HomeMy WebLinkAbout01-08-02CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923
Andover Planning and Zoning Commission
Meeting Agenda
January 8 2002
Andover City Hall
7:00 p.m.
1.
Call to Order
2.
Approval of Minutes —November 27, 2001.
3.
Public Hearing: Residential Sketch Plan for a,townhouse project to be known as
`Foxburgh Crossing' located at the northwest comer of Hanson Boulevard and
Andover Boulevard= Boone Builders. Staff report by Courtney Bednarz, City
Planner.
4.
Public llearine: Special Use Permit (02 -01) fora water treatment facility in ,a
rural residential zoning district located at 1813 Crosstown Boulevard NW - City
of Andover. Star Report by Courtney Bednarz, City Planner.
5.
Other Business
6.
Adjournment
CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 27, 2001
The Regular Bi- Monthly Meeting of the Andover Plammng acid Zoning. nimission was
called to order,by Chairperson Jay Squires onNovember 27, 2001, 7:06 p.m" At the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Jay Squires, Commissioners Tim Kirchoff,
Mark Hedin, Douglas Falk, Rex Greenwald, and Dean
Daninger.
Commissioners absent: Commissioner Larry Dalien.
Also present: City Planner, Courtney Bednarz '
Planning Intern, Jason Angell
Others
APPROVAL OF MINUTES;
November 13, 2001 `
Motion by Kirchoff,`seconded by Daninger, approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 2- present (Falk and Greenwald), 1- absent (Dalien) vote.
PUBLIC HEARING: DISCUSSION OF ULTRALIGHT VEHICLES
City Planner Courtney Bednarz explained that the FAA inspected the site and determined
that the residential neighborhoods surrounding the sod field constitute a `congested area',
which means that the flying of uhralights over them, at any height, is' a violation of FAA .
regulations. He stated that to allow FAA enforcement to take place, there must be enough
evidence to conduct a criminal investigation. The FAA doesn't require licensing of the
vehicles or pilots. In discussions with Christine Fiero of the FAA, she indicated that the
decision was made in the early 1980's when ultralights where becoming more popular:
The debate over licensing has been discussed since that time without changes to this
Policy.
Staff contacted the American Planning Association for assistance in locating any
ultralight regulations that exist across the country.. Very few specific regulations for
ultralights were found. Among those communities and states that specifically regulate
.w
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 27, 2001
Page 2
ultralight aircraft, the most common tool is a special use permit or some type of permit
issued by the local government or the FAA. Specific information is provided in the staff
report regarding nationwide regulations.
Mr. Bednarz stated that a range of options are provided in the staff report as a basis for
discussion.
Mike Louis, Section Chief from the Minnesota Department of Transportation — Division
of Aeronautics, stated that the FAA does have full responsibility of the air space, air
traffic control, etc. He went on to give a brief history of how ultralights gained interest
over time as a recreational sport. He stated that the FAA does prohibit flying over
congested areas, and requires at any point during a flight that the ultralight be able to land
safely if the engine were to quit unexpectedly. He mentioned that the state doesn't
regulate ultralight vehicles at any time. He went on to give reasons to support this
statement.
Mr. Louis stated that their office is actively involved in putting on safety seminars for
ultralight pilots; furthermore- they've sponsored a number of flight expos over time. He
stated that they feel ultralights serve as an important part in aviation. He stated that they
haven't seen any accidents in recent years. He mentioned that other requirements for
flying an ultralight are that the pilot can weigh no more than 250 pounds and have 5
gallons of gas. He also mentioned that there are no pilot certificates required; however
the pilots are encouraged to go through a training program. He offered to work with the
group of pilots to evaluate the site and determine flight patterns and other issues that
could be addressed to be neighborhood friendly.
Commissioner Kirchoff questioned if ultralights are regulated over congested areas where
regular aircraft aren't. Mr. Louis explained what actually constitutes controlled air space
and that anything flying into controlled air space must follow the rules of that air space.
He reminded the Commission that ultralights aren't allowed to fly over congested areas.
Commissioner Kirchoff questioned if these rules hold true for heavy aircraft. Mr. Louis
stated that additional regulations are in place for heavy aircraft.
Commissioner Greenwald questioned if it's correct to say with ultralights that there is no
ceiling when flying over a congested area, but instead it's prohibited. Mr. Louis stated
that that is correct.
Mr. Louis reminded the Commission that just portions of the area have been determined
by the FAA to be congested.
Commissioner Greenwald asked Mr. Louis on what is typically said regarding the noise
of ultralights. Mr. Louis stated that they would encourage a sound test to be conducted.
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
Page 3
He mentioned that noise from ultralights is sometimes less than ambient noise of the
surrounding area. He went on to discuss design modifications that can reduce noise.
