HomeMy WebLinkAbout2025-02-259 C I T Y O F
ND OVE
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
February 25, 2025
Andover City Hall
Council Chambers
Workshop Meeting - 6:00 p.m.
1. Call to Order
2. Discussion — Planning & Zoning Commission Training
3. Adjournment
Planning and Zoning Commission Meeting - 7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Oath of Office — Commissioners Scott Hudson, Chuck Naughton, & Jonathan Weinhold
4. Approval of Minutes — January 28, 2025, Regular Meeting
S. Public Hearing: Sketch Plan Review for a residential subdivision using a Planned Unit
Development (PUD) — Finnes Estates — 888 Crosstown Blvd (PID# 23-32-24-11-0007) and
15540 Prairie Rd NW (PID# 23-32-24-11-0002) — Brian Jansen, Boulder Contracting
(Applicant)
6. Election of Chairperson & Vice Chairperson (effective next meeting)
7. Other Business
8. Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commission Members
COPY: Joe Janish, Community Development Director
Aidan Breen, Associate Planner
FROM: Peter Hellegers, City Planner
SUBJECT: Discussion: Planning and Zoning Commissioner Training
DATE: February 25, 2025
DISCUSSION
For informational purposes the following topics will be reviewed during the workshop:
A. Planning and Zoning Procedures
B. Open Meeting Law and Remote Meeting Participation Policy
C. Meeting Cadence
D. Other Topics/Questions
Respectfully submitted,
Peter Hellegers,
City Planner
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Planning and Zoning Commission Procedures
(Revised 2025)
A. General Information
1. Role of the Planning and Zoning Commission
The Planning and Zoning Commission serves as an advisory board
to the City Council. The seven -member board makes
recommendations to the City Council based on the city's
Comprehensive Plan, City Code, and public input. The City Council
makes all final decisions.
A summary of the types of items reviewed by the Planning and
Zoning Commission is shown in a subsequent section within this
packet.
2. Procedures
The Commission abides by the rules of parliamentary procedure
known as "Roberts Rules." A brief overview is provided within this
packet as well. Please keep in mind that the Commission does not
follow Roberts Rules "by the book" and instead uses them as
guardrails to help run an orderly and efficient meeting. A meeting
cadence example is also provided within this packet to explain
procedures within the meeting.
3. Meeting Dates and Times
The Commission typically meets on the second Tuesday and
sometimes on the fourth Tuesday of each month. Meetings are held
in the City Council Chambers at City Hall. The meetings begin at
7:00 p.m. and typically last between one and three hours. On
occasion there may be other meetings, such as workshops or open
houses, that do not occur at the regular meeting time.
4. Length of Term
Commissioners are appointed to serve three-year terms beginning in
January. Members may reapply to serve consecutive terms. At the
expiration of a term, Commissioners serve until the City Council fills
their seat.
5. Staff Reports
Staff reports will be prepared for each item on the agenda. The
reports will include general information, applicable ordinances as
well as information provided by the applicant. A packet including all
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the materials for each meeting will be available the Friday before
the meeting.
Currently packets are also delivered to Commissioner's homes on
the Friday before the meeting by an Anoka County Sheriff's
Department Community Service Officer. The City will soon be
moving to digital copies of the staff reports which will be accessible
on the 'public portal' on the City's website and would be available
on the Friday before the meeting.
6. Attendance
If you are unable to attend a meeting, please contact a staff member
in the Planning Department in advance of the meeting. This is
important to ensure that a quorum (majority) of Commissioners will
be present at each meeting. Three consecutive absences will result
in automatic removal from the Commission.
7. Payment
Commission members receive a small stipend per meeting that they
attend. Payments are made quarterly. Commissioners are asked to
fill out a W-4 form prior to receiving compensation.
8. Public Hearing Notification Process
Approximately 10 days prior to the meeting: A Public Hearing Notice
is published in the Anoka County Union Herald and a notice is also
mailed to all property owners within 350 feet of the site in the urban,
and within 700-feet of the site if it is rural. This follows the
requirements established by Minnesota State Statute for public
hearing notice and notification distances. In addition, the City of
Andover will place a sign stating "Proposed Change" on the site to
inform interested residents of the public hearing. The sign has City
contact information that residents can call for information on the
public hearing.
9. Recusal
From time to time a member of the Commission may have a conflict
of interest in an application being reviewed, in these situations
Commissioners may need to recuse themselves from the agenda
item. Please contact City staff prior to the meeting if you feel you
have a conflict of interest in a specific application. Please note that
living in close proximity to an application alone is generally not a
conflict of interest.
10. 60-Day Rule
Commissioners should generally be aware of Minnesota State
Statute 15.99, commonly referred to as the "60-day Rule", which
requires a City to make a decision on all zoning applications within
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60-days of the date of submittal, or 120-days if the City issues an
extension. If a City fails to act on the request in that amount of time,
the request is automatically approved. The underlying purpose of
the rule is to keep governmental agencies from taking too long in
deciding land use issues. City staff monitor each application for
compliance and will inform the Commission if its motion, especially
motions to table, may conflict with the rule.
B. Summary of Items Reviewed by the Planning and Zoning
Commission
The graphic below, the "pyramid of discretion," is provided as a way to
visualize how much discretion the City has when considering different
types of land use applications. Generally the City has the most
discretion when creating law (the areas in green at the base of the
pyramid), some discretion when they are acting in a quasi-judicial role
of applying the law (yellow section in the middle of the pyramid), and
the least discretion when acting in an administrative capacity.
The Planning Commission does review some items where they are
establishing laws, such as comprehensive plans, amendments and
rezonings. However, many of the items reviewed by the Planning and
Zoning Commission will be from applying law and will require particular
attention to the scope of what can be considered for that item under
City Codes and State Statute.
Q Plan
P Review
Variances
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QQ� Conditional
P Use Permits
Subdivision Applications
Zoning/Subdifon
Ordinances ?iO
Comprehensive Plan �:OX
A&:
(Cr !*L&W)
1. Comprehensive Plan
A Comprehensive Plan is a "road map" for the community. This
document establishes the vision and goals for the future of the
community and City Code is required to be consistent with the
Comprehensive Plan. As the City of Andover is part of the seven -
county metropolitan area, our Comprehensive Plan is also required
to be consistent with Metropolitan Council (Met Council) Policy
Statements and guidance from the Met Council. This plan provides
the foundation for all land use regulation in the city.
Overall the information within a Comprehensive Plan follows three
basic questions:
a. What is the state of the community today?
b. What should the community be in the future?
c. How will the community get there?
2. Comprehensive Plan Amendment
Most Comprehensive Plan Amendments (CPA) involve changes to
the Future Land Use Map. This map provides a land use designation
for each property in the city. These designations regulate the types
of activities that can occur on a property; such as residential,
commercial, or industrial development. In other cases, a CPA may
involve a change to the text of the plan to more accurately reflect
changing times and conditions. Criteria for the review of these
amendments are provided in Chapter One of the Comprehensive
Plan.
STATE LAW. All Comprehensive Plan Amendments require a 4/5ths
vote of the City Council to be approved rather than a
simple majority. Comprehensive Plan Amendments
also must be approved by the Metropolitan Council.
3. Zoning Ordinance
This is a tool to implement the comprehensive plan. Zoning is a
method of establishing a land use pattern by regulating how land is
used by owners/renters. Zoning ordinances include area standards
(size, setbacks, height, etc.), various zoning districts (residential,
commercial, industrial) with standards and allowed uses within those
zoning districts.
4. Zoning (City Code) Amendment
City Code amendments typically involve changes to the text of the
City Code. These requests can be initiated by an applicant or the
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city. In many cases changes to existing regulations are made to
reflect changes in times and conditions or to address situations that
have not previously been contemplated.
5. Rezoning
Rezoning is a change (amendment) to the city's official zoning map.
These change the zoning district of one or more properties. Zoning
districts prescribe land uses that are allowed as well as dimensional
standards for lot size, building setbacks and other items as detailed
in Title 12 of the City Code.
STATE LAW: When property is rezoned from residential to
commercial or industrial, a two—thirds majority of all
members of the city council is required. Other zoning
changes only require a simple majority, and rezoning
should be consistent with the comprehensive plan
land use map.
(Applying Law)
6. Sketch Plan (review only — no formal action)
A sketch plan allows input from the Commission on a conceptual
development proposal. The purpose is to allow a discussion
between the Commission and applicants to help determine whether
a concept has merit and what types of adjustments are needed
before proceeding to a formal recommendation by the Commission.
This is an inexpensive way to determine if what a person is asking
for is viable.
Ghost Plat
A "Ghost Plat" is not an application type, but it is related to the
process of sketch planning and property subdivision. When a
property is proposed for a new subdivision City Code requires
that the development plan show a "ghost plat" onto adjacent
properties that have not been developed. A "ghost plat" is a
reference to a conceptual development layout for surrounding
properties that is used to show how the properties around a
proposed development could develop, and that the proposed
development still leaves options for those adjacent properties.
7. Preliminary Plat
Preliminary plats involve the subdivision of one or more properties
into more than two properties. These items are more complex than
lot splits and require additional application materials including a
grading plan, storm water management plat, geotechnical report and
tree protection plan. City Code Title 11 provides specific
regulations for preliminary plats.
Is
8. Conditional Use Permit (CUP)
Conditional use permits (CUP's) are required for land uses that have
the potential for adverse impacts on adjacent properties. CUP's
allow the city to place reasonable conditions on the approval of a
project to mitigate these impacts. In some cases, with sufficient
findings, the Commission can recommend denial of a CUP if
reasonable conditions are deemed not to be sufficient to adequately
address adverse impacts on adjacent properties. The burden of
proof is the applicant's responsibility. The criteria for considering
conditional use permits are provided in City Code 12-15-7.
