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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 25, 2006
Andover City Hall
Council Chambers
7.00 a.m.
1. Call to Order
2. Approval of Minutes —June 13, 2006 and July 11, 2006.
3. PUBLIC HEARING Conditional Use Permit Amendment (06 -04) to add
additional equipment in the water tower at 1717 Crosstown Boulevard NW for
Nextel / Sprint.
4. PUBLIC HEARING Residential Sketch Plan for a single family attached
urban residential development containing two twinhomes located at 1680
Andover Boulevard NW.
• 5. PUBLIC HEARING Conditional Use Permit (06 -05) for automobile sales
located at 16191 Round Lake Boulevard.
6. Other Business:
7. 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 and July 11, 2006
DATE: July 25, 2006
Request
The Planning and Zoning Commission is asked to approve the minutes from the
June 13, 2006 and July 11, 2006 meeting.
•
L N T v o r
•
DOVE A'-
PLANNINGAND ZONING CoAflaSSIONMEETING — JUNE 13, 2006
The Regular Bi- Monthly Meeting of the Andover Plan and Zoning Co 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 Chairperson Daninger, Commissioners Tim Kirchof�
Michael Casey, Valerie Holthus, and Michael King.
Commissioners absent: Commissioners Rex Greenwald and Devon Walton.
Also present: City Planner, Courtney Bednaiz
Associate Planner, Chris Vrchota
Others
APPROVAL OF MINUTES.
May 23, 2006
Motion by Kirchof� 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 DRIVE WA YSETRACK
REQUIREMENTS OF CITY CODE 12 -13 -9 TO ALL OWA SHAPED DRIVEWAY
FOR PROPERTYLOCATED AT 1947161 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 Kircho$ 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 BUNAER LAKE BOULEVARD ON
,SEVERAL PROPERTIES BETWEEN CROOKED LAKE BOULEVARD AND
GLADIOLA STREET NW.
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Mr. Bednarz explained the Planning Commission's 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 inf ll project.
Mr. Bednarz discussed the staff report with the Commission.
Chairperson Damnger 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 13 526 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 of the
lack of trail connections, the lack of advancement of any of the goals
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 She thought the staff
property and the developer has the right to develop the property. gh
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 1973. 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 b more cars coming and going in the area because of this. He stated the idea of
sp litt ing 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-
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Ms. Kim Jabloski, 2743 134' 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
I t 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 minimum 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, minimum 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. W 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 Da asked what the developer had to say about d rainag e 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.
Mr, G anz 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 taming 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 SKETCHPLAN FOR A SINGLE FAMILY
RURAL RESIDENTTAL 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 tune. 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 —.Tune 13, 2006
Page 8 .
Motion by Casey, seconded by Kirchofl 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, 17447 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 road 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, MFRA, 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.
OTSER B USEVESS
Mr. Bednarz updated the Commission on previously reviewed items.
Commissioner Kirchoff noted he picked up an architecture monthly magazine and the
Community Center was in it and 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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LNDOVE
PLANNING AND ZONING COMMISSION MEETING - JULY 11, 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 July 11, 2006, 7:00 p.m., at the Andover City
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Chairperson Daninger, Commissioners Tim Kirchof� Rex
Greenwald (arrived at 7:06 p.m.), Devon Walton (arrived at
7:02 p.m.) and Michael King.
Commissioners absent: Commissioners Michael Casey and Valerie Holthus
Also present: Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
DISCUSS MPCA LAND USE PLAN FOR WDE LANDFILL/PRESENTATION BY
MPCA STAFF
The Minnesota Pollution Control Agency (MPCA) has prepared a land use plan for the
closed landfill commonly referred to as the WDE site.
Commissioner Walton arrived at 7:02 p.m.
Chairperson Daninger wondered if this item was initiated by the City or by the MPCA.
Mr. Vrchota stated it was initiated by the MPCA. .
Ms. Jean Hanson, Project Manager for the Waste Disposal Engineering Landfill made a
presentation to the Commission. She stated this is a requirement by the Minnesota
Landfill Clean Up Act.
Commissioner Greenwald arrived at 7:06 p.m.
Commissioner Kirchoff thought it made a lot of sense to make this a new zoning
classification. He looked at figure five in the report which shows a parcel map and a
couple of lines in it and he wondered if he lived within the boundaries on the map, is
there need for concern. Ms. Hanson stated the waste is located within the WDE site
presently. The dotted areas are the two hundred foot boundary and a five hundred foot
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
Page 2 •
boundary zone they have identified around the landfill which they do not want
development to occur.
Commissioner Kirchoff stated it appeared they already have some development. Ms.
Hanson stated they do within the five hundred but not within the two hundred. She stated
in 1998 they installed the active gas system which is much more controlled remediation
for the gas itself.
Commissioner Kirchoff asked if it would be her recommendation that anything within
that five hundred foot boundary should not ever be developed. He stated in the report it
indicates any wells would be ok but they would not recommend any new wells being put
in. Ms. Hanson stated that was correct.
Ms. Hanson stated the zoning on this will be only for the landfill boundary that does not
include the two hundred or five hundred foot boundaries. These will not be included in
the request for restricting the closed landfill.
Mr. Peter Tiffany stated this site has a lot of history. One of the benefits of closed
landfill program was it got EPA out of the way. Part of the agreements that occurred
when EPA did have control of this site with the members of the RP Group did place
restrictions of these two hundred and five hundred foot boundaries and they are bound •
because of these agreements that occurred back in the 80's when US EPA was involved.
He stated the main concern is the two hundred foot boundary and that is more of a rule of
thumb than anything but is a good safety setback for gas.
Mr. Tiffany stated the five hundred foot boundary is more related to ground water issues
and within this property, there are very few people that have private wells.
Commissioner Greenwald wondered if there are any restrictions on power lines. Mr.
Tiffany did not think power lines would be a problem.
Commissioner King wondered how close the development at Andover Station North will
get to the landfill. Mr. Vrchota stated the ball fields start at the end of the two hundred
foot boundary and he did not think any of the townhome units are within the five hundred
foot boundary.
Commissioner King asked if the development is in the five hundred foot boundary will
they need to require monitors for the methane gas. Mr. Vrchota stated this development
has already been approved and the concerns would have been reviewed and addressed by
the MPCA.
