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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
July 11, 2006
Andover City Hall
Council Chambers
7.00 a.m.
1. Call to Order
2. Approval of Minutes — June 13, 2006.
3. Discuss MPCA Land Use Plan for WDE Landfill/Presentation by MPCA Staff
4. PUBLIC HEARING Preliminary Plat of Andover Marketplace East 2 °d
Addition to create two commercial properties from Outlot C of Andover
Marketplace East located at the northeast corner of Station Parkway and
Quinn Street NW.
5. PUBLIC HEARING Conditional Use Permit (06 -03) to allow off sale
liquor sales on property located at the northeast corner of Station Parkway and
Quinn Street NW.
6. PUBLIC HEARING Rezoning (06 -03) to rezone property from R -1, Single
Family Rural Residential to R -4, Single Family Urban Residential for
property located at 1177 161" Avenue NW.
7. PUBLIC HEARING Preliminary Plat of Country Oaks South, a single
family urban residential development containing 3 lots located at 1177 161
Avenue NW.
8. PUBLIC HEARING Rezoning (06 -04) to rezone property from R -1, Single
Family Rural Residential to R -4, Single Family Urban Residential for
property located at 1341 and 1433 161" Avenue NW.
9. PUBLIC HEARING Preliminary Plat of White Pine Wilderness, .a single
family urban residential development located at 1341 and 1433 161 Avenue
NW.
10. Other Business:
0 11. Adjournment
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - June 13, 2006
DATE: July 11, 2006
Request
The Planning and Zoning Commission is asked to approve the minutes from the
June 13, 2006 meeting.
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C C I T Y 0 F -Aye
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PLANNING AND ZONING COMMISSION MEETING — JUNE 13, 2006
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The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on June 13, 2006, 7:00 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners
Commissioners absent:
Also present:
Chairperson Daninger, Commissioners Tim Kirchoff,
Michael Casey, Valerie Holthus, and Michael King.
Commissioners Rex Greenwald and Devon Walton.
City Planner, Courtney Bednarz
Associate Planner, Chris Vrchota
Others
APPROVAL OFA17NUTES.
May 23, 2006
Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
VARIANCE (06 -04) TO VARY FROM THE DRIVEWAY SETBACK
REQUIREMENTS OF CITY CODE 12 -13 -9 TO ALL OWA SHARED DRIVEWAY
FOR PR OPER TY LOCA TED AT 1947 MI AVENUE NW.
Mr. Vrchota explained the applicant is requesting a variance to City Code section 12 -13-
9, which requires that driveways be setback 5 feet from the property line to allow a
shared driveway access to 161` Avenue NW (County Road 20).
Mr. Vrchota discussed the staff report with the Commission.
Commissioner Kirchoff asked what the five foot setback was for the driveway. Mr.
Vrchota stated City Code requires that all driveways be setback five feet from any
property line and since this is a shared driveway, there would be a zero setback.
Chairperson Daninger asked if one of the property owners sells, what happens to the
shared driveway. Mr. Vrchota stated that would be addressed by the shared access
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 13, 2006
Page 2
agreement and would be recorded with the properties to ensure access is permanently
granted.
Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of
the proposed variance based on items one and two, the circumstances are unique to the
property that were not created by the landowner themselves and it will not be out of
character with the neighborhood. Motion carried on a 5 -ayes, 0 -nays, 2- absent
(Greenwald, Walton) vote.
Mr. Vrchota stated that this item would be before the Council at the June 20, 2006 City
Council meeting.
PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY
URBAN RESIDENTIAL DEVELOPMENT AND PLANNED UNIT
DEVELOPMENT LOCATED SOUTH OF BUNKER LAKE BOULEVARD ON
SEVERAL PROPERTIES BETWEEN CROOKED LAKE BOULEVARD AND
GLADIOLA STREET NW.
Mr. Bednarz explained the Planning Commission is asked to review a sketch plan
containing 25 detached townhomes and four existing homes that would remain. The
proposal combines several properties and the rear yards of several others into what could
be considered an infill project.
Mr. Bednarz discussed the staff report with the Commission.
Chairperson Daninger asked if it was his understanding that the applicant was asked to be
prepared to discuss the PUD with the Planning Commission. Mr. Bednarz indicated that
was correct.
Commissioner Holthus asked under site design where it says "typically public streets are
required to be thirty -three feet wide, however twenty -eight feet wide public streets have
been approved in PUD's in the past ", is a variance required for the twenty -eight foot
street widths or is it automatically approved with the approval of a PUD. Mr. Bednarz
stated the street width and a lot of the other standards that are being requested through
the PUD would be approved as a separate list of requirements for the development. It
would not technically require a variance.
Motion by Kirchoff, seconded by Casey, to open the public hearing at 7:18 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
Ms. Dawn Schnickles- Johnson, 1553 140' Lane NW, distributed a prepared statement
(attached to staff report). She stated her parents live at 13526 Crooked Lake Boulevard
and her relatives and several neighbors will be impacted by this. She stated at the
neighborhood meeting the neighbors expressed their concerns and objections to this
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 13, 2006
Page 3
project. She stated there has not been any consideration on the impact this project will
have on the streets, sewer and water and the neighborhood overall. The developer chose
not to appear before the citizens and chose to send an assistant to represent this
development. She was sent unprepared with drawings and documents that did not reflect
the actual plans for the development and homes.
Ms. Schnickles - Johnson stated this proposal is asking for several variances to be made
and in some instances the lots are not equal to the size of the existing homes in the
neighborhood. She noted that most of the residents have lived in the neighborhood for
over thirty years and take pride in the quiet peace of Andover. The thought of fifty or
more vehicles spilling out onto 135'' Lane NW from two narrow roads, Gladiola and
Edelweiss, which would be twenty -eight feet instead of thirty -three feet wide, is simply
ridiculous. She also explained that it states in the proposal that they also want to a
variance to make the two cul -de -sacs eighty -two feet in diameter versus the typical
ninety -three foot, this would make it more difficult for emergency vehicles to turn around
in.
Ms. Schnickles - Johnson stated the only way out of this development would be onto
Gladiola and a right turn onto Bunker Lake Boulevard heading east or onto 135 Lane
NW and north onto Crooked Lake Boulevard to make the turns to go either east or west
onto Bunker Lake Boulevard Currently there is no stop light at that intersection and
currently with the traffic, it is already dangerous. It was explained at the meeting that
Bunker Lake Boulevard is a County Road and therefore any traffic changes would be
decided by Anoka County and not the city of Andover. She did not think this
development fit into the neighborhood.
Mr. Ernesto Gonzalez, 13354 Gladiola Street NW made a PowerPoint presentation
explaining his reasons against the proposed development. He explained he was
concerned about traffic, sewer and water, the number of proposed homes, tree loss, the
lack of trail connections, the lack of advancement of any of the goals of the
Comprehensive Plan. He stated that some trade offs may be acceptable, but the current
plan is unreasonable.
Ms. Claudia Johnston representing her mother, Ms. Germaine Hamlet at 13563
Edelweiss, stated her mother was aware that the landowners have the right to sell their
property and the developer has the right to develop the property. She thought the staff
report explained the reasons why the development should not be put in as presented.
They hoped the Planning Commissions recommendation to Council is that they do not
approve the sketch plan as presented but if the developer is serious about what he would
like to do here and if he is willing to work with staff and the neighbors, if the developer
could come up with a better plan, something could be put in there.
Mr. John Backan stated he has lived in Andover since 1473. He has seen Andover grow
• and thought the Planning Commission has done a great job but this site plan is the worst
he has ever seen. He noted in the plans there are fences that are proposed to go up along
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 13, 2006
Page 4
Bunker Lake Boulevard and he felt if a fence needed to be put up to shield a
neighborhood, there is already trouble with the project. The aesthetic value of the homes
will go down because of this proposed development. He noted that being in the real
estate business, he believed the value of the homes in the neighborhood will decrease
between eight and fourteen percent if the development is approved. He concurred with
what the other residents have talked about.
Mr. Lester Bryant, 2830 135 Lane NW, stated this is a high school walker area so there
will be more cars coming and going in the area because of this. He stated the idea of
splitting the building maintenance and ground maintenance is something he has not heard
of and did not think something like this will work. He stated this development is way too
dense and does not fit.
Mr. Vic Evans, 13553 Gladiola Street, asked what the sketch plan represented as far as
the type of size and type of units being proposed.
Ms. Kim Jabloski, 2743 130 Lane NW, asked if these would be considered single family
dwellings. Her concern is that there would not be any City controls over them if they
were to turn into investment properties and become rental units. Chairperson Daninger
stated if this would be a PUD, the City could imply standards so things like that cannot
happen. Mr. Bednarz the City does not get involved in the rental of a single family home
which these would be considered. Ms. Jabloski stated they are already having issues with
rentals in the area and is a concern for her and others in the neighborhood.
Mr. Jerry Berry, 13526 Gladiola Street, stated his concern is for safety of the children in
the neighborhood and them walking to school and around the neighborhood.
Ms. Dianne Dickson, 16368 Wren Street, stated she was at the meeting to speak for her
father who lives at 13565 Gladiola Street. She wondered if in the process will the
residents have the opportunity to influence or at least observe and understand, what
would be included in the PUD since the existing proposal does not give them anything to
give them any sort of warmth or comfort about the measures they think should be taken
into effect. Chairperson Daninger stated in a Preliminary Plat of a PUD the developer
will need to have all of these things spelled out and there will be another opportunity to
take public hearing on that.
Mr. Tim Foley, 13520 Gladiola Street, stated his concern was if they do go ahead with
the development there will be a certain amount of fill and this is going from a hill down
to 135' Lane and the pond is at the top of the hill along Bunker Lake Boulevard. He
stated he was concerned about the drainage into the lake and what sort of impact it will
have on the lake. Chairperson Daninger indicated a development cannot affect the
adjacent properties with things like drainage.
Mr. Dan Schmitke, 13725 Edelweiss Street, asked if there is any accommodation for
noise in the PUD because there will be fewer trees.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 13, 2006
. Page 5
Mr. R.T. McFeeters, 13558 Gladiola Street, stated he moved into the neighborhood in
1964 and this development will increase the traffic. He stated traffic is not enforced at
this time. He wondered how they could increase the traffic and hope to keep a handle on
it.
Ms. Gloria Benjamin, 13625 Gladiola Street, stated things have changed a lot through the
years and they know the City will do the right thing.
Ms. Josephine Larson, 13527 Heather Street, stated she has recently adopted the Crooked
Lake Access Park because she walks nearly daily and picks up the area. She noted that
adding more homes will add concern. She also bikes with her children to Crooked Lake
Access Park and with it becoming increasingly busier; she will have concerns about
allowing her children to bike there on their own.
Mr. John Backen asked the developer to explain the reasons why the rear end of the
homes will face Bunker Lake Boulevard and Coon Rapids. They have boats that sit
behind the houses along with snowmobiles. This will be a sore site driving on those
roads seeing those things parked in the backyards.
Mr. Dan Schmitt asked if affecting home values of the surrounding homes was included
in the proposal as well.
Mr. Wayne Layman, 13732 Edelweiss, stated as developments were brought into the
area, it affected the traffic and neighborhood. He thought they were being too hasty and
did not think the developer was prepared with all of the requested variances.
Mr. Lester Bryant stated this area is also a must walk area for Crooked Lake School and
it extends quite a way south, into Coon Rapids so there are a lot of kids walking from
Gladiola.
Chairperson Daninger noted that sometimes when a new development comes in, some
surrounding streets get improved.
Ms. Dawn Schnickles- Johnson stated at the neighborhood meeting upgrades to streets
was discussed and the comment was that improvements to the roads would be done
during the normal maintenance cycles and not because of the development.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:01 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
Mr. Todd Ganz, owner of Merritt Development, stated he was at the meeting to answer
their questions.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 13, 2006
• Page 6
Chairperson Daninger asked what the size of the units will be. Mr. Ganz stated at this
time, during the sketch part of this, they are estimating the minim to be 1,100 S.F. per
to 1,800 S.F. foundation size.
Mr. Ganz stated regarding the number of garages per units is based upon the size of the
lot, the minimum will be a 440 S.F. two car garage and three car garages where space
allowed.
Chairperson Daninger asked Mr. Ganz what the estimated home value will be. Mr. Ganz
stated based upon current pricing, minim will be at $245,000 for the least expensive
home.
Chairperson Daninger stated there was a concern with noise and he wondered what the
developer will do regarding it Mr. Ganz stated he planned to save as many trees as
possible to buffer along Bunker Lake Boulevard and to buffer between the existing
homes that area already there and they will be doing a tree preservation study for the
development.
Chairperson Daninger stated there was a question regarding the direction the houses will
face. Mr. Ganz stated he was hoping to have the garages facing one another and have a
shared driveway. He thought it was more appealing to have windows, stone and shake
facing the road then a garage door.
Chairperson Daninger asked what the developer had to say about drainage affecting
adjacent properties. Mr. Ganz stated it would not affect adjacent properties.
Commissioner Kirchoff asked if there was any reference regarding a trail along Gladiola.
W. Ganz stated they have not included it but would be willing to include them in the
plans for the streets.
Mr. Ganz stated regarding rentals, in the developments they have done, he has not heard
of any rentals or leases turning up because of the price point. Mr. Ganz explained what
the homeowners association would be responsible for in the development.
Commissioner King asked if there would be any open spaces in the development. Mr.
Ganz stated they did not have any open spaces designed into the project right now. He
noted they could add some to make the development more appealing.
Commissioner Kirchoff stated he has not seen any real improvements. He asked Mr.
