HomeMy WebLinkAbout11-14-23ANLb 6W A �
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
November 14, 2023
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes — September 26, 2023 Regular Meeting
4. Public Hearing: Comprehensive Plan Amendment Request — PID# 23-32-24-33-0002 &
PID# 23-32-24-32-0006 — To change the guided land use for the above noted properties from
URHL — Urban Residential High Low to URH — Urban Residential High and 1.5 acres of NC
—Neighborhood Commercial. (Applicant: J.A. Wedum Foundation)
5. Public Hearing: Rezoning Request - PID# 23-32-24-33-0002 & PID# 23-32-24-32-0006 —
Rezone Properties from M-2: Multiple Dwelling High Low Density to M-3 Multiple
Dwelling High Density and NB — Neighborhood Commercial. (Applicant: J.A. Wedum
Foundation)
6. Public Hearing: Interim Use Permit — Mining & Land Reclamation — PID(S)# 07-32-24-34-
0003; 07-32-24-33-0001 and 07-32-24-23-0002. (Applicant: Darren Lazan)
7. Public Hearing: Consider a variance for the width of an access road to a single-family home
to be located at 2274 16411 Avenue NW (PID 15-32-24-22-0015). (Applicant: Shawn Mars)
8. Other Business
a. Reschedule December 26, 2023 Planning & Zoning Commission Meeting
9. Adjournment
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: November 14, 2023
ACTION REQUESTED
The Planning & Zoning Commission is requested to approve the September 26, 2023 regular
meeting minutes.
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8 PLANNING AND ZONING COMMISSIONMEETING — SEPTEMBER 26, 2023
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10 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was
I l called to order by Vice Chairperson Nick Loehlein on September 26, 2023, 7:00 p.m., at
12 the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
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14 Commissioners present: Bert Koehler IV, Jonathan Shafto, Patrick Shuman, Jr., and
15 Ryan Winge
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17 Commissioners absent: Karen Godfrey and Scott Hudson
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19 Also present: Associate Planner Jake Griffiths
20 Others
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22 PLEDGEOFALLEGL4NCE
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24 APPROVAL OFMINUTES
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26 August 8, 2023 Regular Meeting Minutes
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28 Associate Planner Griffiths requested the following correction: Page 5, Line 40: Strike
29 address listed for Jason Osberg, and replace with 15356 Yukon Street NW.
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31 Motion by Koehler, seconded by Winge, to approve the minutes as amended. Motion
32 carried on a 4 -ayes, 0 -nays, 1 -present (Shuman), 2 -absent vote (Godfrey and Hudson).
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34 PUBLIC HEARING: Variance Request —17337 Roanoke St NW; PID# 06-32-24-33-
35 0016 — Samantha Haupert & Colin Anderson (Applicants)
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37 Mr. Griffiths reviewed the variance request with the Commission. The applicants are
38 requesting a decrease in the minimum lot width from the 300 -foot City Code Requirement
39 to be decreased to 138.5 feet. The purpose of the request is to accommodate a future
40 subdivision on the property through a lot split.
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42 Commissioner Winge asked if the property would meet the acreage criteria for the specific
43 zone.
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45 Motion: Vice Chair Loehlein assumed a motion to open the Public Hearing at 7:07 p.m.
46 Motion carries by unanimous consent.
Regular Andover Planning and Zoning Commission Meeting
Minutes — September 26, 2023
Page 2
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2 Colin and Samantha Anderson, 173337 Roanoke Street NW, came forward and gave a brief
3 background behind the desire they have to split the property and build their forever home.
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5 Commissioner Koehler asked the applicants when they purchased the property and if they
6 had the intention to split it from the beginning. Mr. Anderson stated that they purchased
7 the property about a year ago with the intention of splitting it.
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9 Dan Gregerson, 16025 Temple Lane, representative of the Andersons, came forward and
10 discussed the requirements of the variance that are being met by their request. Mr.
11 Gregerson also discussed the plight of the homeowner's circumstances, due to the
12 uniqueness of the property.
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14 Mr. Griffiths summarized the written comment received from Glen Blossom and Ernest
15 Igland of 17350 Roanoke Street NW generally disagreeing with the request due to the
16 minimum lot width requested.
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18 Hope Luedtke, 16932 Jivaro Street NW, came forward and stated her support for the
19 variance request to be approved.
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21 Motion: Chair Godfrey assumed a motion to close the Public Hearing at 7:18 p.m. Motion
22 carries by unanimous consent.
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24 Commissioner Winge asked if the structures would be coming down or remain on the
25 property. Mr. Griffiths pointed out the properties in the survey. Commissioner Winge
26 stated he is hung up on this variance request.
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28 Commissioner Schuman noted his appreciation for the effort put in by the applicants to
29 meet the City Code as best they can.
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31 Commissioner Winge asked when the two parcels were combined into one. Mr. Griffiths
32 updated that it was done in the late 1980s.
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34 Commissioner Shafto stated that the request is very reasonable and does not see how this
35 request changes the locality. He is struggling with 2 of the review criteria, the plight of the
36 landowner being due to circumstances not created by the landowner.
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38 Commissioner Koehler stated there is no way to split the land, and he does not see any
39 practical difficulty the request would solve.
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41 Commissioner Winge asked if there is any way to split the parcel to meet the City Code.
42 Mr. Griffiths stated that the minimum lot width is measured at the front yard setback,
43 meaning there is no way to subdivide this property and still meet the City Code.
44
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Regular Andover Planning and Zoning Commission Meeting
Minutes —September 26, 2023
Page 3
Motion by Koehler, seconded by Schuman, to recommend to the City Council to deny the
variance request due to the alteration of the existing area being more than 50% off the
requirement and being purely economic based. Motion carried on a 3 -ayes, 2 -nays (Shafto
and Winge), 2 -absent vote (Godfrey and Hudson).
Commissioner Shafto asked if there was a way to split the property where the variance
request would be significantly reduced. Mr. Griffiths stated that due to the property's
configuration, it is almost impossible to make both parcels meet the requirement.
Mr. Griffiths stated that this item would be before the Council at the October 3, 2023 City
Council meeting.
OTHER BUSINESS
Associate Planner Griffiths updated the Planning Commission on related items.
The Grace Lutheran Church IUP to extend the time for the removal of classrooms was
approved by the City Council.
The 3rd edition of the Legacy at Petersen Farms preliminary plat was approved by the City
Council.
ADJOURNMENT
Motion: Vice Chair Loehlein assumed a motion to adjourn the meeting 7:37 p.m. Motion
carries by unanimous consent.
Respectfully Submitted,
Lilian Rokosz, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Public Hearing: Comprehensive Plan Amendment Request — PID# 23-32-24-33-
0002 & PID# 23-32-24-32-0006 — To change the guided land use for the above
noted properties from URHL — Urban Residential High Low to URH — Urban
Residential High and 1.5 acres of NC — Neighborhood Commercial. (Applicant:
J.A. Wedum Foundation)
DATE: November 14, 2023
BACKGROUND
The applicant, J.A. Wedum Foundation is working with SilverCrest Development, LLC and will
be the owner of the project. SilverCrest Development, LLC is a consultant to J.A. Wedum
Foundation and will be the operator of the project upon completion. SilverCrest Development,
LLC had been working with the City of Andover moving forward with a project at this location.
Due to the current market conditions the applicant is seeking changes to the Comprehensive Plan
in order to accommodate the commercial component of the development. While a revised
concept plan is attached for informational purposes, it is not the subject of tonight's review.
The proposal is to have a 1.5 acre parcel for the commercial vs. having the commercial as part of
the multi -family building. If the request is approved, Met Council will require the City of
Andover to remove 1.5 acres from the overall acreage of the parcel when determining density of
the site. Due to the 1.5 acres being removed it is expected the development will have a density of
slightly over 20 units per acre. This then requires the City of Andover to change the future land
use of the residential portion to align with density ranges in our Comprehensive Plan. This would
change the current designation from URHL — Urban Residential High Low to URH — Urban
Residential High.
The last review had shown a residential unit count of 232 units. The current layout shows 218
residential units. The increase in density for the project is not because the applicant is increasing
units, but is instead because the applicant is providing commercial in this area, and the current
market is looking for a separate lot. The loss of the acreage for commercial is making the project
appear denser.
DISCUSSION
The proposed Comprehensive Plan Amendment consists of two changes: (1) Guiding 1.5 acres
of land within the parcels as Neighborhood Commercial; and, (2) a request to re -guide the
remaining subject properties to the URH land use district.
1.5 Acres of Neighborhood Commercial
The applicant is looking to have 1.5 acres of Neighborhood Commercial on the property. This
would allow for a commercial component with the property. Previously as part of a past project
the intent was to have 8,000 to 12,000 square feet of commercial as part of a residential multi-
family structure. This amendment would allow for the commercial component to be on its own
parcel.
Neighborhood Commercial (NC) land use district is designated for businesses that provide
services and retail goods to meet local neighborhood needs. The trade area and size of these
businesses are smaller than those found in General Commercial areas. Site design and
architecture is carefully reviewed to create a cohesive center that complements adjacent land
uses. Linear design with storefronts and blank walls is prohibited. Special care is taken to
provide appropriate transitions to residential neighborhoods with landscaping, berms, physical
separation, and preservation of natural features. This district requires location along a collector
or arterial street and convenient pedestrian access. Neighborhood commercial locations are
separated from more intense commercial land uses to avoid pressure to expand intensity beyond
a neighborhood scale.
Below is a table comparing set criteria for Neighborhood Commercial future land use district to
that of the applicant's proposal:
NC
Comprehensive Plan Criteria
Proposed Location
Area Requirements
1-5 acres
1.5
City Utilities
Required within MUSA
At property
Corresponding
NB Neighborhood Business
See Rezone Request
Districts
-Zoning
Type of
Retail trade and services
See Attachment
Development
serving immediate area
Location Criteria
Must abut intersection of
Near Hanson Blvd which is an A
collector or arterial streets
Minor Arterial. Crosstown is a
Major Collector. Bluebird St NW to
the north is a Minor Collector.
Development
Design to complement
Design will be reviewed as part of
Criteria
surrounding land uses. Limit to
future applications. The
development nodes. Strip
development will have a trail on
development prohibited.
the south side of Crosstown Blvd
Special care for transitions to
and a future round about at
residential. Convenient
Bluebird and Crosstown is
pedestrian access.
r
ected. A trail currently exists
he north side of Crosstown
.
URHLtoURH
The proposed future land use change would re -guide the majority site from a mix of URHL to
URH land use district. As the proposed change would increase overall net density for housing on
the site, City staff does not anticipate any negative impact on the City's overall minimum net
density of 3.0 units per acre or affordable housing allocation. The proposed land use change
would provide the City with greater flexibility in both of these categories which could allow
increased flexibility to the guided densities of other properties throughout the City in the future.
As provided the draft plan shows an overall reduction of units from what had been reviewed in
the past. The overall site previously had been reviewed with 232 units of residential and 8,000 to
12,000 square feet of commercial. The applicant is currently proposing 218 units of residential
units and 10,000 square feet of commercial. A current and proposed Future Land Use Map is
included below to illustrate the proposed change:
Current Future Land Use
Urban Residential — High Density (URH) District provides additional affordable housing
choices for all stages of the life cycle. Owner occupied as well as rental housing is permitted.
These URH neighborhoods are created as part of a Planned Unit Development (PUD) that
ensures efficient distribution of density and to achieve appropriate transitions between uses of
different intensity and transportation corridors. These transitions are achieved with a
combination of landscaping, berms, physical separation and preservation of natural features.
PUD review is used to establish standards that are specifically designed for each development.
Potential sites for this district must be evaluated to ensure enough capacity of municipal
infrastructure can be provided. Locations near higher volume transportation corridors, such as
collector and arterial streets is necessary to accommodate the increased level of traffic generated
by this land use. Location near shopping, service, transit and park facilities is also desirable.
Appropriate transitions between this district and other districts or transportation corridors are
necessary. These transitions are achieved with a combination of landscaping, berms, physical
separation and preservation of natural features.
Below is a table comparing set criteria for Urban Residential High future land use district to that
of the applicant's proposal:
URH
Comprehensive Plan Criteria
Proposed Location
Minimum Lot
Variable
Variable
Size
PUD Density
20-25 units per acre
21
City Utilities
Required
At property
Corresponding
M-3 Multiple Dwelling High
See Rezone Request
Zoning Districts
Density
Type of
Single Family Dwellings, Two
Multi -Family, Multiple
Development
Family Dwellings, Multiple
Dwellings
Dwellings
Location Criteria
Must abut collector or arterial street.
Hanson Blvd which is an A
Best located near shopping, service,
MinorArterial. Crosstown is a
transit and parks.
Major Collector. Bluebird St NW
to the north is a Minor
Collector.
*Areas within the Metropolitan Urban Service Area (MUSA) are calculated using net density,
areas outside of the MUSA are calculated using gross density.