Commissioner Walton wondered what they do in terms of notifying people who buy lots
in the developments that are in the five hundred foot boundary. What kind of
requirement will they have to notify people they are in the five hundred foot boundary. •
Ms. Hanson stated they did review the development and the development is well outside
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
• Page 3
the five hundred foot boundary. She stated they do not require it, part of the land use
plan development is local unit of government is required to notify local residents.
Commissioner Walton wondered if there was anything that would appear on title. He
stated on the east side, are there any sand points that would exist and do they monitor
sand points. Mr. Vrchota did not believe there was any permitting process for those so
they probably would not have any record of installation. He did not think they were
permitted. Ms. Hanson stated the MPCA does monitor any sand points around the
landfill and they have for years. She stated she was not aware of any sand points along
the east side but there are some along the north side, north of Coon Creek and also on the
west side. She thought there were eight to ten sand points that monitor at least once a
year.
Commissioner King stated there was some mention of seepage along the upper sand level
on the north end where Coon Creek runs through. He wondered if that was being
monitored. Ms. Hanson indicated it was being monitored and this past year they put in
an additional extraction well which is south of Coon Creek but in the area where the
breach has occurred and all new extraction wells have been installed.
Commissioner Kirchoff asked if the extraction wells are then put into the waste sewer.
• Where does the fluid go when it is extracted. Mr. Tiffany stated each extraction well is
monitored for water quality and if it meets the HRL (Health Risk Limit) set by the MN
State Department of Health, then the water is diverted into a seepage base and then seeps
back into the ground and more than likely ends up in Coon Creek. If the water quality of
the extraction well is out of compliance with the HRL's, it then goes to a lined treatment
basin on site where the VOC's will evaporate and the rest of the water is discharged into
the sanitary sewer that is in Crosstown Boulevard.
The Commission indicated they were fine with the presentation and what was discussed.
APPROVAL OFAITWIES.
June 13, 2006
There was not a quorum available to approve the minutes because some of the
Commissioners at the meeting could not vote on them.
PUBLICHEAR£NG: PRELIMINARYPLAT OFANDOVER MARKETPLACE
EAST 2' ADDITION TO CREATE TWO COMMERCIAL PROPERTIES FROM
OUTLOT C OFANDOVER K4RKF TPLACE EAST LOCATED AT THE
NORTHEAST CORNER OF STATION PARKWAYAND QUINN STREET NW.
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
Page 4
Mr. Vrchota noted 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.
Mr. Vrchota added two conditions to the resolution. The first one was "The Preliminary
Plat shall address a ll comments from the Engineering Department and Community
Development Department before grading may commence." He noted staff wanted to
expand upon condition five "modifications to the Association documents as needed shall
be reviewed and approved by the City Attorney."
Commissioner Greenwald stated there is obviously some kind of an agreement in the
owner's association agreement with other businesses in that area. Mr. Vrchota stated
there is an owners association for all of Andover Station.
Commissioner Greenwald asked if the other agreements indicated review and approval
by the City Attorney or were they going above and beyond what was required for the
existing people. Chair Da thought that was because of the sewer.
•
Commissioner Greenwald asked if they should add that this was specifically related to
sewer. Chair Daninger thought it was specific to this resolution. W. Vrchota indicated
the resolution only affected this plat and would only affect this property. •
Mr. Vrchota noted the association documents will have to stipulate that the developer is
responsible for moving the sewer line and maintaining it because it is a private sewer
line.
Commissioner Greenwald wondered if there was something unique in this development
agreement that is different than the other development agreements they have done in the
Station. Mr. Vrchota stated there was not
Commissioner Kirchoff asked how the size of the new building compares to the size of
the existing building.
Commissioner Walton asked on the south west comer and egress out of that comer, do
they know if this is big enough for larger delivery and maintenance vehicles. Mr.
Vrchota stated this would have been reviewed by the Engineering Department and met
City standards.
Chair Daninger stated on the southeast comer it is full access. Mr. Vrchota indicated that
was correct.
Motion by Walton, seconded by Kirchoff, to open the public hearing at 7:45 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote. •
No one wished to address the Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
Page 5
Motion by Kirchoff, seconded by Walton, to close the public hearing at 7:45 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Mr. Joe Samuel, RLK, stated the existing store is 7,000 square feet and the proposed
store is 9,100 square feet of liquor with 1,800 square feet of future use. In regards to
access, the access in the southwest comer of the site has been designed as a right out
only. They are comfortable with the accesses.
Chairperson Daninger asked if the reason for the larger store is because of increased
business or is this going to become a distribution site for the other store. Mr. Bruce
Nolan, Northgate Liquors, stated it is to carry more product because it is what the
consumer today requires.
Commissioner Walton asked how it compares to other liquor store sizes in the City. Mr.
Nolan stated he was not sure how large they were but he thought they would be in the
middle for size.
Motion by Greenwald, seconded by Walton, to recommend to the City Council approval
of the proposed plat subject to the conditions listed in the attached resolution including
• the changes in the staff report.
Chairperson Daninger asked if the applicant was aware of the added conditions. Mr.
Bruce Carlson, United Properties indicated they will be taken care o£
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Mr. Vrchota stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
PUBLIC SEARING: CONDITIONAL USE PERMIT (06 -03) TO ALLOW OFF
SALE LIQUOR SALES ON PR OPER TY L OCA TED AT THE NORTHEAST
CORNER OFSTATIONPARKWAYAND QUINNSTREETNW.
Mr. Vrchota explained 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.
Mr. Vrchota discussed the staff report with the Commission.
Motion by Walton, seconded by Kirchoff, to open the public hearing at 7:55 p.m.
• Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
Page 6
Mr. Bruce Carlson, Vice President of Retail Development with United Properties, stated
they were currently the owners of Andover Station, Festival anchored shopping center
with side shops including the out building currently occupied with Northgate Liquor. He
stated that as part of the purchase agreement, they have agreed to an exclusivity deal with
Mr. Knowlan: so long as he owns and operates under that liquor license on the property
they are anticipating selling to him, they have agreed not to enter into a lease with
another liquor store. This would be filed with the County as part of the Title Declarations
and Restrictions on that.
Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:58 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Motion by Greenwald, seconded by Walton, to recommend approval of the proposed
conditional use permit. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus)
vote.
Mr. Vrchota stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
•
PUBLIC FIFA RTV G. REZONING (06 -03) TO REZONE PROPERTY FROM R -1, •
SINGLE FAMILYRURAL RESIDENTIAL TO R-4, SINGLE FAMILY URBAN
RESIDENTIAL FOR PROPERTY LOCATED AT 1177 MI AVENUE NW.
Mr. Vrchota stated 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.
Mr. Vrchota discussed the staff report with the Commission.
Commissioner Greenwald asked on the location map if the dotted line was the MUSA
location. Mr. Vrchota indicated that was correct.
Commissioner Kirchoff asked where they were at on the collector street. Mr. Vrchota
stated he believed the ordinance update was going to be dealt with along with the
transportation plan update.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 8:01 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
There was no public input.
Motion by Walton, seconded by Kirchoff, to close the public hearing at 8:02 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote. •
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
• Page 7
Commissioner Walton asked if the existing home will be connected to the residential City
sewer and water that is coming to the other two properties. Mr. Vrchota stated in order
for this property to be rezoned, it would need to hook up to City sewer and water because
it would no longer meet the rural lot size standard.
Commissioner Walton wondered if the current homeowner will continue to live there.
Mr. Bob Klink, Herman's Homes, stated the home is up for sale and the owner will not
be staying.
Motion by Greenwald, seconded by Walton, to recommend approval of the rezoning
request based on the fact that times and conditions have changed. Motion carried on a 5-
ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Mr. Vrchota stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
PUBLIC M RIN G. PRELIAMVARYPLAT OF COUNTRY OAKS SOUTH, A
SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT CONTAINING 3
LOTS LOCATED AT 1177161 AVENUE NW.
• Mr. Vrchota explained 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.
Mr. Vrchota discussed the staff report with the Commission.
Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 8:01 p.m.
Motion carried on a 5 -ayes, 2- absent (Casey, Holthus) vote.
There was no public input.
Motion by Walton, seconded by Kirchoff, to close the public hearing at 8:02 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Motion by Greenwald, seconded by Walton, to recommend approval of the Preliminary
Plat for Country Oaks South. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey,
Holthus) vote.
Mr. Vrchota stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
Page 8
PUBLIC HEARING: REZONING (06-04) TO REZONE PROPERTY FROM R -1,
SINGLE FAMILYRURAL RESIDENTIAL TO R-4, SINGLE FAMILY URBAN
RESIDENTIAL FOR PROPERTYLOCATED AT 1341 AND 1433161 AVENUE
NW
Mr. Cross explained 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 R4 to accommodate a new
subdivision.
Mr. Cross discussed the staff report with the Commission.
Commissioner Kirchoff asked regarding lot 16 and 17, they are proposing a temporary
cul-de -sac and with a temporary cul -de -sac, neither 15 nor 16 would have the necessary
frontage. Mr. Cross stated that may not be entirely correct. Lots 15 and 16 on the cul -de-
sac would have the required frontage. He showed on the map the frontage area
Commissioner Greenwald wondered if this is four lots or two lots. Mr. Cross stated there
are a number of lots being assembled for this project.
•
Commissioner Greenwald wondered if they could get some kind of an agreement with is
Steven and Cheryl Ohnsheid.
Commissioner King stated there was mention of the right turn lane going east and west
and he wondered if there would be some type of divider that would not allow a left turn
lane. Mr. Cross stated without more feedback he was unable to answer specific questions
about the intersection in the proposal. He stated the engineers are going to work this out
with the applicant and the County.
The Commission discussed with staff the intersection being proposed for the plat along
with traffic issues.
Mr. Cross stated the resolution does include a condition that requires the developer to
make all improvements as recommended by both the City Engineer staff and the experts
at the Anoka County Highway Department.
Motion by Kirchoff, seconded by Walton, to open the public hearing at 8:22 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
There was no public input.
Motion by Walton, seconded by King, to close the public hearing at 8:22 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote. 0
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
• Page 9
Motion by Greenwald, seconded by Walton, to recommend approval of the rezoning
request based on the fact that times and conditions have changed.
Commissioner Walton noted on the map on the back page of the staff report, it is noted as
"Woodland Oaks" and should be "White Pine Wilderness ".
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Mr. Cross stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
PUBLIC REARING. PRELIMINARYPLAT OF WHITE PINE WILDERNESS, A
SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED AT 1341
AND 1433 161' AVENUE NW.
Mr. Cross stated 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.
• Mr. Cross discussed the staff report with the Commission.
Motion by Kirchoff, seconded by Walton, to open the public hearing at 8:22 p.m.
Motion carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
There was no public input.
Motion by Walton, seconded by King, to close the public hearing at 8:22 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Chairperson Daninger stated there were a couple of issues related to this item. They
needed to make sure they were comfortable with the length of the cul -de -sac and the
feeder street. He wanted to make sure what the Commission's feelings were on lots 15
and 16 and also the FEMA and the intersection.
Commissioner Greenwald wondered what the potential going north was for Avocet
Chairperson Daninger indicated that was also a concern of his because they usually have
a ghost plat and he did not see one going to the north or to the west
Mr. Cross stated the sketch plan included some ghost plating. He showed the sketch plan
and explained the ghost plat.
. Commissioner Greenwald stated on lots 16 and 17, he would like to make it one lot for
now and when it goes through to go to two lots when there is actual road there to work
with. This would leave a typical cul-de -sac condition there.
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
Page 10
Commissioner Walton wondered if there was an advantage to having a cul -de -sac there
instead of dead ending it especially if they make 16 and 17 one lot. Commissioner
Greenwald thought he was right because a cul-de -sac looks more permanent.
Commissioner Greenwald stated either way he would like to see this as one lot instead of
two.
Chairperson Daninger wondered why there should be a cul -de -sac and not just a street to
the property line. Mr. Cross showed on the map the area in question and stated the City
Code has a requirement that dead ends longer than 210 feet from the nearest intersection
requires a temporary cul -de -sac.
