Loading...
HomeMy WebLinkAbout08/22/06NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US Andover Planning and Zoning Commission Meeting Agenda August 22, 2006 Andover City Hall Council Chambers 7:00 a.m. 1. Call to Order 2. Approval of Minutes — July 25, 2006. 3. PUBLIC HEARING Lot Split (06 -04) to create two rural residential lots from property located at 1947 161 Avenue NW. 4. PUBLIC HEARING Conditional Use Permit (06 -05) for automobile sales located at 16191 Round Lake Boulevard. 5. PUBLIC HEARING Ordinance Amendment to Establish Closed Landfill Restricted Zoning District. 6. PUBLIC HEARING Comprehensive Plan Amendment (06 -01) to change the Land Use Designation of the closed landfill site to Open Space. 7. PUBLIC HEARING Rezoning (06 -05) to change the zoning of the closed landfill site to Closed Landfill Restricted. 8. PUBLIC HEARING Ordinance Amendment to amend City Code 9 -1 -6 Construction Near WDE Site. 9. Other Business: A. Reschedule September 12, 2006 Planning Commission Meeting 10. Adjournment • L T Y O F D OVE 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 - July 25, 2006 DATE: August 22, 2006 Request The Planning and Zoning Commission is asked to approve the minutes from the July 25, 2006 meeting. n U 0 r • PLANNING AND ZONING COMMISSION MEETING — JULY25, 2006 E • The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on July 25, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus, Devon Walton and Michael King. Commissioners absent: Chairperson Dean Daninger. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OF MINUTES. June 13, 2006 Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. July 11, 2006 Motion by Greenwald, seconded by Walton, to approve the minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1- present ( Holthus), 1- absent (Daninger) vote. PUBLIC REARIN CONDITIONAL USE PERMIT AMENDMENT (06 -04) TO ADD ADDITIONAL EQUIPMENT IN THE WATER TOWER AT 1717 CROSSTOWN BOULEVARD NW FOR NEXTEL/SPRIN7: Mr. Cross stated 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 the water tower since 1996. Since there have been two changes in equipment and one formal lease amendment in 1997 which placed nine antennas on the tower instead of the original three. Nextel has now applied to Regular Andover Planning and Zoning Commission Meeting Minutes — July 25, 2006 Page 2 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 tope of the water tower. It was noted the applicant was at the meeting to answer questions. Motion by Casey, seconded by Greenwald, to open the public hearing at 7:05 pm. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. No one wished to address the Commission. Motion by Walton, seconded by Greenwald, to close the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Motion by Greenwald, seconded by King, to recommend to the City Council approval of this Conditional Use Permit Amendment request. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Mr. Cross stated that this item would be before the Council at the August 2, 2006 City Council meeting. PUBLIC HEARING: RESIDENTIAL SAETCH PLAN FOR A SINGLE FAMILY • ATTACHED URBANRESIDENTL4L DEVELOPMENT CONTAINING TWO TWINHOMES LOCATED AT 1680 ANDOVER BOULEVARD NW. Mr. Vrchota explained 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 H 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. Mr. Vrchota discussed the staff report with the Commission. Commissioner Holthus asked if it was the previous developers' idea to put in the four stubs or was it the city that asked the developer to put the stubs in. Mr. Vrchota said it was the city's in order to make the property developable. Commissioner King asked bow close the driveways will be from Andover Boulevard. Mr. Vrchota indicated all driveway accesses will be from H Street, not Andover Boulevard. City Code requires a sixty -foot setback for any driveway before an intersection and being that the lots is 63 feet wide, that requirement would not be able to be met on the lot. • Regular Andover Planning and Zoning Commission Meeting . Minutes — July 25, 2006 Page 3 Acting Chairperson Kirchoff asked if the applicant will be asking for a variance. Mr. Vrchota stated they would and would be wrapped up in the PUD. Commissioner King asked if this would be for both of the homes. Mr. Vrchota stated there would be two driveways, one on each lot. If they were to have a shared driveway, it would be the one closest to Andover Boulevard and the rest of the driveways will meet the sixty -foot setback. Commissioner Holthus asked if there was any information on the dispute between the property owners and the property line. Mr. Vrchota stated the letter is the only information they received about that and that property line disputes are generally considered to be private property issues between property owners. Commissioner King asked on the property, if the variances were allowed, what amount of foliage would need to be removed. Mr. Vrchota stated the drawing did not show any of the current foliage so he would not be able to answer that. Commissioner Greenwald wondered how long Nature's Run has been there. Mr. Vrchota thought it has been there since 1998 or 1999. Commissioner Greenwald asked if this was a PUD. Mr. Vrchota indicated it was. Commissioner Walton asked if there are any restrictions at all about how many dwellings per acre are standard for the City. Mr. Vrchota stated this averages out to be a little under 6.5 units per acre. Commissioner Walton asked if there were any variant setbacks between the lot lines between the two units. Mr. Vrchota stated for the M -1 District the setbacks were laid out in the packets and the normal side yard setback is twenty feet. Commissioner Greenwald asked if there was any precedence of anything like this in Andover before. Mr. Bednarz thought the only kind of example was Shadowbrook and that was one plat done in phases. Acting Chairperson Kirchoff asked if this development will look at making an association to be joined with the association of Nature's Run. Mr. Vrchota stated he was not sure and thought the applicant could answer that question. Commissioner Greenwald asked if this was consistent with the values of existing structures in the area. Mr. Vrchota stated they would be consistent. Motion by Greenwald, seconded by Casey, to open the public hearing at 7:16 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. • Mr. Wayne Larson, Nature's Run, asked if this was being developed by the developer of Nature's Run or a different developer. Mr. Vrchota stated it was a new developer. Regular Andover Planning and Zoning Commission Meeting Minutes — July 25, 2006 Page 4 Motion by Walton, seconded by Casey, to close the public hearing at 7:18 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Ms. Sue Juno, Berkshire Homes, Coon Rapids, MN, stated she was at the meeting to answer questions. Ms. Juno stated they were not aware of any property dispute and neither was the seller until the letter from a neighbor was sent to the City. Commissioner Greenwald asked if they did not allow this development, what could be done with the property. Ms. Juno stated there is currently a single - family home on the property and it would be torn down. Mr. Vrchota stated in order to split this into two R-4 lots some variances would be needed. Acting Chairperson Kirchoff asked for information regarding a possible association. Ms. Juno stated they would plan on having an association to protect the integrity of the neighborhood and builder. It would be