Ganz what the improvements would be for a PUD. Mr. Ganz stated the 2,500 S.F. of
living space is an improvement. Having the structure maintained on a regular basis
would provide an appealing neighborhood, enhancing the landscaping, tree buffers, six
• foot evergreen trees, fencing to buffer and the open space he in the back of some of the
deep lots would be improvements. He also would like to connect trails, install sidewalks
and Eidelweiss would probably be improved which would be a benefit to the City.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 13, 2006
• Page 7
Commissioner King stated there will be a number of trees removed and he wondered if
trees will be moved or replaced. Mr. Ganz stated they plan to plant both evergreen and
deciduous trees.
Commissioner Kirchoff thought the development could lose a few homes and make it
more spacious. Mr. Ganz stated he would not be opposed to that
Chairperson Daninger indicated he was in favor of a well designed PUD. He thought the
applicant should work with staff and address the concerns of the neighborhood and
reduce the number of units. He also stated that all of the improvements need to be shown
on the plans. The Commission agreed.
Mr. Bednarz stated that this item would be before the Council at the June 20, 2006 City
Council meeting.
PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY
R URAL RESIDENTLAL DEVELOPMENT LOCATED AT 17404 WARD LAKE
DRIVE"
Mr. Bednarz stated the Planning Commission is asked to review a sketch plan containing
five rural lots.
Mr. Bednarz discussed the staff report with the Commission.
Commissioner Kirchoff asked if the second access was the reasonable spot for it to go.
Mr. Bednarz stated they look at topography and look at where the road can physically be
built. It does need to go to the north and there are several options that would depend on
the development plans of the property owners.
Commissioner King stated the road going to the north shows a cul -de -sac in the north
going south, he knew the area was all undeveloped at this time and is a high area_ He
wondered if the property owners were contacted and have they seen it Mr. Bednarz
stated the typical notification was provided but there has not been a lot of interest in the
sketch plan at this time. He has not been contacted by anyone in the neighborhood
regarding this development.
Commissioner Holthus asked if the gravel portion of Ward Lake Drive would be paved
and if other residents not in the development would be assessed for road improvements.
Mr. Bednarz explained that the development would be asked to pay a proportionate share
of the road improvements and that property owners outside of the development are
. typically not assessed for road improvements until the time that they develop. The
Council will need to determine at what time the road will be paved.
Regular Andover Planning and Zoning Commission Meeting
Minutes —June 13, 2006
• Page 8
Motion by Casey, seconded by Kirchoff, to open the public hearing at 8:37 p.m Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
Ms. Lilly Grey, 17947 Hanson Boulevard, stated she walks everyday along Ward Lake
Drive and she noticed the proposed change sign. She wanted to have the Commission
understand that this is a rural area and if they put in mad lights, that they shine down
instead of up into the sky. She thought the gravel road needed to be paved because cars
drive through there very fast.
Motion by King, seconded by Casey, to close the public hearing at 8:41 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
Ms. Kathy O'Connell, WRA, representing Select Homes, made a presentation to the
Commission regarding the proposed development.
Commissioner Holthus stated one of the requirements they would have to do is to
demonstrate the buildability of each lot. She wondered if this was a major concern. Ms.
O'Connell did not think it was a concern.
Commissioner King stated he lives in that area and there are many trees in the area. He
• wondered if they planned on keeping a lot of the trees. Ms. O'Connell stated that is one
of the main considerations for where the road and cul-de -sac are located. She noted they
had noticed on the knoll there were a couple of beautiful Oak trees so they adjusted the
street and will further refine it when they get the final topography and locate key trees.
Commissioner King wondered if the street will be thirty -three feet wide. Ms. O'Connell
stated they will put in whatever road width that the city requires but would prefer to
reduce the street width because that much paving is simply not needed.
Chairperson Daninger thanked Ms. O'Connell for explaining the development to the
Commission.
Chairperson Daninger indicated the development looked good and should be pursued.
The Commission agreed.
Mr. Bednarz stated that this item would be before the Council at the June 20, 2006 City
Council meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Commission on previously reviewed items.
• Commissioner Kirchoff noted he picked up an architecture monthly magazine and the
Community Center was m it an d apparently they have won an award and thought it was
great.
Regular Andover Planning and Zoning Commission Meeting
Minutes — June 13, 2006
• Page 9
Commissioner Casey stated this Thursday there will be an open house provided by the
Andover EDA from 5:00 to 7:00 to review the Andover North project general business
area. The public is welcome to come.
ADJOURNMENT.
Motion by Casey, seconded by Holthus, to adjourn the meeting at 8:50 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Greenwald, Walton) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
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• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissio ers
FROM: Courtney Bednarz, City PlanneT
SUBJECT: Discuss MPCA Land Use Plan for WDE Landfill/Presentation by MPCA Staff
DATE: July 11, 2006
INTRODUCTION
The Minnesota Pollution Control Agency (MPCA) has prepared a land use plan for the closed
landfill commonly referred to as the WDE site. A presentation by the MPCA will describe the
process that was undertaken and the recommendations of their plan.
DISCUSSION
A copy of the plan is attached. The pertinent conclusions of the plan can be found on pages 8
and 9 of the plan. Staff offers the following recommendations to address the plan's conclusions:
1. An ordinance amendment will need to be prepared to correctly refer to the lines on
`Exhibit A' that delineate the 200 and 500 foot setbacks from the landfill. Attachment B
illustrates the issue raised by the plan.
• 2. Attachment B is the section of the City Code that was adopted as Ordinance 19 on March
4, 1997. MPCA has been informed of this action. The map will need to be made
available in printed and online copies of the City Code.
3. A Zoning District specific to the landfill should be created and the landfill properties
should be rezoned to this designation, as suggested by the plan.
ACTION REQUESTED
The Commission is asked to receive the information presented by the MPCA and to make a
recommendation to the Council concerning actions that should be taken by the city in response to
the WDE Land Use Plan prepared by the MPCA. The necessary steps to complete the
recommendations outlined above will commence if authorized by the Council.
Attachments
Attachment A: MPCA Land Use Plan
Attachment B: City Code City Code 9 -1 -6
7ble4nJ1 b ed,
n
Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520
Lafayette Road St. Paul, MN 55155 -4194
Attachment A: MPCA Land Use Plan
Minnesota Pollution Control Agency
LAND USE PLAN
WASTE DISPOSAL ENGINEERING LANDFILL
MPCA produced this report with the assistance of Sanders Wacker Bergly, Inc.
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March 30, 2006 0
•
Table of Contents
Pages
I. Introduction 1
Possible Problems Associated with Closed Landfills 1
Purpose of Land Use Plan 2
II. Site Location and Description 2
II. Site History and Remediation System 3
IV. Environmental Impacts from the Landfill 4
Groundwater Contamination 5
Gas Migration 5
V. Land Use Issues 5
Controls, Easements, Other Restrictions 6
Hazard Disclosure Document 7
Existing and Future Land Use 7
VI. Discussions / Conclusions 8
Andover City Ordinance 19 — Recommendation 8
Qualified Facility 8
Property Outside the Qualified Facility 8 -9
Figures
1 — Boundary Survey -URS 2006
2 — VOC Levels: Base of Upper Sand Aquifer
3 — Flow at the Base of Upper Sand Aquifer
4 — Landfill Cleanup Agreement: Document # 1203355
5 — Refuse Limits, with 200' and 500' zones
6 — Andover City Ordinance 19
7 — Wetlands and Floodplains
8 a & b — All Development Restrictions
9 — Comprehensive Plan: Guided Land use
10 —Zoning Districts
Appendices
A — Fact Sheet: Closed Landfill Program — Land Use Plans
B — Fact Sheet: Waste Disposal Engineering Landfill — Closed Landfill issues
. C — Potential Hazards at Closed Landfill Sites — WDE Landfill, Andover, Minnesota
D — District CLR — Closed Landfill Restricted
• Land Use Plan
Waste Disposal Engineering Landfill
Introduction
In 1994, the Minnesota Legislature adopted the Landfill Cleanup Act (LCA) (currently codified at
Minn. Stat. 115B.39 - 1156.445) which created the Closed Landfill Program (CLP). Under the
CLP, the Legislature authorized the Minnesota Pollution Control Agency (MPCA) to take over
the owner /operator's environmental response action obligations at over 100 closed mixed
municipal solid waste landfills throughout the State and initiate cleanup actions, complete
closures, and prepare annual evaluations.
As part of these responsibilities, the LCA (Minn. Stat. § 115B.412, subd. 9) requires that the
MPCA develop a Land Use Plan for each of the landfills in the CLP. The LCA terms the landfills
as qualified facilities ". The statute states:
The Commissioner shall develop a land use plan for each qualified facility. All local land
use plans must be consistent with a land use plan developed under this subdivision.
Plans developed under this subdivision must include provisions to prevent any use that
disturbs the integrity of the final cover, liners, any other components of any containment
system, or the function of any monitoring systems unless the commissioner finds that the
disturbance:
• is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or
• is necessary to reduce a threat to human health or the environment.
(Appendix A: Land Use Plan Fact Sheet and is available on the MPCA's web page at
www.pca.state.mn.us/cleanup /closediandfills.html#lup
Possible Problems Associated with Closed Landfills
Landfill gas migration and ground water contamination are serious concerns associated with
many landfills in the CLP; not only at the landfill itself, but also on adjacent property. In several
cases, these situations could pose a threat to the health and safety of persons living close to
these landfills or to persons associated with some activity either at or in the vicinity of these
landfills. Specific examples of these potential threats include explosive concentrations of landfill
gas in buildings and other structures at and near the landfill, the risk of inducing contaminated
groundwater into other aquifers by constructing groundwater wells in multiple aquifers, and the
consumption of contaminated drinking water as the result of constructing potable wells in
contaminated aquifers.
Because the MPCA is responsible for the long -term care of these landfills, the MPCA has
implemented monitoring programs and corrective actions at most of the sites. The MPCA is not
only responsible for addressing the landfill gas and groundwater issues at the facility, but is also
• responsible for the operation and maintenance (O &M) of the landfill cover, any remediation and
monitoring systems present, and site security. In addition, worst case situations sometimes
mean that more elaborate remediation systems, such as active gas extraction systems and
groundwater treatment systems, need to be constructed and operated at these landfills in order
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to help mitigate these problems. Consequently, any future use and development of the landfill
property needs to be planned carefully and responsibly and must be compatible with the
MPCA's responsibilities for the qualified facility.
Purpose of Land Use Plans
The purpose for preparing a Land Use Plan (LUP), for each landfill, is to protect human health
and public safety; and to protect the integrity of the landfill's remediation and monitoring
systems. The LUP also helps local government balance needs and desires for land use with
consideration for health and safety requirements.
To meet the requirements of the statute, local units of government must make their land -use
plans for the qualified facility land (landfill boundary) consistent with the MPCA's land -use plan.
In some cases, adoption of a consistent local plan may require a change to local zoning and
other land -use measures.
Site Location and Description
The Waste Disposal Engineering Landfill (Landfill) is located in the City of Andover, Anoka
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County, Minnesota. The Landfill property boundary (Figure 1 Boundary Survey -URS 2006") is
bounded on the east by Hanson Boulevard, to the north by Coon Creek, to the west by
Crosstown Boulevard, private property, and city park land, and to the south by land owned by
the City of Andover's Economic Development Authority. The property comprising the landfill
boundary is currently owned by the State of Minnesota, through tax forfeiture and portions by
the MPCA.
The Landfill is located in a glacial geomorphic feature referred to as the Anoka Sand Plain. The
geology at the site reflects its location. There are two aquifers at the site referred to as the
Upper and Lower Sand. The Upper Sand is unconfined and water in this aquifer is found at a
depth of 15 to 20 feet below the ground surface at the site. The Upper Sand is approximately 50
feet thick and contains discontinuous gray silt. Monitoring wells with an "A" suffix are vertically
placed in the Upper Sand to intersect the water table. Monitoring wells with a "B" suffix are
vertically placed at the base of the Upper Sand. The Upper Sand discharges to Coon Creek
which is north of the site. The Upper Sand is separated from the Lower Sand by the Grantsburg
Till which is characterized at the site by red -brown silts. The Grantsburg Till acts as an
impermeable barrier between the two sand aquifers and is up to 40 feet thick below the site.
Contamination has not been found in the Lower Sand. Residential wells and monitoring wells
With a "D" suffix are screened in the Lower Sand. The thickness of the Lower Sand has not
been defined beneath the site but depth to the Lower Sand in the residential and monitoring
wells varies from 90 to 110 feet below the ground surface. The bedrock beneath the site is
characterized by the St. Lawrence Formation (shales) and has been found south of the site at a
depth of 120 feet below the ground surface.
i
"Footnote: Figure 1 is based on a current survey (March 2006). Figures 2 -10 are pdf maps
.
done in the fall of 2004 and therefore, not accurate for the landfill boundary.
K
0
General Geology of Site
0
Upper Sand
V 20 ft
Gray Silt
Red -brown silt till
Lower Sand
Bedrock
50 ft
i.iu ft
(The vertical lines represent wells in D, 13, and A horizons, from left to right.)
Site History and Remediation Svstem
The site was operated as a private dump for at least ten years prior to the MPCA issuing an
operating permit in 1971. The Landfill stopped accepting waste in 1983. The permitted facility
is 114 acres, with a fill area of approximately 73 acres. It contains approximately 2,410,000
cubic yards of compacted mixed municipal solid waste and soil cover material. A permitted
hazardous waste disposal pit also accepted liquid industrial and hazardous waste from
November 1972 to January 1974, at which time the MPCA ordered the pit closed. The Landfill
was placed on EPA's National List of Priorities (Superfund) in September 1983. Information
included in the EPA 106 Superfund Administrative Order (106 Order) for the Landfill, dated
July 26, 1991, indicated a truck load of barrels reportedly broke through the asphalt liner of the
hazardous waste pit in November 1972. The repairs were not completed until July 1973. The
106 Order also describes an undetermined quantity of hazardous waste, much of it in bulk
loads, disposed throughout the Landfill.