Chairperson Daninger stated the question is if this should be one or two lots because
there will be a temporary cul -de -sac either way.
r�
LJ
Mr. Larry Emmerich, 1341 161 ", stated one of the things not noticed in here is that this is
a two phased project They are developing fifteen lots, fourteen buildable in the first
phase and putting in the intersection with timing and all of the issues with that One of
the concerns with combining the lots is this will financially hurt him and he will not be
able to sell lot sixteen if combined. He would have to hold onto an acre lot that has a lot •
of value to pay for the cost of this. He stated it can be deeded as non - buildable and
whether he gets a variance now or later is not an issue. The issue is that by comb'ning
them he cannot sell them until the road is eventually finished and that will hurt him going
into phase 2.
Chairperson Daninger asked other than cost, what is the reason for a variance. Mr.
Emmerich stated his other issue would be if he came in a year or two from now when the
Olmsheid's developed, he would still ask for the same variance because they are doing
the same thing now that they would be doing then.
Commissioner Walton wondered why they would have to grant a variance at that time
because then the lot will have full street frontage and the Olmsheid's Development would
be required to allow that frontage to exist. Mr. Emerich stated they will need the variance
because they are platting them together as one lot and they will need a variance to split
the lot
Commissioner Walton asked if 16 and 17 were combined, what was the reasoning they
could not sell them together as an acreage wooded lot in Andover. Mr. Emerich stated
that would be a monetary issue.
Mr. Cross stated if lots 16 and 17 were combined now and split later there would not be a
variance needed then, only a lot split. 0
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
• Page 11
Commissioner Kirchoff stated if they are looking at a variance and looking at creating
two lots out of this, the one lot is not useable and cannot be built on or issued a building
permit until the road goes through, so it is almost like a quasi outlot at this time. He
stated it is a permanent outlot until the road goes through and he did not see a problem
with this.
Chairperson Da stated he was trying to look at the reason for a variance besides
monetary.
Commissioner Walton asked what happens if they do not grant the variance. Chairperson
Daninger stated if they did not grant the variance, lots 16 and 17 will remain one lot and
according Mr. Emerich, he will not be able to sell lot 16 because it is part of the other lot
he cannot split. He thought this could be sold as one lot and split it later. The
Commission agreed.
Mr. Emmerich stated if he sold lot 16 and 17 as one lot he would practically be giving it
away.
Mr. Ross Able, the applicants' consultant, indicated he was at the meeting to answer
questions.
• The Commission discussed the issue with the FEMA flood plain.
Chairperson Daninger asked if everyone was comfortable with the length of the cul -de-
sac. Commissioner Greenwald stated he would be ok with that because there really is
two access points and he did not think that was an issue.
Commissioner Daninger asked if the Commission was comfortable with the collector
street. The Commission indicated they were fine with it
Commissioner Walton stated he did not see anything in the plat regarding bike trails or
sidewalks. Mr. Able stated there is a bike trail proposed from Hanson Boulevard. He
showed on the map where the trail will be.
Chairperson Daninger stated trees are valuable and he asked if the applicant was
comfortable with marking the trees to save and to save as many trees as possible. Mr.
Able stated they have made a valiant effort to save as many trees as possible. He showed
on the plat the different groups of trees they will be trying to save.
Chairperson Daninger stated he was always conservative in the variances. Other than
monetary, he would like to see the lots remain as one. He could be easily persuaded but
he is going to go the conservative route because he cannot quite see other than monetary.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —July 11, 2006
Page 12 •
Commissioner Walton stated he would like to see one lot. He thought there might be
some value to that lot in its size, in its entirety as one lot. Esthetically splitting it does not
appeal to him at all.
Commissioner Kirchoff stated it is more of a temporary one and he did not see an impact
either way and nothing will be built on that lot until a road goes through. He stated he
was comfortable with this because it was a temporary variance and not a permanent one.
He stated he would like to see lot 16 developed so there would not be a bigger pile of
weeds next to the cul-de -sac.
Commissioner Greenwald stated there are a couple of other conditions to a variance
besides a hardship. He was agreeing with Commissioner Kirchoff in that there is some
practicality here. If they do the variance for two, it will be roughed in for two. He asked
if this was in the MUSA boundary. It was indicated it was. He stated this would be a
reason to do the variance now so they are prepared because they know it will be done
eventually.
Chairperson Daninger asked if they make it one lot, will 17 not be stubbed for sewer.
The applicant indicated it would not
Commissioner Greenwald stated because of other conditions involved besides a hardship,
he thought they should grant the variance to split it now but make sure the applicant •
knows they cannot develop lot 17 right now.
Commissioner Kirchoff asked if they could create a lot that did not have access. Mr.
Cross stated that lot would not meet their buildability requirements and would not be a
buildable lot.
Commissioner Kirchoff asked if they could split off a lot that did not have road access.
Mr. Cross stated the lot could be platted with the variance, but it could not be built on.
Commissioner Walton wondered how they would stub the lot if they didn't have access
to the front of the lot. Mr. Cross stated that without the variance, they cannot create a lot
that is not buildable. Lots do need to meet buildability requirements.
Commissioner King stated a couple of weeks ago they agreed to a trail/road combination
for a number of homes that it was a twenty foot wide variance and that did not meet
minim requirements of road frontage either. Commissioner Greenwald stated that was
a PUD and they are allowed more flexibility.
Commissioner King asked if a small private road could be made for lot 17 to exist. He
stated he was fine with granting the variance.
Chairperson Daninger wondered how the Commission felt regarding the intersection. •
Regular Andover Planning and Zoning Commission Meeting
Minutes — July 11, 2006
• Page 13
Commissioner Greenwald did not think it was pertinent to the discussion of the approval
of the Preliminary Plat but he thought they needed to rely on the expertise of the
Highway Department and transportation department and only concern themselves with
the zoning part right now.
Commissioner Walton stated this road is destined to become a major highway and it will
get bigger.
The Commission was comfortable with the way the Resolution was written in Item 8.
Motion by Kirchoff, seconded by Greenwald, to recommend approval of the Preliminary
Plat for White Pine Wilderness as presented. Motion carried on a 3 -ayes, 2 -nays
(Walton, Daninger), 2- absent (Casey, Holthus) vote.
Mr. Cross stated that this item would be before the Council at the July 18, 2006 City
Council meeting.