Commissioner Greenwald asked Mr. Louis if he has heard of any ultralight group that has
been successful regulating themselves. Mr. Louis stated that many times the ultralight
groups do self regulate themselves, furthermore he stated that he's aware of numerous
situations when a group hasn't allowed a pilot to fly because of a concern.
Commissioner Daninger questioned who is Samuel B. Weatherford. Mr. Louis stated
that he doesn't know Mr. Weatherford. Mr. Bednarz stated that he is the investigator
with the FAA that visited the site.
Commissioner Daninger questioned if the FAA has ever enforced or fined anyone
exercising illegal ultralight activity. Mr. Louis stated that he can't think of any specific
instances, however is aware there have been pilots fined for illegal use.
Commissioner Daninger questioned if he saw an ultralight flying over his house, what
would be the appropriate actions to prove it happened. Mr. Louis suggested. -
Commissioner Daninger take pictures.
• Commissioner Greenwald questioned if he could fly an ultralight without any questions
being asked. Mr. Louis stated that if an instructor accompanied him, Commissioner
Greenwald could fly in an ultralight.
Commissioner Greenwald stated that he sympathizes with the residents, since it's difficult
to monitor the ultralight activity.
Commissioner Kirchoff questioned if a pilot were breaking the law would it be more
effective for the resident to call the sheriff or the organization Mr. Louis represents. Mr.
Louis stated that if he were involved in setting up the rules, then it would be fine if a
resident contacted him.
Commissioner Greenwald mentioned that if a situation arises where a pilot is flying over
the congested area the resident is bound to end up calling the City before anyone else.
Chair Squires questioned how the City would require that the site prepare an operational
plan with the assistance of Mr. Louis's office, if there was some consideration to adopt
regulations. Mr. Louis suggested working with the office of aeronautics to create an
operational plan.
Chair Squires questioned if a pilot goes through a program, if they are then certified and
trained. Mr. Louis explained that if someone goes through the program and becomes a
41 registered pilot, they would then receive a number, which tells other pilots and the airport
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
Page 4 .
that the pilot has gone through the training program. He mentioned that the program does
review everything that's necessary to fly safely.
Chair Squires questioned if the City were to require appropriate training, would it be the
correct language to state that they be registered pilots. Mr. Louis stated that that would be
one possibility. Mr. Louis mentioned that there are probably more accidents with
certified pilots than with those who aren't certified due to different flying styles.
Commissioner Greenwald stated that he's concerned since it was stated at the last
meeting by a pilot that they could take off in Ham Lake and fly over neighborhoods in
Andover. He questioned if people who fly ultralights are aware of the rules. Mr. Louis
stated that pilots are responsible for learning and observing all flight standards.
Commissioner Kirchoff questioned where most of the ultralights take off. Mr. Louis
stated that there are a number of private fields in the metro area, however the activity
takes place at some public airports, as well.
Commissioner Greenwald questioned if a pilot were to land in a neighborhood safely,
then would they have broken the law. Mr. Louis stated that technically they would have
broken the law. He mentioned that if the pilot were to land safely and it was because of
an emergency situation, it may be acceptable as long as there was no damage and if there •
was the pilot would pay for the damages.
Commissioner Hedin questioned if people fly during the winter months or if the flying
shuts down. Mr. Louis stated that there is less activity during the winter, however some
do fly.
The public hearing was continued from the last ultralight discussion.
Bruce Vandenboom, 430 146th Lane, questioned how it was determined that the area is
congested and by whom. Chair Squires explained that it was the FAA that determined
the area should be considered congested.
Mr. Vandenboom stated that the residents who were opposed were mostly from the east
of the property and come from lots 2.5 acres in size and wooded, and those that didn't
care were from the more open areas.
Commissioner Kirchoff stated that just portions of the area were determined congested by
the FAA.
Mr. Vandenboom stated that the FAA also says that if the ultralight can land safely there
is no issue. He mentioned that just because they are flying over the congested area
doesn't mean they'll land on a house. •
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 27, 2001
Page S
• Mr. Vandenboom stated that th e area to the east that's been determined congested is
really no larger than 4 blocks by 4 blocks; therefore there are plenty of other areas where
the ultralights could fly.
Gary Garbe, 14856 Evergreen St. NW, stated that he lives just to the east of the field. He
stated that if just one potential homebuyer were to have second thoughts that would be
enough to have a negative impact on the value of a home.
Jim Linehan, 665 148th Lane NW, stated that he can think of a lot more things that could
take place on the property and would be worse than ultralight flying. He mentioned that
it would be much worse if the site were a junkyard or sold to a developer for apartments.
He also mentioned that he watched an ultralight fly one time and it seemed to be one of
the safest things to fly.