In response to the 106 Order, the Waste Disposal Engineering (WDE) Potential Responsible
Parties (PRP) Group installed a ground water pumpout system in 1992 and 1993, and
constructed a final cover system in 1993. The ground water pumpout system included eight
perimeter pumpout wells to capture the contaminant plume and a single pumpout well located
inside a slurry wall constructed around the hazardous waste disposal pit. This was done to
create an inward hydraulic gradient thereby minimizing migration of contaminants from the pit
area. Two perimeter pumpout wells were manifold together due to low flow rates. The final
cover system included regrading the waste prior to constructing a cover and installing twelve
passive gas vents and two gas barrier membranes.
3
During this phase of construction, the ground water from each pumpout well was manifold into a
common header before being pumped to a sanitary sewer located in Crosstown Boulevard.
Monitoring data indicated that the flash point limit, for the Metropolitan Council Environmental
Services Industrial Discharge Permit, was exceeded on three occasions (1993), requiring further
treatment of the ground water prior to discharge to the sanitary sewer. Therefore, a tray stripper
unit was installed to volatilize contaminants from the waste stream. One flash point exceedance
of the tray stripper effluent occurred in November 1995 after the tray stripper unit was installed.
However, there have not been any exceedances of flash point since 1995.
In October 1995 Anoka County, the WDE PRP Group and the MPCA signed a Landfill Cleanup
Agreement and the MPCA issued the Notice of Compliance. The site was deleted from the
National Priorities List by EPA in March 1996. This resulted from the State's 1995 agreement
with the EPA, implementation of the CLP, and the signed Landfill Cleanup Agreement which
requires the State to assume the long -term care of the Landfill.
The cost of operating .the pumpout system, with little indication of near - future decrease in costs,
caused MPCA to consider alternatives to more efficiently remove volatile organic compounds
from the Landfill. The potential for off -site gas migrating towards nearby private property also
influenced MPCA's considerations. The MPCA concluded that it would install an active gas
extraction system to remove methane and other volatile organic compounds from the waste and
combust them in an enclosed flare. The MPCA has been operating the active gas extraction
system, a system which includes 54 gas extraction wells, since 1998.
In 2004, the MPCA installed a new extraction well (EW -8) because the 2003 groundwater
monitoring well data indicated that the contaminant plume extends beyond the capture zone of
the pumpout system in one location. In addition, because of safety issues surrounding the
cleaning of the tray striper, the MPCA redesigned the effluent treatment system and eliminated
the need for the tray stripper. The new design pumps extracted groundwater and condensate
into a lined treatment basin for pretreatment prior to discharge to the sanitary sewer. The
MPCA constructed this new system in the fall of 2004.
A WDE Landfill Fact Sheet is provided as Appendix B and is available on MPCA's web page at:
www.pca.state.mn.us/cleanup/closedlandfills.html#factsheets It highlights historical points,
contamination issues and provides MPCA staff contact information.
The MPCA has determined that a gas to energy system is feasible at the Landfill and has
received bids to construct the project.
Environmental Impacts from the Landfill
Due to the types of the materials that were disposed of at the Landfill and left on site at the time
of its closure, there are numerous public health concerns associated with the Landfill. The toxic
materials have migrated into the soil, surface water and ground water. Also, the site continues
to generate methane gas, which is explosive when concentrated to certain levels. Remediation
procedures such as capping the site, pumping out contaminated groundwater, and extracting
and burning the landfill gas have partially mitigated these dangers but public use of land and
water, in and near the landfill site, still is not completely safe. In order to protect public health •
and welfare from these dangers certain land and water uses must be controlled, now and well
into perpetuity.
4
b�
Groundwater Contamination
The influent and effluent data showed a marked decrease in contaminants removed seasonally
from the groundwater and the landfill gas. The contaminants that exceed drinking water
standards in the groundwater, at the compliance boundary (200 feet from the waste footprint),
include arsenic, benzene, vinyl chloride, and 1,1,2,2 tetrachloroethene. Figure 2 represents the
Total Volatile Organic Compound (VOC) Contamination at the Base of the Upper Sand and
Figure 3 represents Flow at the Base of the Upper Sand. The monitoring wells completed in the
lower sand aquifer have not shown VOC contamination from the Landfill. The monitoring wells
north of Coon Creek exceeded the Health Risk Limit for 1,1,2,2 tetrachloroethene in 2003.
Surface water sampling during 2003 of Coon Creek indicated no exceedance of Aquatic Life
Standards.
It is important to note that groundwater contamination has been detected off -site north of the
Landfill. Although this Land Use Plan does not address land -use off of the landfill boundary, the
MPCA's Annual Report for the Landfill provides detailed information about this off -site concern.
Gas Migration
The active gas extraction system operated 97 percent of the time during 2003. The active gas
extraction system is designed to remove landfill gas including methane and volatile organic
compounds from the waste and combust them in an enclosed flare. There are 54 gas extraction
wells in the Landfill. MPCA installed one of the gas extraction wells in the hazardous waste pit
to further reduce ground water contamination. The gas extraction system is controlling gas
migration. There were no significant detections of explosive gas beyond the landfill boundaries
in 2003. The MPCA tested the flare stack in November 2003. The results indicated that the
flare's combustion exceeds 99.9% destruction of combustible organics measured in the inlet
gas of the flare.
Land Use Issues
The key document which guides the use of the Landfill is the October 1995 Landfill Cleanup
Agreement: Document# 1203355 (Figure 4) between Anoka County, the WDE PRP Group and
the MPCA. It placed the following controls on the Landfill:
• No transfer of any rights in the tax- forfeited property without an easement to the MPCA;
• No sale of any tax - forfeited property improved with state general obligation bond funds
without compliance with state law and orders;
• No structures on the tax - forfeited property without prior written approval of the MPCA;
• Any approved structures shall be built to protect occupants from landfill gas infiltration;
• No placement of materials, personal property, equipment, or any other items on the tax
forfeited property without the MPCA's written consent;
• No public access or development of the property except in the Hanson Boulevard right -
of -way lying outside the landfill fence and except as defined in other existing easements;
• No trees or shrubs can be planted which may potentially disturb or impede the landfill
• cover;
• No groundwater extraction from the tax- forfeited property. This does not apply to the
repair or replacement of existing wells provided that there is no material increase in the
5
amount of water extracted. This also does not apply to water extraction that is part of •
the remedial action;
• Any dewatering for public utility or public road purposes requires the MPCA's prior
written approval;
• No drinking water well without written approval of the MPCA and the Minnesota
Department of Health;
Various exceptions and conditions relating to work on Hanson Boulevard and public
utilities in the vicinity.
Figure 5 Refuse limits, with 200' and 500' zones, identifies the two refuse limit boundaries
around the Landfill
Another key document guiding the use of the Landfill and surrounding property is the Andover
City Ordinance 19 (Figure 6). This ordinance contains the following restrictions:
• No enclosed structures can be built on the Landfill or within 200 feet of WDE refuse limit
as depicted by Line F (should be Line E) in Exhibit A (attached to the ordinance), except
north of Coon Creek;
• Enclosed structures between 200 feet of refuse (as shown by Line E in Exhibit A) and
500 feet of refuse limit (as shown by Line F in Exhibit A) require installation of soil gas
monitoring probe between the structure and the refuse;
• Structures between 200 feet of refuse (as shown by Line E in Exhibit A) and 500 feet of
refuse limit (as shown by Line F in Exhibit A) must have explosive gas monitor installed
at lowest level;
• MPCA is granted access for monitoring purposes to all monitors and probes that are
covered by the ordinance;
• No extraction of groundwater from the Upper Sand Aquifer within 500 feet of limit of
refuse. No extraction of groundwater from the Lower Sand Aquifer within area indicated
in Exhibit A to the ordinance.
Land use of the Landfill, as well as surrounding properties is also governed by the current city
municipal code, easements and land use restriction agreements. Future zoning and land use
will be guided by the City of Andover Comprehensive Plan. In addition, there are Federal
Emergency Management Agency (FEMA) floodplains and National Wetlands Inventory (NWI)
indicated wetlands on the WDE Landfill and surrounding properties (Figure 7 Wetlands and
Floodplains).
Controls Easements, Other Restrictions
In addition to the Landfill Cleanup Agreement and the Andover City Ordinance 19, there are
multiple documents and regulations which place controls on the Landfill property and adjacent
properties. These restrictions come from easements, restrictive covenants, deed conditions,
agreements, local, state and federal wetland regulations, Federal Emergency Management
Agency (FEMA) restrictions and City of Andover /Coon Creek Watershed District regulations.
Following is a list of these documents, a recording number, N applicable and a brief description
of the controls:
Utilities: •
United Power Association Easement (Document #1626332)
Sewer Easement (Document #820166)
Rural Cooperative Power Association Easement (Document #297946)
6
• Rural Cooperative Power Association Easement (Document #297578)
• Wetland Conservation Act and Clean Water Act (Section 404)
• Windschitl Access Easement (Document # 1215236): 200' from refuse boundary; no
construction of any kind other than city road to connect with 142n Lane NW; no
underground utility construction without MPCA approval; no installation of wells for
groundwater extraction from the Upper Sand Aquifer; no extraction from Lower Sand
Aquifer; and, gas monitoring equipment required for any enclosed structure.
• Modifications to the Access Agreements: City of Andover Property and NSP Easement.
• Quit Claim Deed (Document #1450970): parcels south of the Landfill.
• Nature's Run Declaration of Restrictive Covenants (Document #1623821): 500' from
refuse boundary; no groundwater extraction from Upper Sand Aquifer without prior
MPCA approval; and, no groundwater extraction from Lower Sand Aquifer without prior
MPCA approval (except existing wells).
The above referenced documents or regulations address multiple land use issues as highlighted
below:
• Development/Grading /Construction Restrictions
• Upper Sand Aquifer Groundwater Restrictions
• Lower Sand Aquifer Groundwater Restrictions
• Building Restrictions
• Planting Restrictions
• Utilities
• Fences
• Roadways
• Soil/Minerals
• Wetland and Floodplain Restrictions
• Zoning Restrictions
Sanders Wacker Bergly developed Figure 8, All Development Restriction, to aid those
interested in identifying these multiple restrictions.
Hazard Disclosure Document
The MPCA had a Hazard Disclosure Document (2004) developed for the Landfill. The purpose
of the document is to inform the MPCA's contractors and consultants about a broad range of
hazards that they could encounter when working at the facility. A copy of the Hazard Disclosure
Document is included in this LUP to better inform interested persons and units of government of
the types of potential hazards that exist at the Landfill. The document highlights physical,
biological, and chemical hazards. A copy of the Potential Hazards at Closed Landfill Sites is
included as Appendix C.
Existing and Future Land Use
The MPCA will continue its long -term care responsibility for the Landfill including monitoring of
groundwater and landfill gas, operating the active gas extraction system, and other maintenance
responsibilities for as long as necessary. Due to public safety concerns, the MPCA will continue
to prohibit public access onto the site without its authorization. At this time, the MPCA believes
the appropriate land use for the site for the foreseeable future is open space with no public use
or development. The City of Andover's Comprehensive Plan: Guided Land Use (Figure 9),
identifies the Landfill as Open Space. In Figure 10, Zoning Districts, the zones are identified
7
and the majority of the Landfill is zoned R -1 — Single Family, with additional areas zoned R-4 — •
Single Family -Urban and GB — General Business.
Discussions 1 Conclusions
Andover City Ordinance 19 - Recommendation
The MPCA's consultant, Sanders Wacker and Bergly, Inc., reviewed documents pertaining to
the WDE Landfill including Andover City Ordinance 19. Based upon that review, the MPCA is
recommending that the Ordinance 19 be amended as follows:
• In Section 7.1. the 200 -foot limit is mistakenly referred to as Line F, instead of Line E
• Exhibit A (a site map) should be attached to the Ordinance (it is referenced).
• In Section 7.4. the language regarding the 500 -foot limit should include a reference to
Line F.
The City of Andover adopted Ordinance 19 by resolution in January 1996. It has not been
incorporated into the City Zoning Code, Subdivision Code, or other information sources that the
City hands out to prospective property developers. Without inclusion of Ordinance 19 in codes,
plans, and handouts, there is a danger that prospective developers may not become aware of
the Ordinance until after significant decisions have been made. It also appears to pose a
challenge for City planning staff to keep track of the requirements of Ordinance 19 since staff
does not need to refer to it on a regular basis. Therefore, the MPCA recommends that the City
of Andover incorporate Ordinance 19 into an informational source that would be used by
developers and City staff (i.e. City Zoning Code).
Qualified Facility
State statute requires that all local land -use plans be consistent with the MPCA's Land Use Plan
for the qualified facility. The MPCA's environmental response action obligations for the qualified
facility conflict with the current zoning, for this property (Figure 10 Zoning Districts). The MPCA
believes the R -1 — Single Family — Rural, R-4 — Single Family — Urban and GB — General
Business zonings, are not compatible with the MPCA's present and future responsibilities for the
qualified facility due to public health and safety concerns and the need to preserve the integrity
of the Landfill's remediation systems. It is misleading to potential developers, property owners,
or any other interested parties, for the Landfill to be zoned for residential use.
As a result, the MPCA recommends that the City of Andover amend its land use plan and adopt
a new zoning district and ordinance specific to the qualified facility. The recommended zoning
district is called Closed Landfill Restricted (CLR). A draft ordinance is included as Appendix D.
Property Outside the Qualified Facility
Unlike the qualified facility, the State statute requiring the development of an LUP at closed
landfills does not apply to property outside of the qualified facility. However, Minn. Stat. §
11513.412, subd. 4(a) requires the MPCA to provide affected local units of government with site
information including a description of the types, locations, and potential movement of hazardous
substances, pollutants and contaminants, or decomposition gases related to the landfill.
