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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
September 27, 2022
Andover City Hall
Council Chambers
BIII �
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — August 10, 2022 Regular Meeting
4. Public Hearing_ Interim Use Permit — Mining & Land Reclamation — Fields of Winslow
Cove, Outlot A — PID# 24-32-24-32-0052
5. Other Business
6. Adjournment
City Hall Parking Lot Reconstruction:
The City Hall parking lot is currently closed due to construction. If you plan on attending
the Planning & Zoning Commission meeting, temporary parking is available at the
Community Center in the south-east corner of the parking lot. For further details on access
and parking, please visit the City of Andover website at www.andovermn.gov.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Jake Griffiths, Associate Planner
SUBJECT: Approval of Minutes
DATE: September 21, 2022
ACTION REQUESTED
The Planning and Zoning Commission is requested to approve the August 10, 2022 Planning &
Zoning Commission meeting minutes.
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PLANNING AND ZONING COMMISSION REGULAR MEETING
AUGUST 10, 2022
The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Karen Godfrey on August 10, 2022, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Mary VanderLaan, Bert Koehler IV, Nick Loehlein, Scott
Hudson, and Wes Volkenant
Commissioners absent: Jonathan Shafto
Also present: Community Development Director Joe Janish
Associate Planner Jake Griffiths
Others
PLEDGE OFALLEGIANCE
APPROVAL OFMINUTES
July 26, 2022 Regular Meeting
Mr. Griffiths requested the following changes to the minutes:
• Page 5, Line 33 — VanderLaan voted nay; Godfrey voted aye.
• Page 7, Line 37-38; delete complete sentence and replace with "Commissioner
Loehlein stated development in the M-3 District is a hypothetical at this time and
had concerns about having staff go through the motions of another text
amendment."
Motion: by Loehlein, seconded by Koehler, to approve the July 26, 2022 Regular Meeting
minutes as amended. Motion carries unanimously.
Regular Andover Planning and Zoning Commission Meeting
Minutes —August 10, 2022
Page 2
1
2 PUBLIC HEARING: CONDITIONAL USE PERMIT (CUPA) — INCREASE
3 CAPACITY OF BULK FUEL STORAGE TANKS — PID# 35-32-24-32-0001 WOLD
4 ARCHITECTS AND ENGINEERS (APPLICANT)
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6 The Planning & Zoning Commission is requested to hold a public hearing and make a
7 recommendation to the City Council on a CUPA request for a bulk fuel storage tank on
8 behalf of Anoka County. Associate Planner Griffiths identified the location of the property
9 and stated it is home to several Anoka County Departments. Mr. Griffiths noted there is an
10 existing tank and this one is being requested due to a new building being constructed. Mr.
11 Griffiths stated the Fire Department has reviewed the plan and are comfortable with it. He
12 indicated the County would also need approval from the MPCA and follow State
13 regulations.
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15 Commissioner Loehlein noted the original permit was a Special Use Permit and the one
16 before the Commission is a Conditional Use Permit Amendment. Commissioner Loehlein
17 asked if the CUP stays with the property if the property is sold. Mr. Griffiths stated Special
18 Use Permits are old terminology and the CUP is new terminology. He stated the CUP runs
19 with the land and not the owner.
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21 Commissioner Koehler stated the original agreement included landscaping/screening and
22 training for employees. He asked why those two items weren't included in the CUPA. Mr.
23 Griffiths explained the original permit was for an above ground tank and the new one will
24 be underground. Mr. Griffiths stated the building will provide screening. Mr. Griffiths
25 stated the Fire Department reviewed the plan and did not feel training was necessary. Mr.
26 Griffiths noted the tank will be enclosed by 8 -foot barbed wire fencing.
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28 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:12 p.m.
29 The motion carried by unanimous consent.
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31 No one came before the Commission.
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33 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:13 p.m.
34 The motion carried by unanimous consent.
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36 Motion: by Koehler, seconded by Hudson, to recommend approval of a Conditional Use
37 Permit Amendment for an additional underground 15,000 -gallon liquid fuel storage tank
38 located at PID#35-32-24-32-0001.
39
Regular Andover Planning and Zoning Commission Meeting
Minutes —August 10, 2022
Page 3
1 Chairperson Godfrey commented on how residents would be assured of appropriate
2 prevention and detection of any leaks and impacts to ground water. She determined safety
3 is not a concern at this time due to the Fire Department's approval and the regulations
4 required for the tank.
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6 Motion carries 6 ayes, 1 absent (Shafto).
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8 OTHER BUSINESS
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to Mr. Griffiths stated the City is going to redo the City Hall parking lot and will be closing
11 the access point on Crosstown Blvd NW. Access will be through the Community Center
12 lot. Mr. Griffiths noted the City's efforts at communicating the project.
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14 Mr. Griffiths updated the Commission on actions of the Council regarding Planning items
15 and upcoming items. He announced there will not be a second meeting in August. Mr.