Criteria for granting Conditional Use Permits (CUP):
a. In granting a Conditional Use Permit, the City Council shall
consider the advice and recommendation of the Planning and
Zoning Commission and:
i. The effect of the proposed use upon the health, safety,
morals, and general welfare of occupants of surrounding
lands.
ii. Existing and anticipated traffic conditions, including
parking facilities on adjacent streets and land.
iii. The effect on values of property and scenic views in the
surrounding area, and the effect of the proposed use on
the Comprehensive Plan.
9. Interim Use Permit (IUP)
The purpose and intent of an Interim Use Permit (IUP) is a
temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no
longer permit it.
IUP's include uses such as mining, home occupations, interim
performance standards (for the Hughs/Westview area), land
reclamation, storage of construction highway materials, subordinate
classroom structures, and other uses that the City establishes a
sunset clause, a date of expiration. The criteria for considering
interim use permits are provided in City Code 12-15-8.
Review Criteria:
a. 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:
m
i. Will not create an excess burden on parks, streets,
and other public facilities;
ii. Will not be injurious to the surrounding
neighborhood or otherwise harm the public health,
safety, and general welfare;
iii. Will not have a negative effect on values of
property and scenic views;
iv. Will be subject to, by agreement with the owner,
any conditions that the City Council has deemed
appropriate for permission of the use, including a
condition that the owner may be required to
provide an appropriate financial surety to cover the
cost of removing the interim use and any interim
structures upon the expiration of the interim use
permit.
b. Termination. An interim use permit shall terminate upon the
occurrence of any of the following events, whichever occurs
first;
i. Five (5) years from the date of approval; or
ii. The date or event stated in the permit; or
iii. An amendment to the City Code that either no longer
allows the interim use or now permits the interim use;
or
iv. The use has been discontinued for six months.
10. Variance
Variances are essentially a waiver of a specific City Code
requirement that may be granted when unique circumstances are
demonstrated by the applicant. The Commission is asked to
compare an applicant's request to the Zoning Code and the criteria
of City Code §12-15-9 to determine if a recommendation of approval
or denial is appropriate.
Review Criteria:
a. Variance 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.
b. 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:
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The property owner proposes to use the property in a
reasonable manner not permitted by an official control;
Means the landowner would like to use the property in a
particular reasonable way but cannot do so under the
current ordinance. It does not mean that the land cannot
be put to any reasonable use without the variance.
For example, if the variance application is for building too
close to a lot line, or does not meet the required setback,
the focus of the first factor is whether the request to place a
building there is reasonable.
ii. The plight of the landowner is due to circumstances unique
to the property not created by the landowner;
The uniqueness generally relates to the physical
characteristics of the property.
iii. The variance, if granted, will not alter the essential
character of the locality;
Will the resulting structure be out of scale, out of place or
inconsistent with the surrounding area?
iv. Economic considerations alone do not constitute practical
difficulties.
Economic considerations can be considered, however
cannot be the sole factor.
11. Planned Unit Development (PUD)
CITY CODE
13-3-1: PURPOSE: The purpose of a Planned Unit Development (PUD) is to
encourage more efficient allocation of density and intensity of land use
where such arrangement is desirable and feasible by providing the means
for greater creativity and flexibility in environmental design than provided
under the strict application of this code. It must be demonstrated to the
satisfaction of the City Council that a higher quality development will result
than could be otherwise achieved through strict application of this code.
(Ord. 298, 8-4-2004)
13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All
standards and provisions relating to an original zoning district shall apply,
unless otherwise approved as part of the PUD. All standards may be
modified or waived provided the applicant demonstrates harmony with the
purpose of the PUD and the findings described in Section 13-3-9 of this
chapter. (Ord. 298, 8-4-2004)
If the PUD does not change the underlining zoning, then the standards
still apply. For example in the R-1 Single Family -Rural zoning district, the
following are lot standards:
• Lot size of 2.5 acres
• Lots 300 feet wide at the front yard setback line
• Lot depth of 150 feet
• Density of 0.4 units per acre
13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall
find that the following are present:
A. The proposed development is not in conflict with the goals of the
Comprehensive Plan of the city.
B. The proposed development is designed in such a manner as to form a
desirable and unified environment within its own boundaries.
C. The proposed development demonstrates how each modified or
waived requirement contributes to achieving the purpose of a PUD.
D. The PUD is of composition, and arrangement that its construction,
marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. (Ord. 298, 8-4-2004)
13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities
will be sought in any PUD:
A. Achieves efficiency in the provision of streets and utilities and
preserves area to achieve the elements of design qualities described
in this chapter.
• Minimizing soil disturbances for the construction of roadways?
• Minimizing impacts to wetlands?
• Openness to modifying design standards, such as street width,
setbacks, lot dimensions, lot sizes?
B. Provides convenient and safe access for vehicles and pedestrians
and all types of activity that are anticipated to be a part of the
proposed development.
• Review of access into and out of the development?
• Review of multimodal traffic within the development?
• Review of multimodal traffic to connect to existing amenities?
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C. Provides a buffer between different uses, adjacent properties,
roadways, between backyards of back-to-back lots.
• Tree stand preservation?
• Landscaping plans?
• Restrictive Easements?
• Home Owners Association (HOA)?
D. Preserves existing stands of trees and/or significant trees.
• Tree stand preservation?
• Moving roadways to avoid trees or significant trees?
• Smaller lots than the 2.5 acres are considered in order to place a
roadway in an area to preserve trees?
E. Provides considerable landscaping treatments that complement the
overall design and contribute toward an overall landscaping theme.
• Additional trees for each lot?
• Monument entrances?
• Rain gardens?
F. Preserves significant usable space on individual lots or through the
provision of open space within the development.
• R-1 zoning requires a total of 8,600 square feet of upland (3,600
sq ft for home and 5,000 square feet for primary and secondary
septic location); would a half (5) acre of upland or more per lot
be considered "significant usable space?
• If a developer could provide more upland per lot vs. 8,600 square
feet, would council consider a smaller lot than 2.5 acres?
• If a developer provided open space either as HOA owned or
provided additional parkland or preserve to the City, would
council consider smaller lots than 2.5 acres?
• Clustering?
G. Provides an attractive streetscape through the use of undulating
topography, landscaping, decorative street lighting, decorative
mailbox groupings, retaining walls, boulders, fencing, area
identification signs, etc.
• If "Undulating topography" creates lots that are less than 2.5
acres, is that acceptable?
• If minimizing the impact of construction creates smaller lots, is
that acceptable?
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H. The proposed structures within the development demonstrate quality
architectural design and the use of high -quality building materials for
unique design and detailing.
• Custom home sites?
• Limitations on building materials?
• Color restrictions?
• Home style restrictions (ramblers, two story, patio/slab, etc.)?
The lasting quality of the development will be ensured by design,
maintenance and use guidelines established through an owners'
association. (Ord. 298, 8-4-2004).
• If the HOA restricts uses that the City Code allows, is that
acceptable?
• Limit home occupations?
• Not allow for accessory structures, additional limits on accessory
structures size,
• Restrict parking in driveways?
• Require additional landscaping?
• Other code restrictions?
13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer
must demonstrate that the amenities and qualities of the Planned Unit
Development are beneficial and in the public interest to allow the
development to be approved. A substantial amount of the design
qualities identified in Section 13-3-11 of this chapter shall be found to be
present in order to approve a PUD. The amount of amenities and type
of qualities that constitute an acceptable PUD are at the sole discretion
of the City Council to determine. (Ord. 298, 8-4-2004)
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General Applications Process
Applicant meets with City Staff
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ARC Staff Review
Planning Revisions
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Planning and Zoning Commission
Meeting - Hold Public Hearing -
Recommendation to City Council
City Council Meeting- FINAL
DFCISION
Applicant submits Application
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Staff Comments - Develop PZ Agenda
Item - Schedule Public Hearing
Develop CC Agenda Item including
Planning and Zoning Commission
Comments
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12
Making Recommendations Based on Findings of Fact
Working with municipal land use regulations can be difficult for both city
officials and residents. Sometimes cities need to make controversial
decisions, and no matter what the result, someone will be unhappy. An
important part of the process is developing and adopting written "findings
of fact" that explain the decision. Carefully and thoughtfully developing
written findings of fact can help solve a contentious problem because it
forces officials to focus their review on the merit of an application. It also
produces a record that makes it easier for a court to uphold the decision if
it is challenged. This is especially important when making a
recommendation to deny an application.
Findings of fact should explain to the reader how and why the City
reached its decision and should:
• Identify the relevant legal criteria, such as City Code or
Comprehensive Plan requirements.
• Explain the relevant facts relating to the particular application.
• Apply those facts to the legal criteria.
For example, a finding of fact for denial could be: City Code 12-3-5
requires a minimum lot size in the R-4 zoning district of 11,400 square
feet. The proposed application is proposing a minimum lot size of 8,000
square feet. Since the proposed application is located in the R-4 zoning
district and does not meet the minimum lot size established by City Code
12-3-5, the Planning & Zoning Commission recommends denial to the City
Council.
Please keep in mind that the findings must be facts, and not opinion or
hearsay. For example, if the Commission wanted to recommend denial of
an application but as part of the application a traffic study was conducted
showing that the amount of traffic created would not burden adjacent
streets, the Commission should not cite traffic concerns as a finding for
its recommendation of denial as the facts would not support its
recommendation. Additionally, the findings should only relate to items
under the City's jurisdiction. For example, denying a proposed residential
development out of concern that it could increase classroom sizes at a
school is not a good finding of fact as schools are outside of the City's
jurisdiction. The same is true for private utility infrastructure such as
power or natural gas. Resident opposition alone also cannot be a reason
for denial.
City staff are available during the meeting to assist with creating findings
of fact. The Commission, through its recommendation, can also allow City
staff to review the entirety of a meeting and come up with findings to be
forwarded to the City Council based off the Commission's discussion.
GlPlanninglPlanning Commission/Planning Commission Training/PV Procedures - Revised 2025
13
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
The Open Meeting Law
The Minnesota Open Meeting Law generally requires that all meetings of public bodies be open to
the public. This requirement:
• Prohibits actions from being taken at secret meetings where it is impossible for the public to be
fully informed about public bodies' decisions or to detect improper influences.