Furthermore, Minn. Stat. § 1156.412, subd. 4(b) requires local units of government to notify
persons applying for a permit to develop affected property of the existence of this information
and, on request, to provide them a copy of the information. Lastly, the MPCA understands that
0
• Minn. Stat. § 1156.412, subd. 4(b) requires local units of government incorporate this
information in its future land -use planning efforts.
The MPCA refers the City of Andover and any prospective persons interested in developing
property near the Landfill to the MPCA's latest Annual Report for the WIDE Landfill, which is on
the MPCA's web site at: www.i)ca. state. mn. us /cleanup /clp- sitereports.html The Annual Report
summarizes the information listed above and serves to fulfill the MPCA's obligation in this
regard.
0
9
•
FIGURES
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Landfill Cleanup Agreement: Document # 1203355
N
Site boundary 0 Parcel boundaries 5500 0 500 Feet
Refuse boundary E
Landfill Cleanup Agreement
s
"Tax- Forfeited Property": No structures without MPCA approval. Any structure must protect from infiltration of landfill gas.
No equipment or materials placed without MPCA approval, except outside fence in Hanson Blvd ROW. No public access
or development except in Hanson Blvd ROW (except for existing easements.) No groundwater extraction other than remediation
(does not apply to existing wells.) Dewatering for public works must have MPCA approval. No installation of drinking water wells
without MPCA approval. No installation of utilities west of Hanson Blvd without MPCA approval. Expansion or reconstruction
of Hanson Blvd needs MPCA approval. All restrictions must pass to future owners.
"W DE Qualified Facility": County shall not plant trees or shrubs that might disturb the landfill cap.
" ' "Excluded Property": Land that is part of the W DE facility property but is excluded from most of the restrictions of the
>aa
Landfill Cleanup Agreement.
- Land defined in Landfill Cleanup Agreement as "WIDE Qualified Facility", but not included in descriptions of
"Tax- Forfeited Property" or "Excluded Property".
�\ WDE lands (according to URS survey, 2003), but not included in Landfill Cleanup Agreement's legal description of
"WIDE Qualified Facility" Figure 4
i�1_1 1� 1 �1 - - -, I I I I I I I / \ 71 1 1 1 1 1 1
L
•
• WDE Site +'
•
J.: ...... : _ .......... ft •
1 7,
Z\
Refuse Limits, with 200' and 500' zones
Site boundary A/ Waste boundary 800 0 800 Feet
Parcel boundaries N Wetland
200' from refuse limit,
and additional property
as shown in City of Andover " Source: City of Andover,
Ordinance 19, Exhibit A. URS Corporation survey,
a 500' from refuse limit,
e ; and additional property W E 2003
as shown in City of Andover
Ordinance 19, Exhibit A. Figure S
S
rlover city a
0
rIj
0
mw
WDE site
(
11
Wetlands and Floodplains
1200
.A/ Site boundary C
/V Street
Wetland (as depicted on NWI) N
® FEMA 100 -year floodplain W E
® FEMA 500 year floodplain
S
U
i
1200 Feet
Source: Minnesota DNR
Figure I
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I Development Restrictions
Legend
Andover City Ordinance 19
%200' from refuse boundary: No enclosed structures.
_ =200' -500' from refuse boundary, except areas north of Coon Creek: Enclosed structures must include
soil gas monitoring probe and explosive gas monitor.
€ € No extraction of groundwater from Lower Sand Aquifer without prior MPCA permission, except existing wells.
1 500' from refuse boundary: No extraction of groundwater from Upper Sand Aquifer except for remediation.
(Does not apply to existing wells.) Dewatering for public works must have prior MPCA approval.
Windschitl Access Agreement
_= 200' from refuse boundary: No construction of any kind other than city road to connect with 142nd Lane NW.
No underground utility construction without MPCA approval.
Windschitl Property and Disputed Property: No installation of wells for groundwater extraction from the Upper
Sand Aquifer. No extraction from Lower Sand Aquifer. Gas monitoring equipment required for any enclosed
structure.
II Cleanup Agreement
Tax - Forfeited Property: Any structure approved by the Commissioner shall be constructed so as to protect
the occupants from infiltration of landfill gas. County shall not construct on TFP without MPCA approval.
No public access or development of TFP except in Hanson Blvd ROW (except as defined in existing easements.
No planting that might disturb the cap. No groundwater extraction except remediation (except existing wells).
Dewatering for public works must have MPCA approval. No new drinking wells without prior MPCA approval.
No installation of utilities on west of Hanson Blvd without MPCA approval. Reconstruction or expansion of
Hanson Blvd needs MPCA approval. Restrictions must be passed on to any subsequent owners.
111111 Tax - Forfeited Property within Hanson Blvd ROW: Work permits required. No fence shall encroach.
Declaration of Restrictive Covenants for Hupp and
Nature's Properties
500' from refuse boundary: No groundwater extraction from Upper Sand Aquifer without prior MPCA approval.
No groundwater extraction from Lower Sand Aquifer without prior MPCA approval
Figure Sb
Comprehensive Tan: Guided
p ° Coon Creek
Site boundary
Local street
Open Space
Agricultural
Limited CommercialY
Medium Density
Neighborhood Commercial
Urban Residential High Density
Transitional Residential
Urban Residential Low Density
Public
General Commercial
nd Use
1200 0 1200 Feet
Source: City of Andover
N January 2003
W E
Figure 9
s
WDE Site
0
J,IM!
Zoning Districts
Site boundary
a NW I wetland boundary
Parcel boundary
- GB - General Business
- GR - General Recreation
- I - Industrial
LB - Limited Business
M -1 - Multiple Dwelling Low Density
- M -2 - Multiple Dwelling
NB - Neighborhood Business
1200 0
0 R -1 - Single Family - Rural
R -1 A - Manufactured Housing
R -2 - Single Family- Estate
R -3 - Single Family- Suburban
R-4 - Single Family -Urban
Railroad
0 Right -of -way
- SC - Shopping Center
a? Water
'
'i
1200 Feet
N
W E
s
Source: City of Andover
January 2003
Figure to
r�
APPENDICES
•
•
Appendix A
AdInklik
Minnesota
Pollution
Control
Agency
Remediation
Division
Closed Landfill
Program
0
0
Closed Landfill Program -
Land Use Plans
1.02, November, 2004
Introduction
In 1994, the Minnesota Legislature passed
the Landfill Cleanup Act (LCA) which
created the Closed Landfill Program (CLP).
Under the CLP, the Minnesota Pollution
Control Agency (MPCA) is authorized to
initiate cleanup actions, complete closures,
and take over the long -term operation and
maintenance at over 100 closed, municipal
solid waste landfills throughout Minnesota.
The Act also requires the MPCA to develop
a land use plan (Minn. Stat. § 115B.412,
subd. 9) for each qualified facility or landfill
and requires local units of government to
make their local land use plans consistent
with the plans developed by the MPCA.
Contamination Issues at Landfills
Landfill gas migration and ground -water
contamination can be serious issues
associated with many landfills. These
problems can pose a threat to the health and
safety of those living, or occupying land,
near these sites.
Future Land Use
The future use of the property needs to be
planned carefully and responsibly and must
be compatible with the MPCA's
responsibilities for the facility. The purpose
of developing a land use plan at each landfill
is to:
• protect the integrity of the landfill's
remediation systems;
• protect human health and public safety
at each landfills; and
• accommodate local government needs
and desires for land use with
consideration for health and safety
requirements.
This can be accomplished through the
adoption and implementation of a site
specific land use plan that may recommend
local zoning and other land -use measures.
Therefore, land use plans are intended to
provide valuable information to local units
of government (townships, cities, counties,
and Indian tribes) that have authority for
local planning and zoning.
Because the MPCA is responsible for the
long -term care of these landfills, the MPCA
has implemented monitoring programs and
corrective actions at many of the sites. The
MPCA is also responsible for the operation
and maintenance of the landfill cover, any
remediation and monitoring systems present,
as well as site security. In some cases,
remediation systems need to be constructed
and operated at these landfills to mitigate
these gas migration and/or contamination
problems.
To meet the requirements of the statute,
local units of government must make their
land use plans consistent with the land use
plans developed by the MPCA. The MPCA
may recommend that local units of
government consider adopting a zoning
district and ordinance for the qualified
facility that will be consistent and
compatible with the MPCA's future
obligations at the facility and, at the same
time, possibly allow for certain uses of the
property.
Minnesota Pollution Control Agency, 520 Lafayette Rd. N., St. Paul, MN 55155 -4194
(651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864
This material can be made available in alternative formats for people with disabilities.
Minnesota Pollution Control Agency
Remediation Division, Closed Landfill Program 1.02, November, 2004.
Off -site Contamination
The State statute requiring the development of a land use
plan for each closed landfill does not apply to property
outside of the qualified facility that may be affected by
landfill gas and/or ground -water contamination. However,
Minn. Stat. § 115B.412, subd.4(a) requires the MPCA to
provide affected local units of government with site
information including a description of the types, locations,
and potential movement of hazardous substances,
pollutants and contaminants, or decomposition gases
related to the landfill. This information is available in the
MPCA's site annual report for each closed landfill.
Furthermore, Minn. Stat. § 115B.412, Subd. 4(b) requires
local units of government to incorporate this information
into their land use plans and to notify persons applying for
a permit to develop affected property of the existence of
this information and, on request, to provide them a copy of
the information.
For More Information
If you would like more information about land use plans at
closed landfills, please contact Shawn Ruotsinoja of the
MPCA at (651) 282 -2382 or toll -freer= (800) 657-
3864.
You can get the specific land- management -plan legislation
at the following link.
http: / /www. revisor. leg. state.mn.us /stats/I 15B /412.html
MPCA Web site: http: / /www.pea.state.mn.us
0
Appendix B
0
0
0
�r
Min "ota Waste Disposal Engineering
Polluti Landfill — Closed Landfill Issues
Control l
Agency
Closed Landfill Program/ #2.01 /October 2005
What is the site history?
Located in Andover, the Waste
Disposal Engineering (WDE) Landfill
operated as a dump in the 1960s.
From 1971 to 1983, it was a sanitary
landfill with a Minnesota Pollution
Control Agency (MPCA) permit. The
site contains approximately 2,410,000
cubic yards of compacted mixed
municipal solid waste and soil cover
material. At the site, a permitted
hazardous waste disposal pit also
accepted liquid industrial and
hazardous waste from 1972 to 1974.
In 1974, the MPCA ordered the pit to
be closed.
This landfill was placed on the U.S.
Environmental Protection Agency's
(EPA's) National List of Priorities
(federal Superfund) in September
1983. EPA issued an administrative
order requiring potentially responsible
parties to install a remediation system
and place environmental controls
around the landfill.
A tray stripper was constructed in
1995 to remove volatile organic
compounds from the ground water that
were collected prior to being
discharged into the sanitary sewer.
The Closed Landfill
Program
Minnesota's Closed Landfill Program
(CLP) was enacted in 1994 to clean up
old, leaking landfills statewide. The
MPCA assumed responsibility for the
WDE landfill remediation activities
and long -term care once all parties
signed the binding agreement and the
notice of compliance was issued.
Anoka County, the MPCA
commissioner, and a group of
responsible parties signed the Binding
Agreement for the WDE landfill in
October 1995. That same month, the
Notice of Compliance was issued to
the parties involved with the Binding
Agreement.
In March 1996, the site was deleted
from the federal Superfund list by EPA
because of the MPCA's 1995
agreement with EPA, the signing of
the Binding Agreement and the
issuance of the Notice of Compliance.
Active -Gas Extraction
In 1997, the MPCA determined that
active -gas extraction would enhance
c- clf2 -01 Minnesota Pollution Control Agency, 520 Lafayette Rd. N., St. Paul, MN 55155 -4194
(651) 296 -6300, toll -free (800) 657 -3864, TTY (651) 282 -5332 or (800) 657 -3864
This material can be made available in alternative formats for people with disabilities.
Ift Minnesota Pollution Control Agency
Closed Landfill Program / #2.01 /October 2005 0
Closed Landfill Program
the remediation system at the WDE Landfill by
removing contaminants more quickly and efficiently.
Active -gas extraction removes methane gas and other
volatile compounds, preventing their migration off
site. The active -gas extraction system draws gas and
vapors from the buried waste through a system of
wells, pipes, and a blower. The captured gas is
ignited in a controlled manner inside a stack or flare.
The gases are converted to simple exhaust gases
(mostly carbon dioxide, water vapor, and chloride
compounds).
The MPCA tested the flare stack in November 2003.
The test results indicated that the flare's combustion
exceeds 99.9 percent destruction of combustible
organics.
What does the flare look like and how
does it work?
The flare stack is typically 25 to 30 feet tall in order
to contain the flame completely inside it. An
insulating material lines the stack to keep the outside
cool enough to touch. The blower and other controls
are typically mounted on a steel frame next to the
stack. A multistage blower is used to provide
efficient gas movement and keep the noise level low.
What is methane and should I be
worried about it?
Methane is a gas that is produced by certain bacteria
as organic materials decay. It is colorless, odorless
(although it usually is accompanied by other odors
from the waste), and flammable. Most landfills
produce methane. WDE Landfill is no exception.
methane has moved very far off the site at this time.
An active -gas extraction system is the most reliable
method to control gas migration at landfills.
What does the MPCA do to make sure
the system works?
The MPCA regularly monitors all systems at the
WDE site. This includes monitoring the gas flare,
sampling ground -water monitoring wells for
laboratory analysis three times a year, monthly
monitoring of effluent from the present pump -out
system, and quarterly checks on gas monitoring
probes. Also, the MPCA staff or designated
contractor check the site continuously for signs of
trespassing and to ensure the remediation equipment
is operating.
What is the citizen's role in the
cleanup process?