ideal to partner with the same management company as Nature's Run. • Acting Chairperson Kirchoff stated he would have a concern about having an association for four homes. Mr. Bednarz stated he did not believe they had any experience with small associations like this would be. He stated if this were to happen, he thought it would be limited to grounds keeping or snowplowing but no exterior maintenance would probably occur through the association. Ms. Juno stated she has some experience with small associations and through the association, each unit is paying for their portion of the maintenance fees and if managed properly, it should not be a problem. Commissioner Holthus stated when she thought of a PUD, she thought of buildings in a certain area and green space and it seems like such a small space to be able to have the green space or open space or a lot of landscaping and she had a concern with that Ms. Juno stated they wanted to keep with the m ainstream of the area. It lends itself more to a split level rather than a walk out rambler or look out rambler, which is what Nature's Run consists of. She stated that she does not have any intentions of interrupting what is going on there and they will enhance the landscaping there. Commissioner King asked at present time the southeast corner of the property is very low and how much fill is going to be brought in and what will happen to the trees in that area. Ms. Juno stated from what the eyeball has been with the survey; hopefully they will not need to disturb any of that She stated this is somewhat of a drainage area apparently. Mr. Vrchota indicated after reviewing the plans again, you could get two fully complying R-4 lots out of this without a variance. • Regular Andover Planning and Zoning Commission Meeting Minutes —July 25, 2006 Page 5 Commissioner Greenwald stated he did not really like this plan. He thought there was enough there with Nature's Run and they have to look at what is to the west of this property and he would rather see this split into two parcels. Commissioner Walton wondered how they would split the lot in half. Mr. Vrchota explained how they would split the lot if they did not do a PUD. Commissioner Walton stated if they did not do a PUD on this property the choice would be to leave it as it is and put one house back on the .62 acre lot or develop either twin homes that are turned sideways that might look more like they would fit in the neighborhood. The Commission discussed some of the options that could be done with the property. Commissioner Walton stated if the screening is strong enough between the single family homes and the proposed twin homes, he did not think it was that big of a transition. He thought it was a big enough lot to support something of this nature. Commissioner Holthus stated that looking at the report, half of the M -1 standards have not been met but then a lot of the standards are not met in Nature's Run either and it would be a consistent development there. She thought it seemed like it required so much. It needs a Comprehensive Plan amendment, rezoning, PUD and then the 18.5 foot variance. She wondered if it could be redesigned to fit the M -1 standards better or did it not matter because Nature's Run does not fit the standard either. She thought it would be a consistent development for Hummingbird Street. Commissioner Casey stated he agreed with Commission Holthus. Commissioner Greenwald thought they should leave it. Commissioner King thought what they have been looking at blends better with Nature's Run than two single family homes. He thought the screening behind the property is very dense. As long as the screening remains he did not think the property would be hindered by'visual affect but by doing the two twins, he thought it would blend better with Nature's Run. He would like to see some kind of an association. Acting Chairperson Kirchoff stated screening is key and it lends itself towards the Nature's Run development, especially if they maintain the screening. He supported the idea of having this as a small development. He did not like the idea of a small association. Commissioner Greenwald stated one benefit would be the elimination of the driveway onto Andover Boulevard. • Mr. Vrchota stated that this item would be before the Council at the August 2, 2006 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —July 25, 2006 Page 6 PUBLIC HEARING: CONDITIONAL USE PERMIT (06 -05) FOR AUTOMOBILE SALES LOCATED AT 16191 ROUND LAKE BOULEVARD. Mr. Bednarz stated 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. Mr. Bednarz discussed the staff report with the Commission. Acting Chairperson Kirchoff stated he recognized the size of a parking space for employees and customers but when it comes to parking cars he has noticed they are smaller and he wondered if they have requirements for this. Mr. Bednarz stated when they established the ordinance for auto sales; they left the parking stall dimensions as they are required across the City at ten feet wide and eighteen feet deep. Commissioner Walton asked why they have not seen staffs alternative version to the plan that might work. Mr. Bednarz stated this is not their proposal, it is the applicant's proposal and they would like the applicant to have the chance to show his proposal. u Commissioner Walton asked if staff has an alternative version that does help the • applicant meet the requirements of the City as established. Mr. Bednarz indicated they did. Commissioner Greenwald asked on Ordinance 324, number one, if this was a typical statement on businesses or just this one. Mr. Bednarz stated that will apply to any Conditional Use Permit. Commissioner Greenwald asked if this was in the TIF District. Mr. Bednarz stated it was. Commissioner Greenwald wondered if there have been any other proposals for any other businesses or use of the property other than this one because to him it makes substantial improvement of the area. Mr. Bednarz stated the property is presently under use as Andover Auto Care. Motion by Casey, seconded by HoMus, to open the public hearing at 7:51 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Motion by Casey, seconded by Walton, to close the public hearing at 7:54 p.m. Motion carved on a 6 -ayes, 0 -nays, 1- absent (Da vote. Mr. Joe Brabant, 16191 Round Lake Boulevard NW, stated one concern staff had was the six foot parking setback. He stated two reasons he was looking for this was because the setback variance was permitted already on the property east of them which was Andover . Award and the second reason is the two setback areas. If they looked at what was Regular Andover Planning and Zoning Commission Meeting Minutes — July 25, 2006 • Page 7 adjacent to the areas, are driveways. It has no adverse effect on anything; it will just butt up to two driveways. Acting Chairperson Kirchoff stated in order to grant a variance they have to come up with a hardship and he did not see anything that would be a hardship. Mr. Brabant thought because this was granted for a neighboring business, they would grant it for him. Acting Chairperson Kirchoff stated that was not a reason for a variance. Mr. Brabant stated they also have an issue with the ten foot wide parking stalls. He stated he measured the parking stalls at Chanticlear Pizza across the street from City Hall is at nine feet and the Water Treatment Plant has nine foot wide parking stalls. He felt if it could be done elsewhere, it could be done on his property. He stated he did not know how