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June 9, 2015
ANLb Y © 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Andover Planning and Zoning Commission Meeting Agenda June 9, 2015 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes – March 10, 2015 and May 12, 2015 Regular Meetings 3. Public Hearing Continued: Conditional Use Permit (CUP 15 -03) – Private Utility Structure - 13585 Thrush Street NW – Connexus Energy 4. Public Hearing: Comprehensive Plan Amendment (CPA 15 -02) – Country Oaks North Second Addition — Consider the following Amendments to the City of © Andover Comprehensive Plan: to Expand 9.98 -acres into the Metropolitan Urban Service (MUSA) Area and Change 9.98 -acres of land from RR – Rural Residential to URL – Urban Residential Low; to Remove 10.82 acres from the Metropolitan Urban Service Area (MUSA) and Change 10.82 acres from URL – Urban Residential Low to RR – Rural Residential - SW Land LLC 5. Other Business 6. Adjournment C i ow�y.y�. ` �"raii.�, PLANNING AND ZONING COMMISSION MEETING — JUNE 912015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on June 9, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners Timothy Cleven, Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth, Steve Peterson, and Jeff Sims. Commissioners absent: None. Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Others APPROVAL OF MINUTES. March 10, 2015 Commissioner Nemeth stated he had one change on page two, fourth paragraph, it states "Mr. Carlberg stated the open space designation; land use designation... ", he thought in order to make it less confusing, the first designation should be removed and stated "Mr. Carlberg stated the open space land use designation... ". Motion by Nemeth, seconded by Gudmundson, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 2- present ( Daninger, Peterson), 0- absent vote. May 12, 2015 No changes were made Motion by Peterson, seconded by Koehler, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- present (Nemeth), 0- absent vote. PUBLIC HEARING CONTINUED: CONDITIONAL USE PERMIT (CUP 15 -03) — PRIVATE UTILITY STR UCTURE —13585 THRVSHSTREET NW — CONNEXUS ENERGY X Regular Andover Planning and Zoning Commission Meeting Minutes — June 9, 2015 Page 2 City Planner Hanson stated that Connexus Energy did submit a Conditional Use Permit request however at this time they are requesting to withdraw it. Motion by Koehler, seconded by Cleven, to accept the withdrawal of the Conditional Use Permit request from Connexus Energy. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (SPA 15-02)— COUNTRY OAKS NORTH SECOND ADDITION— CONSIDER THE FOLLOWING AMENDMENTS TO THE CITY OFANDOVER COMPREHENSIVE PLAN. • TO EXPAND 9.98 ACRES INTO THE METROPOLITAN URBAN SERVICE (MUSA) AREA AND CHANGE 9.98-A CRES OF LAND FROM RR — R URAL RESIDENTLAL TO URL — URBAN RESIDENTLAL LOW; TO REMOVE 10.82 ACRES FROM THE METROPOLITAN URBAN SERVICEAREA (MUSA) AND CHANGE 10.82 ACRES FROM URL — URBAN RESIDENTIAL LOW TO RR — RURAL RESIDENTIAL — SW LAND LLC City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Comprehensive Plan Amendment for Country Oaks North Second Addition. City Planner Hanson reviewed the proposed Comprehensive Plan Amendment with the Commission. Commissioner Koehler stated in looking at the review criteria, what does staff see that has changed which would need approval on. Ms. Hanson stated they did a Comprehensive Plan Amendment in this area a year ago and thought the development would be driven more to the north but once the developer started taking a look at the property it ended up that it would be a better use of the land to move the MUSA line and take out the northern portion. Commissioner Koehler asked if this would change the land use so it would match with the land use directly to the south, extending a contiguous neighborhood. Ms. Hanson indicated that was correct. Commissioner Nemeth asked what the ramifications were if they do approve this. Ms. Hanson stated it all has to do with residential units within the MUSA boundary so they will not need to make up any units at all. Commissioner Nemeth stated regarding the 9.98 acres, previously they discussed there was not enough sewer capacity for the development to the north and he wondered if there will be additional sewer capacity added that will take into effect the 9.98 acres now that it is going to possibly be urban residential. Ms. Hanson stated through looking at this project there will be enough sewer capacity for this project to move forward. W LM Regular Andover Planning and Zoning Commission Meeting Minutes — June 9, 2015 Page 3 Commissioner Sims asked if this affected the road going to the west. Ms. Hanson indicated the road will only go to the west if this development is approved. Mr. Sims asked what the status was of the land going to the west to Hanson. Ms. Hanson stated the developer has agreements with the land owners for the road to go through. Commissioner Koehler asked if anyone from staff talked to the Met Council that this will go through. Ms. Hanson stated she has worked closely with Met Council on this. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:13 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Gudmundson asked why the parcel changed. Mr. Shawn Wyland, SW Land, stated in order to facilitate the length of the road going out to Hanson Boulevard they had to have a way to pay for this and there were no additional sewer units available to do this. They were limited to the number of sewer units they had so they moved them from the back of the property to the area shown. At the same time the City purchased the open space so they took into consideration the transition between the rural residential and open space and felt they came up with a nice plan and the change helped facilitate it. Commissioner Gudmundson asked where the road will be going in. Ms. Hanson showed on the map where the road will go in to connect to Hanson Boulevard. Mr. Carlberg reviewed the City owned property with the Commission including thirty acres of open space next to this development. Commissioner Nemeth stated the applicant stated there was not enough sewer units with the additional development however he was confused because he thought there was enough units with switching out the 10.8 with the 9.98 acres. Mr. Wyland stated there is enough and that is the reason for the switch. There were not any additional units that they could add but there was enough to make the switch. Mr. Carlberg stated there were some challenges in bringing sewer up into the back or north area of the development, which is why a switch was made. It made more sense to bring sewer to areas that could be readily served than to reach further north. Commissioner Peterson asked what the long term plan for other open space was in the area. Mr. Carlberg reviewed the open space areas with the Commission noting how they will be utilized and integrated with the developments in the area. Commissioner Sims asked what the process was around purchasing the ten acres. Mr. Carlberg stated during the negotiations and discussions of purchasing the forty acre piece they had discussions with the developer that the road going out to Hanson may need to go north around a black ash swamp to limit the impact to that swamp so they decided not to © purchase that ten acres with open space funds and use a different fund so they would have Regular Andover Planning and Zoning Commission Meeting Minutes —June 9, 2015 Page 4 the ability to move the road north. The City Council was involved in this process through a number of meetings. Motion by Peterson, seconded by Sims, to close the public hearing at 7:24 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Nemeth asked in regards to the ten acres that is not a part of the open space, what happens to it if this does get approved, will it remain City land or become part of open space. Mr. Carlberg stated they will be in negotiations with the developer to purchase that land and it will be incorporated as road and additional lots in that area. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Resolution as written. Commissioner Sims stated his feeling was that this does not meet the criteria of changing because they just changed this last year and it feels like the City is changing the rules because a developers' idea did not work out. Commissioner Koehler stated he agreed however in this situation the City has a vested interest in seeing their road infrastructure and transportation develop according to the plan that they have set forth. They want to connect to Hanson and if they go ahead and © continue with the way things were set up originally, that became difficult due to some issues brought up by the DNR. He stated that City staff has worked with the developer to come up with a solution that is palatable to both the City and developer. He thought this benefits everyone including the residents of the City in terms of a transportation plan and he felt this made sense to do this amendment. Commissioner Nemeth stated when he looked at the review criteria he felt number six in the resolution "to ensure transition or buffer between the urban and rural residential zoning districts" applied and after seeing the plat he thought this fits and gives that transition because of the piece of property to the north of it. It provides that transition from the urban low to the rural residential to a much bigger piece of property. Mr. Carlberg stated the City does not bend any rules but they have processes and procedures for making changes and in this case an amendment to the Comprehensive Plan is the proper process and there has been new information and changes that warrant the amendment. He wanted to make sure it was clear that we are not bending any rules; they are going through a proper procedure to make changes because the changes are warranted at this time. Motion carried on a 6 -ayes, 1 -nays (Sims), 0- present, 0- absent vote. Community Development Director Carlberg stated that this item would be before the © Council at the June 16, 2015 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes —June 9, 2015 Page 5 x OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. ADJOURNMENT. Motion by Nemeth, seconded by Koehler, to adjourn the meeting at 7:37 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. x