• Ensures the public's right to be informed.
• Gives the public an opportunity to present its views to the public body.
WHO DOES THE LAW APPLY TO?
The Open Meeting Law applies to all governing bodies of any school district, unorganized territory,
county, city, town, or other public body, and to any committee, sub -committee, board, department,
or commission of a public body.
This means that the law applies to meetings of all city councils, planning commissions,
advisory boards, firefighter relief associations, economic development authorities, and housing
redevelopment authorities, among others.
WHAT IS A MEETING?
There is no definition of "meeting" in the Open Meeting Law. Minnesota courts have generally
ruled that a meeting is a gathering of a quorum of public officials to discuss, decide, or receive
information on matters over which they have authority.
WHAT MEETINGS DOES THE LAW APPLY TO?
The Open Meeting Law applies to any gathering of a quorum or more of public officials where
the members discuss, decide, or receive information as a group on issues relating to the official
business of the public body.
A "quorum" is a majority of the members of a city council. A majority of the qualified members of
any board or commission is also a quorum. Home rule charter cities may have different quorum
requirements in their charters.
The Open Meeting Law applies to:
• Regular and special meetings.
• Public hearings.
• Executive sessions.
• Work sessions.
• Retreats.
EXCEPTIONS TO THE OPEN MEETING LAW AND THE PROCEDURES TO USE THEM
There are some exceptions to the Open Meeting Law. Under certain circumstances, some meetings
can be closed. There are also some meetings that must be closed. Before a meeting can be closed
under any of the exceptions, the council must state on the record the specific grounds permitting
the meeting to be closed and describe the subject to be discussed. All closed meetings, except
those closed under the attorney -client privilege, must be electronically recorded at the expense of
the public body. Unless otherwise provided by law, the recordings must be preserved for at least
three years after the date of the meeting.
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
Meetings that can be closed
The public body can choose to close certain meetings, including:
• Meetings to consider strategies for labor negotiations under the Public Employment Labor
Relations Act (PELRA)
Although a meeting to consider strategies for labor negotiations can be closed, the actual
negotiations must be done at an open meeting if a quorum of the council is present.
Procedure
The following must be done to close a meeting under this exception:
• Before closing the meeting, the council must decide to close the meeting by a majority
vote at a public meeting.
• Before closing the meeting, the council must state on the record the specific grounds
permitting the meeting to be closed and describe the subject to be discussed.
• A written roll of all people present at the closed meeting must be available to the public
after the closed meeting.
• The meeting must be tape-recorded.
• The recording must be kept for two years after the contract is signed.
• The recording becomes public after all labor agreements are signed by the city council
for the current budget period.
• Meetings to evaluate the performance of an individual subject to the public body's authority
Procedure
The following must be done to close a meeting under this exception:
• The public body must identify the individual to be evaluated before closing the meeting.
• If the individual who is the subject of the meeting requests it, the meeting must be
open. This means that some advance notice to the individual is needed so that the
individual can make an informed decision.
• Before closing the meeting, the council must state on the record the specific grounds
permitting the meeting to be closed and describe the subject to be discussed.
• The meeting must be electronically recorded and the recording must be preserved for
at least three years after the meeting.
• At the next open meeting, the public body must summarize its conclusions about the
evaluation. The council should be careful not to release private or confidential data in its
summary.
12
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
• Attorney -client privilege
Meetings between the governing body and its attorney to discuss active, threatened, or
pending litigation can be closed when maintaining attorney -client privilege is needed to
ensure confidentiality, outweighing the purpose of the Open Meeting Law. The need for
absolute confidentiality should relate to litigation strategy and will usually arise after a
substantive decision about the matter has been made. This privilege cannot be abused
to prevent the public from observing the decision -making process, and does not include
situations where the council receives general legal opinions and advice from the city attorney
about the strengths and weaknesses of a matter that might be litigated in the future.
Procedure
The following must be done to close a meeting under this exception:
• Before closing the meeting, the council must state on the record the specific grounds
permitting the meeting to be closed and describe the subject to be discussed. The
council should also describe how balancing the purpose of the attorney -client privilege
against the purpose of the Open Meeting Law demonstrates the need for absolute
confidentiality.
• The council must communicate with its attorney at the meeting.
13
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
• Purchase or sale of property
A public body can close a meeting to determine the asking price for real or personal property
to be sold by the public body, review confidential or nonpublic appraisal data, and develop or
consider offers or counteroffers for the purchase or sale of real or personal property.
Procedure
The following must be done to close a meeting under this exception:
• Before closing the meeting, the public body must state on the record the specific
grounds for closing the meeting, describe the subject to be discussed, and identify the
particular property that is the subject of the meeting.
• The meeting must be tape-recorded, and the property must be identified on the tape.
The recording must be preserved for eight years and made available to the public after
all property discussed at the meeting has been purchased or sold or after the public
body has abandoned the purchase or sale.
• A list of council members and all people present at the closed meeting must be made
available to the public after the closed meeting.
• The actual purchase or sale of the property must be approved at an open meeting, and
the purchase or sale price is public data.
• Security briefings
A meeting can be closed to receive security briefing and reports, to discuss issues related
to security systems, to discuss emergency -response procedures, and to discuss security
deficiencies or recommendations about public services, infrastructure, and facilities if
disclosure of the information would pose a danger to public safety or compromise security
procedures or responses. Financial issues related to security matters must be discussed, and
all related financial decisions must be made, at an open meeting.
Procedure
The following must be done to close a meeting under this exception:
• Before closing the meeting, the public body must state on the record the specific
grounds for closing the meeting and describe the subject to be discussed. When
describing the subject to be discussed, the public body must refer to the facilities,
systems, procedures, services, or infrastructure to be considered during the closed
meeting.
• The closed meeting must be tape-recorded, and the recording must be preserved for at
least four years.
ir,
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
Meetings that must be closed
There are some meetings that the law requires to be closed, including:
• Meetings for preliminary consideration of allegations or charges against an individual subject
to the public body's authority
While the law allows the council to announce that it is closing a meeting to consider charges
against an individual, it is still the best practice not to refer to that individual by name. The
council should state only that it is closing the meeting to consider allegations against someone
subject to its authority. However, if someone requests the name of the employee who is
the subject of the closed meeting, the name will probably have to be provided because the
existence and status of any complaints against an employee are public data.
Procedure
The following must be done to close a meeting under this exception:
• Before closing the meeting, the council must state on the record the specific grounds
for closing the meeting and describe the subject to be discussed.
• At the request of the individual who is the subject of the meeting, the meeting must be
opened. This means that the individual should be given advance notice of the existence
and nature of the charges against them, so that the individual can make an informed
decision.
• The meeting must be electronically recorded, and the recording must be preserved for
at least three years after the meeting.
• If the public body decides that discipline for the specific charges is necessary, further
meetings must be open.
Parts of meetings during which any of the following data is discussed:
• Data that would identify alleged victims or reporters of criminal sexual conduct,
domestic abuse, or maltreatment of minors or vulnerable adults.
• Internal affairs data relating to allegations of law enforcement personnel misconduct or
active law enforcement investigative data.
• Educational data, health data, medical data, welfare data, or mental health data that are
not public data.
• An individual's medical records governed by Minn. Stat. §§ 144.291 to 144.298.
Procedure
Before closing the meeting, the council must state on the record the specific grounds
for closing the meeting and describe the subject to be discussed. The meeting must be
electronically recorded, and the recording must be preserved for at least three years after
the meeting.
is
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
NOTICE REQUIREMENTS
Public notice must be given for all meetings of a public body. The notice requirements depend on
the type of meeting.
However, if a person receives actual notice of a meeting at least 24 hours before the meeting,
all notice requirements under the Open Meeting Law are satisfied, regardless of the method of
receipt.
Statutory cities have some additional requirements for mailing notice to their council members for
special meetings. There may also be additional notice requirements for home rule charter cities to
consider. Home rule charter cities should consult their charters for more information.
• Regular meetings
Regular meetings are held at dates, times, and places established by council rules. Councils
typically meet once or twice a month in the city hall or at another public place in the city. A
schedule of regular meetings must be kept on file in the city office. Typically, cities comply
with the notice requirements for regular meetings by posting the regular meeting schedule in
a convenient public location. If the city decides to hold a meeting at a different time or place,
it must give the notice required for a special meeting.
• Special meetings
A special meeting is a meeting that is held at a date, time, or location different than a regular
meeting.
A city must post written notice of a special meeting on its principal bulletin board or on the
door of its meeting room if it does not have a bulletin board. If notice is posted on a bulletin
board, the bulletin board must be located in a place that is accessible to the public. The notice
must give the date, time, place, and purpose of the meeting. It also must be mailed to each
individual who has filed a written request for notice of special meetings. As an alternative to
posting the notice, the city can publish notice in the official newspaper at least three days
before the meeting.
• Emergency meetings
An emergency meeting is a special meeting called because of circumstances that, in the
judgment of the public body, require immediate consideration by the public body. Posted or
published notice of an emergency meeting is not required. However, the city must make a
good faith effort to notify each news outlet that has filed a written request for notice. Notice
must be given by telephone or any other method to notify members of the public body. The
notice must include the subject of the meeting.
• Recessed or continued meetings
No additional notice is needed for a recessed or continued meeting if:
• The meeting is a recessed or continued session of a previous meeting.
• The time and place of the meeting was set during the previous meeting.
• The time and place of the meeting was recorded in the minutes of the previous meeting.
• Closed meetings
The same notice requirements that apply to open meetings also apply to closed meetings.
Additionally, advance notice to an individual who will be the subject of a closed meeting
is needed under certain circumstances (such as to employees who are the subject of
performance evaluations or disciplinary proceedings).
IN
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
WRITTEN MATERIALS
At least one copy of materials related to agenda items that are available to the council at or before
the meeting must also be available to the public. However, this does not include data that is not
public or materials relating to agenda items of a closed meeting.