Review Criteria
The Commission is essentially asked to answer two questions, the first being: Does the City
think it is appropriate for NB Neighborhood Commercial to be at this location? Chapter 1 of the
Comprehensive Plan provides for the following review criteria for Comprehensive Plan
Amendments concerning a proposed land use change:
• Conditions have changed since the present land use designation was established such to
warrant the proposed amendment or the present land use designation is in error.
The existing land use designation was established as part of a 2022 Comprehensive Plan
Amendment. The applicant is working with a consultant who had proposed a similar
project at the site. The City of Andover desired to keep some commercial at this location.
Including commercial as part of the multi family building is no longer feasible or
functional at this location as economic conditions have changed since the last
amendment. One of the goals of the Comprehensive Plan is to remain responsive to
housing market demands. The current draft plan remains as a mix of commercial and
residential land uses on the site and the proposed amendment allows the opportunity for
a mix of commercial and residential land uses at this location.
• The proposed land use is compatible with surrounding land uses and with the goals,
objectives and policies of the Comprehensive Plan.
The purpose of NB Neighborhood Business is designated for businesses that provide
services and retail goods to meet local neighborhood needs. Site design and architecture
will be carefully reviewed to create a cohesive center that complements adjacent land
uses. Special care will be taken to provide appropriate transitions to residential
neighborhoods with landscaping, berms, and physical separation.
A reduction of units is expected with the separation of the commercial location being on
its own separate lot. The site is near two higher volume roadways within the community,
Hanson Blvd NW and Crosstown Blvd NW and is adjacent to existing commercial
development. Based on a traffic study provided on July 3, 2022 the commercial does not
have a significant impact to adjacent properties. The separation of commercial from a
multi family building would yield similar traffic impacts as what had previously been
proposed.
• There is capacity of public systems, facilities and services to serve the proposed land use
and capacity of these systems to serve other planned land uses not adversely affected.
There is capacity of public systems, facilities and services to accommodate the land use
change as well as the existing capacity of adjacent land uses. A traffic study prepared by
the applicant's Traffic Engineer indicates that the surrounding roadway system can
adequately accommodate the proposed land use change. Future development proposals
would be evaluated on a case-by-case basis by City Staff to ensure there is capacity of
public systems, facilities and services.
Agreement can be reached for the applicant of the proposed land use to pay for any
increased capacity of public systems, facilities and services required to serve the
proposed land use.
There is capacity ofpublic systems, facilities and services to accommodate the land use
change. Any increased capacity issues as part of a future development proposal will be
reviewed by the City at that time and costs for improvements will be determined for
infrastructure needs.
• Potential impacts by the proposed land use on natural resources including vegetation,
wetlands, floodplain and other natural features can be avoided of sufficiently mitigated as
determined by the City Council.
The site is not within any designated flood zone. If an application is made for
development of the site, a wetland delineation will be required. City staff is not currently
aware of any wetlands on the site. The applicant hopes to preserve as many trees as
possible on the site, however, a tree study was conducted and found that the majority of
trees are diseased, substandard or underbrush and may need to be removed. If
development of this site is proposed in the f uture, a landscaping plan will be required to
identify areas of tree protection and removal which will be reviewed by the City.
Historically, storm water retention and treatment requirements have had impacts on
preservation of trees as well. The applicant is aware that the City will be looking for well
thought out landscaping and buffering of the commercial area from the residentially
zoned properties.
0 To ensure a transition or buffer between urban and rural residential zoning districts.
Pending rezoning, there are no rural residential districts adjacent to the site. However, if
a future development proposal comes forward it is anticipated that care will be taken to
provide additional plantings buffering from the adjacent single-family low-density
neighborhoods and any properties immediately adjacent to a commercial building.
The second question is: Should the residential portion of the property be changed from URHL —
Urban Residential High Low to URH — Urban Residential High? Chapter 1 of the
Comprehensive Plan provides for the following review criteria for Comprehensive Plan
Amendments concerning a proposed land use change:
• Conditions have changed since the present land use designation was established such to
warrant the proposed amendment or the present land use designation is in error.
The existing land use designation was established as part of a 2022 Comprehensive Plan
Amendment. The applicant is working with a consultant who had proposed a similar
project at the site. The City of Andover desired to keep some commercial at this location.
Including commercial as part of the multi family building is no longer feasible or
functional at this location as economic conditions have changed since the last
amendment. One of the goals of the Comprehensive Plan is to remain responsive to
housing market demands. The current draft plan remains as a mix of commercial and
residential land uses on the site and the proposed amendment allows the opportunity for
a mix of commercial and residential land uses at this location. The need for the higher
density is the deduction of the 1.5 acres for commercial, and when density calculations
are determined it is expected the density will now exceed 20.
• The proposed land use is compatible with surrounding land uses and with the goals,
objectives and policies of the Comprehensive Plan.
The purpose of the URH— Urban Residential High density land use district is to provide
additional affordable housing choices for all stages of the life cycle. Owner occupied as
well as rental housing is permitted. These URH neighborhoods are created as part of a
Planned Unit Development (PUD) that ensures efficient distribution of density and to
achieve appropriate transitions between uses of different intensity and transportation
corridors. These transitions are achieved with a combination of landscaping, berms,
physical separation and preservation of natural features. PUD review is used to establish
standards that are specifically designed for each development. Potential sites for this
district must be evaluated to ensure enough capacity ofmunicipal infrastructure can be
provided. Location near higher volume transportation corridors, such as collector an
arterial streets is necessary to accommodate the increased level of traffic generated by
this land use. Location near shopping, service, transit and park facilities is also
desirable.
The site is adjacent to two higher volume roadways within the community in Hanson Blvd
NW and Crosstown Blvd NW and is adjacent to existing commercial development. A goal
of the Comprehensive Plan is to provide a variety of housing types to accommodate the
life cycle needs of all residents and to remain responsive to housing market demands
through implementation of the land use plan. The current draft plan remains as a mix of
commercial and residential land uses on the site and the proposed amendment allows the
opportunity for a mix of commercial and residential land uses at this location.
• There is capacity of public systems, facilities and services to serve the proposed land use
and capacity of these systems to serve other planned land uses not adversely affected.
There is capacity ofpublic systems, facilities and services to accommodate the land use
change as well as the existing capacity of adjacent land uses. A traffic study prepared by
the applicant's Traffic Engineer indicates that the surrounding roadway system can
adequately accommodate the proposed land use change. Future development proposals
would be evaluated on a case-by-case basis by City Staff to ensure there is capacity of
public systems, facilities and services.
• Agreement can be reached for the applicant of the proposed land use to pay for any
increased capacity of public systems, facilities and services required to serve the
proposed land use.
There is capacity ofpublic systems, facilities and services to accommodate the land use
change. Any increased capacity issues as part of a future development proposal will be
reviewed by the City at that time and costs for improvements will be determined for
infrastructure needs.
• Potential impacts by the proposed land use on natural resources including vegetation,
wetlands, floodplain and other natural features can be avoided of sufficiently mitigated as
determined by the City Council.
The site is not within any designated flood zone. If an application is made for
development of the site, a wetland delineation will be required. City staff is not currently
aware ofany wetlands on the site. The applicant hopes to preserve as many trees as
possible on the site, however, a tree study was conducted and found that the majority of
trees are diseased, substandard or underbrush and may need to be removed. If
development of this site is proposed in the future, a landscaping plan will be required to
identify areas of tree protection and removal which will be reviewed by the City.
Historically, storm water retention and treatment requirements have had impacts on
preservation of trees as well.
• To ensure a transition or buffer between urban and rural residential zoning districts.
Pending rezoning, there are no rural residential districts adjacent to the site. However, if
a future development proposal comes forward it is anticipated that care will be taken to
provide additional plantingslbuffering from the adjacent single-family low-density
neighborhoods and any properties immediately adjacent to a mixed-use or multi family
building.
Next Steps
If the City Council approves the Comprehensive Plan Amendment, it will be forwarded to the
Metropolitan Council for review and authorization prior to final adoption by the City Council as
part of a future consent agenda. Pending approval of the amendment, any future development
proposal would still require approval of a preliminary plat and a planned unit development from
the City. These items would both require a public hearing where specific details of any proposed
development would be reviewed.
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the Comprehensive
Plan Amendment request and make a recommendation to the City Council. Approval of the
Comprehensive Plan Amendment shall be contingent upon approval of the rezoning requests.
Respectfully submitted,
Joe Janish
Community Development Director
Attachments
• Draft Resolution of Approval
• Draft Resolution of Denial
• Site Location Map
• Copy of Chapter One: Foundation of the Comprehensive Plan
• Chapter 11 Commercial/Industrial Permitted/ Permitted Accessory, Conditional, Interim
and Prohibited Uses
Informational Materials Provided by Applicant
• Revised Concept Plan Dated October 16, 2023
11x17's
• Future Land Use Map - Current
• Future Land Use Map — Proposed Changes
CC: SilverCrest Development, LLC (Via Email)
J.A. Wedum Foundation (Via Email)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION AMENDING THE CITY OF ANDOVER FUTURE LAND USE
DESIGNATIONS OF PID 23-32-24-33-0002 AND 23-32-24-32-0006 FROM URHL—URBAN
RESIDENTIAL HIGH LOW TO URH — URBAN RESIDENTIAL HIGH AND 1.5 ACRES OF
NC — NEIGHBORHOOD COMMERCIAL
WHEREAS, the Future Land Use Map shows PID 23-32-24-33-0002 and PID 23-32-24-32-0006
as URHL — Urban Residential High Low; and,
WHEREAS, the City of Andover has received a request to amend the Future Land Use
designation of the subject properties from URHL — Urban Residential High Low Density to URH
urban Residential High and 1.5 acres of NC — Neighborhood Commercial as shown on Exhibit
A; and,
WHEREAS, a public hearing was held pursuant to state statutes; and,
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the amendment as requested; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover agrees
with the recommendation of the Planning and Zoning Commission and authorizes the
amendment as included on Exhibit A to be submitted for review to the Metropolitan Council
contingent on approval Rezoning request.
Adopted by the City Council of the City of Andover on this 21st day of November 2023.
CITY OF ANDOVER
ATTEST:
Michelle Harter, Deputy City Clerk Sheri Bukkila, Mayor
F*Ih111,3YII_1
Amendments to City of Andover Future Land Use Map:
1. PID 23-32-24-33-0002 from URHL — Urban Residential High Low to URH —Urban
Residential High as shown below.
2. PID 23-32-24-32-0006 from URHL — Urban Residential High Low to URE —Urban
Residential High and 1.5 acres of NC — Neighborhood Commercial as shown below.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION DENYING AMENDING THE CITY OF ANDOVER FUTURE LAND USE
DESIGNATIONS OF PID 23-32-24-33-0002 AND 23-32-24-32-0006 FROM URHL — URBAN
RESIDENTIAL HIGH LOW TO URH — URBAN RESIDENTIAL HIGH AND 1.5 ACRES OF
NC — NEIGHBORHOOD COMMERCIAL
WHEREAS, the Future Land Use Map shows PID 23-32-24-33-0002 and PID 23-32-24-32-0006
as URHL — Urban Residential High Low; and,
WHEREAS, the City of Andover has received a request to amend the Future Land Use
designation of the subject properties from URHL — Urban Residential High Low Density to URH
urban Residential High and 1.5 acres of NC — Neighborhood Commercial as shown on Exhibit
A; and,
WHEREAS, a public hearing was held pursuant to state statutes; and,
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
amendment as requested; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover agrees
with the recommendation of the Planning and Zoning Commission and denies the
Comprehensive Plan Amendment request; for the following reasons:
1.
2.
Adopted by the City Council of the City of Andover on this 21" day of November 2023.
CITY OF ANDOVER
ATTEST:
Michelle Harter, Deputy City Clerk Sheri Bukkila, Mayor
EXHIBIT A
Amendments to City of Andover Future Land Use Map:
1. PID 23-32-24-33-0002 from URHL — Urban Residential High Low to URH —Urban
Residential High as shown below.
2. PID 23-32-24-32-0006 from URHL — Urban Residential High Low to URH —Urban
Residential High and 1.5 acres of NC — Neighborhood Commercial as shown below.
Future Land Use
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SITE LOCATION
PI
SITE LOCATION MAP
Nbbq 2018 Comprehensive Plan Update 1 - 1
Chapter One: Foundation of the
Comprehensive Plan
CITY Of
NDO� 2018 Comprehensive Plan Update
Chapter One: Foundation of the Comprehensive Plan
1-2
Identity
Andover is primarily a residential community with established urban and rural
neighborhoods. Greater than ninety percent of the city's housing stock is owner
occupied. Families with school age children comprise the largest portions of Andover's
population. Residents value the rural character of the community, the local schools, the
park and trail system and their safe neighborhoods. These values have influenced the
policies of the city. Areas planned for urban development are balanced with rural areas
to allow the rural character of the community to be preserved. This growth pattern is
reflected in the Metropolitan Council's 2040 Regional Development Framework which
provides Andover with Emerging Suburban Edge, Rural Residential and Diversified
Rural planning area designations. More information on these designations is provided
in Chapter Two: Land Use Plan.
