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HomeMy WebLinkAboutJuly 14, 2015E40 x a �'Wmll 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 July 14, 2015 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — June 23, 2015 Regular Meeting 3. Public Hearing: Planned Unit Development Amendment - Country Oaks West C.I.C. No. 22, Block 1, Lots 12 through 23 — to modify the architectural elevations of the detached single family town homes — Capstone Development 4. Public Hearing: Interim Use Permit (IUP 15 -02) — White Pines Wilderness 2nd Addition Outlot A — Land Reclamation — Larry Emmerich 5. Public Hearing: Interim Use Permit Amendment (IUP 15 -03) — Country Oaks North — Land Reclamation — Richard Kuiken 6. Public Hearing: Interim Use Permit (IUP 15 -04) — Country Oaks North 2nd Addition — Land Reclamation — SW Investments 7. Other Business 8. Adjournment Walrte`... PLANNING AND ZONING COMMISSION MEETING —JULY 14, 2015 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 14, 2015, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. Commissioners Timothy Cleven, Lynae Gudmundson, Bert Koehler IV, Kyle Nemeth and Jeff Sims. Steve Peterson. Community Development Director Dave Carlberg City Planner Stephanie Hanson Others June 23, 2015 Regular Meeting Commissioner Nemeth stated on page 2, 7 1 paragraph down, last sentence states "Commissioner Peterson asked how high the berm ... he responded it appears to be 896 feet." He did not understand if this was supposed to be 8 feet or 9 feet in height. Mr. Carlberg indicated that was an elevation number, 896 feet in elevation. Commissioner Nemeth requested "...896 feet in elevation" be added. Commissioner Nemeth stated on page 5, last paragraph, fourth sentence down states "...they did discuss unit size, unit mix, and unit quantity with the consultant from Clifton, Larson, Allen and were told to not not to bother creating efficiencies." Commissioner Nemeth stated on page 6, first sentence, should read, to clarify "an efficiency apartment, or to squeeze all of their furnishing into a studio or efficiency" Commissioner Nemeth stated on page 7, second paragraph, Commissioner Peterson asked if the days and times open are consistent with Arbor Oaks." And he would like to add a fourth paragraph to page 7 to entertain that Mr. Fink from Trident Development did come forward to the podium to answer any questions. 0J Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 2 ® Motion by Nemeth, seconded by Koehler, to approve the minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. PUBLIC HEARING: Planned Unit Development Amendment — CountryOaks West C.I. C. No. 22, Block 1, Lots 12 through 23 — to modify the architectural elevations of the detached single family town homes — Capstone Development City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a Planned Unit Development Amendment for Country Oaks West. City Planner Hanson reviewed the proposed Planned Unit Development with the Commission. Commissioner Nemeth asked if the changes in the homes, styles, and floor plans are driven by the applicant or by staff, or the City Council. He wondered why the change and why they are reviewing it. Ms. Hanson indicated Shadow Ponds is looking at buying these lots and they had taken a look at what was approved previously in the elevations and floor plans. They do build in Andover, Capstone Homes, so they know the market needs here and realize what is being proposed is a better product that may be a better fit in this area and to also fit into the price range of the area. Commissioner Nemeth asked if there was a change in the ownership. Ms. Hanson stated Lamb Properties owns the property right now but Shadow Ponds has a purchase agreement to purchase the property. Commissioner Koehler asked if the City had any concerns about how the new designs and elevations fit in with the existing neighborhood around it. Ms. Hanson stated they did not and felt the homes being proposed are similar to the homes that are across the street and within the Country Oaks West development. Commissioner Gudmundson asked what the price point is for these homes and what the previous price point was. Ms. Hanson thought that was a question the developer could better answer. Motion by Koehler, seconded by Nemeth, to open the public hearing at 7:10 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Ms. Michelle Baker, representing Country Oaks Townhomes, 16167 Unity Street NW, Andover, stated their biggest concern was that the properties were sold which they did not know about previously and the Association was not completely taken care of They were under the impression that the Association was either going to be dissolved or kept but either way the sprinkler system needed to be taken care of She stated they were under the understanding that before anything happened that it would be taken care of and it was not. She wondered how this was going to be taken care of. She asked if the Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 3 homeowners need to take care of it or who will take care of it. Chairperson Daninger stated he was going to pass this along to staff because it was his understanding that the Planning Commission was looking at the architectural design. Ms. Hanson