another plan would work because they are down to thirty -four parking stalls with all the improvements that are required. If it gets any less, he did not think there would be a reason to do business there. Mr. Brabant stated this area is a TIF District and the City Council made it very apparent that they are looking for investments to make the whole industrial complex look better. He stated if they are going to put such strict requirements on people to do things, it will never get improved. He was looking to put in a parking lot. He stated the engineering requirements for the holding ponds have gotten out of hand to the point where it is looking like they may not be able to do this. Acting Chairperson Kirchoff stated it was the owner's responsibility to capture water run off. Mr. Brabant stated as far the screening and shrubs and trees that are being required; right now he is surrounded on three sides by nothing but sand burrs. He stated the require him to put in 71 shrubs and 16 trees to beautify a neighborhood that already looks terrible does not seem right. He stated he did not have a problem putting it in if the area was more developed and he did not feel this was reasonable. Mr. Brabant stated there has been countless numbers of businesses that have moved into and out of the Industrial complex and expanded their parking lots and nothing has been done to stop them. They have done it without permits or permission. He noted there has already been a variance done on another property by his. He was asking for a permit to do business and was not asking for anything unsightly. He did not know how the variances would affect anyone or anything. Acting Chairperson Kirchoff stated he went out and looked at the site and in one way he was impressed and the other way he saw this place needed some improvement. Everyone has spent a lot of time crafting an ordinance with Mr. Brabant's help and as part of this the idea is to develop the area. As they develop the ordinance for the used car sales CUP, which also includes auto repair, they came up with an ordinance that fit what he was . looking for. All the way through the ordinance it did address some site improvements. He referred to some letters in the staff report from Mr. Brabant. He stated he expected things to improve and one of the ideas of the CUP is to improve the property. He did not Regular Andover Planning and Zoning Commission Meeting. Minutes —July 25, 2006 Page 8 . like that he was not going to improve the property after all the work of crafting the ordinance. He thought he would want to start the process to improve the area. Acting Chairperson Kirchoff asked if there would only be fourteen parking spaces for cars for sale. Mr. Bednarz stated if there are thirty -two spaces now and twenty are needed for other uses, that leaves twelve. Mr. Brabant stated the engineer figured thirty- four spaces. Mr. Bednarz stated they counted the spots that are striped. Acting Chairperson Kirchoff stated there were requirements on the existing property for the auto repair that is there. Mr. Brabant stated he knew there would be parking requirements. The existing business is half owner of the building and they area aware of what each other needs. He stated what really set them back was the size of the holding ponds. They have lost around six or eight parking stalls because of the holding ponds. Commissioner Holthus stated she was out at the site today and she stated W. Brabant has a license to sell cars in another city but not Andover and she saw a sign in the window that says "Twin Rivers Auto Sales ". Mr. Brabant indicated he put that in the window to get it out of the way of cleaning the floors. Commissioner Holthus stated she drove through the lot and counted thirty-two cars. Mr. • Brabant indicated some of the cars are the auto shops and he has some there scheduled for safety checks and to have work done on them. Commissioner Holthus thought it looked like there were already auto sales at that location. Mr. Brabant stated there were not any cars for sale there. Commissioner Greenwald stated when they first looked at the TIF for this location; they were looking at the future and hopefully improving the area and growth. He stated on the surface it looks like they are making an improvement but who says they are going to have the same business there in five to ten years from now and if they approve the variances, they will be setting a precedent for future improvements and development. He thought every time they approve something like this, they are getting a little more away from what they are trying to do for that area. He thought they should try to meet every single requirement they can for this land, not just for now but for the future. Commissioner Holthus agreed with Commissioner Greenwald. Commissioner King stated during one of their meetings landscaping was discussed and he was under the impression there was going to be a lot of improvements done to make it look better. He stated he was surprised to read the two letters indicating that no landscaping would be provided. He thought they needed to stick with what was discussed in the past. Mr. Brabant stated he did not have a problem with doing the landscaping. He was looking to get his business in there. He stated he was trying to make it look better by tearing out fences and scrub trees. Regular Andover Planning and Zoning Commission Meeting Minutes —July 25, 2006 • Page 9 Commissioner Greenwald stated he would not make a motion to pass this resolution as written. He stated Mr. Brabant has put a lot of time and effort in it but they have put in a lot of time regarding landscaping and improving the area. Commissioner Walton stated he would like to see something that more conforms to the ordinance they developed. He would also like to see some kind of cost figures from the applicant indicating they were putting too much of a hardship at the start up or can they phase certain items in over a few years. Commissioner Greenwald concurred and the fact is the justification for variances isn't based upon the effort they put forth. There needs to be legitimate justification in addition to the fact that is needed for the business to run. Consensus of the Commission was to make a motion to table this item to have staff work with the applicant on alternative plans. Motion by Greenwald, seconded by King, to table this item and have staff work with the applicant on alternatives. Motion carried on a 6 -ayes, 0 -nays, 1- absent (D vote. OTHER BUSINESS. • Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Greenwald, seconded by Walton, to adjourn the meeting at 8:30 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • 4 • • 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: Chris Vrchota, Associate Planner V" SUBJECT: PUBLIC HEARING Lot Split (06 -04) to create two rural residential lots from property located at 1947 161 Avenue NW. DATE: August 22, 2006 INTRODUCTION The applicant is proposing to split the existing 37.866 -acre parcel into two lots. DISCUSSION There is an existing residence on the west side of the lot. The applicant is proposing to split off a 10.4 -acre parcel on the east side of the lot for a new residence. As shown in the table below, both lots would exceed all requirements for the R -1 zoning district. Access A variance to allow shared driveway access for the new parcel was approved by the City Council on June 2e, 2006. The existing driveway will remain and provide access for both properties from 161 Avenue (County Road 20). This was done to avoid impacting the considerable wetland area on the east side of the property as well as to eliminate the need for a second access onto 161 Avenue. A cross access agreement between the parcels will need to be recorded with Anoka County to guarantee access to Parcel B. Because both of the houses will be more than 300 feet from 161 Avenue, both driveways will need to be brought up to the standard of an "access drive" to meet the standards of the City Code and the International Fire Code. These codes require that access drives be at least 20 feet wide, have a vertical clearance of at least 13.5 feet, and be able to permit all- weather emergency vehicle access. 