Adam Winiarczyk, 14942 Evergreen St. NW, presented the Commission with a handout
consisting a list of facts based on his own personal opinion dated 11- 27 -01. He went on
to review each fact, with a total of 13 being stated. He stated that the residents are
requesting the City to pass an ordinance that prohibits these illegal activities in their
neighborhood through a Special Use Permit. He stated that the permit may conditionally
allow airstrips if they are located far enough from residential areas, are situated on land
• areas large enough for such operations (minimum of 100 acres) with a minimum 1000
foot distance from nearest residence, and meet additional requirements as outlined to the
P & Z Commission during the 10/23/01 meeting. He mentioned that the City of Andover
isn't the rural area it was 10 years ago and as the City develops it needs some public
safety and nuisance regulations to protect communities from unscrupulous individuals
and/or special interests like this club.
Chair Squires questioned if the map included in his handout that outlines the congested
areas is his interpretation or if it's the FAA's determination. Mr. Winiarczyk stated that it
was based on his interpretation.
Chair Squires questioned if a pilot is not in compliance is it possible to prosecute. He
questioned if the FAA would be the one to prosecute. Mr. Winiarczyk stated that that is
correct.
Chair Squires questioned Mr. Winiarczyk if he would like to make part of the record his
e -mail written on November 6, 2001 to Courtney Bednarz. Mr. Winiarczyk stated that he
would like his e-mail included in the minutes as part of the record (attached).
Commissioner Daninger questioned Mr. Winiarczyk on what is a special residential quiet
muffler. Mr. Winiarczyk explained that it's similar to a muffler used near residential
areas on a generator.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 27, 2001
Page 6 •
Commissioner Daninger questioned if he is aware of the decibel level the generators are
at with the muffler. Mr. Winiarczyk stated that he isn't aware of the decibel level.
Commissioner Greenwald stated that he drove by Mr. Winiarczyk's home. He
questioned him if it is determined by the FAA that the ultralights can fly over the 35
acres, will it be something he can live with. Mr. Winiarczyk stated that as long as they
don't fly over his house and/or deck and are within the legal areas then it would be fine.
Commissioner Greenwald stated that the City can't regulate what the flyers do in the air.
Commissioner Kirchoff questioned if the flying has continued. Mr. Winiarczyk stated
that when the FAA started investigating the area the flying stopped.
Christine Winiarczyk stated that Mr. Louis expressed his opinions and professional
thoughts in a biased manner. She stated that Mr. Louis referred to the flyers as a club;
therefore it's likely he has had contact with them. She stated that the flyers have denied
that they are a club. She stated that Mr. Louis mentioned that the flyers need a trainer on
site, however the flyers have denied that the site is being used for flight training.—She
mentioned that the flyers have flown after dark and only 25 to 50 feet over the homes.
Mr. Linehan stated that during the summer they don't continually fly over one's house. •
He stated that it wouldn't be possible for the ultralights to fly at dark since they don't
have lights and wouldn't be able to see the power lines. He stated that the noise level is
the same as a snowmobile. He mentioned that it frustrates him that one can't have fun
because of all the rules and regulations.
Mr. Vandenboom congratulated the Commission on what they've done so far. He stated
that he'd like to think it's unusual to have so many residents come to a public hearing and
not complain.
Wayne Margotto, 134 146th Lane NW, stated that he did complain initially because of the
noise. He stated that he also believes that people should be able to do their hobbies as
they please. He suggested actions be taken to reduce the sound and work with everyone
so that a compromise is met.
Commissioner Kirchoff questioned Mr. Margotto if the ultralights ever flew over his
house. Mr. Margotto stated that they did fly over his house at times and were
approximately 400 feet high.
Mr. Margotto stated that when they fly overhead they really are noisy, however this hasn't
happened for some time.
Commissioner Greenwald questioned Mr. Margotto on the size of his property. Mr. .
Margotto stated that he has a lot 2.5 acres in size.
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
Page 7
•
Motion by Kirchoff, seconded by Hedin, to close the public hearing at 8:45 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Dalien) vote.
Commissioner Kirchoff suggested the Commission recommend 91 of the
recommendations listed in the staff report as a course of action to take from this point on.
He stated that the recommendation is that the FAA governs the aviation and has measures
in place that should be enforced. These regulations provide adequate protection for
residential neighborhoods. He mentioned that this would leave the City out of the loop.
Commissioner Daninger questioned who evaluated the site from the FAA. Mr. Bednarz
stated that Samuel B. Weatherford was the representative from the FAA that came out to
the site.
Commissioner Daninger questioned who Christine Fiero is with the FAA. Mr. Bednarz
stated that she is a supervisor with the FAA.
Commissioner Daninger questioned if the flyers were notified of the public hearing. Mr.
Bednarz stated that the property owner was notified.
Commissioner Daninger questioned if people were notified that show support for
• ultralight flying as a sport. Mr. Bednarz stated that they were notified.
