Tulip St NW
encompassed by floodplain. As a result, these properties currently have limited potential for
anything other than agricultural purposes. In an effort to get the highest and best use out of the
property, the applicant has been working with the Engineering Department on ways that a
dwelling could be constructed on the property.
DISCUSSION
The applicant is proposing to excavate approximately 8,500 cubic yards of "fill" from the
floodplain within the property, and relocate that fill to three different locations along Tulip St
NW. The end result of the mining and land reclamation will be the creation of three areas of
usable upland, one of which could be suitable for construction of a dwelling in the future. The
mining of fill on the property will create a pond that will provide on-site mitigation for filling
part of the floodplain.
Since the applicant is proposing to excavate and relocate more than 400 cubic yards of fill, an
Interim Use Permit (IUP) is required.
Silt Fencing and Vegetation
Silt fencing will be required around the land reclamation area until vegetation has occurred to
control any erosion. The applicant will be required to ensure proper vegetation area.
Haul Route
No haul route is required as all fill will come from within the property.
Coordination with other Agencies
The applicant is responsible to obtain all appropriate and necessary permits (such as but not
limited to the Lower Rum River Watershed Management Organization, etc.) The applicant has
already been working with the City Engineering Department on this item.
Interim Use Permit Standards
The Planning and Zoning Commission shall recommend an interim use permit and the Council
shall issue such interim use permit only if it finds that such use at the proposed location:
Will not create an excess burden on parks, streets, and other public facilities;
The excavation and land reclamation will not create an excess burden on parks or other public
facilities. Since all fill is comingfrom within the site no use of the surrounding roadways is
required. There are no parks or other public facilities in the vicinity that could be impacted.
Will not be injurious to the surrounding neighborhood or otherwise harm the public health,
safety, and general welfare;
The applicant is proposing to mitigate any impacts to the floodplain on-site through the creation
of ponding. The applicant shall establish vegetation and ensure proper erosion control to the
satisfaction of the City Engineer. The applicant is required to observe all noise and similar
regulations during operation.
Will not have a negative effect on the values of property and scenic views;
The Interim Use Permit will afford the applicant the opportunity to construct a dwelling on the
property in the future which would only have a positive impact on the values of property. Scenic
views will not be impacted by the proposed interim use permit.
Will not impose additional unreasonable costs on the public;
The applicant is required to obtain all necessary permits. Any material that falls outside of the
property line or right-of-way is the responsibility of the applicant to remove.
Will be subjected to, by agreement with the owner, any conditions that the City Council has
deemed appropriate for the permission of the use, including a condition that the owner may be
required to provide appropriate financial surety to cover the cost of removing the interim use and
any interim structures upon the expiration of the interim use period.
ACTION REQUESTED
The Planning and Zoning Commission is asked to hold a public hearing and make a
recommendation to the City Council regarding the interim use permit request.
Res tfully s bm' ed,
ake tffi
Associate Planner
Attachments
Resolution
Site Location Map
Proposed Grading Plan (Currently Under Review)
Applicant's Letter
Cc: Tony Wesp, 17619 Tulip St NW, Andover, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND
RECLAMATION AT PID# 17-32-24-21-0002, PID# 17-32-24-12-0004, PID# 17-32-24-12-
0002, LEGALLY DESCRIBED AS:
NE 1/4 OF NW 1/4 OF SEC 17 TWP 32 RGE 24 TOG/WTH THAT PRT OF NW 1/4 OF NE
1/4 OF SD SEC LYG SLY OF N 673.18 FT THEREOF & LYG WLY OF WLY R/W LINE OF
TULIP ST, EX RD, SUBJ TO EASE OF REC
WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation
of up to 10,000 cubic yards of soil; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on August 12, 2020;
and,
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the interim use permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the interim use permit to allow for the mining and land reclamation of up to 10,000
cubic yards of soil on said property with the following conditions:
1. Soil shall not be placed in wetland areas or floodplain areas without the proper
approvals and mitigation approvals.
2. Silt fencing shall be installed and maintained around the exterior of the stockpile and
vegetation must be established.
3. All material shall be utilized in compliance with the City requirements.
4. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on
maintained areas.
5. The applicant will be required to seed and hydro mulch the stockpile/land reclamation
area and ensure proper vegetation.
6. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of-
way unless approved by the City Engineer.
7. The applicant shall be responsible for the cleaning of material (soil, sand, etc) from
the public roadways as needed (may require multiple times a day) a minimum of
daily.
8. All appropriate permits shall be obtained. Including obtaining an approved grading
plan from the City Engineering Department.
9. Any future mining or land reclamation with fill in excess of 400 cubic yards shall
require a new IUP.
10. Permit shall expire on November 1, 2021.
Adopted by the City Council of the City of Andover on this _ day of '2020.
CITY OF ANDOVER
ATTEST:
Michelle Harmer, Deputy City Clerk
Julie Trude, Mayor
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6/24/20
Wesp Property IUP Letter
16400 Tulip St. NW Andover, MN 55304
To whom it may concern:
The purpose of this letter is to summarize information required in the City of Andover's Interim Use
Permit (IUP) application. This letter is intended to be read in conjunction with the IUP.
1. Proposed hours of operation
a. Hours of operation would be between 7:30am and 8:OOpm Monday through Friday and
8:30am through S:OOpm Saturday through Sunday— not to be everyday necessarily, but
when work is required to be completed.
2. Proposed stockpile slopes of 3:1 ratio
3. Proposed expiration date of IUP
a. Proposed expiration date of May 2021
i. Ideally the project will be completed by November 1, 2020 but leaving open
until May 2021 in case of setbacks/weather delays
4. Haul Routes (not to or from but within site)
a. See page 2 for haul routes within property
i. Will not impact Tulip St. as material will stay onsite.
ii. Trucks will only be entering when arrive and leaving at end of day (if at all).
5. Other Details
a. All improvements outlined in the constructed grading plan prepared by Wenck and
being approved by Lower Rum River WMO in addition to the City of Andover.
b. Lack of wetlands approved (being approved) by Lower Rum River WMO. No impacts to
wetlands as a result of IUP.
c. No fill will leave the property—just moving from excavated pond to another location on
the property.
d. We will apply for an SWPPP and NPDES permit before commencing construction.
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