As the city's population has grown, so has the demand for commercial development;
although commercial land is limited. The result, thus far, has been consistently strong
occupancy of previously existing commercial centers such as the Downtown Center,
successful redevelopment of former industrial properties into Andover Station and
Andover Station North as well as expansion of the commercial tax base to include
neighborhood centers like Andover Clocktower Commons and Hanson Commons.
Growth Forecast
The 2040 Regional Development Framework prepared by the Metropolitan
Council provides a population, household and employment forecast for each
community in the seven -county metropolitan area. The purpose of this
information is to determine how investments in regional systems will need to be
made to accommodate the growth forecasted for the region from 2018 to 2040.
Similarly, the city must plan and budget to ensure that local services, systems
and facilities can be provided to accommodate growth. The table below shows
Metropolitan Council growth forecasts that were submitted to the City as part of
the System Statement in September 2015 and revised by Metropolitan Council in
2018. The revised forecast shows lower population and household figures but
greater levels of employment. This is a revision based on discussions with the
Metropolitan Council staff as part of the Comprehensive Plan Update.
Figure 1.1 Metropolitan Council Growth Forecast
2016
2018
2020
2030
2040
Population 32,335
32,758
33,500
36,500
39,800
Households 10,391
10,550
10,800
12,150
13,500
Employment 5,100
6,259
6,300
6,700
7,100
w
2018 Comprehensive Plan Update
I-3
Goals, Objectives and Policies
The following pages describe the goals of the community and the strategies that are
employed to achieve them. The goals, objectives and policies are structured according
to the topic that they address. However, it is important to remember that these
statements are interrelated. As a result, the cause and effect for each topic must be
considered when decisions concerning the Comprehensive Plan are made. For the
purposes of this plan these terms are defined as follows:
Goal: A statement that expresses a desired outcome or state of affairs.
Objective: A statement that provides direction on how the goal will be achieved
Policy: A specific action that will be taken or a general rule that will be applied to a
specific situation
Overarching Goals, Objectives and Policies
Goal 1: Maintain and enhance the quality of life in Andover
Objective: Efficiently provide basic services to improve all aspects of the city that
contribute to quality of life including land use, public safety,
transportation, recreation, health, education, and resource preservation
Policy: Prepare, implement, periodically evaluate and update local controls such
as:
• Comprehensive Plan
• City Code
• Capital Improvement Plan
• Water Resource Management Plan
• Stormwater Pollution Prevention Program
• Parks and Open Space Plan
Objective: Preserve the rural character of the community
Policies:
• Preserve the Rural Residential Planning Area Designation Identified by the
Metropolitan Council 2040 Regional Development Framework
• Plan the efficient expansion of municipal sewer and water through
implementation of the Land Use Plan
• Preserve natural areas through implementation of the Parks and Open Space
Plan
kb-W-
2018 Comprehensive Plan Update 1-4
Goal 2: Maintain a high degree of community planning and involvement
Objective: Ensure an open and accessible local government that is responsive to the
needs of residents
Policies:
• Provide access to information in a variety of forms including the newsletter,
official newspaper, web site and televised meetings
• Maintain healthy relationships with residents, businesses, community groups,
school districts, and government agencies to ensure all points of view are
represented
• Promote participation in citizen advisory committees
• Consider all available information and the potential impacts on all aspects of the
community when making land use decisions
• Maintain a mix of land uses, including schools, professional and medical office,
retail, community and park facilities to provide a vital node of activity in the
vicinity of City Hall, as well as along major corridors
• Encourage resident involvement through the public hearing process and utilize a
variety of public hearing notification methods including direct mailing, publication
in the official newspaper and signs placed on subject properties
Goal 3: Maintain the Comprehensive Plan as a relevant official
document
Objective: Consider Comprehensive Plan amendments that better achieve the goals,
objectives and policies of the Comprehensive Plan
Policies:
• Adhere to the goals, objectives and policies of this Comprehensive Plan to
prevent incremental decision making that adversely affects the intent of the plan
• Review Comprehensive Plan text amendments with the following criteria:
o A public need for the proposed amendment can be identified
o The proposed amendment is the best way to satisfy that need
o The amendment is consistent with the goals, objectives and policies of the
Comprehensive Plan
k bYG
2018 Comprehensive Plan Update I - 5
o The amendment is in the best interest of the City of Andover as
determined by the City Council
• Review Comprehensive Plan amendments concerning a proposed land use
change with the following criteria:
o Conditions have changed since the present land use designation was
established such to warrant the proposed amendment or the present land
use designation is in error
o The proposed land use is compatible with surrounding land uses and with
the goals, objectives and policies of the Comprehensive Plan
o There is capacity of public systems, facilities and services to serve the
proposed land use and capacity of these systems to serve other planned
land uses is not adversely affected
o Agreement can be reached for the applicant of the proposed land use to
pay for any increased capacity of public systems, facilities and services
required to serve the proposed land use
o Potential impacts by the proposed land use on natural resources including
vegetation, wetlands, floodplain and other natural features can be avoided
or sufficiently mitigated as determined by the City Council
o To ensure a transition or buffer between urban and rural residential zoning
districts
Land Use Goals, Objectives and Policies
Goal 4: Allow residential growth while maintaining the quality of natural
resources and amenities
Objective: Clearly define areas for urban and rural residential development
Objective: Promote orderly growth to ensure efficient utilization and delivery of
community services
Objective: Prevent extension of infrastructure that is inconsistent with the
Comprehensive Plan
Objective: Work cooperatively with resource protection agencies and
organizations to minimize the impact of development on natural
resources and amenities
Objective: Create opportunities for the city to preserve open space, nature preserves
and natural amenities through review of development proposals
and implementation of the Parks and Open Space Plan
1VDOVE
2018 Comprehensive Plan Update
1-6
Policies:
• Maintain a Municipal Urban Service Area (MUSA) Boundary to define the
boundary between the Developing Community and Rural Residential planning
area designations of the 2040 Regional Development Framework
• Stage urban development within the MUSA Boundary to ensure orderly growth
and cost-efficient expansion of infrastructure
• Review and update the staging plan periodically to address changes in times and
conditions
• Prohibit platting of property without municipal sewer and water within the MUSA
Boundary; except for properties that cannot be feasibly developed at an urban
capacity.
• Restrict lot splits without municipal sewer and water within the MUSA Boundary
• Encourage infill development within the MUSA Boundary with appropriate
transitions to existing neighborhoods
• Allow rural development outside of the MUSA Boundary consistent with the Rural
Residential Land Use Designation
• Require existing conditions information to be provided during the development
review process to allow evaluation of opportunities to preserve and protect
natural features and open space
• Engage local watershed management organizations and other appropriate
agencies and organizations in the review of development proposals
Goal 5: Encourage appropriate economic growth and redevelopment
Objective: Develop a diversified tax base through balanced development of
commercial, light industrial, and residential properties
Objective: Create cohesive vibrant retail hubs to serve the community by
aggregating commercial land uses along Bunker Lake
Boulevard
Objective: Select strategic locations for neighborhood and community
commercial sites and establish design performance standards for
such uses that promote quality site design and compatible land use
arrangements
Objective: Prevent the intensification of neighborhood commercial areas that
may negatively affect surrounding residential properties
1VO`>>E 2018 Comprehensive Plan Update
1-7
Policies:
• Maintain the existing commercial nodes along Hanson Boulevard, Bunker
Lake Boulevard, Round Lake Boulevard, Crosstown Drive and 7th Avenue as
cohesive, interrelated nodes of commercial activity
• Prevent fragmented, uncoordinated and linear commercial development
away from these locations
• Provide limited opportunities for commercial development in other areas of
the city only when demand is demonstrated with a professionally prepared
market study
• Ensure that new development and redevelopment has a positive impact on the
community by providing appropriate transitions and demonstrating compliance
with the City Code
• Promote redevelopment of existing industrial zones to accommodate industrial
development, enhance community appearance and tax base
• Allow limited industrial development within Andover Station North when the use,
site design, and building architecture are compatible with the existing and
planned uses within this commercial center
• Encourage continued investment in the Andover North regional shopping area
Goal: Protect and develop access for alternative energy systems
Objective: Preserve reasonable access to all parcels so that alternative forms of
energy can be used to supplement or replace conventional forms of
energy
Policies:
• Encourage and support educational programs and research that focuses on
alternative or renewable energy systems such as offered by Metro Cities,
University of Minnesota Extension Services, Minnesota Office of Environmental
Assistance, Anoka County and other organizations
• Encourage the possible use of solar energy in future housing developments
• Encourage future site and building plans to design for efficient use of solar
energy including such elements as the location of windows, shade trees, and
driveways
Goal: Reduce maintenance and energy costs for public facilities and
infrastructure
VDOVER` 2018 Comprehensive Plan Update 1 -9
Objective: Where feasible, use low energy design elements for future public facilities
and infrastructure development
Policy:
• Explore alternative energy sources when replacing systems in public facilities
Housing Goals, Objectives and Policies
Goal: Provide a variety of housing types to accommodate the life
cycle needs of all residents
Goal: Remain responsive to housing market demands through
implementation of the Land Use Plan
Objective: Utilize the existing housing stock to provide a portion of the
affordable housing demand projected by the Metropolitan Council
Objective: Utilize local controls to provide opportunities for a variety of housing
types, including affordable housing
Objective: Continue to work with agencies that provide affordable housing and
housing for residents with special needs
Policies:
• Work with property owners to identify sources of funding for home improvements
to prevent deterioration of the city's older homes
• Support Anoka County's efforts to implement the Five -Year Consolidated Plan
• Utilize the planned unit development review process for medium and high-density
residential projects to encourage more efficient allocation of density and intensity
of land use and get higher quality development while providing amenities not
otherwise achievable with existing zoning classes.
• Support public service agency applications for the Community Development
Block Grant Program
rfnovE
2018 Comprehensive Plan Update 1 - 9
Transportation Goals, Objectives and Policies
Goal: Provide a safe and efficient transportation system that is cost
effective and serves the existing and future access and mobility
needs of the City
Objective: Ensure adequate internal and external transportation access and links
for efficient movement of people and goods
Objective: Provide a transportation system that enhances quality economic
development within the City
Objective: Provide a transportation system that meets the varied needs of
Andover residents
Objective: Consider the mobility needs of all persons in the planning and
development of the transportation system
Objective: Continue to support Anoka County Transportation Department
applications for safety improvements of roadways
Policies:
• Provide for early and continuing citizen involvement in transportation planning
and implementation of projects
• Provide a roadway system within a functional hierarchy that accommodates
existing and future travel demands by providing the necessary design features to
satisfy the roadway's intended use
• Provide sufficient roadway capacity through the construction of transportation
system improvements that accommodate existing and future demand
• Require construction of transportation system improvements in conjunction with
new developments when the need is created by the new development
• Require payment for future transportation improvements as apart of
development approval proportionate to the demand created by new
developments
• Ensure that all components of the transportation system are maintained and
developed to the highest standards to insure against detrimental impact upon
community growth
• Utilize the Capital Improvement Plan to schedule projects that increase public
safety by minimizing hazards and correcting poorly designed intersections and
access points
N6 018 Comprehensive Plan Update 1 -10
Goal: Provide a coordinated transportation system that is compatible
with adjacent municipality, Anoka County, Metropolitan Council
and State of Minnesota transportation plans
Objective: Coordinate transportation planning and transportation system
improvements with other government agencies to increase
efficiencies
Objective: Increase opportunities for funding of local transportation system
improvements from federal, state and county funding sources
Policies:
• Coordinate grant applications and other funding requests, when appropriate, with
neighboring municipalities, as well as state, regional and county agencies
• Coordinate participation of Anoka County and adjacent cities, where appropriate,
in the provision of Transportation Plan elements
Goal: Provide multi -modal transportation options whenever and
wherever feasible and advantageous
Objective: Periodically evaluate potential ridership and feasibility of joining the
Metropolitan Transit Taxing District to provide additional transit options for
Andover residents
Policies:
• Identify locations for park and ride facilities and preserve the ability to implement
these facilities in the future
• Promote ridesharing and increased vehicle occupancies throughout the City
Goal: Minimize impacts of the transportation system on the natural
environment
Objective: Ensure environmentally sensitive implementation of the
transportation system through the planning, design and
construction of improvements
Objective: Consider the impacts of improvements to the existing transportation
system on land use, environmental, social, historic, and cultural resources
NDOVE
2018 Comprehensive Plan Update
Policies:
• Adhere to best management practices and all components of the Implementation
Plan during the planning, construction and maintenance of the transportation
system
• Separate non -motorized traffic from arterial and collector roadways
• Encourage joint parking facilities to conserve land
Goal: Enhance accessibility by providing an interconnected multi- use
trail system
Objective: Provide an accessible trail system that links residential
neighborhoods, commercial developments, and park areas
Objective: Utilize multiple funding sources to complete the regional and local trail
systems
Objective: Coordinate trail construction with street improvement projects, new
development, expansion and redevelopment projects
Policies:
• Maintain a map of existing and future local and regional trails and coordinate trail
planning, construction and maintenance in the Capital Improvement Plan
• Fund regional trail system improvements adjacent to residential properties with
trail fees collected from new residential developments
• Require regional trail construction adjacent to commercial and industrial
properties, where shown on the trails plan, in conjunction with development,
expansion and redevelopment projects
• Require local trail construction adjacent to residential, commercial and industrial
properties, where shown on the trails plan, in conjunction with development,
expansion and redevelopment projects
• Develop trails in accordance with the American Association of State Highway
Transportation Officials (AASHTO) standards
• Coordinate trail and sidewalk improvements, where appropriate, with Anoka
County and neighboring cities
kb-W-
2018 Comprehensive Plan Update 1 -12
Water Resources Goals, Objectives and Policies
These goals, objectives and policies are included within the City of Andover Water
Resource Management Plan and Water Supply Plan. These are separate documents
that have been adopted as a component of the Comprehensive Plan.