Trespassing has been a problem at the site. Because
gas and monitoring wells stick up above the surface,
people that sled, snowmobile, or drive all- terrain
vehicles on the WDE Landfill are in danger of being
injured if they run into this equipment. Damage to
the remediation equipment could also cause the
systems to stop functioning. This would lead to an
unsafe environment (explosive gases building up)
around the landfill. The WDE Landfill is fenced and
posted to prevent public access because of this danger
and to protect on -site equipment.
r 7
L
There are also monitoring wells and gas probes
located outside of the fenced -in area. This equipment
is marked with three bumper posts.
Methane also can move through soil and be a problem Residents should keep curious or adventurous
if it makes its way into poorly ventilated house children away from the site, especially during
basements. If enough methane builds up inside a construction activities, and report vandalism to the
structure and is ignited, an explosion is possible. The Anoka County Sheriff and the MPCA. Since
WDE site has two methane barriers adjacent to the taxpayers' dollars pay for the landfill upkeep, it is in
east and west boundaries to restrict methane the public interest to prevent damage to landfill
migration to nearby properties. Some methane gas cleanup systems.
movement has been detected at the site, although no
Waste Disposal Engineering Landfill — Closed Landfill*lssues PAGE 2
da Minnesota Pollution Control Agency
Closed Landfill Program
Closed Landfill Program / #2.01 /October 2005
Can land near closed landfills be
used and developed?
Ground -water contamination and landfill gas from
closed landfills can present a health and public
safety threat to persons wishing to use and/or
develop land near some closed landfills. The
Landfill Cleanup Act (Act) requires that a land use
plan be developed in order to assist local units of
government to prudently manage land use and
development around these landfills. Essentially, the
purpose of the land use plan is to:
• Protect the integrity of the landfill's remediation
systems;
• Protect human health and the environment at
and around the landfill;
• Ensure that the cleanup and future operation and
maintenance of the remediation systems at the
landfill are successful; and
Waste Disposal Engineering Landfill - Closed Landfill Issues
• Accommodate local government needs and
desires for land use where health and safety
requirements can be met.
The Act also requires local units of government to
make their land -use plans consistent with the plan
developed by the MPCA. These goals can be
accomplished not only by the state's cleanup
efforts, but also through the adoption and
implementation of a site - specific land management
plan through local zoning and other land -use
measures consistent with public health and safety
needs.
The land use plan for the WDE site should be
completed in 2006.
For more information
For more information about the Closed Landfill
Program, you can go to the program's Web page at
http:www.pca.state.mn.us/prograins/landfill_p.html
You can also call the MPCA at (800) 657 -3864 and
ask for the Closed Landfill Program staff associated
with this site.
PAGE 3
Appendix C
Potential Hazards at Closed Landfill Sites
WDE Landfill V
Andover, Minnesota
Minnesota
To assist contractors and consultants working on closed landfill sites, Pollution
the MPCA has developed this fact sheet, which describes potential Control
occupational health and safety hazards at the WDE Landfill. The fact Agency
sheet provides general information about hazards and potential
safety issues; however it may not include all potential hazards. Contractors and
consultants must exercise due caution at any closed landfill site and always verify this
information is complete.
This information is provided to help you keep your
employees and subcontractors safe. It is your
responsibility to take all prudent precautions and
follow all regulations and standards pertaining to
the tasks you perform at the WDE Landfill.
Location
The WDE Landfill is a 70 -acre site located in the
City of Andover. The main access is at the
northwest corner of the facility; 14437 Crosstown
Boulevard.
Physical and Biological Hazards
Potential physical and biological hazards at the site include but are not limited to:
• uneven terrain on landfill slopes hidden by long grass
• an artificial wetland with standing water and soft terrain on the west side of the site (may
be frozen over in winter)
• gas- recovery wells and other wells hidden by long grass
• poison ivy or noxious weeds
ticks and mosquitoes
Flare Stack
The landfill gas extraction system flare is not
shielded, but is insulated on the inside. The surface
can be very hot, creating a potential burn hazard for
anyone working near it. In addition, there is a high -
voltage electrical panel associated with the flare that
could pose an electrocution hazard.
Ground Water Remediation Control Building
This building contains piping from each of the site's ground water extraction wells with
corresponding valves, flow meters, and electrical control panels. Here, flow from each well
can be directed to the treatment pond, storm water pond, or sanitary sewer. Inside, there
is:
• potential for contact with contaminated ground water
• electrical hazard from the control panels
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Confined Spaces
Confined spaces may contain landfill gases,
including high concentrations of highly flammable
methane gas. They may also be oxygen deficient.
Confined space entry procedures, including
atmospheric testing, should be followed before
entering these spaces. Confined spaces on this site
include:
• sumps and vaults for condensate and
groundwater recovery wells
• hazardous waste pit vault
• outlet structure vault for treatment pond
Ground Water Treatment Pond
The ground water treatment pond detains and aerates contaminated ground water prior to
discharge to the sanitary sewer. Within the fenced enclosure, there are:
• slip hazards associated with smooth
geomembrane liner and formation of ice around
pond perimeter during winter
• drowning hazard from deep aerated water and
difficult egress up steep geomembrane covered
slopes
• potential exposure to volatile organic compounds
in air and water
• electrical hazard from aeration equipment control
panels
Chemical Hazards
Landfill gas (LFG) is made up of approximately 50
percent methane gas, which is potentially explosive.
Other corrosive and possibly toxic constituents may
also be found in LFG. Ground water at this site is
contaminated with volatile hydrocarbons.
Condensate from the LFG extraction system may
also contain low levels of hydrocarbons. Gloves
should be worn when sampling or when servicing
equipment used for ground water or condensate
recovery and treatment.
More detailed information on chemical hazards at the WDE Landfill is provided in a
summary table on the following page.
Pesticides
Due caution should be exercised where herbicides or rodenticides are used. Herbicides
such as Round -up and CrossbowTM may be sprayed to control vegetation around the
pond and flare enclosures and to control woody vegetation. Rodenticides may be used in
S the ground water remediation control building.
For more information
For more. information on these or other potential hazards at the WDE landfill site, please
contact Pat Hanson at 651- 296 -7740 or e-mail pat.hanson @pca.state.mn.us.
WDE Sanitary Landfill Chemical Hazards Summary Table
Compound
Standard
Contaminant Concentration
E RL
MCL
EW -9
Influent
Condensate
Acetone
700
-
11,000 - 48,000
<2,000 - 5,700
1,800 - 8,800
Benzene
10
5
<100
20-30
20-100
Carbon tetrachloride
3
5
<100 - 2,100
<100 - 1,600
<100 - 3,700
Chloroform
60
-
<100 - 170
<100
<100
Chlorobenzene
100
100
<100 -110
<100
<100
Chloroedme
-
-
480-940
<100
<100
Dichlorodifluoromethane
1,000
-
<100 -160
<100
<100
Dichlorofluoromethane
-
-
420-560
<100
<100
1,1- Dichloroethene
6
7
460 -1,200
<100
<100
1,2- Dichlorobenzene
600
600
220-340
<100
<100
1,2- Dichloroethane
4
5
270-360
<100
<100
1,1- Dichloroedme
70
-
9,700 - 38,000
20-3,300
90-1400
cis- 1,2- Dichloroeth lene
70
70
34,000 - 47,000
30-10,000
30-3,900
trans- l,2- Dichloroethl lene
100
100
<100 - 400
<100
<100
Eth lbenzene
700
700
2,000 - 3,100
<100 - 110
480
Methylene chloride
50
5
36,000 - 62,800
<200 - 15,000
<200 - 3,700
Methyl edl 1 ketone
4,000
-
19,000 - 63,000
940-17,000
1,700 - 10,000
Methyl isobutyl ketone
300
-
5,700 - 8,600
<500 - 2,200
480-1,600
Tetrachloroeth lene
7
5
110-4,000
30-3,900
21-260
Tetrah drofuran
-
-
6,100 - 8,900
260-3,400
360-2,500
Toluene
1,000
1,000
20,000 - 25,200
<100 - 6,300
600-2,500
1,1,1- Tichloroethane
600
200
14,000 - 120,000
<100 - 29,000
30-5,300
1,1,2- Tichloroethane
3
5
<100 - 150
<100
<100
Trichloroeth lene
30
5
2,400 - 18,700
<100 - 12,000
<100 - 770
Trichloroflouromedme
2,000
-
<100 - 550
<100
<100
1, 1,2-Trichloro- 1,2,2-
trifluoroethane
200,000
-
800 -2,500
<100
<100
Vinyl chloride
0.2
2
1,400 - 22,000
82-880
50-720
2-Methyl phenol
30
-
<10
<10
27-57
4-Methyl phenol
3
-
<10
<10
<10 - 255
Iso horone
100
-
<10
<5 - 535
12 - 800
X ]ene m&p
10,000
10,000
7,500 - 9,000
<100 - 300
940
X lene, o
10,000
10,000
2,700 - 3,000
<100
230
Total VOCs
173,780 - 490,840
1,382 - 111,255
6,870 - 48,012
Lead
15
ND
ND
<1- 81
Manganese
100
50
4.8 - 5.1 m
ND
ND
Nickel
100
-
ND
ND
16 - 120
HRL - Health Risk Limit Concentration of a ground water contaminant that can be safely consumed daily for a lifetime.
MCL - Maximum Contaminant Level: The maximum permissible level of a contaminant in a public drinking water system.
VOCs - Volatile organic compound.
EW -9 - Ground water from extraction well EW -9, sampled prior to miring with influenr.
Influent - Ground water from combined ground water extraction wells that make up the influent" to the treatment pond.
Condensate - Liquid collected from landfill gas collection system.
•
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Prepared December 2004
Appendix D
• DRAFT
District CLR — Closed Landfill Restricted
A. Purpose
The Closed Landfill Restricted (CLR) District is intended to apply to former landfills and
adjacent lands which are managed under the Closed Landfill Program of the Minnesota
Pollution Control Agency (MPCA). The purpose of the district is to limit uses of land
both actively filled and related lands, to minimal uses in order to protect the land from
human activity where response action systems are in place. This district shall only apply
to the former landfill and pertinent adjacent lands (the limits of which are defined by the
MPCA). This district shall apply whether the landfill is in public (State, MPCA, County,
City, Township), Indian tribal, or private ownership.
For purposes of this ordinance, the Closed Landfill Restricted District consists of the
following parcels:
PARCEL A
(P.I.D. 927-32-24-31-0007)
All that part of the Northeast Quarter of the Southwest Quarter of Section 27 Township32
Range 24 Anoka County, Minnesota, described as follows:
Commencing at the northeast comer of said Northeast Quarter of the Southwest Quarter,
thence westerly along the north line thereof for 58.6 feet to the center line of County
State Aid Highway No. 18, thence South 32 degrees 55 minutes West for 550.17 feet
along said center line, thence South 44 degrees 11 minutes West for 342.85 feet along
said center line, thence South 45 degrees 26 minutes East for 872.00 feet to the southeast
comer of said Northeast Quarter of Southwest Quarter, thence north along the East line of
said Northeast Quarter of the Southwest Quarter to the point of commencement.
Subject to an easement to R.E.A and other easements of record, if any.
Subject to the rights -of -way of C.S.A.H. No. 16 and C.S.A.H No. 18.
PARCEL B
(P.I.D. # 27- 32 -24 -42 -0001)
All that part of the Northwest Quarter of Southeast Quarter of Section 27 Township 32
Range 24, Anoka County, Minnesota, lying south of the center line of Coon Creek.
PARCEL C
(P.I.D. # 27- 32 -24 -41 -0122)
That part of Lot 29, Block 1, NATURES RUN C.I.C. NO. 96, Anoka County, Minnesota,
described as:
Northeast Quarter, thence North 0 degrees 15 minutes 45 seconds East along said east
line 15 feet to the point of beginning, except road, subject to easement of record.
PARCEL F
(P.I.D. # 34- 32 -24 -12 -0002)
All that part of the Northwest Quarter of Northeast Quarter of Section 34 Township 32
Range 24, Anoka County, Minnesota, described as follows:
Beginning at northeast comer of said Northwest Quarter of Northeast Quarter, thence
North 89 degrees 08 minutes 39 seconds West along north line of said Northwest Quarter
of Northeast Quarter, 1078.71 feet, thence South 68 degrees 56 minutes 31 seconds East
402.99 feet, thence South 81 degrees 03 minutes 01 seconds East 109.56 feet, thence
North 70 degrees 32 minutes I1 seconds East 198.91 feet, thence North 80 degrees 59
minutes 38 seconds East 411.73 feet more or less to a point on the east line of said
Northwest Quarter of Northeast Quarter, 15 feet southerly of the point of beginning,
thence North 0 degrees 18 minutes 44 seconds East along said east line 15 feet to the
point of beginning, subject to easement of record.
PARCEL G
(P.I.D. # 27- 32 -24 -43 -0001)
The Southwest Quarter of Southeast Quarter of Section 27 Township 32 Range 24,
Anoka County, Minnesota.
PARCEL H
(P.I.D. # 27- 32 -24 -34 -0038)
Outlot A, Kensington Estates 4"' Addition, according to the recorded plat thereof, Anoka
County, Minnesota.
PARCEL I
(Part of P.I.D. # 27- 32 -24 -34 -0003)
All that part of the southerly 500.00 feet of the easterly 500.00 feet of the Southeast
Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County,
Minnesota, described as follows: Beginning at the northeast corner of said southerly
500.00 feet of the easterly 500.00 feet, said northeast comer also being the southeast
corner of OUTLOT A, KENSINGTON ESTATES 4 ADDITION, according to the
recorded plat thereof; thence on an assumed bearing of North 89 degrees 06 minutes 16
seconds West along the northerly line of said southerly 500.feet of the easterly 500.00
feet and the southerly line of said OUTLOT A for 87.07 feet to the southwest comer of
said OUTLOT A; thence South 15 degrees 15 minutes 57 seconds East for 331.50 feet
to the easterly line of said Southeast Quarter of the Southwest Quarter; thence North 00
degrees 02 minutes 26 seconds West along said easterly line for 318.44 feet to the point
of beginning.