COMMON PROBLEMS IN APPLYING THE OPEN MEETING LAW
• Data practices
Generally, meetings cannot be closed to discuss data that is not public. However, the public
body must close any part of a meeting at which certain types of not -public data are discussed
(like active law enforcement investigative data, police internal affairs data, medical records
data, and certain victim, health, medical, or welfare data).
If not -public data is discussed at an open meeting when the meeting is required to be closed,
it is a violation of the Open Meeting Law. Discussions of some types of not -public data may
also be a violation of the Minnesota Government Data Practices Act (MGDPA). However, not -
public data can generally be discussed at an open meeting without legal responsibility or
consequences if:
• Disclosure of the data relates to a matter over which the public body has authority.
• Disclosure of the data is necessary to conduct the business or agenda item before the
public body.
Data that is discussed at an open meeting keeps its original classification under the MGDPA.
However, a record of the meeting is public, regardless of its form. Not -public data that is
discussed at an open meeting should not be specifically detailed in the meeting minutes.
• Executive sessions
The attorney general has advised that executive sessions of a city council must be open to the
public.
• Committees and liaisons
The attorney general has advised that standing committees appointed by a governing body
are likely subject to the Open Meeting Law.
Many city councils create committees to make recommendations to the council. Committees
are responsible for researching a particular area and submitting a recommendation to the
council for approval. Committees are often advisory, meaning that the council makes the
final decision. The law is not clear when committees or citizen panels are subject to the Open
Meeting Law. Courts often do a fact analysis when reviewing Open Meeting Law challenges
involving advisory committees to determine if the committee is a standing committee whose
recommendations the council generally or always follows, or if the council only follows the
committee's recommendations in particular situations. Many cities err on the side of caution
and follow Open Meeting Law guidelines for all citizen advisory committees.
City councils routinely appoint individual council members to connect the council and
committees. Committee meetings may also be subject to the Open Meeting Law if the
committee includes a quorum or more of the council or has decision -making authority.
Additionally, notice for a special council meeting may be needed if a quorum of the council will
be present at the meeting and participating in the discussion.
IN
LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
For example, when a quorum of a city council attended a city planning commission meeting,
the Minnesota Court of Appeals ruled that there was a violation of the Open Meeting Law,
not because of the council members' attendance at the meeting, but because the council
members conducted public business at the meeting. Based on that decision, the attorney
general has advised that council members' attendance at a committee meeting that follows
the Open Meeting Law would not be a special meeting requiring separate notice. The attorney
general warned, however, that the additional council members should not participate in
committee discussions or decision -making without a separate notice for a special meeting.
• Chance or social gatherings
Chance or social gatherings of a quorum are not considered meetings under the Open Meeting
Law. However, a quorum cannot, as a group, discuss or receive information about official
business in any setting during a social gathering.
• Serial gatherings
The Minnesota Supreme Court has noted that meetings of less than a quorum of the public
body held repeatedly to avoid public hearings or to come to an agreement on an issue may
violate the Open Meeting Law. Council members should avoid these meetings.
• Technology trouble
The Open Meeting Law does not address communication through telephone calls, letters,
email, or similar technology. The Minnesota Supreme Court found that the Open Meeting Law
did not apply to letters or to telephone conversations between less than a quorum. While it is
possible that a similar decision might be reached for email and other forms of technology, it
should be stressed that if a quorum of council members is involved in the communication, it
would likely be a violation of the Open Meeting Law.
Additionally, serial discussions between less than a quorum of the council to make decisions
that should be made at an open meeting would likely violate the Open Meeting Law. Therefore,
city councils and other public bodies should not use letters, telephone conversations, email,
and other technology if:
• A quorum of the council is involved.
• Official city business is discussed.
The use of social media by members of a public body does not violate the Open Meeting
Law if it is limited to exchanges with all members of the general public. The Open Meeting
Law does not define social media, but generally it means forms of electronic communication,
including websites for social networking like Facebook, Linkedln, as well as blogs and
microblogs where users create online communities to share information, ideas, and other
content. Council members should be mindful of whether their personal social media is, or
appears to be, an account that looks like an official account in their professional capacity. If
a council member's personal account appears to be an official account, the account may be
deemed a government account and even a public forum so that people cannot be excluded,
blocked, or muted.
City -owned social media accounts and social media accounts of elected officials (being used
in their role as an elected official) must keep the First Amendment in mind when considering
policies about comments and blocking. Policies that restrict comments to the topic or delete
negative comments and practices of blocking or restricting friends or followers could face
challenges.
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LEAGUE OF MINNESOTA CITIES: A GOOD START TO GOOD GOVERNANCE
Council members that cannot attend a meeting may ask to attend through interactive
technology like Zoom or Teams. There is an exception to the Open Meeting Law where a
member can attend via interactive technology. The remote location must be a public place
unless the council member qualifies for one of the limited exceptions — the military service
exception or the health exception — both of which only can be used three times each year.
Additionally, when one or more members join remotely, notice must be posted at least three
days before the meeting stating the location from which the remote attendee or attendees are
joining. Cities should develop a policy for using technology like Zoom with the assistance of
their city attorneys.
INTENTIONAL VIOLATIONS OF THE OPEN MEETING LAW
A public officer who intentionally violates the Open Meeting Law can be fined up to $300. The fine
cannot be paid by the public body.
If a public official is found to have intentionally violated the Open Meeting Law in three or more
separate actions, the public official must be removed from office and cannot serve in any other
capacity with that public body for a period of time equal to the term of office the person was
serving. However, removal is only required if the conduct is malfeasance (an intentional act that is
unlawful) or nonfeasance (failure to act when required).
The Open Meeting Law does not address whether actions taken at an improper meeting would be
invalid. The Minnesota Supreme Court once held that an attempted school district consolidation
was not valid when the resolution was adopted at a meeting that was not open to the public.
However, in more recent decisions, Minnesota courts have refused to invalidate actions taken at
improperly closed meetings. In an unpublished decision, the court stated that "even a violation of
the Open Meeting Law will not invalidate actions taken at that meeting."
I T Y O F
[DOVE:
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
Remote Meeting Participation Policy
SECTION 1: SCOPE
A. BACKGROUND: The City of Andover seeks to develop guidelines to promote
transparent and orderly use of electronic technology that allows Council and
Commission members to attend meetings from a remote location. Electronic
audio/video attendance options continue to advance and evolve, along with the laws
that govern such attendance. The city may adopt regulations that are more restrictive
(not more lenient) than those provided by state law.
B. PURPOSE: The purpose of this policy is to create guidelines governing the remote
attendance and participation of members at Council and Commission meetings.
Advance notifications and limits are established to provide proper notification to the
public, and to allow the City to arrange the appropriate technology to cover the
meeting. The general expectation is that individuals will make every practical attempt
to be physically present and that the purpose of this policy is to allow for exceptions
when the member is unable to physically attend a meeting.
C. OTHER MEETING PARTICIPANTS: City staff, applicants, and other meeting participants
may attend meetings remotely and are not subject to the policy or statutory
limitations outlined within this policy.
SECTION 2: CRITERIA/PROCEDURE
A. ELIGIBLE USERS: Members of the City Council and members of any formally
established Commission of the City.
B. APPLICATION: Eligible users may attend and participate in any regular meeting of their
respective Council or Commission in accordance with this policy.
C. NOTIFICATION: Eligible Users wishing to participate via interactive technology shall
notify the City Clerk or Commission Liaison, in writing, no earlier than ten (10) days,
and no later than 72 hours prior to the meeting. In the event of an emergency, or
unforeseen need, the City Clerk or Commission Liaison will seek approval from the
Mayor or Commission Chair. The name and location of eligible members attending a
meeting via electronic medium shall be posted in conjunction with, and in the same
manner as, the regular agenda.
D. MAXIMUM REMOTE ATTENDEES: There will be no maximum number of remote
attendees so long as at least one (1) City Councilmember or member of a formally
established Commission of the City is physically present. If all members request
remote attendance, eligible participants for any meeting will be determined by the
order in which notification was received by the City Clerk or Commission Liaison.
E. ANNUAL USE: An eligible user may attend via interactive technology, an unlimited
number of times per year, contingent upon the general expectation that individuals will
make every practical attempt to be physically present.
F. OTHER: Remote attendance and participation at any public meeting shall be in full
compliance with the Open Meeting Law (OML), Minnesota Statutes section 13D.02,
subdivision 1. All members of the public showing up at a remote location must be able
to see and hear all discussion and votes. All members of the body must be ableto see
and hear one another, as well as the public.
G. EXCEPTIONS: The requirements of this policy may be waived in the event of an
emergency as defined by state statute.
H. DECORUM: It is expected that all members attending remotely will conduct himself or
herself in a professional manner and attend only from a meeting location that is
suitable for the proper conduct of professional business.
I. EXPENSES: Members attending remotely will coverall extraordinary costs necessary for
the connection.
J. TECHNOLOGY: Remote meeting attendees shall comply with all technological and
security standards as established by QCTV and the City's Information Technology staff.
2
Typical Planning and Zoning Meeting Cadence
revised Feb. 2023
1. Call to Order
2. Pledge of Allegiance
3. Approval of Minutes (Motion, Second, Majority Vote) Chair may assume motion and approval if
4. Public Hearing(s) no objection and all the same
4.1. Introduction by Chair commissioners identified as present in the
4.2. Presentation by Staff
minutes are in the meeting.
4.3. Questions for Staff from Commission (Clarifications)
4.4. Open the Public Hearing (Motion, Second, Majority Vote) Chair may assume motion and
4.4.1. Presentation from Applicant approval if no objection
4.4.2. Questions for Applicant from Commission Ask Staff for any public comments
4.4.3. Statements/Questions for Commission fromr�U6RIC prior to Public Hearing
4.4.4. Questions for Public from Commission
4.4.5. Recall Applicant (Repeat 4.2 thru 4.5 until all facts/opinions are
obtained)
4.5. Close the Public Hearing (Motion, Second, Majority Vote) Chair may assume motion and
4.6. Discussion on topic from Commission approval if no objection
4.6.1. Questions for Staff from Commission during Discussion.
4.7. If no recommendation is requested, the hearing is completed when the
Commission ends Discussion. The meeting agenda advances.