Parks and Open Space Goals, Objectives and Policies
Goal 1: Provide parks and facilities that meet present park needs and
plan for the future needs of the city
Objectives:
a. Maintain and upgrade current park facilities
b. Evaluate existing conditions and future growth projections to determine
the types of parks and facilities needed to complete the park system
C. Provide more passive recreation opportunities
d. Provide for a balance among active and passive recreation areas and
activities
e. Provide recreation facilities for all age groups and abilities within the city
f. Design and maintain recreation areas with appropriate lighting,
landscaping, parking, and shelter design
g. Consider the Site Selection Criteria established in the Parks and Open
Space Plan and the standards of the National Recreation and Park
Association in the planning and design of the park system
Policies:
• Implement a maintenance schedule for the grounds and facilities within the current
park system
• Aggregate resources from local, state and federal sources to complete planned
improvements as scheduled in the Capital Improvement Plan
• Maintain and Update the Park Study as a guide for the number, size, type and
location of parks and facilities needed to complete the park system to serve the
needs of residents
ire o�
ND 2018 Comprehensive Plan Update
1-13
• Accept only lands suitable for park and recreation purposes as fulfillment of the
parkland dedication requirements.
• Utilize the Capital Improvement Plan to schedule replacement of existing park
facilities and installation of new facilities
• Utilize the Park and Recreation Commission to advise the Council on matters
relating to parks, recreation and park facilities
• Provide regulations and policies for park use and park dedication
• Consider the adopted Guidelines for Field Usage by Youth Athletic Associations
• Work cooperatively with other organizations and government agencies to
enhance local and regional park systems
Goal 2: Promote, protect, preserve and enhance the City's natural resources
and open space for the enjoyment of residents, protection of
water and air quality and the preservation of wildlife habitat
Objective: Consider development of passive, nature -related recreation or conservancy
areas on sites found to be suitable for these purposes
Objective: Identify appropriate areas for preservation through analysis of
natural features, the Site Selection Criteria established in the Parks
and Open Space Plan and the Land Use Plan
Objective: Plan for and provide connections with the park and trail systems in a
manner that both preserves and allows public enjoyment of natural areas
Objective: Seek to provide buffer areas adjacent to significant natural resources and
parks
Policies:
• Work collaboratively with property owners in the preservation of open space
• Permanently protect open space with conservation easements, even when fee
title acquisition and other methods are used
• Prepare, implement and monitor the effectiveness of conservation plans that
address the specific characteristics of the various types of natural areas
• Utilize the Open Space Advisory Commission to advise the Council on matters
concerning preservation of open space
C* O`
2018 Comprehensive Plan Update 1 - 14
Prevent incompatible land uses from locating adjacent to parks and
open space areas through implementation of the Land Use Plan
and zoning regulations
• Work cooperatively with other organizations and government agencies to
acquire and enhance open space areas within the city
Recognize preservation of nature preserves and open space as a benefit in
Planned Unit Developments
CHAPTER 11
COMMERCIAUINDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM
AND PROHIBITED USES
P—Permitted Use
NB —NeighborhoodBusiness
PA — Permitted Accessory Use
SC — Shopping Center
C — Conditional Uset
GB — General Business
I — Interim Use
I - Industrial
PUD — Planned Unit Development
NB --j
X — Prohibited Use
GB
If Use Not Specifically Listed or Provided for Elsewhere in the CityCode
It Is Prohibited
Uses
ZoningDistricts
AUTO RELATED USES
NB --j
SC
GB
I
Automobile service stations in compliance with City Code 12-12-4
C3
C2
C
C
Car wash automated
X
C
X
X
Car wash self service
X
X
P
P
Car wash accessory to automobile service station
X
P
P
P
School bus terminal
X
X
X
P
Transportation terminals or motor freight terminals
X
X
XX
Vehicle sales new in Compliance with Ci Code 3-8
X
X
C
C
Vehicle sales used in Compliance with City Code 3-8
X
X
C
C
LIQUOR
NB
SC
GB
I
Liquor licenses in compliance with City Code 3-1
C6
C
C
C
Liquor License, On -Sale Wine in compliance with City Code 3-1
C
C
C
C
Liquor stores, off -sale in compliance with City Code 3-1
C6
C
C
X
RETAIL TRADE AND SERVICES
NB
SC
GB
I
Adult use business as defined in Title 3 Chapter 7 of the City Code
X
X
C
E ---
Barbershops and
Barbersho sand beau salons
P
P
P
X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
X
X
X
X
Christmas tree sales
I
f I
I
I
Commercial recreation, indoors
P
P
P
P
Commercial recreation outdoors
C
C
C
C
Commercial riding stables
X
X
X
X
Crematorium in compliance with definition under City Code 12-2
X
X
C
C
Daycare centers Commercial
P
P
P
P
Daycare centers(drop in
PA
PA
PA
PA
Drive in businesses or businesses with a drive through window
C
C
C
C
Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compliance with definition
under City Code 12-2
X
X
C
C
Financial institutions
P
P
P
P
Hotels and motels
C
C
C
C
Lumberyard
X
X
X
C
Medical and dental clinics
P
P
P
P
Medical clinic - continuous operation
C
C
C
C
Mortuaries and funeral homes without crematorium
P
p
P
P
Pawnbrokers- as defined in Title 3 Chapter 4 of the City Code
X
C
C
C
Precious metal dealers -as defined in City Code 34
X
C
C
C
Professional studios
P
p
p
P
Recreational vehicle boat,and marine equipment sales
X
P
P
P
Rental businesses (Equipment)
I
I
P
P
Repair services as defined in City Code 12-2
P
P
P
P
Resorts
X
X
X
X
Restaurantstcafes
P
P
P
P
Restaurant with live entertainment
X
C
C
X
Retail trade and services
P
P
P
C
Secondhand goods dealers as defined in Title 3 Chapter 4 of this code
X
C
C
C
Theaters doors
P
P
P
Theaters Outdoors
X
X
X
X
Veterinary clinics no outside pens or animal storage)
C
C
P
P
SCHOOLS
NB
SC
GB
I
K-12
X
X
X
X
Post -Secondary Schools
C
f C
C
C
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
STORAGE
NB
SC
GB
I
Bulk fuel storage (tanks greater than 1,000 -gallon storage capacity) in compliance with
City Code 12-8-2
C
C
C
C
Highway construction materials (temporary processing and storage) in compliance
with Ci Code 12-16 compliance
I
I
I
I
Mini storage indoor storage only)
X
XFGB
C
Outdoor display, storage, and sales
C
C
C
Outdoor display, storage, and sales- duringoperating hours onlyC
C
C
Tires - Exterior storage of waste tires
X
X
X
Tires - Interior storage of more than eight 8 waste tires
C
C
C
Toxic waste storage
X
X
X
UTILITIES
NB
SC
I
Private utilities as electric hone, cable, etc. in Com liance with Ci Code 8-2
P
P
P
Private utili structures and/or uses electrical transmission lines as i elines etc.
C
C
C
Public utility uses for local service
p
P
P
P
OTHER
NB
SC
GB
I
Any incidental repair, processing, and storage necessary to conduct a pemtitted
commercial or industrial principal use but not to exceed thirty percent (30%) of the
floor areas ace of the principal building.
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
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
Contractors' Shops and Storage Yards'
C°
X
P
P
Religious Institution
X
C
C
X
Clubs and lodges
X
X
P
X
Continuous operation of a business
P
P
X4
X4
Excavation (Mining) greater than 400 cubic yards when no building permit has been
issued in compliance with City Code 12-13
I
I
I
I
Golf courses and driving ranges
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
Junkyards
X
X
X
X
Land Reclamation in compliance with City Code 12-13
1
I
I
I
Landfills
X
X
X
X
ManufacturingX
X
P
P
Marinas
X
X
X
X
Offices
p
Pp
P
Publiclyowned and operated propertyexcept as herein amended
P
I P
P
P
Research laboratories
X
X
P
P
Swimmin pools and recreation areas or structures
PA
; PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons residing or
workingin the vicinity
X
X
X
X
Wholesale businesses
X
X
P
P
Wind Energy Conversion Systems (WECS)-as defined in and in compliance with
Title 9 Chapter 13 of this code. WECS are prohibited on WDE site.
C
C
C
C
Solar Energy Systems(ground mounted
X
X
X
X
Solar Energy Systems roof mounted
PA
PA
PA
PA
Activities involving the storage, utilization or manufacture of materials or products
such as TNT or dynamite.
I
I
I
I
Notes:
1. Conditional use permits for uses not listed herein shall not be granted except where the city council determines
that said uses are similar in character to those listed herein. Within any of the following districts, no land or
structure shall be used for the following uses by districts except by conditional use permit and in accordance
with the criteria as stated in subsection 12-15-61) of this title.
2. Provided a minimum of twenty-five thousand (25,000) square feet of retail floor space is constructed, except
as otherwise approved as part of a Planned Unit Development.
3. After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is
two (2) acres or larger.
4. Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation". From November 15th
to January 1 st continuous operation will be allowed in the General Business and Industrial Zoning District.
5. Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on
properties outside of the Metropolitan Urban Service Area (MUSA) boundary.
6. Provided the use is located within a contiguous NB -Neighborhood Business District that is at least 5 -acres
in size. (Amended Ord. 552, 5-2-23)
-w
:1
I
SENIOR CAMPUS
JAL SKETCH PLAN r -
I
t,
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 6 WWW.ANDOVE RMN.GOV
TO: Planning & Zoning Commissioners
FROM: Joe Janish, Community Development Director
SUBJECT: Public Hearing: Rezoning Request - PID# 23-32-24-33-0002 & PID# 23-32-24-
32-0006 — Rezone Properties from M-2: Multiple Dwelling High Low Density to
M-3 Multiple Dwelling High Density and NB — Neighborhood Commercial.
(Applicant: J.A. Wedum Foundation)
DATE: November 14, 2023
DISCUSSION
J.A Wedum Foundation has requested to rezone the unaddressed properties located at PID 23-32-
24-33-0002 & 23-32-24-32-0006 from M-2: Multiple Dwelling High Low Density to M-3:
Multiple Dwelling High Density and NB: Neighborhood Business. A map showing the location
of the subject properties is attached. If the Comprehensive Plan amendment reviewed as part of a
previous agenda item is approved, rezoning of the subject properties will be required to maintain
consistency between the Future Land Use Map and Rezoning Map and to allow for
implementation.
The subject properties are located within the Metropolitan Urban Service Area (MUSA) and are
within the current stage of sewer expansion. Times and conditions have changed with the
extension of municipal sewer and water into this area. Urban development including public,
commercial and residential uses has occurred immediately adjacent to the subject properties. The
subject properties border Hanson Blvd NW which is classified as an "A Minor Arterial' roadway
and Crosstown Blvd NW which is classified as a "Major Collector" by the Comprehensive Plan.
Current Zoning
L11111 S,� J
1519D 61
,SS
15�I6
ISS
1512
51 551
we
'Sa Iwel we x•
` xc• 5r :C6
al �s2 ;v scs x2
� 3961 th n
ACTION REQUESTED
The Planning & Zoning Commission is requested to hold a public hearing and make a
recommendation to the City Council regarding the rezoning request.