0
Beginning at the Southwest corner of said Lot 29, said corner being also the southwest
. corner of the Northeast Quarter of the Southeast Quarter of said Section 27; Township 32,
Range 24; thence along an assumed bearing of North 00 degrees 07 minutes 18 seconds
West along the most westerly line of said Lot 29 a distance of 688.72 feet; thence South
79 degrees 45 minutes 19 seconds East a distance of 40.89 feet; thence South 60 degrees
04 minutes 12 seconds East a distance of 43.45 feet; thence South 43 degrees 56 minutes
49 seconds East a distance or 45.73 feet; thence South 39 degrees 44 minutes 38 seconds
East a distance of 88.10 feet; thence South 40 degrees 48 minutes 57 seconds East a
distance of 91.31 feet; thence South 43 degrees 00 minutes 57 seconds East a distance of
36.65 feet; thence South 29 degrees 03 minutes 59 seconds East a distance of 49.60 feet;
thence South 39 degrees 08 minutes 25 seconds East a distance of 60.74 feet; thence
South 53 degrees 25 minutes 00 seconds East a distance of 37.89 feet; thence South 47
degrees 52 minutes 34 seconds East a distance of 42.64 feet; thence South 41 degrees 09
minutes 22 seconds East a distance of 51.36 feet; thence South 35 degrees 56 minutes 48
seconds East a distance of 40.54 feet; thence South 27 degrees 39 minutes 19 seconds
East a distance of 35.77 feet; thence South 40 degrees 14 minutes 42 seconds East a
distance of 54.12 feet; thence South 47 degrees 16 minutes 27 seconds East a distance of
32.39 feet; thence South 37 degrees 37 minutes 40 seconds East a distance of 59.79 feet;
thence South 34 degrees 27 minutes 40 seconds East a distance of 43.18 feet; thence
South 31 degrees 05 minutes 02 seconds East a distance of 54.84 feet; thence South 48
degrees 22 minutes 53 seconds East a distance of 53.40 feet to the most southerly line of
said Lot 29; thence North 89 degrees 04 minutes 22 seconds West along the most
southerly line of said Lot 29 a distance of 635.88 feet to the Point of Beginning.
(As described in Quit Claim Deed filed as Anoka County Doc. No. 1649743)
PARCEL D
(P.I.D. # 27- 32 -24 -44 -0001)
The Southeast Quarter of Southeast Quarter Section 27 Township 32 Range 24, Anoka
County, Minnesota.
Subject to the right -of -way of County Road No. 78.
PARCEL E
(P.I.D. # 34- 32 -24 -11 -0002)
All that part of the Northeast Quarter of Northeast Quarter of Section 34 Township 32
Range 24, Anoka County, Minnesota, described as follows:
Beginning at northeast corner of the Northeast Quarter of Northeast Quarter, thence
North 89 degrees 08 minutes 39 seconds West along north line of said Northeast Quarter
of Northeast Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of
Northeast Quarter, thence South 0 degrees 18 minutes 44 seconds West along west line of
said Northeast Quarter of Northeast Quarter, 15 feet, thence South 89 degrees 08 minutes
39 Seconds east 180.52 feet, thence South 75 degrees 30 minutes 33 seconds East 190.89
feet, thence South 89 degrees 08 minutes 39 seconds East 474.80 feet, thence North 67
degrees 05 minutes 08 seconds East 111.64 feet, thence South 89 degrees 08 minutes 39
seconds East 373.94 feet more or less to a point on east line of said Northeast Quarter of
B. Permitted Uses
There are no permitted uses within the CLR District.
C. Accessory Uses
Accessory uses allowed in this district include outdoor equipment or small buildings used
in concert with gas extraction systems (i.e. gas to energy system), other response action
systems, monitoring wells or any other equipment designed to protect, monitor or
otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences
and gates shall be allowed under these provisions.
D. Conditional Uses
Conditional uses shall be limited to passive uses to protect the integrity of the landfill
area and to protect any person from hazards associated with the landfill. The landfill
shall be planted in cover crops and shall be maintained by the MPCA.
Any proposed conditional use must be approved by the Commissioner of the Minnesota
Pollution Control Agency (MPCA) and the City of Andover. Such approved use shall
not disturb or threaten to disturb, the integrity of the landfill cover, liners, any other
components of any containment system, or the function of any monitoring system that
exists upon the described property.
E. Prohibited Uses and Structures
All other uses and structures not specifically allowed as conditional uses, or that cannot
be considered as accessory uses, shall be prohibited in the CLR District.
F. General Regulations
Requirements for parking, signs, area, height and other regulations are set forth in
Articles
LJ
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Attachment B: City Code City Code 9 =1 -6
security agreement, and the city shall proceed to complete the
improvements and collect the costs thereof from the security.
4. If proof of other security is provided by the general contractor or home
builder, the above security will not be required.
C. Definition: For the purposes of this section, the term "boulevard" shall
mean the area of a public right-of-way extending from the back ofthe
curb, or the edge of a roadway where no curb is installed, to the right -of-
way limit (Amended Ord. 205, 311 -1997; amd. 2003 Code)
9-1-6: CONSTRUCTION NEAR WDE SITE:
A. No Construction Within Two Hundred Feet Of Site: No enclosed structure
shall be built within two hundred feet (2001 of the limit of refuse disposal at
the WDE qualified facility as depicted as Line F in Exhibit A attached to
Ordinance 205 on file in the office of the City Clerk for public use and
inspection (Exhibit A is a drawing of the WDE qualified facility), except for
any property north of Coon Creek
B. Construction Within Two Hundred To Five Hundred Feet Of Site:
i 1. Prior To Construction; Soil Gas Monitoring Probe Required:
a. For any enclosed structure to be erected within two hundred feet (200)
to fire hundred feet (500) of the limit of refuse disposal at the WDE
alified facility as depicted in Exhibit A attached to Ordinance 205 on fife
in the office of the City Clerk for public use and inspection, excluding
party north of Coon Creek (the line 500 feet distant from the limit of
refuse disposal is depicted as Line F), the property owner shall, prior to
construction of the structure, install a soil gas monitoring probe located
between the structure and the limit of refuse disposal at the WDE qualified
facility. The soil gas - monitoring probe shall be of a design approved by the
Commissioner of the Minnesota Pollution Control Agency
("Commissioner') and shall be installed in a location approved by the
Commissioner. The soil gas - monitoring probe shall be installed by a water
well contractor licensed in the State of Minnesota. Installation of a soil
gas- monitoring probe pursuant to this Subsection B1a shad not be
required if the Commissioner, in his/her sole discretion, determines that an
existing soil gas - monitoring probe located in between the proposed
enclosed structure and the limit of refuse disposal at the WDE qualified
facility provided adequate monitoring.
b. The property owner and his/her successors and assigns shall grant the
Commissioner and his/her designates amass to the property in order to
conduct sampling of the soil gas - monitoring probe until such time as the
111 I T Y D F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Plannety
SUBJECT: PUBLIC HEARING Preliminary Plat of Andover Marketplace East 2 "d
Addition to create two commercial properties from Outlot C of Andover
Marketplace East located at the northeast corner of Station Parkway and Quinn
Street NW.
DATE: July 11, 2006
INTRODUCTION
Northgate Liquor intends to move to a new building on proposed Lot 1. Proposed Lot 2 will
continue to be marketed as a pad site for commercial uses allowed by the Andover Station
Design Guidelines.
DISCUSSION
Outlot C was created with the Andover Marketplace East plat with the understanding that it
• could be subdivided to create two commercial properties in the future. The lots were not created
at that time to allow flexibility to be preserved for future uses.
Lots
The proposed property line between Lot 1 and Lot 2 is oriented to allow each lot to have
ownership of one half of the access to the private drive lane to the north. Each of the lots will
meet the minimum lot width, depth and area requirements of the General Business Zoning
District.
Utilities
The sanitary sewer line that serves Walgreens will need to be relocated to allow a building to be
positioned as shown on the attached plans. This work will be completed at the applicant's
expense. A drainage and utility easement is proposed to cover the location of the new sewer and
water lines. Storm sewer will be constructed as necessary to carry water from the site to existing
storm water drainage areas.
Park Dedication and Trail Fees
Park dedication and trail fees were satisfied through the purchase of this property from the city.
Commercial sites are typically required to construct trails adjacent to the property. In this case, a
trail already exists to the north, west and south of the property. No additional trails are
necessary.
')
Access
Access will be provided from Station Parkway and the private drive lane to the north. The
access to Quinn Street NW will be designed and signed as a right out only. A shared access
agreement will be required to be recorded with Anoka County.
H
Tree Preservation
There are no trees on the site to be preserved. A landscaping and screening plan will be prepared
and reviewed as a part of the Commercial Site Plan process.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the proposed plat subject to the
conditions listed in the attached resolution.
Attachments
Resolution
Location Map
Preliminary Plat
submitted, Respectfully
Cc: Bruce Carlson, United Properties, 3500 West 80 Street, #200 Bloomington, MN 55431
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER
MARKETPLACE EAST 2 ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS:
OUTLOT C, ANDOVER MARKETPLACE EAST, ANOKA COUNTY, MINNESOTA
WHEREAS, the Andover Review Committee has reviewed the preliminary plat of Andover
Marketplace East 2nd Addition; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends approval of the proposed preliminary plat to the City Council; and
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
preliminary plat of Andover Marketplace East 2 Addition, subject to the following conditions:
1. The preliminary plat shall conform with plat drawing revised June 28, 2006, and
stamped as "Received by the City of Andover" June 28, 2006.
2. Each building site shall be required to complete the commercial site plan review process.
3. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, and MPCA.
4. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
site improvements indicated on the approved plans will be completed. In the event the
developer wishes to begin grading of the site prior to establishing a development
agreement, the developer shall provide a financial guarantee that is sufficient to restore
the site to its predevelopment conditions in an amount determined by the City Engineer.
5. All utilities and drainage areas on the site are private and will be maintained by the
owners association.
6. Each of the lots shall be provided membership in the owners association.
7. A cross access agreement allowing access between Lots 1 and 2 in perpetuity shall be
recorded with Anoka County.
Adopted by the City Council of the City of Andover this day of , 200_.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk Michael R. Gamache, Mayor
C ITT Y 0 P'
NDOYL
Incorporated
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•
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne4,
(763) 755 -5100
SUBJECT: PUBLIC HEARING Conditional Use Permit (06 -03) to allow off sale liquor
sales on property located at the northeast corner of Station Parkway and Quinn
Street NW.
DATE: July 11, 2006
INTRODUCTION
Northgate Liquor will be moving from its present location to a new building on a site south of
Walgreens. The new property needs a conditional use permit to allow this use of the property.
DISCUSSION
The Planning Commission is asked to determine if off sale liquor is an appropriate use for the
• property. If the use is deemed appropriate, the Commission may attach reasonable conditions to
ensure that the use will be in keeping with the character of the surrounding area. Such
conditions may extend to the site and building to ensure that they will be compatible with the
surrounding development area.
The number of off -sale intoxicating liquor licenses is limited to one per 6,000 residents based on
population estimates. This type of license can only be issued to liquor stores. There are
presently four such licenses in the City. The proposed license will replace Northgate Liquors
existing license, leaving one license yet available.
The site is more than 1,000 feet from schools and more than 400 feet from churches as required
by City Code 3 -113-4.
It is important to note that state statutes provide a variety of regulations that liquor stores are
required to follow.
Staff Recommendation
Staff recommends approval of the proposed conditional use permit. This use is consistent with
the surrounding area and the Andover Station Design Guidelines.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the proposed conditional use
permit. The proposed liquor store will be required to complete the Commercial Site Plan
• process. However, if the Planning Commission has suggestions concerning the design or layout
of the building, these comments would also be appreciated.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Attachments •
Resolution
Location Map
Site Plan
Building Elevations
Respectfully submitted,
ouin ednalt
Cc: Mike Hansen, HK &A, LLP 1837 86` Lane NE Blaine, MN 55449
0
0
. CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR
ON PROPERTY TO BE DESCRIBED AS LOT 1, BLOCK 1 ANDOVER MARKETPLACE
EAST SECOND ADDITION, ANOKA COUNTY MINNESOTA
WHEREAS, HK & A, LLP has requested approval of a conditional use permit for off sale liquor
on the subject property, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code, and;
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission.recommends to the City Council approval of
the conditional use permit request;
. 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 a
conditional use permit for off sale liquor on the subject property subject to the following:
1. The applicant shall be required to obtain an off -sale liquor license from the City Council.
2. The applicant shall complete the Commercial Site Plan process with the City of Andover.
3. The conditional use permit shall be subject to a sunset clause as defined in City Code
12 -15 -6.
Adopted by the City Council of the City of Andover on this _th day of , 2006.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
•
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planne4
SUBJECT: PUBLIC HEARING Rezoning (06 -03) to rezone property from R -1, Single
Family Rural Residential to R-4, Single Family Urban Residential for property
located at 1177 161" Avenue NW.
DATE: July 11, 2006
INTRODUCTION
The Planning Commission is asked to review the proposed rezoning to allow the Country Oaks
South plat to move forward. A sketch plan of the proposed project was reviewed with the
Country Oaks West plat.
DISCUSSION
As with all rezonings, the City must meet one of the two following findings that are provided by
state statute:
1. The original zoning was m error.
2. The character of the area or times and conditions have changed to such an extent to
warrant the Rezoning.
The property was placed into the Rural Reserve when the Comprehensive Plan was updated to
preserve the area for urban development. A subsequent comprehensive plan amendment brought
the subject property into the Municipal Urban Service Area (MUSA) to allow access to
municipal utilities. The proposed rezoning will now allow urban development to occur.
Staff Recommendation
Times and conditions have changed due to the fact that the Comprehensive Plan now designates
the subject property for urban development. It is appropriate to rezone the property to allow
urban development to occur.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the rezoning request based on the
fact that times and conditions have changed.