4.8. If a recommendation is requested, one of two motions are typical:
4.8.1. A motion to APPROVE is offered from a Commissioner
4.8.1.1. The motion is seconded
4.8.1.2. The motion is discussed.
4.8.1.3. A vote is called (Majority required to succeed)
4.8.1.3.1. If the motion succeeds, the hearing is over.
4.8.1.3.2. If the motion fails, return to item 4.6.
4.8.2. A motion to DENY is offered from a Commissioner
4.8.2.1. A motion to DENY must include reasons for denial that align
with city code.
4.8.2.2. The motion is seconded
4.8.2.3. The motion is discussed.
4.8.2.4. A vote is called (Majority required to succeed)
4.8.2.4.1. If the motion succeeds, the hearing is over.
4.8.2.4.2. If the motion fails, return to item 4.6.
5. Other Business
5.1. Statements from Staff
5.1.1. Questions from Commission
5.2. Statements from Commission
6. Adjourn (Motion, Second, Majority Vote) Chair may assume motion and approval if no objection
Note: A motion to TABLE is technically possible, but rare and not advised. It requires a date certain or specific
event that will trigger advancement of the issue. Tabling may have unintended consequences jeopardizing
compliance with timing requirements of MN Statutes. The preferred approach would be to Recommend Deny
and City Council may elect to approve, approve with conditions, deny, or table to a stated time and/or event.
C I T Y O F
NNDOVEA
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Peter Hellegers, City Planner
SUBJECT: Swearing in of Commissioners Scott Hudson, Chuck Naughton, and
Jonathan Weinhold
DATE: February 25, 2025
REQUEST
Commissioners Hudson and Naughton have been reappointed to the Planning
Commission by the City Council to the Commission and will take an Oath of Office.
The terms for Commissioners Hudson and Naughton will end on January 1, 2028.
Additionally, Commissioner Jonathan Weinhold has been appointed to the Planning
Commission by the City Council to fill the remainder of the term of former commissioner
Jonathan Shafto and will take an Oath of Office.
The term for Commissioner Weinhold will end on January 1, 2026.
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PLANNING AND ZONING COMMISSION MEETING - JANUARY 28, 2025
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Godfrey on January 28, 2025, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Karen Godfrey, Commissioners Scott Hudson,
Nick Loehlein, and Chuck Naughton.
Commissioners absent: Pat Shuman Jr. and Ryan Winge (plus one vacancy)
Also present: City Planner Peter Hellegers.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
November 26, 2024, Regular Meeting
Motion by Commissioner Loehlein, seconded by Hudson, to approve the minutes from the
November 26, 2024, Planning Commission Meeting as presented. Motion carried on a 4-
ayes; 0-nays vote.
PUBLIC HEARING: Amend the existing Planned Unit Development (PUD) for Grey
Oaks to allow 3-4 season porches/screen porches at the same minimum setbacks as
attached decks for the townhouses in Block 4 of Grey Oaks (Lots 4-27); PID# 22-32-24-
12-0097, 1895156" Lane NW, Ray & Jill Ostby (Applicant)
City Planner Hellegers stated that the Planning Commission is requested to review a
Conditional Use Permit (CUP) for an Amendment to a Planned Unit Development (PUD)
to amend rear yard setbacks for the townhomes in Block 4, Lots 4-27. Mr. Hellegers
reviewed the proposed amendment and items covered in the staff report to the Planning
Commission.
44 On March 2, 1999, the City Council approved the Planned Unit Development and
45 Preliminary Plat for the Grey Oaks development. The development plan was geared
46 toward seniors and empty nesters and the 60-acre plan included 5 blocks on the plat with
47 two 65-unit apartment buildings, six 30-unit apartment buildings, thirty-eight townhouses,
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 28, 2025
Page 2
1 four single family lots and 3 commercial lots. The Final Plan for Grey Oaks was approved
2 on June 20, 2000.
4 The proposed PUD Amendment would modify the PUD Design Standards; allowing the
5 rear setback for the townhomes on Block 4, Lots 4-27 to allow 3 and 4 season porches to
6 follow the same setback as for decks (15') instead of the distance required for the house
7 (25'). There are currently 6 units that have porches built at this 15-foot setback, but the
8 PUD design standards have not been clarified to state that porches and decks can have
9 these same setbacks.
10
11 The Grey Oaks development is generally located east of Nightingale Street NW, south of
12 1571h Lane NW, west of Hanson Boulevard NW, and north of 155t' Avenue NW. The area
13 was indicated on a map. The development is currently guided for Urban Residential High
14 and zoned M-2: Multiple Dwelling High -Low Density.
15
16 The proposed amendment to the PUD provides for the following:
17 • Reduce rear yard setback for townhomes on Block 4, Lots 4-27
18 o Currently rear setbacks within the Grey Oaks development are:
19 ■ 25' to House, and
20 ■ 15' to deck
21 o The amendment would allow rear setback for 3-4 season porches/covered
22 porches to be consistent with those of decks (15').
23 o Currently 6 of the 24 townhouse units in this block are already built with 3-
24 4 season porches at this 15' setback distance.
25 o PUD design standards have not been updated to reflect this distance
26 specifically for the porches.
27
28 Developments to the north of this area, Shaw's Glen and Shaw's Glen Second Addition
29 include parcels that are very deep, 100-150 feet deeper than typically required. These
30 developments also have a significant amount of that southerly portion of those yards
31 encumbered by drainage and utility easement which can be as deep as 150 feet on some of
32 these already deep lots. The result is that the development to the north is much further
33 apart from the townhomes in Block 4 of Grey Oaks than in a typical development in
34 Andover.
35
36 Mr. Hellegers reviewed the PUD Criteria. According to City Code 13-3 Planned Unit
37 Development, the purpose of a PUD is to encourage more efficient allocation of density
38 and intensity of land use where such arrangement is desirable and feasible by providing
39 the means of greater creativity and flexibility in environmental design than provided under
40 strict application of the standards set in code. City Code 13-3-9 states the following
41 required findings for the Council to consider when approving a PUD:
42
43 1. The proposed development is not in conflict with the goals of the Comprehensive
44 Plan for the City.
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 28, 2025
Page 3
1 The Comprehensive Plan shows this property as Urban Residential High.
2 The proposed change for the rear setbacks for porches on Lots 4-27 of Block
3 4 within the development would not change this land use guidance.
4
5 2. The proposed development is not in conflict with the goals of the Comprehensive
6 Plan for the City.
7 2018 Comprehensive Plan Goals that may be relevant which are found in
8 Chapter 1: Foundation of the Comprehensive Plan.
9
10 Overarching Goals, Objectives, and Policies
11 Goal 1: Maintain and enhance the quality of life in Andover.
12
13 Land Use Goals, Objectives, and Policies
14 Goal: Encourage appropriate economic growth and redevelopment.
15
16 3. The proposed development is designed in such a manner as to form a desirable and
17 unified environment within its own boundaries.
18 The completed PUD has been designed in a manner to form a desirable and
19 unified environment within its own boundaries. The proposed PUD
20 amendment would not change the character or the development and would
21 not increase the rear setbacks overall, it would make the rear setback for
22 porches consistent with the r4ear setbacks allowed for decks for these
23 townhouse units. This is consistent with other townhouse units within that
24 block that have already been built to these proposed setbacks.
25
26 4. The proposed development demonstrates how each modified or waived
27 requirement contributes to achieving the purpose of PUD.
28 The proposed PUD amendment would not increase the rear setbacks
29 overall, it would make the porches consistent with the setbacks allowed for
30 decks for these townhouse units. This is consistent with other townhouse
31 units within the block that have already been built.
32
33 5. The PUD is of composition, and arrangement that its construction, marketing, and
34 operation are feasible as a complete unit without dependence upon any subsequent
35 unit.
36 The development within the PUD has already been constructed and is not
37 dependent on a subsequent unit or phase. The proposed PUD Amendment
38 would not impact this finding.
39
40 Mr. Hellegers noted that the City Council will need to determine if the developer's
41 proposal satisfactorily meets these required findings. Any other deviations from the City
42 Code that were approved with the PUD for Grey Oaks, other than the proposed change to
43 the rear setback for porches on Block 4, would remain as is and would not be impacted by
44 the proposed PUD Amendment. The proposed change would only apply to the rear
45 setbacks for 3 and 5 season porches for those townhome properties identified within Block
Regular Andover Planning and Zoning Commission Meeting
Minutes — January 28, 2025
Page 4
1 4 of the PUD. With a PUD all standards apply as typical, unless otherwise specified in the
2 PUD request. Other amendments may arise in the future that the Planning and Zoning
3 Commission and City Council would have to approve. If association documents need to be
4 amended the applicant and other townhome properties within Block 4 would need to
5 collaborate with the owner's association.
7 Provided for Commission consideration was a draft resolution of approval, draft resolution
8 of denial, City Code 13-3 Planned Unit Development, location map, the resolution that
9 approved the PUD (R055-99) and Design Standards for the Grey Oaks, the applicant's
10 narrative, and a letter dated December 16, 2024, from Genesis Property Management
11 which manages the Homeowners' Association.
12
13 After taking public testimony the Planning Commission is asked to make a
14 recommendation to the City Council for their consideration on February 4, 2025.
15
16 Commissioner Naughton asked if the mailing that was done included Shaw's Glen
17 residents. Mr. Hellegers stated they were since they were within 350 feet of the site.
18
19 Chair Godfrey opened the public hearing at 7:08 p.m.
20
21 No one appeared to address the Commission. Mr. Hellegers noted there was one piece of
22 correspondence received noting "no objection" from Ms. Engelbrecht at 15631 Linnet
23 Street.
24
25 Chair Godfrey closed the public hearing at 7:10 p.m.
26
27 Commissioner Loehlein stated this seems very straightforward. He noted there were
28 already 6 properties that have added porches. He is in support of moving this forward.