Re ect lly itt ,
Joe Janish
Community Development Director
Attachments
• Draft Resolution of Approval
• Draft Resolution of Denial
• Site Location Map
• Chapter 11 Commercial/Industrial Permitted/ Permitted Accessory, Conditional, Interim
and Prohibited Uses
• Zoning Map — Current
• Zoning Map - Draft
CC: SilverCrest Development, LLC (Via Email)
J.A. Wedum Foundation (Via Email)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
'7l PLEWL ST01w,":/
AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY
ORDAINS:
City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as
follows:
1. The zoning designation of the following parcels are hereby amended from M-2: Multiple
Dwelling High -Low Density to M-3: Multiple Dwelling High Density and also includes
1.5 acres of NB — Neighborhood Business:
Parcel 1 - PID# 23-32-24-33-0002
SW1/4 OF SW1/4 SEC 23 T32 R24; EX PRT PLATTED AS WINSLOW HILLS; ALSO
EX RD; SUBJ TO EASE OF REC
Parcel 2 — PID# 23-32-24-32-0006
THAT PRT OF NWl/4 OF SWI/4 OF SEC 23 TWP 32 RGE 24 LYG SLY OF SLY
R/W LINE OF CSAH NO 18, EX PRT PLATTED AS WINSLOW HILLS, ALSO EX
PRTS PLATTED AS WINSLOW HILLS 2ND ADD & WINSLOW HILLS 3RD ADD
2. The findings for the rezoning are that the property is located within the Metropolitan
Urban Service Area (MUSA) and also has the ability to be served by City of Andover
municipal services. Times and conditions have changed with the extension of municipal
sewer and water into this area. Urban development has occurred immediately adjacent to
the subject properties which includes public, commercial and residential uses. The
Comprehensive Plan and City Code require that properties zoned M-3 have access from
either an arterial or collector street. The subject properties border Hanson Blvd NW and
Crosstown Blvd NW, which Chapter 3 of the Comprehensive Plan identifies as A Minor
Arterial and Major Collector respectively.
3. All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
4. Approval of the zoning district map amendment is contingent upon the approval of the
Comprehensive Plan Amendment request.
Adopted by the City Council of the City of Andover on this 21" day of November, 2023.
CITY OF ANDOVER
ATTEST:
Michelle Harter, Deputy City Clerk
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE XXX
A RESOLUTION DENYING THE REZONING REQUEST TO REZONE PID #23-32-24-33-
0002 AND PID #23-32-24-32-0006 FROM M-2: MULTIPLE DWELLING HIGH -LOW
DENSITY TO M-3: MULTIPLE DWELLING HIGH DENSITY AND ALSO INCLUDES 1.5
ACRES OF NB — NEIGHBORHOOD BUSINESS
WHEREAS, the City of Andover has received a request to rezone the properties located at
PID#23-32-24-33-0002 and PID# 23-32-24-0006 from M-2: Multiple Dwelling High Low
Density to M-3: Multiple Dwelling High Density and also including 1.5 acres of NB:
Neighborhood Business; and,
WHEREAS, a public hearing was held pursuant to state statutes; and,
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
rezoning as requested; and,
NOW, THEREFOR, BE IT RESOLVED, that the City Council of the City of Andover agrees
with the recommendation of the Planning and Zoning Commission and denies the Rezoning
request; for the following reasons:
1.
2.
3.
Adopted by the City Council of the City of Andover on this 21' day of November 2023.
CITY OF ANDOVER
ATTEST:
Michelle Harter, Deputy City Clerk
Sheri Bukkila, Mayor
SITE LOCATION MAP
CHAPTER 11
COMMERCIAIANDUSTRIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM
AND PROHIBITED USES
P — Permitted Use
NB —Neighborhood Business
PA — Permitted Accemm Use
SC — Shopping Center
C — Conditional Uset
GB — General Business
I — Interim Use
I - Industrial
PUD—Planned Unit Development
NBA
X — Prohibited Use
GB
If Use Not Specifically Listed or Provided for Elsewhere in the CityCode,
It Is Prohibited
Uses
ZoningDistricts
AUTO RELATED USES
NBA
Sc
GB
I
Automobile service stations in compliance with City Code 12-124
C3
C2
C
C
Car wash automated
X
C
X
X
Car wash self service
X
X
P
P
Car wash accessory to automobile service station
X
P
P
P
School bus terminal
X
X
X
P
Transportation terminals or motor freight terminals
X
X
X
X
Vehicle sales new in Compliance with City Code 3-8
X
X
C
C
Vehicle sales used in Compliance with City Code 3-8
X
X
C
C
LIQUOR
NB
SC
GB
I
Liquor licenses in compliance with City Code 3-1
C6
C
C
C
Liquor License, On -Sale Wine in compliance with City Code 3-1
C
C
C
C
Liquor stores, off -sale in compliance with City Code 3-1
C6
C
C
X
RETAIL TRADE AND SERVICES
NB
SC
GB
I
Adult use business as defined in Title 3 Chapter 7 of the City Code
X
X
C
C
Barbershops and beauty salons
P
P
P
X
Campgrounds, gun clubs and ranges, archery ranges, racetracks
X
X
X
X
Christmas tree sales
I
I
I
I
Commercial recreation, indoors
p
P
P
P
Commercial recreation outdoors
C
C
C
C
Commercial riding stables
X
X
X
X
Crematorium in compliance with definition under City Code 12-2
X
X
C
C
Daycare centers Commercial
P
P
P
P
Da Bare centers(drop in
PA
PA
PA
PA
Drive in businesses or businesses with a drive through window
C
C
C
C
Dry Cleaning Processing (Amended Ord. 323, 2-7-2006) in compliance with definition
under City Code 12-2
X
X
C
C
Financial institutions
P
P
P
p
Hotels and motels
C
C
C
C
Lumberyard
X
X
X
C
Medical and dental clinics
P
P
P
P
Medical clinic - continuous operation
C
C
C
C
Mortuaries and funeral homes without crematorium
P
P
P
P
Pawnbrokers- as defined in Title 3 Chapter 4 of the City Code
X
C
C
C
Precious metal dealers -as defined in City Code 3-4
X
C
C
C
Professional studios
P
P
P
P
Recreational vehicle, boat, and marine equipment sales
X
I P
P
P
Rental businesses (Equipment)
I
I
P
P
Repair services as defined in City Code 12-2
P
P
P
P
Resorts
X
X
X
X
Restaurants/cafes
P
P
P
P
Restaurant with live entertainment
X
C
C
X
Retail trade and services
P
P
P
C
Secondhand goods dealers as defined in Title 3 Chapter 4 of this code
X
C
C
C
Theaters Indoors
P
P
P
Theaters Outdoors
X
X
X
X
Veterinary clinics no outside pew or animal storage)
C
C
P
P
SCHOOLS
NB
SC
GB
I
K-12
X
X
X
X
Post -Secondary Schools
C
C
C
C
Schools exceeding height maximum up to 45 feet in height
C
C
C
C
STORAGE
NB
SC
GB
I
Bulk fuel storage (tanks greater than 1,000 -gallon storage capacity) in compliance with
City Code 12-8-2
C
C
t
C
C
Highway construction materials (temporary processing and storage) in compliance
with City Code 12-16 compliance
1
I
I
I
Mini storage indoor stow e only)
X
X
C
C
Outdoor display, storage, and sales
C
C
C
C
Outdoor display, storage, and sales- during operating hours only
C
C
C
C
Tires - Exterior storage of waste tires
X
X
X
X
Tires - Interior storage of more than eight 8 waste tires
C
C
C
C
Toxic waste storage
X
X
X
X
UTILITIES
NB
SC
GB
I
Private utilities as, electric, phone, cable, etc. in Compliance with City Code 8-2
P
P
P
p
Private utility structures and/or uses electrical transmission lines as pipelines, etc.
C
C
C
C
Public utility uses for local service
P
P
P
P
OTHER
NB
SC
GB
I
Any incidental repair, processing, and storage necessary to conduct a permitted
commercial or industrial principal use but not to exceed thirty percent (30%) of the
floor areas ace of the principal building.
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
Buildings (Principal) exceeding height maximum subject to City Code 12-3-5
C
C
C
C
Contractors' Shops and Storage Yards'
CS
X
P
I P
Religious Institution
X
C
C
X
Clubs and lodges
X
X
P
X
Continuous operation of a business
P
P
X4
X4
Excavation (Mining) greater than 400 cubic yards when no building permit has been
issued in compliance with City Code 12-13
1
1
I
1
Golf courses and driving ranges
X
X
X
X
Group Homes as regulated by State Statute
X
X
X
X
Junkyards
X
X
X
X
Land Reclamation in compliance with City Code 12-13
1
1
I
1 1
Landfills
X
X
X
X
Manufacturing
X
X
P
P
Marinas
X
X
X
X
Offices
P
P
P
P
Publicly owned and operated property except as herein amended
P
P
P
P
Research laboratories
X
X
P
P
Swimming pools and recreation areas or structures
PA
PA
PA
PA
Uses which may be detrimental to the health, safety, and welfare of persons residing or
working in the vicinity
- X
X
X
X
Wholesale businesses
X
X
P
P
Wind Energy Conversion Systems (WECS)-as defined in and in compliance with
Title 9 Chapter 13 of this code. WECS are prohibited on WDE site.
C
C
C
C
SolazEner S stems undmounted
X
X
X
X
Solar Ener S stems(roof mounted)
PA
PA
PA
PA
Activities involving the storage, utilization or manufacture of materials or products
such as TNT or dynamite.
I
I
I
I
Notes:
1. Conditional use permits for uses not listed herein shall not be granted except where the city council determines
that said uses are similar in character to those listed herein. Within any of the following districts, no land or
structure shall be used for the following uses by districts except by conditional use permit and in accordance
with the criteria as stated in subsection 12-15-613 of this title.
2. Provided a minimum of twenty-five thousand (25,000) square feet of retail floor space is constructed, except
as otherwise approved as part of a Planned Unit Development.
3. After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is
two (2) acres or larger.
4. Sec 12-2-2 for definitions of"Continuous Operation and Non -continuous Operation". From November 15th
to January 1st continuous operation will be allowed in the General Business and Industrial Zoning District.
5. Contractors' Shops and Storage Yards within NB — Neighborhood Business districts shall be located on
properties outside of the Metropolitan Urban Service Area (MUSA) boundary.
6. Provided the use is located within a contiguous NB -Neighborhood Business District that is at least 5 -acres
in size. (Amended Ord. 552, 5-2-23)
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ARROM
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning & Zoning Commission
FROM: Joe Janish, Community Development Director
SUBJECT: Public Hearing: Interim Use Permit — Mining & Land Reclamation — PID(S)#
07-32-24-34-0003; 07-32-24-33-0001 and 07-32-24-23-0002. (Applicant: Darren
Lazan)
DATE: November 14, 2023
INTRODUCTION
On August 15, 2023 a preliminary plat and grading plan were approved for the Legacy at Petersen Farms
rural residential development. As part of the grading of the site, the applicant is requesting an Interim Use
Permit (IUP) for the creation of two stockpiles: one consisting of up to 50,000 cubic yards and the other
up to 10,000 cubic yards of fill material both would stockpiles would be located outside of the plat
boundary. The material would be utilized during future phases of development, and for the placement of
house pads.
Since the applicant is proposing land reclamation utilizing in excess of 400 cubic yards, an IUP is
required pursuant to City Code 12-13-1 and 12-15-8. 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.
Staff is proposing an expiration date of September 1, 2026 or once 90% of the lots within the 31 Phase
are constructed, whichever is sooner (5 -years is the longest amount of time an IUP can be granted for
under City Code 12-14-12-E). If at that time the applicant would like the stockpile to remain on the
property, they would need to apply for a new ]UP and obtain City Council approval.
Type of Fill Permitted
The stockpile will be comprised of excess soils and fill from the grading of the Legacy at Petersen Farms
residential development. No additional fill from off-site will be permitted in the stockpile.
Haul Route
No haul route is required as while the stockpile is under construction all material will be transported
within the site. 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.
Erosion Control
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 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
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 otherpublic facilities,
Since all fill is coming from within the site no use of the surrounding roadways is required. There are no
parks or otherpublic facilities in the vicinity of the stockpiles that would be impacted.
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.
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 ofproperty or
scenic views.
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.
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.
Community Development Director
Attachments:
Draft Resolution of Approval
Draft Resolution of Denial
Site Location Map
Review #1 Staff Comments
Proposed Grading Plan (Currently Under Review)
CC: Darren Lazan, 105 South Fifth Avenue, Suite 513, Minneapolis, MN 55401
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND
RECLAMATION AT PID# 07-32-24-34-0003; 07-32-24-33-0001 and 07-32-24-23-0002,
LEGALLY DESCRIBED AS:
PID# 07-32-24-34-0003:
THE SE1/4 OF SW 1/4 OF SEC 7 TWP 32 RGE 24, EX THAT PRT DESC AS FOL: BEG AT
NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE 975.88
FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH
S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00
DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO
4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD
NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF
12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR
& ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG
37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RD, SUBJ TO EASE OF REC
PID# 07-32-24-33-0001:
THE SWIA OF SWI/4 OF SEC 07 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC
PID#07-32-24-23-0002:
SW1/4 OF THE NW1/4 OF SEC 7 T32 R24 TOG/W THAT PRT OF THE NW1/4 OF THE
NW1/4 SD SEC DESC AS FOL: COM AT THE INTER OF THE NLY EXTN OF THE WLY
LINE OF THE PLAT OF GROW OAK VIEW ESTATES & THE N LINE OF S D 1/4,1/4, TH S 0
DEG 26 MIN E ALG SD WLY LINE & EXTN 1287 FT TO THE POB, TH W PRLL/W SD N
LINE 338.46 FT, TH S 0 DEG 26 MIN E TO THE S LINE OF SD 1/4,1/4, TH ELY ALG SD S
LINE TO THE WLY LINE OF SD P LAT, TH NLY ALG SD WLY LINE TO THE POB; EX RD;
SUBJ TO EASE OF REC
WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation of
up to 50,000 cubic yards of soil and 10,000 cubic yards of soil; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on November 14, 2023;
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 two stockpiles one
up to 50,000 cubic yards of soil and the other up to 10,000 cubic yards of soil on property with the
following conditions:
1. Soil shall not be placed within wetland, floodplain or right-of-way areas without first
obtaining any required approvals and completing any required mitigation.