Commissioner Greenwald stated that he's confused as to what the FAA has determined to
be congested. He mentioned that it appears that one area on the map is at least 20 acres in
size, however it's labeled congested. Mr. Bednarz agreed that the area in question is at
least 10 acres. He stated that his discussions with the FAA focused primarily on the
neighborhood to the east of the site. He suggested requesting more clarification from the
FAA.
Mr. Bednarz suggested staff contact the FAA and find out exactly what areas are
considered congested.
Commissioner Greenwald stated that he would like more clarification on what areas are
congested.
Chair Squires stated that what the FAA determines to be congested and what isn't
congested isn't up to the City. He stated that if the FAA determines an area is congested
they enforce it.
Commissioner Daninger questioned if it wouldn't be the responsibility of the flyer to
know what areas are congested and what areas aren't.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
Page 8 •
Commissioner Greenwald questioned how all flyers would know what areas are
congested.
Commissioner Kirchoff questioned Mr. Louis if he would be able to work with the FAA
to determine what areas are congested.
Chair Squires stated that the Commission has encouraged property owners to sit down
and reach a compromise with the flyers. He stated that many times it isn't possible to get
one's way completely. He stated that there needs to be a potential common ground
determined with the assistance of the state. He suggested the FAA be contacted to
receive clarification on what areas are congested and what areas aren't. He stated that
he's disappointed in some of the comments that have been made by some residents and
the presumptions that have been made towards Mr. Louis. He stated that this isn't the
way it works when people sit down and work together and are able to voice their opinions
and beliefs. He mentioned that a plan needs to be created that will address everyone's
concerns in the best way possible, and if there are neighbors who have complaints and
they aren't willing to participate then that's their decision. He suggested Mr. Louis assist
in creating the operational plan that -would include input from everyone.
Commissioner Kirchoff agreed with Chair Squires' statement.
Commissioner Daninger stated that he also agrees with Chair Squires. He mentioned that •
there is also a sound ordinance in place; therefore a sound test would also be helpful in
coming to a resolution. He questioned if the flyers have moved to another area since
there wasn't anyone present.
Commissioner Hedin stated that it doesn't matter if the flyers are classified as a club or
not. He also agreed with Chair Squires. He stated that it really doesn't matter what the
City determines is congested, but instead it's up to the FAA. He stated that adding more
rules and regulations won't help, but instead suggested the flyers work with Mr. Louis
and the residents to create a plan. He mentioned that there already is a noise ordinance in
place that will address the noise concerns.
Commissioner Falk questioned if the number of ultralights flying in an area at one time
would increase the noise level. Chair Squires stated that the sound test that will be
conducted will consist of variations of flying along with weather considerations.
Chair Squires stated that if flyers are flying over areas that the FAA determines to be
congested something should definitely be done about it, however the City isn't the one
who would handle it but instead the FAA.
Commissioner Greenwald agreed that recommendation 41 in the staff report is probably
the best solution. He stated that he isn't bothered by the fact that the flyers aren't present. •
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
• Page 9
Commissioner Greenwald stated that Commissioner Falk has a good point that the
number of ultralights flying will make a difference in the amount of noise generated. He
mentioned that he would hate to say that the site isn't suited for ultralight flying.
Commissioner Kirchoff agreed to allow the flyers to self regulate themselves, and that a
compromise needs to be met by the flyers and the residents.
Chair Squires stated that it will be important that those who are flying are aware of what
areas are congested and what areas aren't under the FAA regulations.
Commissioner Daninger questioned if the Commission is agreeing to no additional
ordinances, but instead letting the parties involved get together and work out the issues.
Commissioner Hedin questioned if the current laws are being enforced in regards to the
noise or does the Council feel the City needs more regulations. He mentioned that he
feels there isn't a need for any more regulations.
Motion by Hedin, seconded by Greenwald, to recommend to the City Council that there
be no additional rules and/or regulations drawn up, but instead that the pilots are educated
on the rules and actively obey them in addition to working with Mike Louis, the state, and
• the residents in creating an operational plan and if the issues aren't addressed in a timely
manner the Planning Commission will hear the concerns and readdress the problems at
that time.
Further Discussion
Commissioner Kirchoff mentioned that it would also be nice to find out what the FAA
considers congested and what isn't congested.
Commissioner Greenwald questioned how a citizen that doesn't fly would prove that an
ultralight is too loud if a sound test isn't conducted, furthermore if the sound test is
conducted some residents will believe that it's biased.
Chair Squires suggested a resident make a complaint to staff if they feel an ultralight is
too loud. Staff will then take enforcement actions if necessary.
Mr. Bednarz stated that staff will do a sound test, however if the City were to hire a
consultant to conduct the test it would cost the City $1,000. He suggested staff contact
the flyers and conduct the test without the assistance of a consultant.