3 • R -1 Requirements Parcel A Parcel B Lot Width 300 1012.59 feet 300 feet Lot Depth 150 feet 1257.945 feet 1257.945 feet Lot Area 2.5 acres 27.466 acres 10.4 acres Access A variance to allow shared driveway access for the new parcel was approved by the City Council on June 2e, 2006. The existing driveway will remain and provide access for both properties from 161 Avenue (County Road 20). This was done to avoid impacting the considerable wetland area on the east side of the property as well as to eliminate the need for a second access onto 161 Avenue. A cross access agreement between the parcels will need to be recorded with Anoka County to guarantee access to Parcel B. Because both of the houses will be more than 300 feet from 161 Avenue, both driveways will need to be brought up to the standard of an "access drive" to meet the standards of the City Code and the International Fire Code. These codes require that access drives be at least 20 feet wide, have a vertical clearance of at least 13.5 feet, and be able to permit all- weather emergency vehicle access. 3 • Easements • As with all new rural lots, standard drainage and utility easements of ten feet will be required along all the property lines of both properties. A separate easement document will need to be recorded with Anoka County granting these easements. Park Dedication A Park Dedication fee will be required for the new lot in the amount of $2,425. Trail Fees A trail fee in the amount of $590 will be required for the new lot. Staff Recommendation Staff recommends approval of the proposed lot split subject to the conditions of the attached resolution. Attachments Resolution Location Map Property Survey ACTION REQUESTED The Planning Commission is asked to recommend approval or denial of the proposed lot split. . Respe tfully submitted, C . s Vrchota Cc: Peter Leuty, PO Box 874, Anoka, MN 55303 • • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF PETER A. LEUTY TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO LOTS FOR PROPERTY LOCATED AT 1947 161 AVENUE NW AND LEGALLY DESCRIBED AS: The Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota. To be divided into properties to be described as; PARCEL A: That part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also lying westerly of the following described line and its extensions: Commencing at the intersection of the north line of said ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along said north line, a distance of 300.00 feet to the point of beginning of the line to be described; thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 275.00 feet; thence North 10 degrees 00 minutes 00 seconds West a distance of 312.66 feet to the north line of said Southwest Quarter of the Northeast Quarter and said described line there terminating. PARCEL B: That part of the Southwest Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying northerly of ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 said Anoka County, Minnesota and also lying easterly of the following described line and its extensions: Commencing at the intersection of the north line of said ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 and the east line of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 88 degrees 39 minutes 46 seconds West, along said north line, a distance of 300.00 feet to the point of beginning of the line to be described; thence North 00 degrees 31 minutes 48 seconds East a distance of 730.00 feet; thence North 35 degrees 00 minutes 00 seconds West a distance of 275.00 feet; thence North 10 degrees 00 minutes 00 seconds West a distance of 312.66 feet to the north line of said Southwest Quarter of the Northeast Quarter and said described line there terminating. WHEREAS, Peter A. Leuty, the applicant, has requested approval of a lot split to subdivide a residential property pursuant to City Code 13 -1; and WHEREAS, The Planning and Zoning Commission has reviewed the request and has determined that said request meets all requirements of City Code 13 -1 Splitting Lots, Parcels or Tracts of Land; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split 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 lot split on said property subject to the following conditions: 1. The applicant shall provide a ten -foot wide drainage and utility easement in favor of the City adjacent to all property lines of both lots. The applicant shall file separate easement documents with Anoka County granting these easements. 2. A cross access agreement allowing access between parcels A and B in perpetuity shall be recorded with Anoka County. 3. The shared driveway and the separate driveways for both properties shall be brought up to and maintained at the standard of an "access drive" as defined by City Code section 12 -12 -2 and the International Fire Code. 4. The lot split is subject to the suitability of both parcels to provide for adequate sewage disposal areas and soil suitability. 5. The applicant shall be required to pay a park dedication fee of $2,425. 6. The applicant shall be required to pay a trail fee of $590. 7. The lot split shall be subject to a sunset clause as defined in City Code Chapter 13- 1 -6 -F. Adopted by the City Council of the City of Andover on this day of , 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk E • • t Z LU CL El F O O ..... . ....... �\ asiffmn w 0 a O O ..... . ....... , q� (VOS(Yvfl �\ asiffmn .. .... -.I53lV9N11HDIN.... .... .. . . . ... ... NRfl'O IRWIAVa' is mcnlvms- LU , q� (VOS(Yvfl m ( m f y, R ° � t \ � 4 � 7/ �$ �\ !/ ! !, }4 !s ! !� ) \� �! 1 \ U;-11 1 111a, | ] � 5 | § •, e' ®,| , §Q | , | |�,�l�� � � | ■a| ¢�� , &!� |■ � ]� |� � � (i � || |� | � , _• •° £. �!._� |§ � - |�.$� � ■| # gn !, ƒ! §i it |: | , | |�,�l�� � � | ■a| ¢�� , &!� |■ � ]� |� � � (i � || |� z }�\ { \) a ll ]�■ ► 0 � , � � � t •° £. �!._� |§ � - |�.$� � ■| # gn ƒ! §i §�| z }�\ { \) a ll ]�■ ► 0 � , � r__1 LA 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 Plann SUBJECT: PUBLIC HEARING Conditional Use Permit (06 -05) for automobile sales located at 16191 Round Lake Boulevard. DATE: August 22, 2006 INTRODUCTION A revised plan has been submitted for the proposed used auto sales operation. Key changes to the plan include: • The plan has been redesigned to meet the minimum side and rear yard parking setbacks. • The parking stalls are now 10 feet by 18 feet as required by City Code. • The drive lanes have been widened to meet the 24 foot wide minimum of two -way traffic with the exception of the 22.26 foot wide drive lane proposed at the southwest corner of the site. • A letter is attached to describe the proposed landscaping improvements. • Parking stalls have been dedicated for specific uses per the attached plan. • The number of parking stalls has increased from 35 to 47 based on the applicant's design. • • The entrance has been moved slightly to the north and the drainage area is now located only to the south of it. DISCUSSION Project Summary As previously discussed, the proposed used vehicle sales would join the existing automobile repair facility. The addition 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. No changes to the existing building other than the incidental moving of office equipment have been discussed. Comparison to City Code City Code 12 -13 -9 Off Street Parking Requirements • The applicant's proposal for dedicated parking stalls (see attached plan) will conform to the parking requirements described in the table below. A variance would be needed for the width of 1 One 01 Ulu ULLVG 1a 1,, uo uvo.