2. The stockpile shall only be comprised of excess material from the Legacy at Petersen
Farms plat boundary and areas encompassed within the Preserve/Meadows/Legacy at
Petersen Farms Planned Unit Development area.
3. 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.
4. All material shall be utilized in compliance with the City requirements.
5. Hours of operation shall be restricted to the normal construction hours as regulated by
City Code 5-6-3.
6. Slopes shall not exceed 3 to 1 on umnaintained areas, and not exceed 4 to 1 on
maintained areas.
7. 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.
8. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of-
way unless approved by the City Engineer.
9. No stockpile shall occur within the Sight Triangle of the future alignment of 170Th
Avenue NW and County Road 7.
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, including but not limited to obtaining an
approved grading plan from the City Engineering Department.
12. Any future mining or land reclamation with fill in excess of 400 cubic yards shall require
a new IUP.
13. Applicant shall not place stockpiles on possible septic locations.
14. Permit shall expire once 90% of the lots within the 3d Phase are constructed, or by
September 1, 2026, whichever is sooner.
15. Upon expiration, excess material in stockpiles shall be disposed of off-site and not be
hauled along streets within the plat. If material is to be moved within the City another
permit may be required.
Adopted by the City Council of the City of Andover on this 21" day of November 2023.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk Sheri Bukkila, Mayor
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# 07-32-24-34-0003; 07-32-24-33-0001 and 07-32-24-23-0002,
LEGALLY DESCRIBED AS:
PID# 07-32-24-34-0003:
THE SE1/4 OF SW 1/4 OF SEC 7 TWP 32 RGE 24, EX THAT PRT DESC AS FOL: BEG AT
NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE 975.88
FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN O1 SEC E 240 FT, TH
S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00
DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO
4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD
NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF
12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR
& ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG
37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RD, SUBJ TO EASE OF REC
PID# 07-32-24-33-0001:
THE SWI/4 OF SWI/4 OF SEC 07 TWP 32 RGE 24, EX RD, SUBJ TO EASE OF REC
PID#07-32-24-23-0002:
SW 1/4 OF THE NW 1/4 OF SEC 7 T32 R24 TOG/W THAT PRT OF THE NW 1/4 OF THE
NWIA SD SEC DESC AS FOL: COM AT THE INTER OF THE NLY EXTN OF THE WLY
LINE OF THE PLAT OF GROW OAK VIEW ESTATES & THE N LINE OF S D 1/4,1/4, TH S 0
DEG 26 MIN E ALG SD WLY LINE & EXTN 1287 FT TO THE POB, TH W PRLL/W SD N
LINE 338.46 FT, TH S 0 DEG 26 MIN E TO THE S LINE OF SD 1/4,1/4, TH ELY ALG SD S
LINE TO THE WLY LINE OF SD P LAT, TH NLY ALG SD WLY LINE TO THE POB; EX RD;
SUBJ TO EASE OF REC
WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation of
up to 50,000 cubic yards of soil and 10,000 cubic yards of soil; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on November 14, 2023;
and,
WHEREAS, the Planning and Zoning Commission finds the request would 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 denial of the
interim use permit; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the Planning and Zoning Commission and denies the interim use permit to allow for the
mining and land reclamation of two stockpiles one up to 50,000 cubic yards of soil and the other up
to 10,000 cubic yards of soil on property for the following reasons:
1.
2.
3.
Adopted by the City Council of the City of Andover on this 21' day of November 2023.
CITY OF ANDOVER
ATTEST:
Michelle Harter, Deputy City Clerk
Sheri Bukkila, Mayor
APPROXIMATE LOCATION OF STOC{PILES
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN GOV
MEMO/PdMDOM
TO: Joe Janish, Community Development Director
FROM: David Berkowitz, Director of Public Works/City Engineer -DD -is
Jason Law, Assistant City Engineer
DATE: October 30, 2023
REFERENCE: Legacy at Petersen Farms / Interim Use Permit / Review #1
The following comments are regarding Review #1 of the Stockpile IUP•
1. Add the following notes to the submitted plan sheet: 1) Maximum side slopes of stockpile shall be 3:1
and maximum height shall be 30' 2) Stockpile shall be restored /vegetated within 7 days of grading
completion 3) Silt fence shall be maintained around the base of the stockpile until removed.
2. Staff recommends a sunset date be included as a condition of the IUP approval. The soil stockpiles shall
be removed and the disturbed areas revegetated once 90% of the lots within the Yd Phase are constructed,
or by September 1, 2026, whichever is sooner.
3. The streets adjacent to and wherever stockpiled material is moved to shall be swept as needed, which
shall be the responsibility of the developer.
4. If there is excess material in stockpiles as the IUP expires, excess material shall be disposed of off-site
and not be hauled along streets within the plat.
5. Make sure the northerly stockpile location does not go on top of a future septic drain field.
6. Additional comments pending further review.
Note: It is a requirement that the Developer respond to each of these items in writing (eet digital cony from City
_and type responses below orieinal 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.
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FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO:
CC:
FROM:
SUBJECT
FINIP
Planning & Zoning Commissioners
Joe Janish, Community Development Director
Peter Hellegers, City Planner
Public Hearing: Consider a variance for the width of an access road to a single-family
home to be located at 2274 1641 Avenue NW (PID 15-32-24-22-0015) — Shawn Mars
(Applicant)
November 14, 2023
BACKGROUND
A variance is a way that cities may allow a specific property to deviate from a dimensional standard in City
Code based on a unique attribute of the property. The City must consider specific review criteria from
Minnesota State Statute, and in Andover City Code, when reviewing a variance request. This variance
criterion is included later in this report. If a variance is approved, it becomes a property right which runs
with the land.
The subject property is zoned R-1: Single Family Rural
Residential and is generally located north of 16151 Avenue
NW, east of Verdin Street NW, south of 164' Avenue
NW, and west of Raven Street NW. An aerial map of the
property location is included with this packet.
Historic & Existing Conditions
Properties to the north and west were all platted as part of
the Kimberly Oaks development (2005), while the lots to
the southeast were platted as part of the Langsfelds
Oakridge Estates development (1998), but this parcel was
not platted with either development.
The subject property was shown as Outlot B on the
Preliminary Plat for Kimberly Oaks but was left off the
2274
'5t5TLN 0
Final Plat for Kimberly Oaks from 2005. Due to the
Figure ! - Location Afap
large areas of wetland across the front, drawings from the
plat process contemplated either a long driveway from
164' Avenue or an extension of Raven Street into the southeasterly portion of the subject property which
would also have to cross wetlands from the property to the south. At the time of the Final Plat in 2005,
staff noted that the ability to access the upland area of the subject property had not been demonstrated and
suggested combining Outlot B with the larger 40 -acre parcel to the east. This language was included in
the approved resolution, but both parcels remain separate.
There is an upland area of approximately 73,000 square feet at the back of the subject property, where a
house is now proposed, which should more than accommodate the 8,600 square feet of upland area
required for a rural lot; including the area for the house (3,600 sf) and the septic system (5,000 sf). The
upland area also appears to be commensurate with that of properties in the adjacent Kimberly Oaks
development.
0
Figure 2 - Topography (Floodplain/NWI) Figure 3 -Aerial (Floodplain/NWI)
The applicants are requesting a variance from the access drive width requirement established by City Code
12-4-2 (13): Lot Provisions, which requires that a 20 -foot -wide access drive be provided for every principal
building which is 300 feet or more from a thoroughfare or street.
The table below compares the Citv Code requirements to the variance renuest
*As part of the applicant's request they propose to build a portion of the access drive at the
required 20 foot width on a segment of higher ground elevation where they could accommodate
the wider drive as an "upland passing area" (see exhibit provided in the attachments).
In their narrative for this variance application, the applicants state that the buildable area of the lot is
approximately 350 feet from the closest street (164' Avenue NW). Since the access drive would have to
cross wetland to reach the buildable area, the applicants note that they have been in contact with wetland
regulatory agencies to discuss wetland fill for an access to the buildable area. The proposed curved
alignment (see Exhibit A -D) would transverse about 150 feet of wetland versus 275 feet if they tried to
build the driveway in a straight line from the house to the street. The applicant's narrative also states that
the regulatory agencies have said that they would only consider access alternatives that have the least
direct and indirect wetland impacts and have required the applicant to petition for the variance for the
width of the access drive.
Review Criteria
City Code 12-15-9 establishes review criteria for considering a variance request and states that variances
shall only be permitted when they are in harmony with the general purposes and intent of the official
control and when the variances are consistent with the comprehensive plan. Variances may be granted
when the applicant for the variance establishes that there are practical difficulties in complying with the
official control. "Practical difficulties" as used in connection with the granting of a variance, means:
1. The property owner proposes to use the property in a reasonable manner not permitted by an
official control.
2. The plight of the landowner is due to circumstances unique to their property not created by the
landowner.
3. The variance, if granted, will not alter the essential character of the locality.
City Cade Requirements
Variance Request
Difference
Access Drive
1 20 ft
12 ft
*8 ft
*As part of the applicant's request they propose to build a portion of the access drive at the
required 20 foot width on a segment of higher ground elevation where they could accommodate
the wider drive as an "upland passing area" (see exhibit provided in the attachments).
In their narrative for this variance application, the applicants state that the buildable area of the lot is
approximately 350 feet from the closest street (164' Avenue NW). Since the access drive would have to
cross wetland to reach the buildable area, the applicants note that they have been in contact with wetland
regulatory agencies to discuss wetland fill for an access to the buildable area. The proposed curved
alignment (see Exhibit A -D) would transverse about 150 feet of wetland versus 275 feet if they tried to
build the driveway in a straight line from the house to the street. The applicant's narrative also states that
the regulatory agencies have said that they would only consider access alternatives that have the least
direct and indirect wetland impacts and have required the applicant to petition for the variance for the
width of the access drive.
Review Criteria
City Code 12-15-9 establishes review criteria for considering a variance request and states that variances
shall only be permitted when they are in harmony with the general purposes and intent of the official
control and when the variances are consistent with the comprehensive plan. Variances may be granted
when the applicant for the variance establishes that there are practical difficulties in complying with the
official control. "Practical difficulties" as used in connection with the granting of a variance, means:
1. The property owner proposes to use the property in a reasonable manner not permitted by an
official control.
2. The plight of the landowner is due to circumstances unique to their property not created by the
landowner.
3. The variance, if granted, will not alter the essential character of the locality.
4. Economic considerations alone do not constitute practical difficulties.
As practical difficulties must be established by the applicant, a letter submitted by the applicants is attached
for review as an exhibit as well as some supporting information.
The City Council may also impose reasonable conditions on the granting of a variance request. A
condition must be directly related to and must bear a rough proportionality to the impact created by the
variance. As practical difficulties must be established by the applicants, a letter submitted by the
applicants is attached for review as well as other materials submitted by the applicant in support of their
request.
Analysis of Variance Request
The applicants' narrative addresses items for the practical difficulties findings. These include that they
propose to use the property in a reasonable manner by providing an access drive to reach a single-family
home they would build on the property, that there are unique circumstances based on the wetland area that
they must cross to reach the upland area of the lot and the requirements to minimize wetland impacts, and
the essential character would not be harmed as the variance would allow them to construct a single-family
home which is consistent with the comprehensive plan. While economic considerations are certainly
present, there are significant topographic issues which are specific to the property due to the wetlands and
floodplain. The challenges posed by the wetlands at the front of the subject property, as well as the
additional wetland requirements, appear to be the main considerations for practical difficulties in the
proposed variance request.
ACTION REOUESTED
The Planning & Zoning Commission is requested to hold a public hearing on the variance request,
compare the variance request to the review criteria of City Code 12-15-9, and make a recommendation to
the City Council based on findings of fact.