Chair Squires mentioned that the current noise ordinance will help staff to determine who
is violating the City ordinance. Commissioner Greenwald stated that he just wanted to
• make it clear that the City would be doing the sound test and the readings.
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 27, 2001
Page 10
Motion carried on a 6 -ayes, 0 -nays, 1- absent (Dalien) vote.
Mr. Bednarz stated that this item would be potentially before the City Council at the
December 18th Council meeting. He stated that the residents will be notified in advance.
OTHER BUSINESS
Mr. Bednarz mentioned that the terms are up for Commissioners Daninger, Dalien, and
Falk, therefore a one -page letter will need to be submitted in order to re -apply for the
Commission. He stated that the City Council will be conducting interviews in January.
Mr. Bednarz mentioned that the December Planning Commission meetings might be
canceled if no requests are submitted in time.
ADJOURNMENT
Motion by Hedin, seconded by Greenwald, to adjourn the meeting at 9:24 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Dalien) vote.
Respectfully Submitted,
Sara Beck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
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nA CITY OF
1685 CROSSTOWN BOULEVARD N.W. ?ANDOVER, MINNESOTA 55304 ? (763) 755 -5100
FAX (763) 755-8923? WWW.CLANDOVERMN.US
TO: Planning and Zoning Commissioners
CC:
FROM: Courtney Bednalz, City Planneq
y r
SUBJECT: PUBLIC HEARING: Foxburgh Crossing Residential Sketch Plan for
townhouse project proposed to be located at the northwest corner of Hanson
Boulevard and Andover Boulevard.
DATE: January 8,-2002
INTRODUCTION
•
The Planning and Zoning Commission is asked to review a residential sketch plan for a
detached townhouse project. The project area is approximately 6.25 acres and includes four
existing properties between Hanson Boulevard and Ibis St NW.
Review Criteria
Ordinance 10, Section 6 outlines the requirements for sketch plan review. The Planning
Commission is asked to informally advise the subdivider of the extent to which the plan
conforms to the Comprehensive Plan, design standards of city, county, state and federal
agencies and possible modification necessary to secure approval of the plan. Submission of a
sketch plan does not constitute formal filing of a plat.
DISCUSSION
Conformance with Local and Regional Plans and Ordinances
The proposed site is designated Urban Residential Low Density in the Comprehensive Plan
which carries a maximum density of four units per acre. The proposed project would have a
density of between five and six units per acre. The Comprehensive Plan would need to be
amended to change the land use designation from Urban Residential Low Density (URL) to
Urban Residential Medium Density (URM) to allow the amount of density proposed with the
project.
ANDOVER
• The property is currently zoned Single Family Suburban Residential (R -3) which carries a
minimum lot size of 20,000 square feet. The property will need to be rezoned. The most
appropriate zoning district for the proposed project is Multiple Dwelling — Low Density (M -1).
Although the units are not attached this district most closely reflects the density of the proposed
project.
This zoning district, however, was crafted to address twinhouses. The minimum lot width is
150 feet, which is intended to provide one lot for both units. The setbacks also are crafted to
address twinhouses with a front yard setback of 30 feet and a side yard setback of 20 feet. For
these reasons, Planned Unit Development Review would be necessary to adjust the
development standards to the product that is proposed.
The property is located inside the Metropolitan Urban Service Area (MUSA). Utilities will
need to be established to serve proposed the development.
Transition from suburban residential to urban residential
The R -3 zoning district was established primarily for existing rural properties that fell between
• the urban and rural minimum lot size. This district carries a minimum lot size of 20,000 square
feet. Individual Sewage treatment systems (ists) are only permitted on every other lot or one
per 40,000 square feet. The intent was for the second lot, or additional acreage, to be used for
the location of the ists. It was anticipated that the remaining lots would be built upon at the
time that municipal utilities became available.
The subject property followed this development pattern and two homes were constructed
among the four lots. Since that time the area has been included within the Metropolitan Urban
Service District (MUSA) and municipal utilities have been constructed along Hanson
Boulevard, Andover Boulevard and This St NW. The four properties remain unchanged and
continue to utilize private wells and septic systems.
The fact that the subject property lies within the MUSA, that the property cannot be fully
utilized without connection to municipal utilities and that the R -3 zoning district was created
for rural properties indicate that times and conditions have changed such to wan rezoning of
the property to an urban residential district to appropriately reflect the highest and best use of
the property.
Access
The proposed project would be provided access from Ibis Street NW. Four existing accesses to
. Andover Boulevard would be eliminated. A public street would be brought into the project and
end in a cul -de -sac. A private street would provide access to lots fronting on Andover
Boulevard. The design is similar to an alleyway, as the intent is to maximize the visual appeal
of the front of the units by locating the garage to the rear of the unit. This design allows the
perimeter of the project to be free of garages, driveways and roads to preserve this area for the
architecture of the structures to be appreciated. The area also remains open to provide adequate
distance for landscaping between the units and surrounding properties.