29
30 Motion by Commissioner Loehlein, seconded by Naughton, to recommend the City
31 Council approve a resolution to amend the existing Planned Unit Development (PUD) for
32 Grey Oaks to allow 3-4 season porches/screen porches at the same minimum setbacks as
33 attached decks for the townhouses in Block 4 of Grey Oaks (Lots 4-27); PID# 22-32-24-
34 12-0097, 1895 156`h Lane NW, Ray & Jill Ostby (Applicant). Motion carried on a 4-ayes;
35 0-nays vote.
36
37 OTHER BUSINESS
38
39 Mr. Hellegers noted at the last meeting of the Planning Commission that a sketch plan was
40 reviewed but the applicant has not yet brought forward an application for subdivision of
41 the property to be reviewed by the Planning Commission.
42
43 There will be at least one meeting in late February.
44
Regular Andover Planning and Zoning Commission Meeting
Minutes —January 28, 2025
Page 5
1 The Home Show is being held on March 8th. If Commissioners are interested in
2 volunteering please contact Staff.
3
4 ADJOURNMENT
6 Chair Godfrey adjourned the meeting at 7:15 p.m.
7
9 Respectfully Submitted,
10
11
12 Debbie Wolfe, Recording Secretary
13 TimeSaver Off Site Secretarial, Inc.
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Aidan Breen, Associate City Planner
CC: Joe Janish, Community Development Director
SUBJECT: PUBLIC HEARING: Sketch Plan/Conditional Use Permit (CUP)/Planned Unit
Development (PUD) Review — Boulder Contracting (Applicant)
DATE: February 25, 2025
INTRODUCTION
The Planning Commission is asked to review a sketch plan for a single-family PUD residential
development titled Finnes Estates proposed by Brian Jansen of Boulder Contracting. The
applicant submitted a narrative for the proposed Sketch Plan which is attached for your review.
What is a Sketch Plan / PUD Concept Plan?
A Sketch Plan / PUD Concept Plan is used to provide feedback to the developer through
Andover Review Committee (ARC), Planning and Zoning Commission, Park and Recreation
Commission, and City Council but formal action is not taken at this stage. The intent of the
Sketch Plan process is to view the concept plan for a proposed development and to discuss
big picture concerns or areas of consistency with code. An applicant would need to develop
detailed plans that address the concerns prior to their application for Preliminary Plat and
PUD.
Purpose of PUD?
The purpose of a PUD is to encourage more efficient allocation of density and intensity of
land use where such arrangement is desirable and feasible by providing the means for greater
creativity and flexibility in environmental design than provided under the strict application of
this code. It must be demonstrated to the satisfaction of the City Council that a higher quality
development will result than could be otherwise achieved through strict application of this
code.
PROJECT SUMMARY
The City has received an application for a sketch plan showing a 32-lot single-family urban
residential development on a 14.24 acre site. The site is bordered by railroad tracks on the west
side, Crosstown Blvd on the north side, Prairie Road on the east side, and Prairie Oaks, a single-
family rural residential cul de sac at 154' Lane on the south side. Neighborhoods to the west of
the railroad tracks are fully developed, and the neighborhoods to the north, east, and south are
zoned R-1 or R-3, but are located within the MUSA and guided for future R-4 redevelopment.
Figure I- Location Map
DISCUSSION
This section will review some of the site characteristics and processes for the proposed
development shown on the sketch plan.
For this concept to move forward, several actions would need to occur including:
• Preliminary Plat
• Conditional Use Permit /Planned Unit Development (CUP/PUD)
• Final Plat
• Building permits
CONFORMANCE WITH LOCAL AND REGIONAL PLANS AND ORDINANCES
1. The entire 14.24-acre site is located within the Metropolitan Urban Service Area
(MUSA) boundary.
2. The site is guided in the 2018 Comprehensive Plan as Transitional Residential, a
designation that calls for new developments to be platted under urban residential
guidelines, calling for a density of 2.4 to 4 units per acre. The proposed 32-lot
development would meet that standard with a density of 2.95 units per acre
2
oyy�, � � I i � ♦�� are,
♦ �' ♦♦♦, — Imo'
3. A 2024 Comprehensive Plan Amendment under Resolution R062-24 has already adjusted
the sewer staging map for the site location, categorizing the site for development in 2021-
2025. No Comprehensive Plan Amendment will be required for this development.
4. The properties will be required to be rezoned from R-1 Single Family Rural to R-4 Single
Family Urban. This change would take place at the time of the Preliminary Plat.
5. The proposed development includes deviations from City Codes that will be addressed
through the PUD process.
SITE CHARACTERISTICS
Access
The proposed sketch plan shows two access points: one at the north end of the development at
the intersection of Crosstown Blvd and Sycamore St, and the other at the southeastern portion of
the development accessing Prairie Road.
The sketch plan also indicates a temporary cul de sac at the southwest end of the development,
which could be extended at a later date to serve development of the adjacent parcels to the west
and south.
N
Figure 4- Access Points
3
Zoning and Lot Size
The subject property is currently zoned R-1 Single Family Rural and will be rezoned to R-4
Single Family Urban Residential at the time of the Preliminary Plat. City Code requirements for
the R-4 zoning district include a minimum lot size of 11,400 square feet and minimum lot width
of 80 feet measured at the front yard setback line. The applicant is proposing to have a range of
lot sizes, some of which would deviate from the R-4 standards with both lot size, lot width and
depth. Comparable single-family lot widths for these reduced size urban lots can be found in the
in the developed portion of the Fields of Winslow Cove development east of Prairie Road,
located south of the proposed development.
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Figure S- Excerpt of concept plon showing, log .ei�c rnrichv
Outlot A
Outlot A, as shown, is 3.3 feet wide by 373.4 feet long. The applicant is proposing this land as an
Outlot to provide land for potential future development of the property to the east. City staff has
recommended that the applicant talk to the property owner to the east about a possible land sale,
or to incorporate the outlotp into the proposed lots in Block 4.
Utilities
Each of the lots will be served municipal sewer and water. City Engineering staff have confirmed
that the proposed development and its adjacent properties, if developed, could be served by
existing sewer capacity.
Tree Preservation
In meeting with the applicant, staff recommended preserving or planting trees along the southern
border of the property to provide additional buffer from the existing R-1 properties, though
grading on the site may present challenges for tree preservation. Andover City Code 9-9-3-1 will
require a minimum of four (4) trees per lot with new construction.
Housing Type
The developer intends the 31 new single-family homes to be ramblers and 2-story homes with deep
basements. An existing split-level home on Block 1 Lot will be preserved, for a total of 32 lots.
4
Wetlands/Floodplains
The 2013 National Wetlands Inventory (NWI 2013) does not indicate wetlands on the property.
However, a wetland delineation will be required if the applicant continues to move forward.
Coon Creek Watershed Districts "Atlas-14 Flood Model" does not show floodplain on the
property.
INTERAGENCY COORDINATION
Coordination with other Agencies
The developer and/or owner are responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Lower Rum River Watershed
Management Organization, Minnesota Pollution Control Agency, and any other agency that may
have an interest in the site). Initial contact shall be made with the City Engineering Department
regarding this item.
Coon Creek Watershed District (CCWD)
Once the overall layout of the sketch has been agreed upon and direction provided, the applicant
will prepare a grading plan, hydrology calculations and a soils report that will be reviewed by the
City, an engineering consultant and the CCWD. The CCWD will need to review the preliminary
plat and the applicant will need to address any items.
PROCESS
Andover Review Committee
The Andover Review Committee (ARC) conducts an initial review of the sketch plan and has
submitted these comments to the applicant. Staff suggests the comments be reviewed as part of
the sketch plan process. These comments have been attached for review by the Planning and
Zoning Commissioners.
Public Notice
In accordance with City Code public hearing notice is published in the Anoka County Union
Herald and mailed notice was provided to properties within 700 feet of the site located outside of
the MUSA boundary, using GIS data provided by Anoka County. In addition, signs have been
posted to alert passersby on Crosstown Boulevard and Prairie Road of the proposed public
hearing. The City's practice is more generous than Statute which only requires the published
notice and mailed notice to properties within 350 feet. Sketch plans in many communities are
treated as internal reviews. The City's process of holding the public hearing at this level is
helpful to generate discussion before the Preliminary Plat process.
Park and Trail Dedication — (Park and Recreation Commission)
The Park and Recreation Commission reviewed the request on January 16, 2025. There is no
park designated for this area in the comprehensive plan, and there are future trail connections
that are indicated to go past this development on both Crosstown Blvd NW and Prairie Rd that
would connect this to other nearby parks such as Sophie's Park and Prairie Knoll Park. The Park
& Recreation Commission recommended cash in lieu of land dedication. The developer is
expected to provide a trail easement for a trail to be built on the south side of Crosstown
Boulevard.
5
PUD
The applicant is requesting a Planned Unit Development (PUD) as part of this development. The
applicant is requesting flexibility in the bulk area standards including lot area, lot dimensions,
and setbacks. At the time of applying for the PUD, the applicant will be required provide a
narrative describing how the development and proposed deviations from zoning requirements
would meet the merit utilization of a PUD, as described in Andover City Code 13-3-9 and 13-3-
11. The table below depicts the proposed conceptual PUD standards. Figure 6 shows examples of
the proposed deviations.
Proposed PUD Standards (Sketch Plan):
Proposed
Conceptual PUD
Standards
City Code
No.
Item
Standards
R-4: Single
PROPOSED
Notes
Family Urban
Lot width is measured at the front
1)
Lot Width (min)
80' min.
70'
setback line; sketch plan only shows
frontage dimensions.
2)
Lot Depth (min.)
130' min
125'
3)
Lot Area (min.)
11,400 sqft
9,100 sqft
min.