Res fiilly 7�ritted,
1, /
Pet Beers
City Planner
Attachments
Draft Resolution of Approval
Draft Resolution of Denial
Location Map — Aerial
Anoka County Half Section Map
Applicant's Materials: Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Narrative and Legal Description
20 -Foot Drive with 4:1 Slopes
12 -Foot Drive with 3:1 Slopes
Vegetative Buffers
Survey
General Management Concepts for All Natural Areas
CC: Shawn Mars, Applicant (via email)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
INMIM
[�7
A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 2274
164TH AVENUE NW; PID# 15-32-24-22-0015 LEGALLY DESCRIBED AS FOLLOWS:
THE NW/40F NW/40F SEC 15 TWP 32 RGE 24, EX S 16.5 FT THEREOF,
ALSO EX PRT PLATTED AS KIMBERLY OAKS, EX RD,
SUBJ TO EASE OF REC
WHEREAS, Shawn and Stephanie Mars are the owners of a parcel of land located at 2274 164th
Avenue NW, Andover, Minnesota with Parcel ID Number 15-32-24-22-0015; and,
WHEREAS, Shawn and Stephanie Mars have applied to the City for a variance to the access
drive width requirement; and,
WHEREAS, the proposal would vary from City Code 12-4-2: Lot Provisions in that it would
decrease the access drive width from 20 feet to 12 feet, and provide a n upland passing area
section that is 20 -feet -wide, as shown on Exhibit C; and,
WHEREAS, the Andover Review Committee has reviewed the variance requests; and,
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission held a public hearing on November 14, 2023;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the variance request; and,
WHEREAS, the City Council completed a review of the variance request along with the
recommendation of the Planning and Zoning Commission; and,
WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning
Commission and approves the variance request to reduce the access drive width from 20 feet to
12 feet, and provide a 20 -foot -wide upland passing area, as shown on Exhibit C; and,
WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City
Council finds the following findings of fact to support the approval of the variance request:
1.
2.
3.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the variance request with the following conditions:
1. All necessary permits shall be obtained from any agency having an interest in
improvements constructed on the property.
2. The applicant shall provide the city with drainage and utility easements of 10 -feet along
all property lines and over areas below the 100 -year high-water level.
3. Park / Trail dedication fees may be required at the time of the Building Permit.
4. Applicant will still need to provide lot buildability information at the time of building
permit, including geotechnical report, soil boring, septic, and similar information.
5. Access drive/driveway shall be consistent with Exhibit C, including wider `Upland
Passing Area' portion of the access drive.
6. Pursuant to City Code 12-15-9-E-6, if the City Council determines that no significant
progress has been made within the first twelve (12) months after the approval of the
variance, the variance will be null and void.
Adopted by the City Council of the City of Andover this _th day of November 2023.
CITY OF ANDOVER CITY OF ANDOVER
Michelle Hartner, City Clerk
Sheri Bukkila, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DENYING A VARIANCE FOR THE PROPERTY LOCATED AT 2274
164TH AVENUE NW; PID# 15-32-24-22-0015 LEGALLY DESCRIBED AS FOLLOWS:
THE NW/40F NW/40F SEC 15 TWP 32 RGE 24, EX S 16.5 FT THEREOF,
ALSO EX PRT PLATTED AS KIMBERLY OAKS, EX RD,
SUBJ TO EASE OF REC
WHEREAS, Shawn and Stephanie Mars are the owners of a parcel of land located at 2274 164'
Avenue NW, Andover, Minnesota with Parcel ID Number 15-32-24-22-0015; and,
WHEREAS, Shawn and Stephanie Mars have applied to the City for a variance to the access
drive width requirement on the subject property; and,
WHEREAS, the proposal would vary from City Code 12-4-2: Lot Provisions in that it would
decrease the access drive width from 20 feet to 12 feet, and provide a n upland passing area
section that is 20 -feet -wide, as shown on Exhibit C; and,
WHEREAS, the Andover Review Committee has reviewed the variance requests; and,
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission held a public hearing on November 14,2023;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
variance request; and,
WHEREAS, the City Council completed a review of the variance request along with the
recommendation of the Planning and Zoning Commission; and,
WHEREAS, the City Council agrees with the recommendation of the Planning and Zoning
Commission and denies the variance request to reduce the access drive width from 20 feet to 12
feet; and,
WHEREAS, based on the criteria for granting a variance under City Code 12-15-9, the City
Council finds the following findings of fact to support the denial of the variance requests:
1.
2.
3.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
denies the variance request to reduce the access drive width from 20 feet to 12 feet.
Adopted by the City Council of the City of Andover this th day of November 2023.
CITY OF ANDOVER CITY OF ANDOVER
Michelle Harmer, City Clerk Sheri Bukkila, Mayor
C I T Y O F
NDOVER Site Location — Parcel ID: 15-32-24-22-0015 (2274 164th Ave NW)
Date Created October 24, 2023
Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data.
29
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EXHIBIT A
Description of Request
2274164th Ave NW
We are creating the plans to add a driveway on the lot listed above. The
buildable area of the lot is separated from the street by wetland that also is part
of the floodplain. Normally the width of a driveway is 12', but because of the
length of the driveway, code requires a minimum width of 20'. In addition, code
requires the slope from the edge of the driveway to the existing elevation of the
wetland be 4:1.
BACKGROUND:
We purchased the 5.94 -acre legal lot of record in 2017. The lot is zoned R1
Single Family Rural Residential. The buildable area is approximately 350 feet
from the existing 164th Avenue Northwest cul de sac and requires crossing
regulated wetland and floodplain.
Andover Code 12-4-2-B requires an "Access Drive" to every principal building
that is three hundred feet (300') or more from a thoroughfare or street. (amd. Ord.
314, 10-4-2005). An "Access Drive" is defined by Section 12-2-2 as "A road with
a width of at least twenty feet, as required by Fire Code, constructed of material
that can provide all-weather driving capabilities for emergency vehicles. (amd.
Ord. 314,10-4-2005)".
The wetland habitat is regulated by both the Federal Clean Water Act
implemented by the United States Army Corps of Engineers and the Minnesota
Wetland Conservation Act implemented by Lower Rum River Water Management
Organization with input from the Technical Evaluation Panel consisting of
Minnesota Board of Water and Soil Resources, Anoka Conservation District, and
Minnesota Department of Natural Resources.
Wetland fill permit authorizations will require compensatory mitigation at a 2:1
ratio; i.e. two square feet of mitigation bank credit purchased at $6.00 for every
one square foot of wetland impacted. The floodplain is regulated by the City of
Andover and will require 1:1 compensatory volume mitigation; i.e. for every 1
cubic yard of material placed below the 100 -year base flood elevation one cubic
yard will need to be excavated to ensure no net loss of flood water storage
volume. We have met with wetland regulatory agencies to discuss wetland fill
permit applications. All agencies stated that any wetland application will need to
evaluate various access alternatives and only the alternative having the least
amount of direct and indirect wetland impact can be considered for approval. In
addition, all agencies are requiring us to apply for this variance as they believe
the additional impact of a 20 foot wide driveway with 4:1 does not outweigh the
possible benefits.
REQUEST:
City code requires an access drive at least 20 feet in width having 4:1 side
slopes. We would request a variance to reduce the drive width to 12 feet wide
with 3:1 side slopes from the curb to the area annotated as "Upland Passing
Area" on the 12 -FT DRIVE W13:1 Slopes Exhibit, which is about 260', where the
driveway would expand to 20 feet wide with 4:1 slopes for about 75 feet where
the upland area ends, and then reduce back to 12 feet wide with 3:1 slopes to
the building. This request allows for the safe passage of emergency vehicles to
pass one another at a wider junction without having to travel beyond the 300 foot
threshold stated in the city code; while also preventing as much impact to
wetlands and the floodplain as possible.
The National Association of City Transportation Officials (NACTO) recommends a
default of 10 -foot lanes in urban areas. For truck or transit routes, one travel lane
of 11 feet may be used in each direction.
Requiring an access drive having 20 feet width plus 4:1 side slopes seems
excessive for serving a Ione, single family residential home. Traffic is expected to
be low speed and only traveling one -direction.
In addition, reducing access drive width will reduce permanent loss of wetland
habitat, reduce the amount of hardcover runoff, reduce the amount of vegetation
cleared and removed, reduce the chances of sediment and erosion to the
wetland, preserve greater wildlife and song bird habitat, reduce the amount of
wetland mitigation required, reduce the amount of material trucked in and
associated construction traffic, reduce direct floodplain impacts, reduce the
amount of excavation required for floodplain mitigation.
One of the biggest differences in impacts to widening the driveway would be the
loss of natural vegetative buffers. The importance and guidelines to manage
natural vegetative buffers is stated in the City of Andover's General Management
Concepts for all Natural Areas. In the document section, Maintain Undisturbed
Vegetative Buffers Around Natural Areas, states:
"Buffers reduce the impacts of surrounding land uses by stabilizing
soil to prevent erosion, filtering pollutants, providing habitat areas
and cover for animals, and reduce problems related to human
activities by blocking noise, glare from lights and reducing
disturbance."
"Landowners should avoid cutting vegetation, dumping grass
clippings or other debris, and trampling vegetation within buffers."
"City trail systems should not be located where they defeat the
purpose of natural buffers."
On Exhibit titled "Vegetative Buffer Exhibit" you will see that reducing the
requirement from a 20' driveway with 4:1 slope to a 12' driveway with a 3:1 slope
reduces the impact of vegetative buffers from 415 linear feet to 220 linear feet.
Andover has recognized the importance of natural vegetative buffers and
adopted a policy to protect them even to the degree that the City of Andover
should not locate city trails where they are located. As such, the city should
recognize in this situation that the City's policy to protect natural vegetative
buffers in wetlands is in conflict with the city's code for Access Drive and be open
to our request, which will allow safety vehicles safe access to the property while
also doing it's best to protect and maintain the benefits to as much natural
vegetative buffers as possible.
Alternative
Width
Slope
Wetland
Floodplain
Wetland
Vegetative
Impact
Impact
Credit
Buffer
Cost
Code
20'
4:1
6,306 SF
18,574
$37,836
415 LF
Standard
CF
Variance
12'
3:1
3,750 SF
11,056
$22,500
220 LF
CF
Difference
8'
1:1
2,556 SF
7,518 CF
$15,336
195 LF
We understand that economic considerations alone do not constitute practical
difficulties, however the expense for wetland credits alone on a 12' driveway with
a 3:1 slope is already going to cost $22,500. Increasing the requirement to 20'
with 4:1 slopes will require the purchase of an additional 5,112 wetland credits.
Which will be a $15,336 increase in expenses, which we feel is an excessive
amount of money for a family to absorb, just to get permission to put in a
driveway.
Therefore, we believe the impacts to the habitat, wetland, and floodplain along
with an unreasonable expense outweigh the unlikely benefits of denying the
request.
Summary of Practical Difficulties:
• The property owner proposes to use the property in a reasonable manner
not permitted by and official control:
o I am proposing to construct a home on the property. If the driveway
width of 20 feet is enforced on this particular property the wetland
impacts and floodplain impacts are significantly more than what are
proposed tonight. A deviation will allow for a smaller impact to the
wetlands.
• The plight of the landowner is due to circumstances unique to the property
not created by the landowner:
o The lot has wetlands at the front of the property which is also part of
the floodplain. The buildable portion of the property is located further
back requiring the need for a driveway longer than 300 feet. City
code requires driveways over 300 feet to be 20 feet in width for
emergency access. Unfortunately, if the driveway is constructed to
City Code requirements the impacts to the wetland increases by
2,556 square feet and the floodplain impacts increase by 7,518 cubic
feet. The proposal this evening would widen a portion of the
driveway in a location that would allow emergency vehicles to pass
without traveling more than 300 feet and would assist in limiting the
wetland impacts and floodplain impacts. If the wetlands and
floodplain did not require the home to be built 300 feet further into
the lot, it would be possible to have the home closer to the roadway
and would not require the 20 foot width.
• The variance, if granted, will not alter the essential character of the locality:
o The area currently has several homes on acreage. The proposal is
to have a single family home constructed, and minimize wetland and
floodplain impacts to the minimum necessary to gain access to the
home. The proposal tonight will create a "bypass" area for
emergency vehicles to pass if needed on an existing portion of
higher ground.
• Economic consideration alone do not constitute practical difficulties:
o It is true that a narrow driveway will have less of a financial cost,
however the main practical difficulty is to minimize the impacts to
existing wetlands and floodplain in the area with the construction of a
narrower driveway.
Thank you for your time and consideration,
Shawn and Stephanie Mars
Legal Description:
THE NW1/4 OF NW1/4 OF SEC 15 TWP 32 RGE 24, EX S 16.5 FT
THEREOF, ALSO EX PRT PLATTED AS KIMBERLY OAKS, EX RD,
SUBJ TO EASE OF REC
PIN: 15-32-24-22-0015
164TH
AVE
NW
E T L A N D
WRANO AREA — 12(LiM S.F. (ZM ACRES)
8n56 nna0 n Ana - 692A(NAW M)
(PER OW Y M'DOY )
FX141RIT o
2274 164TH AVE NW
20 -FT DRIVE W/ 4:1 SLOPES
ANDOVER,MN
GRAPHIC SCALE
0 25 50
1 INCH= 50 FEET
(8.5' x 11")
UNE 22, 2023
ZONE AE,
WEf DENOTES DELINEATED WETLAND Y
DENOTES WETLAND FILL �13N
TOTAL WETLAND FILL = 6,306 SF
= 0.1448 AC
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Nle lnesdav, June 2 L 2021 9.30. 19 AM
Pro
Drive
posed
d
12 -FT DRIVE W/ 3:1 SLOPES EXHIBIT
EXHIBIT C
,41TH 2274 164TH AVE NW
12 -FT DRIVE W/ 3:1 SLOPES
ANDOVER,MN
GRAPHIC SCALE
..