16 Griffiths stated the Comp Plan Amendment has been submitted to the Met Council for
17 review.
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19 Commissioner Koehler asked if there was a date when the Comp Plan will be through the
20 Met Council. Mr. Griffiths explained the completeness review will end on August 25 and
21 then they have the 60 days to review the Comp Plan.
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23 Chairperson Godfrey stated she received a comment from a resident on why the video from
24 the last City Council meeting has not been posted.
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26 ADJOURNMENT
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28 Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 7:15 p.m.
29 Motion carried by unanimous consent.
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32 Respectfully Submitted,
33
34 Shari Kunza, Recording Secretary
35 TimeSaver Off Site Secretarial, Inc.
NDOVE
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
COPY: Joe Janish, Community Development Director
FROM: Peter Hellegers, City Planner
SUBJECT: Public Hearing: Interim Use Permit (NP) — Mining and Land Reclamation — PID#: 24-
32-24-32-0052 — Fields of Winslow Cove, Outlot A — US Home, LLC (Applicant)
DATE: September 27, 2022
City Code 12-11 requires an Interim Use Permit (IUP) for mining and land reclamation in excess of 400
cubic yards. The applicant is requesting an Interim Use Permit (IUP) for a 10,000 cubic yard stockpile of
fill that would be located on Outlot A and would be removed by November of 2024. This temporary
stockpile would primarily be utilized by the builder for final grading of homesites within the first phase of
the development but might also be utilized for other areas of the Fields of Winslow Cove development.
On September 7, 2021, a preliminary plat and grading plan were approved for the Fields of Winslow
Cove residential development and a Final Plat of the first phase of the development was approved on
March 1, 2022.
Since the applicant is proposing land reclamation in excess of 400 cubic yards, an IUP is required
pursuant to City Code 12-13-1 and 12-13-2. A copy of the draft grading plan for the proposed stockpile is
attached for your review, as well as staff comments for Review #1 of the draft grading plan. The applicant
will be required to respond to and address each of the comments prior to beginning work on the stockpile.
Staff is proposing an expiration date of October 4, 2025 (3 -years from approval). The longest amount of
time an IUP can be granted for under City Code 12-15-8-E is 5 years. If at that time the applicant would
like the stockpile to remain on the property, they would need to apply for a new IUP and obtain City
Council approval. Staff is also proposing 50% flexibility on the amount of fill that can be contained in the
stockpile in case adjustments to the grading plan are required during construction. These adjustments
would need to be approved by the City Engineer.
If the Commission determines that restrictions greater than what is currently required by City Code and
State Statute is needed, they may recommend those conditions to the City Council as part of the IUP.
One of the typical conditions that is included on conditional use permits is a Sunset Clause, as defined in
Ordinance No. 8, Section 5.03 (D) which states that if substantial progress is not made within one year
from approval, the City Council may revoke the NP.
Type of Fill Permitted
The stockpile will be comprised of excess material from the grading of the Fields of Winslow Cove
residential development. No additional fill from off-site will be permitted in the stockpile.
Haul Route
No haul route is required within the first phase (northeasterly part) of the development, as all material will
be transported within the site. There may be some hauling across Prairie Road to the west side of the
development if there is need for the stockpile material. As the development is completed, it is expected
that use of the local roadways through the development will occur in order to access and remove material
from the stockpile. The applicant will be required to remove any material that accumulates during
ancillary use of the local roadways. Streets adjacent to the stockpile shall be swept clean, daily, if
necessary, as hauling occurs.
Erosion Control
Silt fencing will be required around the stockpile at all times to control any erosion. The applicant will be
required to ensure proper vegetation (seeded/sodded) across the stockpile within 7 days of inactivity.
Coordination with other Agencies
The applicant is responsible to obtain all appropriate and necessary permits (such as but not limited to the
Coon Creek Watershed District, etc.).
REVIEW CRITERIA
Interim Use Permit Standards
City Code 12-15-81) provides the following general review criteria to consider when granting an IUP. In
granting an Interim Use Permit, the City Council shall consider the recommendation of the Planning and
Zoning Commission and:
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:
1. 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 coming from 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.
2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety,
and general welfare;
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 type regulations
during operation.
3. Will not have a negative effect on the values of property and scenic views;
The stockpile will be temporary and will be utilized in order to facilitate future development of
the site more easily. It is not anticipated that the stockpile will have a negative effect on the
values of property or scenic views.
4. 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. If the stockpile
remains past the expiration date of the IUP, the applicant will need to seek a new IUP or remove
the stockpile from the property at their cost.
5. 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 permit.
ACTION REQUESTED
The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation
to the City Council regarding the interim use permit request.