+ +......... City Code Required Stalls Notes: Vehicle Employee Parking: 3 stalls Sales 3 stalls plus 1 per 400 sf beyond the first 1,000 gross floor area Parking stalls are required to be designated for each applicable Customer Parking: 5 stalls 5 stalls plus 5 stalls per acre use on the site plan. All parking above the first acre stalls are required to be 10 feet wide by 18 feet deep. Vehicle Display Parkin 27 as drawn Auto 8 spaces plus 1 space per 800 sf 12 stalls Repair beyond the first 1,000 sf TOTAL 20 require stalls plus 27 for vehicle display arking City Code 12 -13 -6 Landscaping Requirements The attached letter describes the proposed landscaping improvements. The applicant is • requesting a variance to the minimum number of trees and shrubs for the site. The applicant has indicated that the landscaped areas of the site will be irrigated. A landscaping plan is needed. City Code 12 -13 -6 Measurement RRequired Required Trees Shrubs Area Site Perimeter 790 feet 1 t16 40 1 s Building Perimeter 308 feet 1 s 1 feet NA 31 Total Required Plant Material 16 71 Total Proposed Plant Material 41 1 1 18 1 39 of the proposed 41 trees would be below the minimum size required to receive credit according to City Code. For example, a one gallon pine tree is between 1 and 2 feet tall above grade. A six foot tall tree is required to receive credit. City Code 12 -13 -5 Screening Requirements Parking areas are required to be screened from public right -of -way to a minimum height of three feet. This will apply adjacent to Round Lake Boulevard. Staff recommended a portion of the required shrubs be provided along the west edge of the parking area to help meet both the landscaping and screening requirements. The attached letter does not appear to address this requirement. A variance is also needed for the screening 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. Staff Recommendation Staff continues to recommend compliance with the City Code and does not advocate variances for landscaping, screening or drive lane width. 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. The attached resolution reflects staffs recommendation. The Commission should feel free to modify the resolution according to their recommendation. Attachments Resolution Ordinance 324 Letter from applicant Revised Plan Set Previous Plan Set Res tfu ubmi • i o Bednarz Cc: Joe Brabant 16191 Round Lake Boulevard NW CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 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. 3. A landscaping plan shall be provided. All landscaped areas of the site shall be irrigated. 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 n U 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, Zoning Districts Conditional, and Prohibited Uses R -1 R -2 R -3 R -4 R -5 M -1 M -2 GR LB NB SC GB I P C New Vehicle Sales C C Used Vehicle Sales CHAPTER 13: PERFORMANCE STANDARDS • SECTION 12 -13 -9: Off Street Parking Requirements: H. Number Of Spaces Required: The following minimum 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. Joe Brabant Rumblebee Properties 16191 Round Lake Boulevard Andover, MN 55304 twinrivers5Mcomrast.net (612) 718-3112 August 16, 2006 City of Andover Planning and Zoning Department 1685 Crosstown $lvd NW Andover MN 55304 To Whom it May Concern: In regard to the addendum to site plan item #5 the landscape plan I suggest as adequate screening and planting for the site is as Mows: • Remove the existing landscape timbers on the west and north side of the building replacing • them with new edging, mulch and 8 Low - growing bushes, • Relocate the existing sign to the front of the building adding landscape edging, mulch and 10 low-growing bushes to match the front, • Plant 1- ,gallon size pine trees every 10 -feet on the entire east side of the property. • Plant 1- gallon size pine trees every 10 -feet on the south side of the property to 100 feet from the east property line. • In the spring of 2007 plant 10 bare root ash trees along the north side every 15 -feet from the east property line. • Plant two 1' /cinch diameter ash trees in the west grassy areas, not to block the sight line of the sign or irti=fere with the existing septic system. Please note that any additional plantings would cause future damage to the building due to the proximity of the building to lot lines and the additional screening would significantly reduce the visibility for the displaying of vehicles. Please feel free to contact me if you Have any questions or comments. Thank you. Si , • Joe B t JB /mmb DW �. 0 20 40 50 SCALE IN FEET LEGEND --A'm — Existing Contours a M.0 Existing Spot Elewtians Retaking Wall Existing Bituminous Pavement to he Remowo Existing Gass 5 Surface E.isWg Concrete Slab to Remain Existing Concete Sm to Be Remomd Existing Paver Blocks To Roman Existing Paver Blocks To Be Removed • kr�eS�D B � S8 °05'43 190.00 -. ,, I _ - - - - -- mELrly AREA OF SEPTIC SYSTEM 20 �.P�R APPLICANT 7 _ TT � I I j l i I EXISTING BUILDING I ( I �61/ finished floor elev. 895.2 I- IN 1 h' L BE 89t.08 z OC 1 i9 IF e'o eb f} <D I MATCH BACK OF O, I �a ��, .. _ qp 4 W CURB TO FpGE OF L ` ' _ '. -. _ -_.. +.}t _. - - ` I O EXISTING DRIVEWAY W 6I PAVEMENT 1 I '- LF O 01 k. LF O 18% 9 , Q J 50 LF le CMP AND 5 10.00' I I - N 0 5:1 SAFETY APRON - $ 94 1 2 (TYP) II 21.OD v END SECTIONS ' I 2 HIGH NN G W 241 36 J r CI 00.17% 5= 50.00 IE 890.97 I g m _ 0 O V I e1 U TNe �I UGH POLE J O - O m oA i 2 po N w r 3 r a rv. I m o _ O yy7e Y I POND I EOF 893.60 I _ 9g' O O O N �= LIGHTtPOLE 09 k NWL - 892.00 I I I v '.!3 I m I NGWL - DRY 12 CURB BOTTOM = 890.0 153.34' - . C 100 YR 893.60 1 1.89 cfs LF 10 YR 893.03 1.40 Off 00% . .58% �20 .. O 2.14% 30 LF O L .5 O LtI t 0 o }ry 1.5 LF I YR 89257 0.81 -ft I It ,T IE 890.64 d _ GRADE SCALE TO DRNN \fit 6 5 CY OF CL I RIP NAP o - -- :. -. I� '' SAWCUT I �_ CL ROW �I 20 I 9. 0 20 40 60 SCALE IN FEET n NOTES. I. ALL SPOT ELEVATION ARE TOP BACK OF CURB UNLESS OTHERWISE NOTED. 2 INSTALL EROSION CONTROL MEASURES PRIOR TO SITE GRADING. 3 D TO PSOIL� (SALVAGED OR A REAS IMPORTED LAWN R ESTOR E D AND WITH STRAW FIBER BLANKET. SEED SHALL BE MNDOT 3876 MIX NO 608 O IDO LES /AC OR EQUIVALENT 1 4 THERE WERE NO TREES WITHIN THE AREA TO BE DISTURBED 5. THERE IS NO INTENT TO PLANT SHRUBS OR TREES AS PART OF THIS PROJECT 6. LIGHTING PLAN BY OTHERS 7, LEGAL DESCRIPTION LOT I, BLOCK I WESTVIEW INDUSTRIAL PARK ANDOVER. ANOKA COUNTY, MINNESOTA 8 OWNER / APPLICANTS JOE BRABANT 16191 ROUND LAKE BLVD ANDOVER, MN 55304 512 -718 -3112 (CELU OF BERM 993.6 �- ENGINEER / SURVEYOR JOHN OLIVER & ASSOCIATES. INC 580 DODGE AVENUE ELK RIVER, MN 55330 763 -441 -2072 760441 -5665 FAX O. EXISTING ZONING - INDUSTRIAL . SITE AREA - :08,950 S.F. (190' N 205) EXISTING BUILDING = 4.546 S.F. (11.7 %) PROPOSED PAVING AREA = 20.347 S.F. (52.2%) PROPOSED POND AREA O NWL = 1,419 ST (16 %) PROPOSED TURF AREA - 12.638 S (325 %) PARKING STALL PROVIDED = 47 PARKING STALLS REQUIRED = TO BE DETERMINED Bt CITY 2, BENCH MARK - 895.02 '29NGVD SE QUADRANT OF ROUND LAKE BLVD. AND 161ST AVENUE PROPEX - "SILT STOP" FABRIC 13. RETAINING WALL DESIGN BY 2 ^.2 ".4 WOOD - OTHERS STAKES O 4' O.C. 