OTHER BUSINESS.
• Mr. Vrchota updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Greenwald, seconded by Walton, to adjourn the meeting at 4:06 p.m. Motion
carried on a 5 -ayes, 0 -nays, 2- absent (Casey, Holthus) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
0
3
C 1 T Y D F
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 AP
SUBJECT: PUBLIC HEARING Conditional Use Permit Amendment (06 -04) to add
additional equipment in the water tower at 1717 Crosstown Boulevard NW for
Nextel / Sprint.
DATE: July 25, 2006
INTRODUCTION
The Planning Commission is asked to review Nextel / Sprint's request for the placement of
additional wireless communication equipment in the water tower by City Hall. Nextel has had
equipment on our water tower since 1996. Since then there have been two changes in equipment
and one formal lease amendment in 1997 which placed nine antennas on the tower instead of the
0 original three. Nextel has now applied to increase both their amount of storage space in the base
of the water tower, as well as the number of antennas on the railing on top of the water tower.
DISCUSSION
Current Conditions: Nextel / Sprint currently has nine antennas on our water tower. In the base
of the tower they have 141 square feet of leased space. Their equipment occupies slightly more
space than that, but the cabinets were placed on an elevated platform, which allowed Public
Works to utilize the space underneath the cabinets for storage (see attachments).
The current lease price for 2006 is $17,933.73. The original rent in 1996 was $12,600 with an
annual increase of "the greater of 4% or the CPI (Consumer Price Index)."
Proposed Conditions: Nextel is proposing three additional antennas on the top of the water
tower and the use of the empty space beneath their existing equipment. These additions will
bring the total number of Nextel antennas on the tower to 12 and consume an additional 140
square feet of floor storage space in the base of the water tower.
The applicant has submitted a structural analysis to verify that the railing on the water tower can
safely accommodate the three additional antennas. The analysis was reviewed by a structural
engineer at TKDA, the engineering firm with whom the City contracts, and showed that the
tower can handle the new additions safely.
The lease agreement with Nextel / Sprint will be revised with an amendment to reflect the new
equipment. The rent will increase by $4,000 to pay for the additional antennas and storage space.
The Public Works Department manages the water tower and has given this proposal a thorough
review. They support the approval of Nextel's proposed additions.
Staff Recommendation
Staff recommends a favorable recommendation for this Conditional Use Permit Amendment.
ACTION REQUESTED
The Planning Commission is asked to recommend approval of this Conditional Use Permit
Amendment request.
Respectfully submitted,
' � 7
Andy Cross
Cc: Steve Trueman, American Tower Corp., 11225 90` Avenue North, Maple Grove, MN
55369
Attachments
Resolution Photograph of existing
Location Map equipment in tower base
Plans for New Equipment
0
—2--
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT REQUEST OF NEXTEL
COMMUNICATIONS TO PERMIT THE INSTALLATION OF TELECOMMUNICATION
EQUIPMENT PURSUANT TO TITLE 9 -12 ON TOP AND IN THE BASE OF THE
EXISTING WATER TOWER LOCATED AT 1717 CROSSTOWN BOULVARD NW.
WHEREAS, Nextel / Sprint currently leases space for nine antennas on the top of the water
tower at 1717 Crosstown Boulevard NW and 141 square feet of space on an elevated platform in
the base of the water tower; and
WHEREAS, Nextel / Sprint has requested permission to install three additional antennas on the
top of the water tower at 1717 Crosstown Boulevard NW; and
WHEREAS, Nextel / Sprint has requested permission to use 141 additional feet of storage space
underneath the elevated platform in the base of the water tower at 1717 Crosstown Boulevard
NW; and
WHEREAS, the Public Works and Engineering Departments have reviewed the proposed
additions; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of Andover;
and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Conditional Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit on said property.
Adopted by the City Council of the City of Andover on this _day of , 2006.
CITY OF ANDOVER
ATTEST:
Mike 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
CC: Courtney Bednarz, City Planner
FROM: Chris Vrchota, Associate Planner
SUBJECT: PUBLIC HEARING Residential Sketch Plan for a single family attached
urban residential development containing two twinhomes located at 1680
Andover Boulevard NW.
DATE: July 25, 2006
INTRODUCTION
The Planning Commission is asked to review a sketch plan containing two twin -home buildings on
approximately .624 acres. The property is located on the west side of the intersection of
Hummingbird Street and Andover Boulevard, at the north end of Nature's Run. The developer is
trying to get feedback on whether or not twin -homes will be permitted on the site before moving
forward with the cost and effort of preparing a more detailed plat submittal.
DISCUSSION
• Conformance with Local Plans
In order for twin -homes to be placed on the property, a comprehensive plan amendment changing the
land use designation from Urban Residential Low Density (URL) to Urban Residential Medium
Density (URM) would be required. In addition to the Comprehensive Plan amendment, the property
would need to be rezoned from R -3: Single Family Suburban Residential to M -1: Multiple Dwelling
Medium Density. Finally, this project would have to be done as a Planned Unit Development
(P.U.D.), in conformance with the Zoning Code.
Access
As proposed, all 4 units would have separate driveways onto Hummingbird Street. The driveway for
the northern-most unit does not meet the required 60 -foot setback from the intersection. If zero
setback driveways were to be used on this project, as was done in Nature's Run, a typical 22 -foot
driveway would require an 18 '/2 foot variance to the 60 -foot setback for this lot.
Wetlands
The plan presented to the City does not show any wetland areas on the property. If more detailed
examination of the property reveals the presence of wetlands, they will need to be delineated for the
preliminary plat and all City requirements will need to be met.
Lots
As previously mentioned, the proposed project would have to be done as a P.U.D. The table below
illustrates the standards being proposed for this project, compared to those used at Nature's Run and
the City Code requirements.
E
It is up to the developer to demonstrate what benefits will be provided to the City to warrant approval
of a P.U.D.
0
Utilities
Four sewer and water stubs were provided to the property when Nature's Run was developed,
anticipating that this type of development may occur on the property. These stubs were paid for by
the developer of Nature's Run, not the property owner or the developer for this project. The presence
of these services does not grant or guarantee approval for this type of development to occur.