Respeotfully S bmitted,
Peer He Aegers
City Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Location Map
Review #1 Staff Comments
Applicant Letter
Exhibit A — Proposed Grading Plan and Haul Route
Copy: Drew Hageman, US Home LLC, 16305 36' Avenue N., Suite 600, Plymouth, MN 55446
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# 24-32-24-32-0052, LEGALLY DESCRIBED AS:
Outlot A, Fields of Winslow Cove
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 October 4, 2022;
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 15,000
cubic yards of soil on said property with the following conditions:
1. The proposed stockpile shall follow the attached Exhibit A.
2. Applicant shall address all staff comments related to the Interim Use Permit and all
applicable permits to the satisfaction of the City.
3. No grading/stockpiles shall occur within 25 feet of adjacent property lines or right-of-
way unless approved by the City Engineer.
4. Soil shall not be placed within wetland, floodplain, or right-of-way areas without first
obtaining any required approvals and completing any required mitigation.
5. The stockpile shall only be comprised of excess material from the Fields of Winslow
Cove plat boundary and areas encompassed within the Fields of Winslow Cove
Planned Unit Development area.
6. Silt fencing and any other erosion control measures as deemed necessary by the City
Engineer shall be installed and maintained around the exterior of the stockpile.
7. Hours of operation shall be restricted to the normal construction hours as regulated by
City Code 5-6-3.
8. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on
maintained areas.
9. The applicant will be required to seed and hydro mulch the stockpile/land reclamation
area and ensure proper vegetation to the satisfaction of the City Engineer within
seven days of inactivity.
10. 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.
11. All appropriate permits shall be obtained from any agency that may have an interest
in the site including but not limited to NPDES, Coon Creek Watershed District,
Minnesota Pollution Control Agency, and obtaining an approved grading plan from
the City Engineering Department.
12. All material shall be utilized in compliance with the City requirements.
13. Any future mining or land reclamation with fill in excess of 400 cubic yards shall
require a new IUP.
14. Permit shall expire on October 4, 2025.
Adopted by the City Council of the City of Andover on this 4th day of October 2022.
CITY OF ANDOVER
ATTEST: Sheri Bukkila, Mayor
Michelle Harmer, Deputy City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING AN INTERIM USE PERMIT FOR MINING AND LAND
RECLAMATION AT PID# 24-32-24-32-0052, LEGALLY DESCRIBED AS:
Outlot A, Fields of Winslow Cove
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 October 4, 2022;
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.
WHEREAS, the City Council of the City of Andover disagrees with the Planning and Zoning
Commission, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the conditional use permit request; for the following reasons:
1.
2.
3.
Adopted by the City Council of the City of Andover on this day of 2022.
CITY OF ANDOVER
ATTEST:
Michelle Harmer, Deputy City Clerk
Sheri Bukkila, Mayor
NT I a r
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
MEMORANDUM
TO: Joe Janish, Community Development Director
FROM: David Berkowitz, Director of Public Works/City EngineerD65
Jason Law, Assistant City Engineer
DATE: September 12, 2022
REFERENCE: Fields of Winslow Cove / IUP / Review #1
The following comments are regarding Review 41 of the IUP:
1. Soil stockpile shall be seeded / vegetated within 7 days of final placement.
2. Silt fence shall be maintained around the stockpile at all times (currently shown in plans).
3. Streets adjacent to stockpile shall be swept clean, daily if necessary, as hauling occurs.
Note: It is a requirement that the Developer respond to each of these items in writing (pet digital copy from City
and type responses below original comment) when re -submitting the revised plat to the City. If you have any
questions, feel free to contact David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133 or
Jason Law, Assistant City Engineer at (763) 767-5130.
L E N N A I° RECEIVED
AUG 2 4 2022
CITY OF ANDOVER
August 24, 2022
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
RE: US Home LLC Interim Use Permit Application — Fields of Winslow Cove Outlot A
U.S. Home, LLC is requesting an IUP for stockpile of topsoil material on Outlot A of Fields of
Winslow Cove for use by the Lennar construction team during final lot grading as homes are
built within the development.
The quantity of material to be stockpiled will not exceed 10,000 cubic yards. Enclosed is a scaled
drawing to depict and describe the proposed stockpile. Hours of operation would be limited to
Monday -Friday, 7:00 a.m. to 7:00 p.m.; and Saturdays, 8:00 a.m. to 4:00 p.m. Haul routes will be
mostly utilizing interior streets within Fields of Winslow Cove, with exception for potential
hauling across Prairie Road by road trucks to other portions of the Fields of Winslow Cove
preliminary plat, as needed.
Stockpile will be graded to maintain slopes not to exceed 3:1.
It is estimated that the requested IUP will be necessary for this stockpile until November 2024.
Stockpile will be maintained in compliance with all local and federal regulations, including
NPDES CSW and CCWD.
Please contact me at (651) 332-4495, or at Drew.Ha eg mannnLennar.com, with any questions
regarding this request.
Sincerely,
Drew Hageman
Land Development Manager
163o5 36" Ave. N. • Suite 600 • Plymouth, MN 55446 • Phone: 952-249-3000• Fax: 952-249-3075
LENNAR.COM
II
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