'I � BACKFlLL I BURY BOTTOM EXISTING GROUND 6' OF FABRIC PROPOSED EMBANKMENT EROSION CONTRO Sic FENCE LEGEND - 1070 - -- Eried-9 Contours _898 Proposed contours r 9%.0 Existing Spot Elewtlws • 75.5 Proposed SPOt Elevation .. -... Silt fence �.. �..� Grading Lmits Retaining Wdl 4. �% Droinoge Slope - -� Proposed Storm Sewer Drainage Direction A Bio Ral - .. -- Proposed OutfNl Cutler PROPEX - "SILT STOP" FABRIC 13. RETAINING WALL DESIGN BY 2 ^.2 ".4 WOOD - OTHERS STAKES O 4' O.C. 'I � BACKFlLL I BURY BOTTOM EXISTING GROUND 6' OF FABRIC PROPOSED EMBANKMENT EROSION CONTRO Sic FENCE ONIiSIX3 17"z 0, 9PO1019 00 895 Z 12 7 09. Z9 . zoo-I T n 901 04 L(i CD Z no z 0 70 O a c' i NI. 0 Q3 of L� o6 Ino 9r _ ri of LLJ I inD e b9 IL %oo*l 0 .41 96 45 -=C 6 22.26' 4 I m L I SL 7 O d7 Ch %05 o zn 9L 1 pe_ vi Zc * zn a — --- — — 890 6 01 1 C4 1 Bet 3: 09 • • • • • ' 1 ., r'�tE�tiou s �Gi S8 005' ",W 190.00 AL AREA OF SEPTIC SYSTEM ER APPLICANT EX4STING BUILDING i I /' I 89L00 ' finished floor elev.= 895.2 ,( 1 o> I WELL I q ! I 0 0 e SAVE '.•._A •I C5 3000D 6 Be � a9 49 : ,' \�LL— _•.�I Y � IE 691.0 I 1 W ��e 892.00 0 CO 1 MATCH BACK OF I O yF' ee ". 9w. \ lO\ 2 LF 12' RCP CLS O 0.31% _ Q W CURB TO EDGE OFJ? - _- ExISTWG BrtWlN0U5 y EXISTING DRIVEWAY / E T MH - - PARKING LOT J PAVEMENT J \ C / FL .05 / REMOVE 9 Ic 89a. I /, / Q' N ZI B�YN CJ /f J TO BE R VED it r ' rd /g�M 6e 21) r 0 Of- \ IE 892.16 20 4 I ` P o EXI IN G LASS SLR AOE { ' 6. I I E 1E III ' P)NO �) 7 NWL 893.20 � p NOW L =DRY (. 5 C DC YR 3.91 318 cfs I'. t0 YR 8113.65 2.53 cft 5 YR 8 2.29 cis see _ I YR 851 1.43 efs IE 891.62.E w.oe 0 IE 890.97 30. Po REMOVE C OR / 1 J a'a LIGHT POLE 5. 1 /� an i Cl6i8 ISLA D N� ✓'N' yy is •% UGHT POLE e IE 891.84 b. F 4 RETAINING BLOCKS. J REMOVE a RELOCATE SIGN 111 q a = ' I % -o w 2 eeJ� u. 8612 CURB AND GUTTER .I 9 / M1 ? 1 1 TYPICAL 0 m e 9 y. IE 093.00 t '. 1 a � C CRETE SPIL,LWAY.,. 154 I b 0.50 �• 7 — IE 890 64 J \ e � J� REMOVE PAVEMENT .. 20 1 9. OWNER / APPLICANT: JOE BRABANT LEGEND 15191 ROUND LAKE BLVD ANDOVER, MN 55304 612 - 716 -3112 (CELL) .- I07D - -- Existing Contours —898 � proposed contours 10 ENGINEER /SURVEYOR JOHN OLIVER &ASSOCIATES, INC s 9110.0 Existing Spot Elevations 580 DODGE AVENUE ELY: RIVER, 55330 * 75.5 proposed Spat Elewtion 763 -441 -2072 72 763 - 441 -56fi5 FAY 0 20 40 60 - - - - -- Silt fence 11. EXISTING ZONING - INDUSTRIAL �•• —••� Grading Limits SCALE IN FEET I ^_ SITE AREA - 38.950 SF (190' X 205') Retoining won EXISTING BUILDING = 4,546 S.F. (I1,7%) 4 _ 2% Droinoge Slope L ALL SPOT ELEVATION ARE TOP BACK OF CURB PROPOSED PAVING AREA = 20,347 S F (52.2%) - Proposed Storm Sewer UNLESS OTHERWISE NOTED. PROPOSED POND AREA 0 NWL = 1,419 S.F. (3.6%) Droinoge Direction 2. INSTALL EROSIOY CONTROL MEASURES PRIOR PROPOSED TURF AREA - 12,638 SF (325 %) � Bia Roll TO SITE GRADING PARKIN, STALLS PROVIDED = 35 Proposed Outfoll Gutter 3. ALL DISTURBED NON -PAVED AREAS SHALL BE RESTORED PARKING STALLS REOUIP.ED - TO BE DETERMINED Bf CIT'r WITH TOPSOIL (SALVAGED CS IMPORTEC. LAWN SEED AND STRAW FIBER BLANVtET SEED SHALL BE MNDOT 3876 Mix NO 606 0 100 LBS /AC OR EOUIVALENT 13 BENCH MAP.F - 3950-' 29NGVID BE OUACIRANT OF ROUND LAKE BLVD. 4 THERE WERE NO TREES WITHIN THE AREA TO BE DISTURBED AND 161ST AVENUE 5, THERE IS NO INTENT TO PLANT SHRUBS OR TREES AS PART - PROPEX- "SILT STOP" FABRIC Cr THIS PROJECT Yx "'x4' WOOD STAI(E5 ®' 4' C'.0 to MINIMUM 6. LIGHTING PLAN BY OTHERS � BACKFILL 7. VARIANCES REQUESTED SIDE AND REAR YARCS PARKING SETBACY. RETIUCEG TO E' "- - BLRY BOTTOM / E %ISTMG CROWD E" OF FABRIC PARKING STALL WIDTH REDUCED TO 9' PROPOSED - EMBANKMENT 8. LEGAL DESCRIPTION LOT 1, BLOCK I WESTVIEW INDUSTRIAL °ARK ANDOVER, ANOKA COONTI'. EROSION CONTROL SILT FENCE MINNESOTA k C I T ((Y�� © F ND V� 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 Plann(!� SUBJECT: PUBLIC HEARING Ordinance Amendment to Establish Closed Landfill Restricted Zoning District. DATE: August 22, 2006 INTRODUCTION This item follows the direction of the Planning Commission and Council to implement the recommendations of the Minnesota Pollution Control Agency (MPCA) to establish a specific zoning district for the closed landfill site. DISCUSSION The model ordinance provided by MPCA was used as the base format for the proposed ordinance. Modifications to the model ordinance were made to tailor the model ordinance to the structure of the Andover City Code. As previously discussed, the intent is to apply this zoning district to the closed landfill site to clearly and accurately represent the limitations of the closed landfill. ACTION REQUESTED The Planning Commission is asked to recommend approval of the attached ordinance with any modifications it feels are appropriate. Attachments Proposed Ordinance Ordinance Summary a= y submi d, ednarz Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155 -4194 S L' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA >a ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 3: ZONING DISTRICTS AND MAP 12 -3 -2: ZONING DISTRICTS ESTABLISHED: For the purposes of this title, the city is hereby divided into the following zoning districts: Symbol Name CLR Closed Landfill Restricted 12 -3 -3: PURPOSE OF EACH DISTRICT: N CLR Closed Landfill Restricted: This district is intended to apply to former landf 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 o 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. 1. Permitted Uses Uses allowed in this district include outdoor equipment or small buildings used in co ncert with gas extraction systems (i.e. gas to energy system) other response action syste monitoring wells or any other equipment designed to protect monitor or otherwise en sure the integrity of the landfill monitoring � r improvement systems. Fences and gates shall be allowed under these provisions. 2. Accessory Uses Accessory uses shall be limited to installation operation and maintenance of equip to support permitted uses. 3. Conditional Uses Conditional uses shall be limited to passive uses to protect the integrity of the landfill area and to protect Mperson from hazards associated with the landfill. The landfill shall be planted in cover crops and shall be maintained by the MPCA. AU 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. 4. 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. 5. General Regulations Requirements for parking signs area and other regulations are set forth in Title 12 of the City Code. r� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. A SUMMARY AN ORDINANCE ESTABLISHING THE CLOSED LANDFILL RESTRICTED ZONING DISTRICT (CLR) WITHIN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 349. Policy The purpose of this ordinance is to establish a zoning district that adequately addresses the land use restrictions of the WDE Closed Landfill site within the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of , 2006. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor 0 is trA N A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: PUBLIC HEARING Comprehensive Plan Amendment (06 -01) to change the Land Use Designation of the closed landfill site to Open Space. DATE: August 22, 2006 INTRODUCTION The Commission is asked to review the proposed comprehensive plan amendment for the closed landfill site. DISCUSSION The majority of the closed landfill site is already designated Open Space on the City's Land Use Map. The survey and title work prepared through the WDE Land Use Plan identified a few areas on the fringe of the landfill site that have different designations. These areas are highlighted on the attached map. The intent is to apply the Open Space Land Use Designation to the entirety of • the closed landfill site. ACTION REQUESTED Staff asks the Planning Commission to recommend approval of the comprehensive plan amendment to allow the entirety of the closed landfill to be designated as Open Space on the Land Use Map. Attachments Resolution Land Use Map Excerpt Respectfully submitted, 4 0Be dnarz Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155 -4194 M �J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL LOW DENSITY (URL) AND GENERAL COMMERCIAL (GC) TO OPEN SPACE (OS) ON PROPERTY LEGALLY DESCRIBED AS FOLLOWS: PARCEL A (P.I.D. # 27- 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: 5 L�J 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 40 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 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 corner 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 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 corner 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 11 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 H (P.I.D. # 27- 32 -24 -34 -0038) Outlot A, Kensington Estates 4 th Addition, according to the recorded plat thereof, Anoka County, Minnesota. PARCELI (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 corner also being the southeast comer 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 corner 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. Subject to the right -of -way of County Road No. 78. WHEREAS, the Minnesota Pollution Control Agency prepared the Waste Disposal Engineering Landfill Land Use Plan to comply with State Statute; and WHEREAS, the plan recommends that the City provide land use controls that will prevent active use of the property other than prescribed by the State of Minnesota; and WHEREAS, the Planning Commission held a public hearing pursuant to state statutes and recommended implementation of the plans recommendations; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the recommendation of the Planning Commission and hereby approves the Comprehensive Plan Amendment, subject to review and approval by the Metropolitan Council. 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 I C I T Y O 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 Planned SUBJECT: PUBLIC HEARING Rezoning (06 -05) to change the zoning of the closed landfill site to Closed Landfill Restricted. DATE: August 22, 2006 INTRODUCTION The Planning Commission is asked to review the proposed rezoning for the closed landfill site. DISCUSSION As with all rezonings, in order to change the zoning the City must establish one of the two following findings are present: 1. The original zoning was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the rezoning. • In this case it is appropriate to say that the original zoning was in error. As the attached map illustrates, the landfill site is zoned R -1, Single Family Rural Residential, R -4 Single Family Urban Residential and GB, General Business. The deed restrictions of the closed landfill site prohibit nearly all of the uses permitted in these zoning districts. It is appropriate to rezone the property to CLR, Closed Landfill Restricted, to clearly represent the limited uses of this property. ACTION REQUESTED Staff recommends the Planning Commission find that the original zoning was in error and to recommend approval of the rezoning to CLR, Closed Landfill Restricted. Attachments Ordinance Zpe A Be rp itted, rz C c: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155 -4194 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . ORDINANCE AMENDING CITY CODE TITLE 12 -3 -5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R- 1), SINGLE FAMILY URBAN RESIDENTIAL (R-4) AND GENERAL BUSINESS (GB) TO CLOSED LANDFILL RESTRICTED (CLR) THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: City Code 12 -3 -5, The Zoning District Map of the City of Andover is hereby amended as follows: Rezone land from Single Family Rural Residential (R -1), Single Family Urban Residential (R -4) And General Business (GB) to Closed Landfill Restricted (CLR) legally described as: PARCEL A (P.I.D. #27- 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 corner 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 corner 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: . 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. 4 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 corner 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 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 corner 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 11 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. h!27-32-24-34-0038) Outlot A, Kensington Estates 4 th Addition, according to the recorded plat thereof, Anoka County, Minnesota. PARCELI (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 comer of said southerly 500.00 feet of the easterly 500.00 feet, said northeast comer also being the southeast comer 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 corner 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. • The rezoning is based on the fact that the original zoning was in error. The deed restrictions of the closed landfill site prohibit nearly all of the uses permitted in the R -1, Single Family Rural Residential, R -4 Single Family Urban Residential and GB, General Business Zoning Districts. It is appropriate to rezone the property to CLR, Closed Landfill Restricted, to clearly represent the limited uses of this property. 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: Michael R. Gamache, Mayor Victoria Volk, City Clerk 0 • 0 M 1685 CROSSTOWN BO VAR 755-8923 .W. e ANDOVER, C OVE MINNESOTA ER 55304 & (73) 755 -5100 FAX TO: Planning an d Zoning Commissioners FROM: Courtney Bednarz, City Plann SUBJECT: PUBLIC HEARING Ordinance Amendment to amend City Code 9 -1 -6 Construction Near WDE Site. DATE: August 22, 2006 INTRODUCTION This ordinance amendment would correct an error in the City Code. As discussed at the July 11'' meeting, the City Code presently refers to Line F for both the 200 and 500 foot setbacks from the landfill. The 200 foot setback needs to be changed to refer to Line E. The attached map illustrates this issue. DISCUSSION The change is shown in the attached ordinance amendment in bold. The attachment illustrating this issue that was included in the July 1 I t " packet is also attached. In addition to this simple change, staff will make copies of the map available in both the printed and online versions of the City Code. ACTION REQUESTED The Planning Commission amendment. Attachments Ordinance Amendment Exhibit A (map) Additional Information or is asked to recommend approval of the proposed ordinance . Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155 -4194 CITY OF ANDOVER • COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 1: BUILDING CODE Section 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 (200') of the limit of refuse disposal at the WDE qualified facility as depicted as Line EE 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. 