Attachments
Ordinance Amendment
Location Map
• p e miffed,
Cc: Randy Hermanson, Hermanson Homes 23847 Johnson Street N.E. East Bethel, MN 55011
0
i
CITY OF ANDOVER •
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE
AN ORDINANCE AMENDING CITY CODE TITLE 12 -3 -5, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code 12 -3 -5, The Zoning District Map of the City of Andover is hereby amended as
follows:
1) Rezone land from R -1, Single Family Rural Residential to R -4, Single Family Urban
Residential on approximately 2.5 acres legally described as:
The West 300.00 feet of the South 363.00 feet of the Northeast Quarter of Section 14,
Township 32, Range 24, Anoka County, Minnesota
2) The finding for the rezoning is that times and conditions have changed due to the fact that
property was placed into the Rural Reserve when the Comprehensive Plan was updated to .
preserve the area for urban development. A subsequent comprehensive plan amendment
brought the subject property into the Municipal Urban Service Area (MUSA) to allow
access to municipal utilities. The proposed rezoning will allow urban development to
occur.
3) All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this day of 2006.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
Michael R. Gamache, Mayor
•
A �NwO VE
Incorporated
1974
Country Oaks South
�NJ
SUBJECT PROPERTY
Location Map
ANLb Y O F 61
• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Plannq*
SUBJECT: PUBLIC HEARING Preliminary Plat of Country Oaks South a single family
urban residential development containing 3 lots located at 1177 161` Avenue NW.
DATE: July 11, 2006
INTRODUCTION
The Planning Commission is asked to review a Preliminary Plat for Country Oaks South. The
Commission previously reviewed a sketch plan for the proposed project as a part of the Country
Oaks West plat.
DISCUSSION
Conformance with Local Plans and Ordinances
1. The property is located in the Metropolitan Urban Service Area (MUSA).
2. The property is currently zoned R -1, Single Family Rural Residential. A rezoning to R-4 is
necessary to allow the project to move forward. The project is designed to conform to the R-
4 Zoning District requirements.
Site Design
The proposed plat contains three lots. One of the lots contains the existing home which will remain.
The existing driveway access to 161" Avenue will be eliminated. All three lots will have driveway
access to Wintergreen Street NW.
Tree Preservation
A significant amount of mature trees exist along the west side of the site and south of the existing
pond area. The tree preservation plan shows that these trees will be preserved as indicated with tree
preservation areas and the location of silt fence.
Buildability
Each of the lots will meet the buildability requirements of the City. This includes providing the first
100 feet of the lot with suitable soils and an additional 16.5 feet beyond the first 100 feet for lots
adjacent to wetlands and storm water ponds.
Streets and Utilities
Wintergreen Street and the sewer and water stubs for each of the proposed lots were constructed as a
part of the Country Oaks West project. The applicant will be responsible for sewer and water access
charges that will be required to be paid as a part of the development contract. The applicant will be
required to abandon the existing septic tank and drain field in accordance with state statute and to
connect the existing home to both city sewer and water. The existing well may be preserved for
irrigation or other purposes.
f
Lots
Each of the lots will meet the minimum lot width depth and area requirements of the R -4 Zoning •
District. The front yard of the lot that contains the existing home will become Wintergreen Street
NW as the City Code indicates that the shortest of two sides on a public street is the front yard. As
a result, the north property line becomes a side yard, with a ten foot setback requirement.
Lot Frontage on Collector Street
Each of the lots will front on Wintergreen Street NW which has been designated a collector street.
Lots typically are not permitted to front on collector streets. This issue was discussed during the
Country Oaks West plat and it was determined that this lot arrangement would be acceptable. Part
of the reason for this is that Wintergreen Street will not carry a significant level of traffic due to the
fact that it will transition into a rural development area to the north of Country Oaks West.
It is also important to note that the Planning Commission recommended approval of an ordinance
amendment to create two classes of collector streets, one of which (a minor collector with an ADT
of less than 2,000 trips per day) would allow lots to front on it. The Council subsequently discussed
further modifications to the Transportation Plan and tabled this amendment until that work can be
completed. The proposed collector street would be classified as a minor collector if this ordinance
amendment had been adopted. A variance for the proposed driveways has been included in the
attached resolution.
Park Dedication and Trail Fees
Park dedication and trail fees will be required for the two lots that will contain new homes.
Easements
The typical urban lot easements are proposed, including ten foot wide front and rear and five foot
wide side yard drainage and utility easements. Additional easements will be required to be
provided to cover areas that are below the proposed high water level.
Existing Structures
An existing detached accessory structure and play structure will be removed from the area being
subdivided into new residential lots. As previously indicated, the existing home will remain.
Staff Recommendation
Staff recommends approval of the proposed plat subject to the conditions of the attached resolution.
ACTION REQUESTED
The Planning Commission is asked to discuss the proposed project, suggest any changes they feel
are necessary and to make a recommendation to the Council.
Attachments
Resolution
Location Map
Preli itted,
Plat Plan Set
i
m •
Cc: R dy Henn n, Hermanson Homes 23847 Johnson Street N.E. East Bethel, MN 55011
2
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R -06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "COUNTRY OAKS SOUTH"
FOR PROPERTY LOCATED AT 1177 161 ST AVENUE NW DESCRIBED AS;
The West 300.00 feet of the South 363.00 feet of the Northeast Quarter of Section 14, Township 32,
Range 24, Anoka County, Minnesota
WHEREAS, Hermanson Homes has requested approval of a preliminary plat for Country Oaks
South; and
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat; and
WHEREAS, a variance to City Code 11 -3 -2 to allow lots to front on a collector street has been
requested, and;
WHEREAS, the Planning Commission recommends approval of the variance based on finding that
the layout was previously reviewed as a part of the Country Oaks West plat, that the collector street
will transition into a rural development area and will not carry a significant level of traffic and that
there is no other feasible way to provide access to the property, and;
WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of
the preliminary plat to the City Council; and
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
Preliminary Plat of Country Oaks South, with the following conditions:
1. The Preliminary Plat shall conform to the plans revised July 5, 2006 and stamped received
on July 5, 2006.
2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR,
Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other
agency that may be interested in the site.
3. Park dedication and trail fees shall be paid for two lots on a per unit basis as established by
the City Code. Rate increases shall be subject to State Statute.
4. The developer shall be responsible for the cost of construction of all improvements proposed
as a part of the preliminary plat.
5. All existing overhead utilities shall be removed and placed underground.
6. A variance to City Code 11 -3 -2 is granted to allow lots to front on a collector street.
7. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
Adopted by the City Council of the City of Andover this day of , 2006.
CITY OF ANDOVER
ATTEST:
Victoria Volk, City Clerk
Michael R. Gamache, Mayor
•
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T A T AWIOVER. HMHE U HERMANSON HOMES INA Y ADWG 2384] JOHNSON 5T. N.E RAINAGE, EROSION CONU1 EAST BETHEL. MN 55005 - gB93 AND TREE PROTECTION PLAN .a_
ANLb v o r 6V
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304
MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner,4Z
SUBJECT: PUBLIC HEARING: Rezoning 06 -04: Change the zoning for 1341 & 1433
161 Avenue NW and properties located northeast of the intersection of Hanson
Boulevard and 161 Avenue NW, from (R -1), Single Family Rural, to (R-4),
Single Family Urban.
DATE: July 11, 2006
INTRODUCTION
White Pine Wilderness is a new proposed residential subdivision west of Country Oaks West and
northeast of the intersection of Hanson Boulevard and 161" Avenue NW. The development is
located on 63.3 acres that are currently zoned R -1. The applicant is asking that the land be
• rezoned to R -4 to accommodate the new subdivision.
DISCUSSION
As with all rezonings, the City must meet one of the two following findings provided by
Minnesota State Statute:
1. The original zoning was in error.
2. The character of the area and/or times and conditions have changed to such an extent
to warrant the Rezoning.
The times and conditions have changed with the arrival of municipal services to properties
adjacent to the applicant's property. With city water and sewer available, this area will be able to
developed at a density that an R -4 zoning classification provides.
Staff Recommendation
Staff recommends a favorable recommendation for this rezoning.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of the rezoning request based on the
fact that times and conditions have changed.
Respectfully submitted,
Andy Cross
Cc: Larry Emmerich, 1341 —161 Avenue NW, Andover, MN 55304
Attachments
Resolution
Location Map
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA •
CITY CODE CHAPTER 12 -3
AN ORDINANCE AMENDING CITY CODE CHAPTER 12 -3, ZONING DISTRICT MAP OF
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Chapter 12 -3, The Zoning District Map of the City of Andover is hereby amended as follows:
1) Rezone properties from R -1, Single Family Rural to R -4, Single Family Urban, legally
described as:
All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of Section
14, Township 32 North, Range 24 West, and all that part of the South Half of said Northwest
Quarter which lies East of the East line of the West 717.89 feet of said South Half of the
Northwest Quarter, Northerly and Easterly of the South 689.92 feet of the West 815.00 feet of
said South Half of the Northwest Quarter and Westerly of the following described Line A:
Said Line A is described as follows: •
Commencing at the Southeast corner of said South Half of the Northwest Quarter of Section 14;
thence North — degrees 18 minutes 42 seconds East along the East line of said South Half of the
Northwest Quarter, a distance of 495.51 feet to the Point of Beginning of said Line A; thence
north 46 degrees 55 minutes 20 seconds West, a distance of 262.00 feet; thence North 17 degrees
47 minutes 32 seconds West, a distance of 238.70 feet; thence north 38 degrees 23 minutes 22
seconds East, a distance of 304.00 feet; thence North 82 degrees 36 minutes 28 seconds East, a
distance of 79.75 feet to said East line of the South Half of the Northwest Quarter and said Line
A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according to the
recorded plat thereof. Section 14, Township 32, Range 24, Anoka County, Minnesota.
2) All other sections of the Zoning Ordinance shall remain as written and adopted by the
City Council of the City of Andover.
This rezoning is approved based upon the fact that with the arrival of municipal services the
character of the area has changed and the conditions surround the site have changed to such an
extent that a rezoning is warranted.
0
• Adopted by the City Council of the City of Andover on this _ day of 2006.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria Volk, City Clerk
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1685 CROSSTOWN BOULEVARD N,W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Andy Cross, Associate Planner�
SUBJECT: PUBLIC HEARING: Preliminary Plat of a single - family residential
development to be known as White Pine Wilderness.
DATE: July 11, 2006
INTRODUCTION
The Planning Commission is asked to review a preliminary plat for White Pine Wilderness. The
plat proposes 60 lots that will be served by City sewer and water.
DISCUSSION
Conformance with Local Plans
The property is zoned Single Family Rural Residential (R -1). A rezoning to Single Family
. Urban Residential (R -4) is proposed as a separate item.
Access
Crane Street is the only access into and out of this development. This dead end exceeds the 300 -
foot length restriction in the City Code. A variance will be required and is included as a
condition of approval for this preliminary plat. The sketch plan showed the future remediation of
the long dead -end street with Avocet Street eventually connecting to Hanson Boulevard. The
internal street loops may also help with vehicle traffic within the development.
The City Code requires a temporary cul -de -sac on stubbed streets that are 210 feet long from the
center point of the nearest intersecting streets. 162 Avenue is the only street stub that exceeds
210 feet, so a temporary cul -de -sac is shown at its stub. The buildable area of lots 15 & 16,
Block 3 has been pushed northward to accommodate the required setback from the cul -de -sac.
The Council has discussed the options available for improvements at the intersection of Crane
Street and 161 Avenue. The developer has indicated that he does not want a right - in/right -out
intersection, so the Anoka County Highway Department is reviewing the feasibility of a full
intersection there.
Utilities & Easements
The typical five foot wide side yard and ten foot wide front and rear yard drainage and utility
• easements will be provided on each lot. Additional easements will be provided to cover storm
water ponds, drainage areas, underground utility lines and maintenance vehicle accesses. The
Public Works Department requires two maintenance vehicle accesses to each storm water pond.
Lots •
All of the lots in White Pine Wilderness meet or exceed the 11,400 square -foot minimum lot size
for the R -4 zoning district.
Lot 17, Block 3 does not meet the City's minimum buildability requirements. Urban lots are
required to have at least 80 feet of frontage on a public street. Lot 17, Block 3 does not have the
required frontage because 162 Avenue ends at the western property line of the development
before it can serve Lot 17. Staff recommended combining lots 16 & 17 instead of platting them
separately now. The single combined lot would meet the frontage requirement, then could be
split in the future when 162 "d Avenue was extended to the west.
The developer has chosen to keep the lots separate and request a variance from the City's
buildability requirements for Lot 17, Block 3. Since the lot would not be buildable if platted, no
building permit would be issued for it. If a variance is granted and Lot 17 is included in the plat,
then as a condition of approval a deed restriction would be placed on the lot that would prohibit
any development on Lot 17, Block 3 until 162 " Avenue is extended to provide the required
frontage. As with all variances, findings will be required to demonstrate a hardship. A space has
been provided on the resolution to include findings if the Planning Commission recommends
approval of the variance request.
Lots 9 & 10, Block 5 are within the boundary of FEMA's floodplain, which renders them
unbuildable. The developer is pursuing a Letter of Map Amendment (LOMA) from FEMA.
This letter will show that Lots 9 & 10, Block 5 are not in the floodplain and are buildable lots. •
As a condition of final plat approval for those lots, the LOMA's will need to be finalized and
these lots will need to be removed from the floodplain.
Park Dedication
The applicant has included a small park on the preliminary plat. It is located on the south end of
Block 4. The Park and Recreation Commission will review this plan at their July 20'', 2006
meeting. Any recommendations they make regarding parkland and park dedication fees will be
conditions for final plat approval.
Tree Protection Plan
The development's Tree Protection Plan is included as part of the preliminary plat application.