The Andover Review Committee has several concerns with the proposed alleyway. The
concerns can be summarized as follows:
1. Ordinance 10 specifically prohibits private streets. The City Council can choose to
uphold this ordinance in which case further discussion of private streets becomes a moot
point. Alternatively, the Council could consider an amendment to this ordinance and
perhaps some specific criteria for private streets to follow.
2. The narrow width of the alleyway (proposed at 20 feet) is below the city standard for
local streets (33 feet) and will provide sufficient width for emergency vehicles to pass if
vehicles are parked on the street. The width can also affect snow removal and general
street maintenance. For example, public streets follow a consistent maintenance
schedule that is designed specifically with public safety and emergencyaccess in mind.
Private streets have an independent maintenance schedule.
• 3. The private nature of the alleyway would require property owners within the
development to be responsible for the long term maintenance and repair of the alleyway.
If the association is not managed properly, reserve funds may not be sufficient to pay for
repairs in which case a large assessment to property owners or city acquisition are the
two likely remedies. The city has limited involvement with homeowners associations
and it is not unlikely that at some point an association or many associations could ask
the city to assume maintenance of private streets.
4. Public utilities will serve this development. These utilities are typically run within the
right -of -way of public streets. With a private street, there is typically no right -of -way
which means that easements in favor of the City to allow access to the utilities would be
necessary.
Effects of street design on the development
The proposed project utilizes the alleyway to provide access to units that would face Andover
Boulevard as well as the interior of the site. The intent is to maximize the visual appeal of the
front of units by locating the garages to the rear and facing the alleyway. This approach
eliminates the need for perimeter streets and frees up the perimeter of the project for well
landscaped open space that provides an attractive edge to the development. Streets should be
designed according to their use. Due to the limited amount of traffic that would utilize the
alleyway, the design calls for less intensive street construction (i.e. reduced width).
0
Double frontage lots
Double frontage lots are prohibited unless one of the frontages faces an arterial street. Hanson
Boulevard is the only arterial street adjacent to the proposed project. This means that the
double frontage lots proposed along Andover Boulevard as well as in the interior of the
development conflict with this provision of Ordinance 10. It is not possible to eliminate access
to Andover Boulevard without creating the need for double frontage lots. It may be possible to
reconfigure the interior of the development to eliminate double frontage lots in the interior of
the development. This approach, however, would depart from the intent of the proposed design
which is generally to maximize the visual appeal of the perimeter of the development and
specifically to enhance the front of the townhouse units.
Surrounding properties
Surrounding properties have been developed with single family houses. The Nature's-Run
townhouse development is beginning to get underway on the south side of Andover Boulevard.
A Single Family Urban Residential (R-4) zoning district exists on the north side of Andover
• Boulevard. A Single Family Suburban District (R -3) also exists on the south side of Andover
Boulevard.
The construction of 145 Lane for this project would cause the existing lot immediately north
of the project area on the east side of Ibis Street to become a comer lot. The street as shown
would allow the existing house to be setback ten feet from the right -of -way. Comer lots must
have a side yard setback of at least 25 feet.
Proposed Outlot
The north edge of the project area is intended to be platted as an outlot to reserve this area for
future residential development. Sketches of this area have included examples of both detached
and attached housing.
Wetland Mitigation
The plan indicates that a sedimentation pond will be created between the development and
Hanson Boulevard to accommodate surface water runoff.
• Other Ordinances
The developer is also required to meet the following City Ordinances and all other applicable
ordinances:
Ordinance No. 8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdivision Ordinance
Ordinance No. 107, Shoreland Management Ordinance
Ordinance No. 108, Flood Plain Management Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU 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. _—
Park and Recreation Commission Comments
• The Park and Recreation Commission will review this item at an upcoming meeting.
Staff Recommendation
The Planning and Zoning Commission is asked to informally advise the applicant on
adjustments to the proposed project to conform with local ordinances and review criteria.
The Commission is asked to specifically discuss the following items:
1. Does the Planning and Zoning Commission feel that the site is appropriate for this type
of development and that the Comprehensive Plan and Zoning designation should be
changed to accommodate it?
2. Is the use of a private street or alleyway, in conjunction with a public street, an
acceptable means to provide access within the project considering the city's current
ordinances, and the developer's design goals for the proposed project?
ACTION REQUIRED
. Discuss the potential for the proposed development.