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 0 wrnor A 3 cr II 0 tr j I O 1 c! W cr Y A� H A,B I Y � —� A ' z lJKS! B ..._ A 1 o. v B 9 O + oN bT A , B r KE H �N 5 + \ I 1 Ems RAJ a H •` �D _ _ �' `'-J , A� p•L. A,B : .. "" k I, ..M.. �.• .•.� I • \ ea ry �. • • -� l " . B, E i Z .r z F, A D D C t2 3 C t B z�\ i - ` 3 UN �R- ;:H IN MNNM ' ii O NN %-<-j • .® L I.�IL Refuse Limits, with 200' and 500' zones ,i S Site boundary N Waste boundary 800 0 800 Feet Parcel boundaries A/ Wetland 200' from refuse limit, and additional property as shown in City of Andover " Source: City of Andover, Ordinance 19 Exhibit A. URS Corporation surve s « <t 500' from refuse limit, W--OE 2003 and additional property as shown in City of Andover Ordinance 19, Exhibit A. S Figure 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 tern "boulevard" shall mean the area of a public right-of-way extending from the back of"the curb, or the edge of a roadway where no curb is installed, to the right -of- way limit (Amended Ord. 205, 34 -1997; amd. 2003 Code) CONSTRUCTION NEAR WDE SITE: A. No Construction Within Two Hundred Feet Of Site: No encosA d structure shall be built within two hundred feet {200') 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 Ci y clerk for public use and inspection (Exhibit A is a drawing of the WDE'quai'ified facility), except for any property north of Coon Creek. B. Construction Within Two Hundred To Five Hundred Feet Of Site: 1. Prior To Construction; Soil Gas Monitoring Probe Required: a. For any enclosed structure to be erected within two hundred feet (200) to five hundred feet (500) of the Emit of refuse disposal at the WDE ;t1he 'ed facility as depicted in Exhibit A attached to Ordinance 205 on file office of the City Clerk for public use and inspection, excluding rty north of Coon Creek (the line 500 feet distant from the limit of disposal is depicted as Lin F ), the property owner shag, prior to construction of the structure, install a soil gas monitoring probe located between the structure and the limit of refuse disposal at the WIDE qualified facility. The soil gas - monitoring probe shall be of a design approved by the Commissioner of the Minnesota Pollution Control Agency ("Commissioner") and shag be installed in a location approved by the Commissioner. The sol gas - monitoring probe shall be installed by a water well contractor licensed in the State of Minnesota. Installation of a soil gas - monitoring probe pursuard to this Subsection B1a shag 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 access to the property in order to conduct sampling of the soil gas - monitoring probe until such time as the 100 C I T Y O 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 Plann SUBJECT: Other Business: Reschedule September 12, 2006 Planning Commission Meeting DATE: August 22, 2006 INTRODUCTION The State Primary Election will conflict with the regularly scheduled meeting on September 12, 2006. The Commission is asked to reschedule their meeting. DISCUSSION Suggested options include: • . Wednesday September 13, 2006 Thursday September 14, 2006 ACTION REQUESTED Please select one of the alternate meeting dates above or suggest another that works for the Commission. 40Be lly s mitte ar n LJ W J O N A 4 N Z N ➢p,0 �f r r O� y ZVIFD y G D 4 N O - O O v�b JOAA y r ~ ZI`A1 m Of Y° N ITItN Z m N I A�\ ym m m mW F m �`o Ni m o m W n DO N V Z m 0-H Op �~ O Z Z NZ ° V z = ➢ °O O D- Tr N [� O a 9 V m V, ➢r - U 2 Z Z O ° O y O r �umn F O m y �m -z o n l^z �z f v °m N Z < y m F<O N F V W O m m N o y m> D z z z a o v (COUNTY STATE AID HIGHWAY N0. 9) ° m A o£ o N o n o m J o g ROU LAKE BO ULEVAR D - _ _ - -- T a - m 'z ? mo$ - eQm$ z a$ e o° - r o g m x m rn Qi My a ti %e g Zm rn m D .D O f m W e9 m f'r ox b -1 pi J O ' 1 ' < 2 9 p Znr A C O iT °BV O S J w °g m to m yy p G r i 1 K u a = 16e N �.. oA alnm v v v v v m N m JmN�m IJ O • 68 b �"' omz ,, ➢v n o 0 o v zz 1 069 ___ - - - -- y m x wTOic 10 ° _ o 04 n o t v I � 1 - ri> pZ - C Z Z c O 0 O N t z i `a vn o o v y " omv�n '____ 1T�9 23 LF 03.25 D m m N T < y v I al > <vz r c v v S II i o JS nA {. a r` l am t II - z < v z Nz<le� I!. } B 76LF00.505 yl z0 III' u o r v. N o z z n i r s -- - m so p B LF , r o n o 4 It, 1 z z 0 0 ➢ n rr II v J�mm / rc 0f3R o ° u ® n C m v o n p 76 LF O 1.055 z u m Inv 4t c oi=l° m n n i oil$ N P /� III r 1 rn I < A I w -+ ° 1 fT� II L � \ m I x @ 1 � < F5 'll '� in ib o 9666 W m to Vl n \ 1� I in 95 LF F 0 1.005 I O Z N3.2 .OUT O f n + f I m In < 7 '� I ° N I ea ,`� II Q \ I I V ® u °° e e ;) I I In \ I I 0 © 1l\ 1 °- # I .p r m m m o v v m o to 'I z 98 1 \1 I > z n n - - fn o J 00' I 108 LF b 1 zp o p - co° w o o « 0 0 o I i �`Iy — i .00_3 F _ T GUT o_ a o m Q 0 x m 6? LF 09 �° �' a 6 �� I e2.06R ?� - -J 10` I ,. LI 12 LF O .465 "0 1 i V ..Al 1 — she A 0 0 z 0 z O r N z Z n H m M n f z z A fTl D A mA m A f m m m (] p W c T F , D v r A A y y I 7-1 2 ,. 6 Ll - 1/7 , z / - U N m N N m C m n � y Z N O C Z n m � A D a I• N C A n m m O D A u ° w N < O W n n b I i I�j 0 x zI 1 oII W N I z I of Ilk I 1 I .p SOI 46'07' E 200.00 g'. EXISTING BUILDING N dIft N l�' f �'1Q John Oliver 8f Ass n, pin.riro. fund suroMtro. ta„d Pianap ,. c..xl 5n . 530 Dodge Avenue E River, Minnesota 55330 763 - 441 -2072 FAX 763 -44f -6666 - � � � 14 •,r' ' N yR��� �i. � i DESCRIPTION m o � � a� S 6• CITY REVIEW M CITY P N REVIEW N0. 1 Z bat 4 rn N 4 rn H r V RiT�gr{ M � • } .r yL s N m � \ z o p m N TWIN RIVER AUTO SALES ANDOVER MN FOR JOE BRABANT SITE PLAN AND GRADING, DRAINAGE & ER OSION CONTROL PLAN John Oliver 8f Ass n, pin.riro. fund suroMtro. ta„d Pianap ,. c..xl 5n . 530 Dodge Avenue E River, Minnesota 55330 763 - 441 -2072 FAX 763 -44f -6666 I hereb certif that this plan, specif- cation, report was prepared by me or unde my direct supervision and that I am a duly Licensed Professional Engineer under State of Minnesota Statutes Sections 326 02 -326. 5. ,F /� A Signature'. r " I ROSS D. ABEL Dote 6/15/06 Lo No 16733 DATE: 6 16 06 DESIGN BY' RDA DRAWN BY: CHECKED BY'. RDA DING 6655- 10- PCRD.Dwc TEXT: NONE FILE NO: 8655.10 -03 NO DATE DESCRIPTION 1 7 13 O6 CITY REVIEW D CITY P N REVIEW N0. 1 Off %ees in El River, Rlrrnsu{lle, Broo klyn center & St. Clct,4 Minnesota __ A 0 29 'z:A 9 1 7 a- I x > O nut =r (D CL 0 =b z 0 (b 0 < I < II �x Ilk Q3 �� N � I Q3 \I I i :% AA1 - - - - - - - - - - - - - - - - SO> - 4t) U, - EXISTING BUILDING S N3 Fn 0 3 3 3 4 1 fi i DATE. 6/16/0 REV DATE DESCRIPTION TWIN RIVER AUTO SALES I hereby certify that this plan, s John Oliver Associates, Inc. cation. or report was prepared by me NO ANDOVER, MN ctml Land So-.,As Z�, or under my direct sliperv,mmin and DESIGN BY, R 1_ : jqj�& \7 z thatl am a duly Licensed Prof DRAW Clacy PE� No. I 0 580 Dodge Ave Engineer urider State of Minnesota 0 FOR Elk River. Minn f, 615330 Salutes Sections 326.02-32 CHECKED By. RDA I 763-44f-2072 FAX 763-440-6666 C�15. CH JOE BRABANT ---- DWG. 8655-10-EXIST.DWG-- Office. in, Elk Rive, EXISTING SITE PLAN AND REMOVAL PLAN Brooklyn Center & St. Claud, Minnesota Signature 2. A TEXT: NONE N ROSS 0. ABEL Date 6/16/06 Lit No, 16733 FILE 1 8655.10-03 I -T J;u lug p fA rri cn Fn 10 . ...... ...... ...... . ...... ..... LE N OD 69 76 LF 0 0 I N ; /0 03. A w • Ci I & 4 O AM.& Il k 76 LF 0 1.0 X (P ,p 41 191�� 0 (-.- , . o9z.zz 0 4K b (D % 98 LF 0 1,00% tn 0 -0 5b 0 Gijr 4 • • � I -� \ .0 0 0 2 W \ \ co Z CD 01 ve x h 1 N I \ 108 LF. 4) 1.00% a— � ---��A � = • ' J (� � � \� ti A I OD 0 CAD m Ln Z ZI n 10 0 a - 11046 P07p OF u/ I 200, 00 I I ILL EXISTING BUILDING l