4)
Block Length (max)
1,320' max.
1,320' max
5)
Cul-de-Sac Length (max.)
500'
482'
6)
Front Yard Setback (min)
35'
30'
7)
Front Yard Setback from County
Road (min.)
40'
40'
8)
Side Yard Setback - Interior (min.)
10,
10'
Ghost plat shows Block 1 Lot 11
9)
Side Yard Setback —
35'
25'
and Block 2 Lot 1 with 25' side
Adjacent to Local Street (min)
yard setbacks if street were to be
built as shown
10) tRear
Yard Setback (min)
30'
30'
11)
Max Structure Height
35'
35'
Building pads in 9,100 sqft lots
12)
Max Lot Coverage (structure)
30%
?
cover 39% of total lot area. Actual
structure ma still meet ci code.
r 3)
Right of Way (local urban city
street
60'
60'
*Red text indicates deviation from City Code
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Figure
G- Excerpt of proposed deviations from R-4 standards under proposed PUD
PUD Review
The following City Code standards for PUD Review that the proposed development would need
to address at the Preliminary Plat / PUD review stage.
Applicable Ordinances
City Code 13-3-9 regulates the findings that are required for a PUD to be approved:
1. The proposed development is not in conflict with the goals of the Comprehensive Plan of
the City.
2. The proposed development is designed in such a manner as to form a desirable and
unified environment within its own boundaries.
3. The proposed development demonstrates how each modified or waived requirement
contributes to achieving the purpose of PUD.
City Code 13-3-11 identifies Desirable PUD Design Qualities that are sought in any PUD
proposal as listed below.
A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve
the elements of design qualities described in this Chapter.
B. Provides convenient and safe access for vehicles and pedestrians and all types of activity
that are anticipated to be a part of the proposed development.
C. Provides a tree line buffer between backyards of back-to-back lots.
D. Preserves existing stands of trees and/or significant trees and provides additional tree
plantings.
E. The proposed structures within the development demonstrate quality architectural design
and the use of high -quality building materials for unique design and detailing.
7
In Summary:
This sketch plan would require the following:
• Preliminary Plat with Rezoning
• Conditional Use Permit/Planned Unit Development
• Final Plat
NEXT STEPS
The Sketch Plan would be forwarded to the City Council for their feedback. Based on the
feedback received throughout the sketch plan process, the developer would modify the layout
and make application for Preliminary Plat, Rezoning, PUD, and Final Plat and submittals to seek
their desired outcome.
ACTION REQUESTED
The Planning Commission is asked to hold a public hearing, take public feedback on the proposed
Sketch Plan/Concept PUD, and informally advise the applicant through feedback on the proposed
project.
Attachments
1) Location Map
2) City Staff Comments (dated 1/10/25) with Applicant Responses
3) Sketch Plan / PUD Concept Plan (dated 1/29/25) Incorporating Staff Comments
Respect Zsmitted
Aidan Breen
Associate City Planner
CC: Brian Jansen, Boulder Contracting (email)
ANL6 M R Site Location — Finnes Estates Sketch Plan
Date Created February 11, 2025
Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data.
9 C I T Y O F
NNDOVE^
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
MEMORANDUM
TO:
FROM:
SUBJECT
DATE:
Brian Jansen, Boulder Contracting
Aidan Breen, Associate City Planner
1129125: EG Rud Response in RED
Review #1— Finnes Estates Sketch Plan: Sketch Plan for properties at 888 Crosstown
Blvd NW (PID: 23-32-24-11-0007) and 15540 Prairie Rd NW (PID: 23-32-24-11-0002)
January 10, 2025
City staff has completed an initial review of the Sketch Plan of the property at 888 Crosstown Blvd NW
and 15540 Prairie Rd NW.
Engineering Department
Enaineerinzepartment comments for Review #1 are attached. Redlines are available for pickup at
City Hall.
Fire Department
Fire Department comments from Review #1 are asfollows:
15. Assuming this development will be using municipal water, the Fire Department would like to
discuss hydrant locations when the time comes. Understood.
16. Want to ensure access to both Crosstown Blvd and Prairie Rd are included and completed before
occupancy of the dwellings. This ensures a secondary access for emergency vehicles.
Understood.
17. Additional comments pending further review. Understood.
Public Works
Public Works comments from Review #1 are as,follows:
18. Proposed Street A needs a temporary cul-de-sac at the west end. The temporary cul-de-sac must
be constructed with this development; it may not be reserved for the ghost plat. The requested
temporary cul-de-sac has been added to the concept plan.
19. Additional comments pending further review. Ok.
Planning Department
Planninz Department comments from Review #1 are asfollows:
20. Preliminary and Final Plat process will be required. Understood.
21. If plans continue forward they will need to be submitted to the Coon Creek Watershed District.
Understood.
22. The property will need to be re -zoned to R-4 Single Family Urban Residential. After re -zoning, a
Conditional Use Permit for a PUD will be required addressing the following items: Understood.
City Code 13-3-9 regulates the findings that are required for a PUD to be approved:
1. The proposed development is not in conflict with the goals of the Comprehensive Plan of
the City_
2_ The proposed development is designed in such a manner as to form a desirable and
unified environment within its own boundaries.
3. The proposed development demonstrates how each modified or waived requirement
contributes to achieving the purpose of PUD.
City Code 13-3-11 identifies Desirable PUD Design Qualities that are sought in any PUD
proposal as listed below.
A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve
the elements of design qualities described in this Chapter.
B. Provides convenient and safe access for vehicles and pedestrians and all types of activity
that are anticipated to be a part of the proposed development_
C_ Provides a tree line buffer between backyards of back-to-back lots-
D. Preserves existing stands of trees an&or significant trees and provides additional tree
plantings.
E. The proposed structures within the development demonstrate quality architectural design
and the use of high -quality building materials for unique design and detailing.
23. A PUD narrative will need to be included with the PUD submission, which would include a table
with deviations from City Code in the current zoning district. For example, the table would show
minimum lot widths under the R-4 zoning, and the proposed minimum lot widths under the
PUD. This will be a part of proving the justification for a PUD, rather than a simple re -zoning to
R-4. This has been discussed with staff and we understand the need for a PUD narrative.
24. Identify and provide justification for all deviations to R-4 zoning district standards on plan set or
within applicant letter. It appears that there will be deviations to City Code related to:
a. minimum lot area (11,400 sgft),
b. minimum lot width (80' min.),
c. minimum lot depth (130' min.)
d. front setback (35' min.)
e. rear setback (30' min.)
f. block length — Block 1 (1,320' max length),
g. cul-de-sac length (500' max) at this time.
h. driveway distance from intersection (60' min.)
The City Council will need to approve deviations from R-4 zoning district standards through a
Planned Unit Development (PUD) agreement. This has been discussed with staff and we
understand the need for council approval of the PUD.
25. PUD narrative — Address tree buffers and screening for neighboring properties We will be
exploring our options to include additional buffers and screenft with special -for
the ad'o� fining southerly neighborhood.
26. Include cul-de-sac length(s) on sketch/concept plan The cul-de-sac length has been added.
27. The lot at 928 Crosstown Blvd should be ghost platted to show access to any possible
redevelopment at that site. For example, access could be provided via a stub street around where
Block 1 Lot 8/9 are currently shown. A ghost plat for 928 Crosstown Blvd. has been
incorporated into the concept plan.
28. The permanent cul-de-sac shown on the ghost plat off of Proposed Street C appears to exceed
500 ft., which would violate City Code. Please provide an alternative design that would provide
access to the ghost platted lots with a street that meets City Code. For example, there could be
access to the NE properties via a stub street at Block 4 Lot 5/6. This has been revised, so that it
does not exceed 500 feet.
2 9. Additional comments pending further review Ok.
Please note that it is a requirement that the Developer responds to each of these items in writing
when re -submitting the revised plat to the City. A digital copy will be emailed to you so that so that
you can type responses below the original comments.
If you have any questi finer at 763.767.5142 or
a.breen(&andoverm C I T Y O F
ER49PW
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
MEMORANDUM
TO: Aidan Breen, Associate City Planner
FROM: David Berkowitz, Director of Public Works/City Engineer
Jason Law, Asst. City Engineer
DATE: January 3, 2025
REFERENCE: Finnes Estates / Sketch Plan / Review #1
The following comments are regarding Review #1
1. Proposed minimum lot dimensions do not comply with City Code for R-4 zoning. The City
Council will need to approve proposed PUD standards to deviate from City Code
requirements. It is understood that a PUD will be required.
2. The Park & Recreation Commission will need to review and determine if land should be
dedicated for a park or if a cash dedication will be recommended in lieu of land. The
applicant has attended the Park and Rec Meeting and it was determined that they would
prefer a cash dedication in lieu of land.
3. The developer is responsible to obtain the necessary permits from the CCWD, DNR,
MPCA, MCES, MnDOH and any other agency that is interested in the site. Understood.
4. Show a ghost plat for the property immediately north of this project. This has been
completed and discussed with staff.
5. There is sufficient sewer capacity to serve the proposed development. Sanitary sewer and
water main service will come from the north at the intersection of Sycamore Street and
Crosstown Boulevard. Water main connection shall also be made at the new street
connection to Prairie Road. Developers engineer will need to layout proposed sanitary
sewer to verify extents of gravity sewer service. Should the property to the south ever
redevelop, sewer service for that area would come from the south. Understood. Plowe
Engineering is reviewing the proposed sewer and water alignments for the project.
6. Provisions shall be made to extend sanitary sewer and water main lines to the west and
east plat lines for future development. Sanitary sewer for the parcel east of the plat should
come in near the north side of the property from Sycamore Street. This is understood.
Easements and/or right of way have been included to accommodate the extension of sewer
and water to the neighboring parcels.