Attachments
Location Map
Sketch Plan
Public Notice
Res ctfully submitt ,
o Z
Cc: Steve Boone, Boone Builders 6712 Bryant Avenue North, Brooklyn Center, MNN 55430
•
•
Boone Builders
Residential Sketch Plan
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AAKER STACY L & SUSAN G
146TH AVE NW
OVER, MN 55304
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AASE GREGORY C & ANITA Z
14588 IBIS ST NW
ANDOVER, MN 55304
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ARKELIN KEVIN R & JANET L BOWER DAVID R
14589 IBIS ST NW 1736 ANDOVER BLVD NW
ANDOVER, MN 55304 ANDOVER, MN 55304
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BUTORAC CARRIE J
14567 JAY ST NW
ANDOVER, MN 55304
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COOPER MICHAEL R &
CAROLJ
1fj,Q0 146TH AVE NW
OVER, MN 55304
CHASKA BRADLEY A &
MICHELLE A
1709 146TH AVE NW
ANDOVER, MN 55304
CURRENT RESIDENT
1703 ANDOVER BLVD NW
ANDOVER, MN 55304
273224140003
CRUCE MICHAEL G & KAREN
L
14532 JAY ST NW
ANDOVER, MN 55304
DRYDEN RANDY & DEBBIE
6700 VIKING BLVD
ANOKA, MN 55303
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FRISBY ROBERT L &
JENNIFER M
14555 JAY ST NW
ANDOVER, MN 55304
1 ANDORFF JOHN W & MARY
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1673 146TH AVE NW
ANDOVER, MN 55304
HERDA BRIAN A & PAMELA J
14564 IBIS ST NW
ANDOVER, MN 55304
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1685 146TH AVE NW
ANDOVER, MN 55304
ENZMANN THOMAS &
BALASKI C
1718 ANDOVER BLVD NW
ANDOVER, MN 55304
GRUNZ WILLIAM R JR &
KELLY R
14601 GROUSE ST NW
ANDOVER, MN 55304
HEAD RUSSELL P &
BEVERLEY A
14579 JAY ST NW
ANDOVER, MN 55304
HUBERTY THOMAS A
14611 GROUSE ST NW
ANDOVER, MN 55304
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JOHNSTON JEFFREY A &
JAYNE E
14540 IBIS ST NW
ANDOVER, MN 55304
BRENDEN PAUL
1654 146TH AVE NW
ANDOVER, MN 55304
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CHIABOTTI MICHAEL J & J S
1559 144TH AVE NW
ANDOVER, MN 55304
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CLEVELAND THOMAS C &
DIANE
1721146TH AVE NW
ANDOVER, MN 55304
DAMMANN RANDALL J &
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14620 GROUSE ST NW
ANDOVER, MN 55304
FISCHER BRIAN M
1571 144TH AVE NW
ANDOVER, MN 55304
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GUGISBERG MARK R & S L
14608 DRAKE ST NW
ANDOVER, MN 55304
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HERDA BRIAN A & PAMELA J
14564 IBIS ST NW
ANDOVER, MN 55304
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HUPP WILLIAM G & K M
1650 ANDOVER BLVD NW
ANDOVER, MN 55304
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JOHNSTON JEFFREY A &
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14540 IBIS ST NW
ANDOVER, MN 55304
JONES JIMMY G & TAMMY JO JONES JOHN J & DEBRA J
�1 146TH AVE NW 14531 JAY ST NW
OVER, MN 55304 ANDOVER, MN 55304
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LARSON MATTHEW J
14621 GROUSE ST NW
ANDOVER, MN 55304
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MATTSON THOMAS P &
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14520 JAY ST NW
ANDOVER, MN 55304
PALO JUANITA M
1680 ANDOVER BLVD NW
ANDOVER, MN 55304
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PETTMAN MICHAEL R &
MARCI L
14552 IBIS ST NW
ANDOVER, MN 55304
SEVERSON DOUGLAS L &
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j 76 IBIS ST NW
OVER, MN 55304
STERN DARELL O
7710 MAIN ST NE
FRIDLEY, MN 55432
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WHEELER CALVIN R & CINDY
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14528 IBIS ST NW
ANDOVER, MN 55304
PERALA TIMOTHY K
14565 IBIS ST NW
ANDOVER, MN 55304
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SCHMELING JAMES D &
SHERYLE G
14516 IBIS ST NW
ANDOVER, MN 55304
SPIELMANN DARCY J &
CANDACE F
1678 146TH AVE NW
ANDOVER, MN 55304
STERN DARELL O
7710 MAIN STREET NE
FRIDLEY, MN 55432
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WILLIAMS KEVIN R & HILL
DINAL
14577 IBIS ST NW
ANDOVER, MN 55304
KALLESTAD J S & HOLMES K
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1748 ANDOVER BLVD NW
ANDOVER, MN 55304
OLSON DONALD R & LINDA L
14591 JAY ST NW
ANDOVER, MN 55304
273224140073
PETERSON JOHN M
14553 IBIS ST NW
ANDOVER, MN 55304
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SCHWEISS CARMEN R
14543 JAY ST NW
ANDOVER, MN 55304
273224140069
STAY DANIEL R & PATRICIA
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1668 146TH AVE NW
ANDOVER, MN 55304
STREICH ROGER & DARLENE
1583 144TH AVE NW
ANDOVER, MN 55304
263224320077
WOODWORTH DEE J & ANITA
14606 DRAKE ST NW
ANDOVER, MN 55304
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. ? ANDOVER, MINNESOTA 55304? (763) 755 -5100
FAX (763) 755 -8923 ? WWW.CLANDOVER.MN.US
TO: Planning and Zoning Commissioners
CC:
FROM: Courtney Bednarz, City Planne
SUBJECT: PUBLIC HEARING: Special Use Permit (02 -01) for a water treatment facility
to be located at 1813 Crosstown Boulevard NW for the City of Andover
DATE: January 8, 2002
INTRODUCTION
The Planning and Zoning Commission is asked to recommend approval of a special use permit
to allow a water treatment facility to be located at 1813 Crosstown Boulevard.