Easements
Ten -foot wide drainage and utility easements will be required along the front and rear lot lines. Five -
foot wide drainage and utility easements will be required along the side lot lines.
Park Dedication
The Park Commission will review the sketch plan at their August 3'" meeting.
Coordination with other Agencies •
The developers and/or owners are responsible for obtaining all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District,
Anoka County Highway Department, 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
Attachments
Location Map
Sketch Plan
Building Elevations/Floor Plans
Letter from Neighboring Resident
ACTION REQUESTED
The Planning Commission is asked to review the sketch plan and to suggest any modifications it
feels are necessary.
Res �tted,
•
Res
Cc: Sue Juneau, 2818 134"' Avenue NE, Ham Lake, MN 55304
12
Berkshire Sketch
Nature's Run
M -1 Standards
Lot Width
39.73 ft. -63.51 ft.
43.67 ft. (avera
150 ft.
Lot Depth
132.00 ft.
74.33 ft. averse
150 ft.
Lot Area
5,244 s.f. -8,383 s.f.
3,246 s.f. averse
6,000 s.f.
Front Yard Setback
30 ft.
20 ft.
30 ft.
Side Yard Setback
6.72 ft. /10ft. /30ft.
5 ft.
20 ft.
Distance Between Units
13.44 feet
20 ft.
N/A
Rear Yard Setback
30 ft.
30 ft.
30 ft.
Unit Size
2,189 s.f.
1,228 s.f- 1,994 s.f.
960 s.f.
It is up to the developer to demonstrate what benefits will be provided to the City to warrant approval
of a P.U.D.
0
Utilities
Four sewer and water stubs were provided to the property when Nature's Run was developed,
anticipating that this type of development may occur on the property. These stubs were paid for by
the developer of Nature's Run, not the property owner or the developer for this project. The presence
of these services does not grant or guarantee approval for this type of development to occur.
Easements
Ten -foot wide drainage and utility easements will be required along the front and rear lot lines. Five -
foot wide drainage and utility easements will be required along the side lot lines.
Park Dedication
The Park Commission will review the sketch plan at their August 3'" meeting.
Coordination with other Agencies •
The developers and/or owners are responsible for obtaining all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District,
Anoka County Highway Department, 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
Attachments
Location Map
Sketch Plan
Building Elevations/Floor Plans
Letter from Neighboring Resident
ACTION REQUESTED
The Planning Commission is asked to review the sketch plan and to suggest any modifications it
feels are necessary.
Res �tted,
•
Res
Cc: Sue Juneau, 2818 134"' Avenue NE, Ham Lake, MN 55304
12
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JUL 2 0 2006
July 18, 2006
CITY OF ANDOVER
Planning Commission
City of Andover, MN
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Reclassification of property located at 1680 Andover Blvd. NW
Mr. Chair, Commission Members,
Due to previously planned events, we are unable to attend the meeting on July 25, 2006.
As the only immediate neighbor to the aforementioned property, we want to express our
opposition to any reclassification of the property.
This property is zoned low density single family suburban and should remain this way to
be consistent with the rest of Andover Blvd. to our west. The properties directly to the
north are zoned single family. This lot is not large enough to allow for anything more
than one single family home. The sketch plan shows two twin -homes on approximately
0.6 acre. This constitutes a density of about eight dwellings per acre. This is extremely •
high density by any standards. The decks for the twin -homes will face my driveway and
front entry.
We are not opposed to someone building according to the zoning in place for this
property as it stands now. We feel the city should not be considering any PUD's or
medium to high density housing on property as small as this.
A survey of the property lines should be done before any action by the commission as the
property lines are in dispute. No action should happen until this is resolved. Please inform
us as to when the survey is to take place. If we feel that there are discrepancies in the
survey we should be allowed sufficient time to oppose the staking before any action on
the part of the city. This proposal should be tabled until this is clear.
Thomas and Connie Enzmann
1718 Andover Blvd. NW
Andover, MN 55304
5
A C T Y O F
• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (7'63) 755 -8923 • WWW. CLAN DOVER. MN. US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Plann#
SUBJECT: PUBLIC HEARING Conditional Use Permit (06 -05) for automobile sales
located at 16191 Round Lake Boulevard.
DATE: July 25, 2006
INTRODUCTION
This is the first application under the recently established ordinance for vehicle sales. A
conditional use permit and automobile sales business license are needed for this activity to occur.
DISCUSSION
Project Summary
The site is currently operated as an automobile repair facility. The addition of automobile sales
to the site would entail use of the parking area for display of vehicles and a sales office within
the existing building. The applicant proposes to construct curb and gutter and expand the
parking area as shown on the attached plans. The increased impervious surface requires the
additional drainage areas shown on both sides of the entrance to the site. No changes to the
• existing building other than the incidental moving of office equipment have been discussed.
Two letters from the applicant are attached.
Comparison to City Code
fl.k' /x...10 17. 110 r) QI+ o> t Pnrlri PPn111rPm P.ntQ
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City Code
Require
Proposal
ment
Vehicle
Employee Parking:
3 stalls
32 striped stalls shown on plan.
Sales
3 stalls plus 1 per 400 sf beyond
Employee parking needs to be designated
the first 1,000 gross floor area
on the site plan .
Customer Parking:
5 stalls
32 striped stalls shown on plan. Customer
5 stalls plus five stalls per acre
parking needs to be designated on the site
above the first acre
plan
Vehicle Display Parking:
TBD
All stalls are required to meet the
construction and dimensional standards of
City Code. The actual number will be the
remainder of stalls on the site once
required parking for other uses has been
deducted. Thjs area also needs to be
designated on the site plan.
Auto
8 spaces plus 1 space per 800 sf
12 stalls
32 stalls shown on plan. Auto repair
Repair
beyond the first 1,000 sf
parking needs to be designated on the site
p lan
TOTAL
20 plus vehicle display parkin
The applicant is requesting variances to reduce the side and rear yard setback requirements from
10 feet to 6 feet. The applicant is also requesting a variance to reduce parking stall width from
10 feet to nine feet. Staff is opposed to the variances as no justification is provided and the •.
parking area can be designed to meet the requirements. Staff would encourage redesign of the
parking area as plenty of room exists and areas can be designated to meet the requirements listed
above when this is done.