7. Left and right turn lanes are required on Crosstown Boulevard. Additional right of way may
be required on the north side of Crosstown Boulevard for these improvements. For the
intersection at Prairie Road, a right turn lane into the plat is required and either a left turn
lane or bypass lane would be required, pending recommendation from a traffic study. The
need for review of left and riaht turn lanes has been discussed with staff It is also
understood that there is minimal space available and right of wav in place to do so The
developer's engineer will review feasibility to construct If additional right of way is to be
obtained on the north side of Crosstown Boulevard the city would consider assistinq with
this process.
8. Mass grading shall include grading of a pad for future trail construction along the west side
of Prairie Road and the south side of Crosstown Boulevard within the plat boundaries. This
has been discussed, and the need to grade a pad for future trail will be included in design
9. Stormwater design shall meet requirements of the City's Stormwater Management Plan
and Coon Creek Watershed District requirements. This area is generally landlocked, which
would require analysis of 2-100 Year Back -to -Back events and 10-Day Snowmelt unless an
outlet location is determined. Plowe Engineering is aware of this and is taking this into
consideration with their aradinq design.
10.An 80' temporary cul de sac with 13.5' drainage and utility easement is required at the end
of the east / west street. This is understood. A temporary cul-de-sac has been added to the
plan.
11.Additional street extension beyond the west plat boundary would require a second street
connection or emergency vehicle access to Crosstown Blvd as the cul de sac would
exceed 500'. A second street connection (other than at Sycamore Street) would not be
allowed on Crosstown Boulevard due to the proximity of the railroad tracks. City Council
input would be needed regarding if a street connection to the south or emergency vehicle
access to Crosstown Boulevard would be required. Improvements and timing may be
dependent upon any potential redevelopment to the south. This issue is understood. The
need for an emergency vehicle access has been added and noted on the updated concept
plan.
12. Refer to Engineering Design Standards and Engineering Plan Review checklist for
miscellaneous required items if plans evolve beyond sketch plan. Understood.
13. When beginning the platting process, the plat, grading plan and all other plans must utilize
the Anoka County coordinate system and datum so the information can be transferred to
the City's GIS mapping. We are utilizing the Anoka County coordinate system with our
work.
14.Additional comments pending further review. Ok.
Note: It is a requirement that the Developer respond to each of these items in writing Lqet
digital copy from City and type responses below original comment) when re -submitting
the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant
City Engineer at (763) 767-5130 or David Berkowitz, Director of Public Works/City Engineer at
(763) 767-5133.
CONCEPT PLAN
-for- BOULDER CONTRACTING, LLC
-of- FINNES ESTATES
PROPERTY DESCRIPTION
D Z That part of the Northeast Quarter of the Northeast Quarter of Section 23, Township 32, Range 24,
W Anoka County, Minnesota, described as follows:
12 Commenong at the Northeast corner of said Section 23; thence South 58 degrees 52 minutes
i - 30 seconds West alg Me approximate centenine of County State Aid Highway No. 18 a
2 C o tlis[ance of 1260.88 onhet thence South 0 degrees 04 minutes 12 seconds West and parallel
with the West line of said Northeast Quarter of Me Northeast Quarter a distance of 240.0 feet
i Z to Me actual Point of beginning of the tray of IarW to be hereby described; thence South 89
pdegrees 55 minutes 48 Mounds East a distance of 300.0 feet thence North 58 degrees 52
u o a mutes 30 seconds East and parallel with said centerline a distance of 315 88 feet thence
g N j South 31 degrees 07 Mnutes 30 seconds East a distance of 114, 11 feet thence East on a line
a( L9 having a bearing of East and West, a distance of'93 38 feet, more or less, to the East dine of
m u sail Northeast Quarter of the Northeast Quarter; thence South, on a line having a bean ng of
in
O North and South, along the East line of Said Northeast Quarter of the Northeast Quarter, a
distance of 384.42 feet, more or less, to the Southeast comer of said Northeast Quarter of the
QO Northeast Quarter, thence North 88 degrees 25 minutes 49 seconds West along the South line
of said Northeast Quarter of the Northeast Quarter a distance of 1080. 53 feet, more or less, to
ury Z < its Intersection with a line drawn parallel with the Wen line of said Northeast Quarter of the
th m > i Northeast Quarter from the actual point of beginning, thence North 0 degrees 04 minutes 12
.'..0 seconds East along said parallel line a distance of 383.56 feet, mare or less, to the actual point
of beginning.
AND
That part of the Northeast Quarter Of the Northeast Quarter of Section 23, Township 32, Range 24,
e Anoka County, Minnesota, described as follows:
D
O w ,N•r Commencing at the Northeast comer of said Section 23; thence South 58 degrees 52 minutes
,$ 30 seconds West along the approximate mnterlme of County State Aid Highway No. J8 a
distance of 983.77 feet to the actual In f act t o beginning of the tract of land to be hereby W 1 5 9 a
described; [hens! North 58 degrees 52 minutes 30 seconds East along said centeriine a
ZO', i tlWance of 369.91 feet; thence South 31 degrees 07 minutes 30 seconds East a distance of
3 Z 268.49 feet; thence South on a line having a Dearing of North and South a distance of 373.35
feet and being parallel with the East line, Mence West on a line having a bearing of East and
i = West a distance of 260.67 feet, more or less, to the point of intersection with a line drawn
OOO South 31 degrees 07 Minutes 30 seconds East from the point of beginning; thence North along
UDO said line to Me point of beginning a distance of 481.26 feet
AREA COMPUTATIONS
TOTAL SITE AREA: 620,288 S.F. (14.24 ACRES)
PROPOSED LOTS: 32 SINGLE FAMILY RESIDENTIAL LOTS
PROPOSED PUBLIC RIGHT OF WAY: 148,073 S.F. (3.40 ACRES)
GROSS DENSITY: 2.25 LOTS/ACRE
NET DENSITY: 2.95 LOTS/ACRE
ZONING AND SETBACKS
CURRENT ZONING: R-I - SINGLE FAMILY RURAL
PROPOSED ZONING: P.U.D
PROPOSED SETBACKS:
FRONT STREET:
30 FEET
PRAIRIE ROAD:
40 FEET
CROSSTOWN BLVD:
40 FEET
SIDE STREET:
25 FEET
SIDE YARD:
7.5 FEET (FOR BOTH
HOUSE AND GARAGE)
REAR YARD
30 FEET
MINIMUM LOT SIZE:
8,750 S.F.
MINIMUM LOT DEPTH:
MINIMUM LOT WIDTH:
170 FEET
FEET
NORTH
CORNER LOT WIDTH:
87.5 .5 FEET
DOUBLE FRONTAGE LOT DEPTH:
145 FEET
GRAM(- SCALE
60 0 30 60
BENCHMARK
ANOKA COUNTY BENCHMARK
NO. 2035
1 INCH = 60 FEET
ELEVATION = 904.43 FEET (NAVOBB)
NOTES
s p Parts ID Number Address
Zachary B Akers 23-32-24-11-0007 888 Crosstown Blvd NW, Andover, MN $5304
Thomas A. 8 Tamara L Finnes 23.32-24-11-0002 15540 Prairie Road NW, Andover, MN 55304
Field work was been completed by E.G. Rud and Sons, Inc on 8-30-24 and 1D-25-24.
Bearings shown are on the Anoka County Coordinate System.
Surveyed premises shown on this survey map Is In Flood Zone X (Areas determined to be ouwde Me
0.2% annual chance Roodplaln.), according to Flood Insurance Rate Map No 27003CO19SE Community
No. 270689 Panel No. 0195 SURIX E by the Federal Emergency Management Agency, effective date
December 16th, 2015.
Location of utilities existing on or serving the surveyed property determined by
- Observed evidence collected .
- Markings requested by E.G. 0.ud & $dins, Inc. per Gopher State One Call Ticket No. 242290072 for
15540 Pralrle Road NW.
- Record drawings provided by the City of An lovei's engineering department
Excavations were not made during the process of this survey to locate underground udlitles and/or
structures. The location of underground utilities and/or strumnes may vary from IO flors shown hereon
and additional underground umldes and/or structures may be encountered. Contact Gopher State One
Call Notification Center at (651) 454-0002 for verification of utility type and field location, prior to
excavation
This survey Is based upon Information found In the Commitment for tide Insurance prepared by land Tide
Inc., as issuing agents for Stewart Title Guaranty Company, File No. 7D0521, dated effective August gth,
2024 for 15540 Prairie Road NW. For the survey portion of 888 Crosstown Blvd NW, retitle work was
p mvlded. Additional easements, restrictions and/or enctimbraides may exist other than those shown
hereon. Survey subject to revision upon mcelpt of a Current title Commitment or an attorney s title
opin on.
See Existing Condidon5 Survey for Legend.
DRAWN BY: JE" JOB NO: 24p909PP DATE: 12/OS/24
CHECx BY: AR FIELD CREW:_.W
1 12/20/24 REVISE LAYOUT JEN
2 Ol/16/25 REVISE PER CITY COMMENTS ]EN
3
NO. DATE DESCRIPTION BY
L5T.f9TI Professional Land Surveyors
www.egrud.com 6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701
VICINITY MAP
PART OF SEC. 23, TWP. 32, RNG. 24
ANOKA COUNTY, "NNESOTA
(NO SCALE)
(NOT TO SCALE)
DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
F- 5
-{ 5
J L- a -
BEING 5 FEET IN WIDTH, AND ADJOINING SIDE LOT
LINES, AND 10 FEET IN WIDTH AND ADJOINING RIGHT
OF WAY LINES, AND REM LOT LINES, UNLESS
OTHERWISE SHOWN ON THIS PLAT.
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C I T Y O F
NDOVE^
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100
FAX (763) 755-8923 • WWW.ANDOVERMN.GOV
TO: Planning and Zoning Commissioners
FROM: Peter Hellegers, City Planner
SUBJECT: Appointment of Chairperson and Vice Chairperson
DATE: February 25, 2025
DISCUSSION
The Commission is requested to nominate and appoint a Chairperson and Vice
Chairperson. Commissioner Godfrey is the current Chairperson and Commissioner
Loehlein is the current Vice Chairperson.