DISCUSSION
The subject property is zoned Rural Residential (R -1). Public utility uses, including water
treatment facilities, require a special use permit to be located in any residential district.
Bolton and Menk have been selected as the design consultant for this project. They have
provided a boundary survey and letter summarizing the project (attached).
Due to the fact that the final design of the project has not been completed, the Planning and
Zoning Commission is asked to identify criteria to be used in the design of the project to
prevent conflicts with surrounding properties and to promote efficient site design.
The following items have been identified by staff as components of review that will be
conducted as information becomes available:
1. Relationship with residential properties to the north and west Building setbacks,
screening and prohibiting the location of loading areas or external traffic generators,
such as an above ground fuel tank, on these sides of the building.
2. Overall design The design of the building will largely be guided by functionality. It is
also important to ensure that the architectural design of the structure maintains the
campus style look that has been identified for the City Center campus.
3. Efficient Design The water treatment facility will have a relatively small number of
operators considering the size of the building. Therefore, the design will incorporate
shared parking with the Public Works site and a parking area that provides a bus drop
off for tours and a number of parking stalls based on the number of workers at the site.
ACTION REQUIRED
Recommend approval of Special Use Permit #02 -01 and identify any additional review criteria
for the proposed project.
Attachments
Resolution
Location Map
Plat Map
• Letter
Public Notice
Resp tf f ysubmitted,
Courtne If - rz
•
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE CITY OF
ANDOVER TO CONSTRUCT A WATER TREATMENT FACILTIY ON PROPERTY
LOCATED AT 1813 CROSSTOWN BOULEVARD NW.
WHEREAS, the City of Andover has requested a Special Use Permit to construct a water
treatment facility on residential property located at 1813 Bunker Lake Boulevard; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 8, Section 4.26; and
•
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of Andover;
and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval
of the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit on said property with the following conditions:
1. Building and Fire Department review and issuance of a building permit.
2. Building setbacks, screening and prohibiting the location of loading areas or external
traffic generators, such as an above ground fuel tank, will be reviewed to ensure
compatibility with surrounding properties.
3. The architectural design of the structure shall maintain the campus style look that has
• been identified for the City Center campus.
• 4. The design of the parking area will incorporate shared parking with the Public Works
site and a parking area that provides a bus drop off for tours and a number of parking
stalls based on the number of workers at the site.
Adopted by the City Council of the City of Andover on this 3' day of July, 2001.
CITY OF ANDOVER
ATTEST:
Michael R Gamache, Mayor
Victoria Volk, City Clerk
0
City of Andover
Special Use Permit
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Andover, MN
• Water Treatment Facili ty
The City is planning to construct a 6,200 gpm Water Treatment Facility on the
2.28 acre site adjacent to the existing Public Works Facility. This facility will include
aeration, detention and filtration treatment processes. Chemical handling and storage
facilities for process chemicals will be incorporated into the facility. Finished water
storage and high service pumping facilities will also be included in this facility. The
Water Treatment Facility Building will be designed to compliment the architectural
features of the existing Public Works Facility Building and City Hall Building.
•
r �
U
OSTROWSKI FREDERICK J CURRENT RESIDENT CURRENT RESIDENT
a1 CROSSTOWN BLVD NW 1853 CROSSTOWN BLVD 1831 CROSSTOWN BLVD
COVER, MN 55304 Andover, MN 55304 Andover, MN 55304
223224420008 223224420011 223224420004
CURRENT RESIDENT
1900 CROSSTOWN BLVD
Andover, MN 55304
223224430002
•
SLYZUK KENNETH L & M A
15211 NIGHTINGALE ST NW
ANDOVER, MN 55304
223224420002
•