In accordance with the City's new screening requirements, new and existing trees have been
placed along the northern border of the development where the urban zoning district abuts rural
lots. The Planning Commission will need to determine whether this is an acceptable buffer.
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. •
• The developer is also required to meet all other applicable ordinances, including:
• City Code Title 11, Subdivision Regulations
• City Code Title 12, Zoning Regulations
• City Code Title 13, Planning and Development
• City Code Title 14, Flood Control
ACTION REOUESTED
The Planning Commission is asked discuss the buildability variance to Lot 17, Block 3. Discuss
any other elements of the preliminary plat and make a recommendation to the City Council.
Respectfully sub miffed,
Andy Cross
Attachments
Resolution
Location Map
Preliminary Plat
Letter from the Anoka County Highway Department
Cc: Larry Emmerich, 1341 — 161 Avenue NW, Andover, MN 55304
•
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R -06
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WHITE PINE
WILDERNESS" FOR L & K DEVELOPMENT, LLC ON PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of Section
14, Township 32 North, Range 24 West, and all that part of the South Half of said Northwest
Quarter which lies East of the East line of the West 717.89 feet of said South Half of the
Northwest Quarter, Northerly and Easterly of the South 689.92 feet of the West 815.00 feet of
said South Half of the Northwest Quarter and Westerly of the following described Line A:
Said Line A is described as follows:
•
Commencing at the Southeast corner of said South Half of the Northwest Quarter of Section 14;
thence North — degrees 18 minutes 42 seconds East along the East line of said South Half of the
Northwest Quarter, a distance of 495.51 feet to the Point of Beginning of said Line A; thence
north 46 degrees 55 minutes 20 seconds West, a distance of 262.00 feet; thence North 17 degrees
47 minutes 32 seconds West, a distance of 238.70 feet; thence north 38 degrees 23 minutes 22
seconds East, a distance of 304.00 feet; thence North 82 degrees 36 minutes 28 seconds East, a
distance of 79.75 feet to said East line of the South Half of the Northwest Quarter and said Line
A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according to the
recorded plat thereof. Section 14, Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has
conducted a public hearing on said plat, and;
WHEREAS, the applicant has requested variances to City Code 11 -3 -3G to allow a street
terminating in a cul -de -sac to exceed 500 feet in length, and;
WHEREAS, the Planning Commission recommends approval of the proposed variance to City
Code 11 -3 -3G based on the following findings:
1) No option currently exists to connect a second street out of the development;
and
2) The variance will be eliminated when a street is extended to the west in the .
future.
• WHEREAS, the applicant has requested a variance to City Code 11 -3 -6 -C to allow Lot 17, Block
3 to be platted while not having the required frontage on a publicly dedicated street, and;
WHEREAS, the Planning Commission recommends approval of the variance based on the
finding that , and:
WHEREAS, as a result of such public hearing, the Planning Commission recommends to the
City Council the approval of the plat, and;
NOW,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
approves the preliminary plat subject to the following conditions:
1.
The Preliminary Plat shall address all comments from the Engineering department and
Community Development before grading may commence.
2.
The Preliminary Plat shall address all comments from the Andover Parks and Recreation
Commission before grading may commence.
3.
The developer shall pay a Park Dedication Fee as determined by the Parks Commission
and also a Trail Fee of $35,400. The final determination will be made prior to final plat
approval.
4.
The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any
other agency that may be interested in the site.
5.
•
The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
6.
Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
7.
Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure all
of the subdivision improvements will be completed.
8.
The developer shall be responsible for improvements to the intersection of 161 Avenue
NW and the proposed Crane Street NW as required by the Anoka County Highway
Department and the Andover Engineering Department.
9.
If a variance is granted to allow the platting of Lot 17, Block 3, then deed restrictions
must be put in place to prohibit the issue of a building permit on the lot until 162
Avenue is extended to provide required frontage for the lot.
10.
Letters of Map Amendment (LOMA's) from the Federal Emergency Management
Agency must be on file for Lots 9 and 10, Block 5 proving they are out of the floodplain
before the lots are included on a final plat.
Adopted by the City Council of the City of Andover this day of , 2006.
CITY OF ANDOVER
ATTEST:
• Victoria Volk, City Clerk Michael R. Gamache, Mayor
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COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005
(763) 862 -4200 FAX (763) 862 -4201
RECEIVED
March 14, 2006
Andy Cross
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Larry Emmerich Sketch Plan
CITY OF ANDOVER
We have reviewed the sketch plan for Larry Emmerich, located north of CSAH 20 (161 Avenue NW)
and east of CSAH 78 (Hanson Blvd.) within the City of Andover, and I offer the following comments:
The existing right of way north of CSAH 20 varies from 50 feet to 60 feet. A total of 60 feet of right
of way adjacent to CSAH 20 will be required for future reconstruction for purposes.
• The plat proposes the construction of a local street connection approximately 1200 feet from the
intersection of CSAH 78. For a route such as CSAH 20 with a speed limit of 55mph, Anoka County
Highway Department access spacing guidelines call for '' /z mile (2640ft) spacing for full access
intersections, and' /4 mile (1320ft) for secondary (right in/right out) access points. Based upon this, the
new local roadway connection to CSAH 20 should be planned to be a right in/right out access point in
the future. It appears that there are sight distance deficiencies for the Intersection Sight Corner
requirements at the proposed future street and the intersection with CSAH 20 with the obstructions
primarily being trees. The City and the Developer shall ensure that clearing and/or grading is
completed to satisfy the Sight Corner requirements to the fullest extent possible at the approved access
location.
As proposed, all lots within this plat will have access via local roadways, which is consistent with
Anoka County standards and is acceptable. No direct access to CSAH 20 will be permitted and the
right of access along CSAH 20 shall be dedicated to Anoka County (with an exception for the new
local roadway). Any existing driveways or field entrances onto CSAH 20 within the boundaries of this
plat shall be removed and the ditch section restored to match the existing depth, slope, and grades.
Prior to the sale of any parcels within this development, the Developer shall complete all work relative
to driveway and or /field entrance removal. In addition, the new right of way corridor is to be cleared
of trees within the boundaries of this plat.
An All -Way Stop is currently inplace at the intersection of CSAH 78 and CSAH 20. While All -Way
Stop intersections are typically safe, there are limits to the amount of capacity that they are able to
effectively handle without producing intersection delays that can become unacceptable to motorists
using the intersection over time. At some point in the future, it is anticipated the intersection of CSAH
78 and CSAH 20 will become signalized and reconstructed to include raised median channelization
and left and right turn lanes. Please note that there is no funding inplace at the present time for this
Affirmative Action / Equal opportunity Employer
Andy Cross
Page 2 of 2
March 14, 2006
signalization and intersection reconstruction to occur. Anoka County's ability to secure funding for
this intersection improvement may not match the City's timeline for development in this area. If the
City of Andover has concerns about future operations of the CSAH 78 /CSAH 20 intersection as a
result of this or future development in this vicinity, they may wish to consider the degree of impact
that the developments each will have on the intersection, and enter into Developer's agreements that
assign a relative degree of financial responsibility for the future roadway improvements that will be
needed at this intersection at some point in time. In the interim, the Developer will be required to
construct a WB CSAH 20 right turn lane and an EB CSAH 20 bypass lane for the new local roadway
access onto CSAH 20. Drainage calculations must be submitted along with a grading and erosion
control plan that delineates the drainage areas for this site. The post - developed rate of runoff must not
exceed the pre - developed rate runoff for the 10 -year, critical design storm. An engineering plan review
fee estimated at $850.00 will apply to this project. Contact Andrew Witter, Construction Services
Engineer, for further information regarding the engineering plan review process. Please submit the
drainage calculations, grading and erosion control plans, and right turn lane plan_ and bypass plans
along with the ACHD Design Requirements Checklist for County Highway Modifications (copy
attached) and the applicable engineering plan review fee to Mr. Witter for his review and approval.
It should be noted that residential land use adjacent to highways usually results in complaints
regarding traffic noise. Traffic noise at this location could exceed noise standards established by the
U.S. Department of Housing and Urban Development and the Minnesota Pollution Control Agency.
Anoka County policy regarding new developments adjacent to existing county highways prohibits the
expenditure of highway funds for noise mitigation measures. The City and/or the Developer should
assess the noise situation and take any action deemed necessary to minimize associated impacts at this
site from any traffic noise. •
An access permit for the new local roadway intersection on CSAH 20 and a permit for work within
County right of way are required and must be obtained prior to the commencement of any construction
(access permit = $150.00; permit to work within R/W= $110.00). Contact Terri Klein, Permit
Technician, for further information regarding the permit process. Installation and maintenance of any
necessary permanent traffic control devices within the county right of way will be determined and
coordinated by Anoka County in conjunction with the permit process.
Thank you for the opportunity to comment. Feel free to contact me if you have any questions.
S
4 aneose
Traffic Engineering Manager
xe: CSAH 20/Plats /2006
Mike Kelly, Chief Right -of -Way Agent
Larry Hoium, County Surveyor
Randy Bettinger, Traffic Engineering Coordinator
Terri Klein, Permit Technician
Josie Scott, Traffic Engineering Technician
Tom Hornsby, Traffic Services Supervisor - Signs
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 -4005
(763) 862 -4200 FAX (763) 862 -4201
RECEIVED
16 - pit:':
March 14, 2006
•
Andy Cross
City of Andover CITY OF ANDOVER
1685 Crosstown Blvd. NW
Andover, MN 55304
REVISED: Lary Emmerich Sketch Plan
In our written review of this sketch plan, which was faxed to your office earlier today, we overlooked
the existing intersection of Crane Street NW at CSAH 20 which is located directly opposite the new
local roadway proposed in this plat (south side of CSAH 20). Because of the existing Crane Street NW
intersection, construction of an EB CSAH 20 bypass lane for the new local roadway access for this
sketch plan onto CSAH 20 will not be appropriate. Consequently, the interim improvements to CSAH
20 that will be required for this development will need to be revised to one of the following
alternatives:
1. Construction of WB and EB CSAH 20 left and right turn lanes at Crane Street NW
(engineering plan review fee estimated at $800.00) or,
2. Construction of a WB CSAH 20 right tam lane at Crane Street NW and construction of a
raised median on CSAH 20 that limits EB and WB access onto CSAH 20 at Crane Street NW
to right turn in/right turn out movements (engineering plan review fee estimated at $350.00).
Thank you for bringing this issue to my attention. All other comments regarding this sketch plan
remain unchanged. Feel free to contact me if you have further questions or there are additional issues.
Sincerely,
Jane Rose
Traffic Engineering Manager
xc: CSAH 20 /Plats /2006
Mike Kelly, Chief Right -of -Way Agent
Larry Hoium, County Surveyor
Randy Bettinger, Traffic Engineering Coordinator
Terri Klein, Permit Technician
Josie Scott, Traffic Engineering Technician
Tom Hornsby, Traffic Services Supervisor. -Signs
Affirmative Action / Equal Opportunity Employer
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N WHITE PINE WILDERNESS John Oliver &Associates Inc. cation, or report was prepared by me 1 hereby certify that this plan. sp,df- REV
m ATE: OS 01 O6 NO DATE DESCRIPTION
El ANDOVER MN cowl 2ayrsert..e. /.end Sm L,ond rinnn+ng or under my direct supervision and 311 x% XXX 1 05 09 06 Revised Vicinity Map and Notes
that I am a duly Licensed Land I ommen s
660 Dodge Avenue RAWN BY: DCP MON
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o Surveyor under State of Minnesota 0 Wetland Impacts Undated
p FOR 6ek River. Mimleaotu 56990 Statutes Sections 32602- 326.15 NECKED BY: BTB 4 6 I Y
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\ L & K DEVELOPMENT LLC :; WG'. 8499- 20- PPLAT.DWG
Offices in' BLE River, BunravilLe, / +'y: +'- °':• = -Y
PRELIMINARY PLAT
Brooklyn Ceder & St. Cloud Minttesota Signature: ENT: NONE
Bryan T. Bolwme. PLS '
Dale'. 05/01 %2006 Lic. No 4 2594 FILE NO. 6499.20 -03
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z 580 Dod Avenue that I am a dul Licensed Professional DRAWN BY: DCP - KoA � WETLAND IMPACT RE�ASION. L 12. BL
0 FOR Elk Rive" minme't, 55330 Engineer under State of Minnesota 3 CITY R FW 92
0 Statute. Sections 326 02-326 15 CHECKED BY RDA
L & K DEVELOPMENT LLC 763-441 -2072 FAX 763-441-6665
DWG: 8499-20-PGRD.QW
GRADING, DRAINAGE, & Officin, in Elk River, DI-7, Signature TEXT, NONE
EROSION CONTROL PLAN Brooklyn Center St. Cloud, Minnesota ROSS 0 A11E
Date: 5/02/06 No 16733 FILE NO- 8499020-03 ----A
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WHITE PINE WILDERNESS
ANDOVER, MN
FOR
L & K DEVELOPMENT LLC
TREE PROTECTION PLAN
John Oliver Associates, Inc.
580 Dodge AveulLe
Elk RWer. Minnesota 55330
763-441-2072 PAX 763-441-5665
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I hereby certify that th Plon� spec'(-
cation, or are by m
or under any direct a"
that I am a duly Licensed Professional
Slate o Minnesota
Engineer under Sttf Mit
Statutes Sections 326 02-326.15
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Signature .......
ROSS D ABEL, PE
Doi.: 06/12/06 Luc No, 16733
DATE 05/02/0
DESIGN BY: RD
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DRAWN By: DCP
CHECKED BY: RDA
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DWG: - 8499-2T-PIREEDING
TEXT NON
FILE NO 8499j2O�03
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DATE
DESCRIPTION
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Offices is Elk River. B,ar,,,ilI1.
Brooklyn C.t.r- & St C1.114 Minnesota