0 25 50
MPT
T 1 INCH = 50 FEET
(8b' x 11')
JUNE 22, 202'+
W E T L A N D Upland
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CDENOTES DELINEATED WETLAND ti
DENOTES WETLAND FILLS s
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TOTAL WETLAND FILL = 3,750 SF l
= 0.0861 AC
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VEGETATIVE BUFFER EXHIBIT EXHIBIT
2274 164TH AVE NW
12' and 20' OVERLAY with BUFFER
ANDOVER. MN
WFT owr
W E T L A N D
RANO NRA . 12061M U. (IT wa)
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WZT DENOTES DELINEATED WETLAND
DENOTES WETLAND FILL 20' 4:1
DENOTES WETLAND FILL 12' 3:1
DENOTES ADDITIONAL
- VEGETATIVE BUFFER +�
12'VEGETATIVE BUFFER IMPACT 220 LF
20' VEGETATIVE BUFFER IMPACT 415 LF
DIFFERENCE 195 LF
—_WET— —+rr
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GRAPHIC SCALE
0 25 50
1 INCH = 50 FEET
18.5' x 117
JUNE 22, 20?
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EXHIBIT F
General Management Concepts for all Natural Areas
Develop site specific natural resource management plans
Having a plan to work from, whether it is highly detailed or general in nature is important to
managing natural areas under the care of the city. Having a city-wide plan for natural areas
management will help staff prioritize sites for management and to develop anticipated
budgetary, equipment, and staff needs for these activities. Importantly, having a written
management plan in place is looked upon favorably, and often required, to be eligible for
grant funding.
Developing a site specific management plan generally includes the following:
Site inventory
Development of restoration goals/targets
Descriptions of management activities, their sequence, timing, and estimated cost
Identification of methods for monitoring (that fit resources available to do so)
Potential sources of outside funding
Typically, management plans can be written with a significant level of detail for the first three
to five years (sometimes out to 10 years), especially if the area will be intensively managed,
the composition of the area to be managed is relatively simple, and implementing staff are
offered the opportunity to remain focused on a goal. Because natural systems and their
interactions are difficult to predict with certainty, and depending on how the initial stages of
restoration are carried out it is difficult to develop specific activities beyond 10 years. Adaptive
management is important in natural areas management, meaning the plan should be revisited
and touched -up periodically. This is something that can be done by city staff, or hired out
after the initial plan is developed.
The time and cost of developing a site management plan varies based on the desired level of
detail, the number/complexity of natural areas, size of the site, influence and interaction with
surrounding land use/landowners and other factors. For most sites, developing a reasonably
detailed management plan requires between one and three weeks of staff ecologist time, or if
hiring a consultant between $3,500 and $10,000. Most sites visited in this study would fall into
the middle of this cost range for developing individual site management plans.
Maintain and Link Together Larger Tracts of Significant Natural Areas
Connectivity and size are both important factors affecting the function of natural areas. As a
general rule, the larger an area is, the greater the diversity of plants and animals present.
Larger natural areas are also more stable and able to withstand the affects of naturally
occurring events such as drought, insects and disease, and windstorms. For these reasons,
the largest high quality natural areas should be given the highest priority for protection and
management. Smaller patches of natural communities and sites with good restoration
potential should then be used to link larger areas together. Linkages should consider corridors
and natural areas outside the City as well as features within the City. For example, Coon
Creek is a naturally occurring corridor in the city. Although the plant communities adjacent to
Coon Creek are not of high quality, currently, the corridor itself serves as a good example of a
natural "backbone" to a greenway corridor plan. Other natural alignments exist along the
Rum River and existing parks. Likewise, railroad corridors can be important spokes in a
greenway system. Despite the fact that railroads are narrow, they often host native plant
communities (quite true in the case of Andover), but low traffic volume rail lines not only have
less disturbance from passing trains, but tend to be less invasively/frequently maintained, also
benefiting native plants and animals.
Maintain Undisturbed Vegetative Buffers Around Natural Areas
A buffer of undisturbed vegetation can provide a variety of benefits. The buffer should consist
of a mixture of trees, shrubs, grasses and forbs, with the mixture dependent on the specific
site. Buffers reduce the impacts of surrounding land uses by stabilizing soil to prevent erosion,
filtering pollutants, providing habitat areas and cover for animals, and reduce problems related
to human activities by blocking noise, glare from lights and reducing disturbance. Even
relatively narrow buffers of undisturbed vegetation can provide some benefits, but wider
buffers will provide additional screening, water quality, and habitat benefits. Buffers will be
most effective if most or all of the landowners around a natural area cooperate to make a
continuous buffer. Landowners should avoid cutting vegetation, dumping grass clippings or
other debris, and trampling vegetation within buffers. If a path is desired through the buffer,
it should be mown or cut only as wide as is necessary for walking, and located so that it does
not encourage erosion. Likewise, City trail systems should not be located where they defeat
the purpose of natural buffers.
Use Plant Species Native to the Area.
Native trees, shrubs, grasses and forbs can be planted in buffer areas or in degraded portions
of natural areas. Species planted should be indigenous to the region (species lists are
available from the Minnesota DNR). Plant species should be chosen based on the specific
characteristics of the site including soils, slope, aspect and adjacent natural community types
and quality. If possible, restore the site to the original natural community type that existed
before conversion (i.e., prairie, oak forest).
Control Invasive Exotic Species
A number of nonnative species (sometimes called "exotics' are either currently a problem or
have potential to be a problem. These include European buckthorn (Rhamnus cathartica),
Tartarian honeysuckle (Lonicera tatarica), Siberian elm (U/mus pumi/a), reed canary grass
(Pha/arisarundinacea), smooth brome (Bromusinermis), leafy spurge (Euphorbia esu/a), giant
reed grass (Phragmites austra/is), Absinthe sage (Artemisia absinthium) and purple loosestrife
(Lythrum sa/icaria), among others. For a complete list of species considered invasive by the
Mn DNR, see htti)://www.dnr.state.mn.us/invasives/index.html
These plants invade native plant communities and can take over rapidly, eliminating native
plants and leading to a loss of plant diversity and wildlife habitat. Often, disturbances from
new road or home site construction serve as a pathway for introduction of these species to a
natural community not yet invaded by exotic species. To control invasion by exotics, minimize
disturbance to natural areas and surrounding buffer areas as much as possible, and avoid
planting or providing openings for exotics to invade. Small populations of exotics may be
controlled by hand removal or through direct application of appropriate herbicides.
Maintain and Place Habitat Structures Where Appropriate
Natural areas provide important habitat for many species of wildlife. Although it is not of the
highest priority, adding wood duck nest boxes and other types of artificial nesting structures
can augment habitat. Retaining or adding stones, logs, and dead trees in select re-
weevils, have also shown promise recently in managing purple loosestrife. Hand removal
of exotics by digging may be effective in areas where invasions are limited. In forested
wetlands, buckthorn removal may be required, using cutting and herbicide treatments.
Use herbicides that are licensed for use in wetland areas.
• Establish a vegetative buffer around wetland areas, to filter runoff, slow stormwater flows,
and provide essential upland habitat needed by many species that use both wetlands and
uplands as habitat during their lifecycles. Prohibit cutting, dumping or other alteration of
buffers,
• Plant native wetland and upland plants in constructed wetlands and buffers. Plantings
should use locally native species, and may include aquatic plants, grasses, (orbs, shrubs
and trees to provide structural diversity and improve habitat.
• Maintain dead and fallen trees or add nesting structures if desired to improve wildlife
habitat.
• Monitor management efforts and revise strategies as needed to meet goals.
Suggested additional online resources for prairie management in Minnesota can be found at:
• Michigan DNR online resources for habitat management (wetland, prairie, forest) at:
htto•//www michigandnr com/publications/pdfs/huntingwildlifehabitat/Landowners Gui
de/Introduction/index.htm
• An Introduction and User's Guide to Wet/and Restoration, Creation and Enhancement.
http://www nmfs noaa ciov/habitat/habitatconservation/publications/introfinal.I)dfwetla
nd (heavy on reconstruction of wetlands and hydrology)
• Habitat Management Guide (written by Ducks Unlimited for the Ohio area and geared
more toward construction of wetlands through impoundments in farm lands):
http://www.erie-county-ohio.net/eswcd/pdf/LandownerGuide 000.1)df
• MN DNR Wetlands webpage: http://www.dnr.state.mn.us/wetlands/index.htmi
Forest Management
Most of the forest areas in the area have been grazed at varying levels, and in some cases
were logged. Forest communities are often associated with ravines and steep slopes and are
therefore sensitive to the impacts of erosion and sedimentation. In addition, roads and trails
frequently fragment forest communities. All of these activities encourage invasion by
aggressive exotic species -particularly buckthorn and Tartarian honeysuckle. Fragmentation
also reduces the value of the forest community for wildlife species such as migratory
songbirds that require "interior" forest areas that are well buffered from human disturbances.
Following are management strategies for maintaining and restoring the diversity and health of
forest communities:
• Avoid cutting trees in areas containing exotic shrub species. Where cutting trees is
necessary, cut exotic shrubs and treat with a basal application of an appropriate herbicide.
Where developments are proposed within or adjacent to forest areas, removal and
treatment of exotic shrubs could be incorporated into the overall site preparation process.
• Slow growing and mast -bearing trees such as oak and hickory should be given particular
protection due to their value to wildlife. Other trees through their seeds or buds also
serve as important food sources for wildlife; these include maples, elms, aspens,
basswood and birch.
• Large trees, particularly those containing cavities, should not be removed unless absolutely
necessary. Dead standing and down trees should likewise not be removed unless they
present a safety hazard. While humans perceive a forest with dead trees as messy, dead
trees are important because they harbor a high diversity of plants and animals throughout
their decomposition cycle. (Note that sanitation cuts may be necessary where oak wilt or
Dutch elm disease is present)
• Encourage removal of weedy and/or exotic tree species such as Siberian elm, boxelder,
Russian olive, black locust and eastern red cedar. Plant higher value native trees and
shrubs back into forests following removal. The Andover Tree Book is a good source for
planting recommendations.
• Oak forest communities are adapted to fires and can often be improved through
prescribed burns. Prescribed burns will generally increase diversity of grasses and forbs,
encourage oak seedling germination and kill back exotic or invasive shrub species. Where
oak forest communities occur adjacent to prairie and savanna communities, fires from
prescribed burns should be allowed to burn into the oak forest. Burn more frequently in
early years and less frequently as exotic species are controlled. Include both spring and
fall burns in the management regime.
Maple -basswood and lowland hardwood forest communities are generally not adapted to
fires and should not be burned, or burned very infrequently (every 20+ years).
Oak wilt is of particular concern on the Anoka Sand Plain. It is spread by construction activity
or other root/top damage during the growing season. Canopy openings created by oak wilt
can augment invasion by exotic species if not replanted or managed to restore oak woodlands.
oak trees should not be cut, pruned or injured between April 15 and July 1 of each year.
Exposed roots injured by construction activities facilitate the spread oak wilt infection. A
vibratory plow can be used to sever roots along the edge of any construction area prior to
beginning work. This can prevent the transfer of the oak wilt fungus between individual trees
through grafted roots and allow for regeneration at the point of cutting. If vibratory plowing
is used, the disturbed ground should be restored to pre -plow contours and planted with an
appropriate native seed mix to prevent invasion by nonnative shrubs and weeds. Tree
protection zones should be fenced to prevent entry or compaction by construction equipment.
Soil and construction materials should not be stored within the tree protection zone, as this
can result in contamination.
Suggested additional online resources for prairie management in Minnesota can be found at:
• Michigan DNR online resources for habitat management (wetland, prairie, forest) at:
http•//www michigandnr com/publications/i)dfs/huntingwildlifehabitat/Landowners Gui
de/Introduction/index.htm
• "My Minnesota Woods" web page - http://www.myminnesotawoods.umn.edu/
Minnesota Cooperative Extension. There are links to educational material on forest
health, support programs, legal and financial advice, and more. You can also
participate in on-line discussions and contact natural resource professionals.
• Exotic Invasive Plant Species in Minnesota Forests
http://www.forest[ycenter.oro/libra[y.cfm?refID=76483This document provides one-
page summaries of 16 invasive plant species in Minnesota. Each description includes
good photographs, a map, and a brief discussion of the threat posed/ management
options.