City Code 12 -13 -6 Lan i n g Requirement
City Code 12 -13 -6
Measurement
Ratio
Required
Trees
Required
Shrubs
Area Site Perimeter
790 feet
1 tree/50 feet
1 shrub /20 feet
16
40
Building Perimeter
308 feet
1 shrub /10 feet
NA
31
Total Required Plant Material
16
71
Total Proposed Plant Material
0
0
Staff recommends that the city work with the applicant to arrive at a reasonable compromise on a
landscaping plan for the site.
City Code 12 -13 -5 Screening Requirements
Parking areas are required to be screened from public right -of -way to a minim height of three
feet. This will apply to the east edge of the parking area adjacent to Round Lake Boulevard.
Staff recommends that a portion of the required shrubs be provided in this area of the site to help
meet both of the requirements. .
Ordinance 324
In addition to the items listed above the recently adopted Ordinance 324 provides specific
regulations for vehicle sales businesses. This ordinance is attached for review. The following
items should be noted:
1. The city has the ability to attach reasonable conditions to mitigate foreseeable adverse
impacts.
2. The Council will need to approve a business license in addition to the conditional use
permit for this use.
3. The estimated value of improvements to the property (as determined by Anoka County)
is required to exceed the value of the property. The proposed site of the proposed used
car sales operation near the Hugh's Industrial Park currently has a land value of $63,000
and improvements valued at $87,100 (or 1.38 times the land value).
ACTION REQUESTED
The Planning Commission is asked to compare the information provided by the applicant to the
City Code and to make a recommendation to the City Council.
Attachments
Resolution
Ordinance 324
Plan Set •
;Cc:J fr lie
tted
,
B Brabant 16191 Round Lake Boulevard NW
CITY OF ANDOVER
• COUNTY OF ANOKA
STATE OF MINNESOTA
C E'•
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE
SALES ON PROPERTY LOCATED AT 16191 ROUND LAKE BOULEVARD LEGALLY
DESCRIBED AS LOT 1, BLOCK 1 WESTVIEW INDUSTRIAL PARK, ANOKA COUNTY
MINNESOTA
WHEREAS, Joe Brabant has requested approval of a conditional use permit for used vehicle
sales on the subject property, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request can be revised to meet the criteria of the 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, 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 used
vehicle sales on the subject property subject to the following:
1. The applicant shall be required to obtain approval of a vehicle sales business license from
the City Council.
2. The applicant shall complete the Commercial Site Plan process with the City of Andover,
including redesign of the site to conform with all applicable sections of the City Code.
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
•
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 324
AN ORDINANCE AMENDING CITY CODE TO ADD NEW AND USED VEHICLE SALES
AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT AND ESTABLISH
LICENSING REQUIREMENTS, PERFORMANCE STANDARDS AND FEES
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12: ZONING REGULATIONS
CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED
Permitted, Permitted Accessory,
Conditional, and Prohibited Uses
Zoning Districts
R -1
R -2
R -3
R-4
I R -5
M -1
I M -2
I GR
LB
NB
SC
GB
I
New Vehicle Sales
P
C
Used Vehicle Sales
C
Ic
CHAPTER 13: PERFORMANCE STANDARDS
SECTION 12 -13 -9: Off Street Parking Requirements:
H. Number Of Spaces Required: The following minim number of off street parking stalls
shall be provided and maintained by ownership for the respective uses hereinafter set forth:
New and Used Vehicle Sales Employee Parking: 3 stalls plus 1 stall per 400 square feet
of gross floor area (GFA) beyond the first 1,000 GFA
Customer Parking: 5 stalls plus 5 stalls per acre above the
first acre.
CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS
CHAPTER 8: VEHICLE SALES BUSINESS
3 -8 -1: Purpose and Intent
3 -8 -2: Definitions
3 -8 -3: License Required
3 -8-4: Application for License
3 -8 -5: Review of Application; Issuance or Denial
3 -8 -6: License Fees and Term; Renewals
3 -8 -7: Conditions of License
3 -8 -8: Standards
3 -8 -9: Violation Provisions
3 -8 -10: Revocation of License
•
3 -8 -1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate vehicle sales to
establish reasonable and uniform regulations to prevent adverse impacts on the health, safety,
morals and general welfare of the citizens of the city.
• 3 -8 -2: DEFINITIONS:
A. Gross Vehicle Weight Rating: The total weight of a fully equipped vehicle and payload
including the amount of weight that can be carried and towed.
B. Vehicle Sales: the sale of cars and trucks as limited by the City Code, excluding
recreational vehicles.
3 -8 -3: LICENSE REQUIRED: No person shall engage in the business of selling, trading or
advertising the sale of new or used vehicles within the city without first obtaining a license as
provided in this Chapter. For the purposes of this chapter, anyone who, as a part of their
livelihood, engages in the regular sale, trade or exchange of vehicles shall be deemed to be doing
business as a new or used vehicle dealer.
3 -8-4: APPLICATION FOR LICENSE:
A. Information Required: Any person, partnership or corporation desiring to secure a
license shall make application to the City Clerk including the following:
1. Completed city application form
2. Fee as established by City Code.
. 3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist
3 -8 -5: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Clerk shall submit
the application to the City Council for its consideration. The Council, by motion, may grant or
refuse to grant the license after consideration of the application.
3 -8 -6: LICENSE FEES AND TERM; RENEWALS: The fee for every such license shall be
established by resolution of the City Council. Every such license shall expire on December 31
next after it is issued.
3 -8 -7: CONDITIONS OF LICENSE:
A. Transferability: The license shall not be transferable from one person to another, and a
new license must be applied for each time a place of business is changed.
B. Posting: Every such license shall be kept conspicuously posted in the place for which the
license is issued and shall be exhibited to any person upon request.
C. Inventory: Vehicles allowed to be sold or stored on site shall be limited to a vehicles that
are eligible to be issued a title up to a gross vehicle weight rating of 12,500 pounds.
• D. Restrictions and Conditions: The Council may impose any conditions or restrictions it
deems necessary or advisable in the public interest, including but not limited to the hours
of operation, building materials, fencing, landscaping, screening, lighting and signage.
E. Review: The Council may review the license at any time for the purpose of adding
additional conditions to mitigate adverse impacts on the health, safety, morals and •
general welfare of the citizens of the city.
3 =8 -8: STANDARDS: The following standards are established for all businesses engaged in the
selling, trading or advertising the sale of new or used vehicles within the city:
A. Parking areas shall conform to the requirements of City Code 12 -13 -9. The Site Plan shall
clearly identify parking for customers and parking for display of vehicles for sale. Parking
shall be prohibited in drive lanes, on landscaped areas and any place other than approved on
the site plan.
B. All businesses engaged in the sales, trade or advertising the sale of new or used vehicles
within the City limits shall conduct these activities only on properties for which they have
been granted a license under this chapter. This provision shall not apply to promotional
events and activities conducted outside the city limits.
C. Vehicles that are visibly damaged shall not be visible from public streets and shall not be
stored outdoors for more than 48 hours.
D. Outdoor storage of vehicle parts or other materials, including but not limited to tires, scrap
metal, glass, pallets and refuse shall be prohibited.
E. Sales of used vehicle parts shall be prohibited.
F. The dismantling or reduction of vehicles shall be prohibited. •
G. Signage shall conform to City Code 12 -13 -8 and shall be further restricted as follows:
1. All signs posted on vehicles shall be inside the vehicle.
2. No sign posted on vehicles shall contain text font or other information that is
larger than three inches in height.
H. The estimated value of improvements to the licensed property shall exceed the estimated land
value of the licensed property as estimated by Anoka County.
3 -8 -9: VIOLATION PROVISIONS: Any person who shall violate any portion of this chapter
shall be guilty of a misdemeanor.
3 -8 -10: REVOCATION OF LICENSE: Every such license may be revoked by the Council after
the license has been given reasonable notice and an opportunity to be heard for the violation of
any provision of this chapter or for the violation of any conditions or restrictions in the motion
granting the license or any motion thereafter passed by the Council.
•
•
•
•
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20 1
9. OWNER / APPLICANT: JOE BRABANT LEGEND
1619 1 ROUJC LAKE BLVD
ANDOVER, MH 55304
612- 718 -3112 (CELL) W - ' - '" Existing Gonlwrs
—898� Proposed contours
10 ENGINEER / SUP,VEYOR
JOHN OLIVER & ASSOCIATES. INC x 900.1) Existing Spot Elevations
580 DODGE AVENUE
ELK RIVER MN 55330 X 75.5 Proposed Spot Elevation
763 -441 -2072 763 -441 -5665 FAX
0 20 40 60
- - - - -- Silt fence
I. EXISTING ZONING - INDUSTRIAL
• • — • • — Limits
SCALE IN FEET
I? SITE AREA = 38.950 SF (19D' % 205') Retaining Wall
Retai
EX15TING BUILDING 4.546 S.F. (11.75) 4 _ 2 ' Droinoge Slop-
NOTES
1, ALL SPOT ELEVATION ARE TOP BACK OF CURB
PROPOSED PAVING AREA = 20,347 SF (52.25) Proposed Storrs Sewer
UNLESS OTHERWISE NOTED.
PROPOSED POND AREA O IJWL = 1,419 S.F. (3.65) Drainage Direction
? INSTALL EROSION CONTROL MEASURES PRIOR
PROPOSED TURF AREA = 12,638 SF (32.55) del, 9'. Roll
TO SITE GPADINO
- -.. Proposed Cutfall Gutter
PARKING STALLS PROVIDED = 35
3. ALL DISTURBED NUN -PAVED AREAS SHALL BE RESTORED
PARKING STALLS RECUIRED = TO BE DETERMINED E( CITY
WITH TOPSOIL (SALVAGED OR IMPORTED. LAWN SEED AND
STRAW FIBER BLANKET. SEED SHALL BE MNDOT 3676 MIX
NO 606 O 100 LES /AC OR EOUIVALENT
13.IBENCH MARK - 895.02 '29NGVO
BE QUADRANT OF ROUND LAKE BLVD.
4 THERE WERE NO TREES WITHIN THE AREA TO BE DISTURBED
AND 161S7 AVENUE
"
5. THERE IS NO INTENT TO PLANT SHRUBS OR TREES AS PART
PROPEX - "SILT STOP" FABRIC
OF THIS PROJECT
2" WOOD
STAKES O 4' 0.•:
10' MINIMUM
6. LIGHTING PLAN B! OTHERS
; • - 1''
BACKFILL
�
] VARIANCES REDUESTED
S1DE AND REAR YARDS PARKING SETBACK. REDUCED TO 6'
/ EXISTING GROUND
BURY BOTTOM
6" OF FABRIC /
PARKING STALL WIDTH REDUCED TO 9'
PROPOSED
8. LEGAL DESCRIPTION
-
EMBANKMENT
LOT I. BLOCK I WESTVIEW INDUSTRIAL PARK ANDOVER, ANOKA COUNTY, EROSION CONTROL SILT FENCE
MINNESOTA
Joseph Brabant •
Ramblebee Properties
16191 Round Lake Boulevard
Andover MN 55304
612- 718 -3112
July 13, 2006
City of Andover
Planning and Zoning Department
1685 Crosstown Blvd NW
Andover MN 55304
To Whom It May Concern:
RECEIVED
JUL 4 2006
CITY OF ANDOVER
Please note the application previously submitted was for upgrades/improvements to
parking areas, therefore we do not plan on adding any additional landscaping at this tune.
Our plan is to continue the clean -up of the fencing and out - building that were falling over
and to replace the overgrown weeds and sucker underbrush with a grass/seed mixture that
will grow in the areas marked on the north /northeast/northwest areas around the existing
building and surrounding the new parking areas. No screening will be provided
Sincere
Joe bast
JB /mb
•
Joseph Brabant
Rumblebee Properties
16191 Round Lake Boulevard
Andover MN 55304
612 - 718 -3112
July 13, 2006
RECEIVED
•
City of Andover
Planning and Zoning Department
1685 Crosstown Blvd NW
Andover MN 55304
To Whom It May Concern:
J U L -0 4 2006
CITY OF ANDOVER
In regard to the grading drainage, soil control and tree preservation plan please note the
lack of existing vegetation on the property will be maintained
Sin
Joe ab;
JB /mmb
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