stated this will need to be handled between the developer and the homeowners. She reviewed some history of this with the Commission. Ms. Baker asked if there was a condition for the previous owner to separate the irrigation before he could sell the property and if that is the case why is that condition not there for the new builder. Ms. Hanson stated when this previously came forth it was a replat of the area and was going to be replatted as single family homes and as a condition of that he did need to work with the Association on the irrigation systems but that was pulled and they are not replatting this area anymore. Ms. Baker asked if it was correct that there are still four lots even with the ten sold that are still under the Association that has to get removed from the Association before they can be built on. Ms. Hanson believed the representative could speak regarding the Association documents. Mr. David Bell, 1045 162nd Lane NW, stated his understanding that before the property was sold or developed, Scott Wold was supposed to take care of the Association with all of the problems they had. He wondered if the entire development will be single homes and part of the Association. Mr. Carlberg stated they have not done or changed anything with the Association so all of the properties are listed as a part of the Association or as additional real estate to be added. Mr. Bell asked if they were developing this as a part of the Association. Mr. Carlberg felt this was a discussion between the current owners and the new owner of the development. Commissioner Gudmundson asked if when they talked about the PUD, did they not talk about all of the issues related to the Association. She thought the entire Commission was concerned that the people would not be able to sell their properties based on what was going on with the Association and they talked about the sprinkler system. She thought their conditions on the PUD was where that was all taken care of Mr. Carlberg stated the replat of the property has gone away. Commissioner Gudmundson thought they discussed this further when the developer came before them on the special restrictions on the size of the lot and setbacks. She thought they discussed all of those issues again. Mr. Carlberg stated he did not recall the discussion. He knew there was a concern about the irrigation issue from day one. This comes down to being an Association issue and not something for the City to deal with in the PUD amendment process. Commissioner Gudmundson stated they made special conditions available to them the second time through. Mr. Carlberg stated they did not make any conditions in the PUD amendment for the color elevations and the deviation to the side yard setbacks related to irrigation. He thought there was concern but no conditions were placed upon land properties that they had to deal with irrigation. He stated staff would research that. Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 4 V Ms. Therese Brenemis, 1040 161" Lane NW, stated when they bought their homes and got their Association declaration, all of those units were and still are a part of the Association. She did not understand how they can say this is an Association with a new place because they have to be in the Association unless somebody has said they are not part of that anymore. She stated it is their issue as well. Mr. Carlberg stated that was correct and he believed the lots were listed as additional real estate in their Association and the City has not changed the status of that so how this group deals with the Association and their issues is up to them but the City does not have any requirements because they still meet all of the City requirements for what the lots were originally platted, as in the Country Oaks West development. Mr. Ben Minks, Capstone Homes, came up to the podium to answer questions. Commissioner Gudmundson asked what the previous price point was for the homes. Mr. Minks indicated he did not know what the prior developer had going. He stated the price point for their homes would be approximately $225,000 to $300,000, which is similar to what they built at Parkside. Commissioner Gudmundson asked if the developer will be making changes to the current townhomes to make them fit in to the new development. Mr. Minks indicated they would not be making any changes to their homes. ® Chairperson Daninger asked if Mr. Minks was aware of the residents' concerns. Mr. Minks stated they were aware of this. It was his understanding that there are twelve lots and the first eight units are not in the Association, the last four units in the south are in the Association. He stated they would have to join the Association, build the homes and the buyers would become a part of it or if this Association decides to disband the Association and every one of the homes becomes their own residence and take care of their own lawn, that would be great and they would be cooperative with that. He knew there were sprinkler issues going on and the sprinklers would have to be separated. He noted they have a good sprinkler crew they work with and they can offer their services to help them with that. Chairperson Daninger stated the Commission is only looking at the amended PUD tonight regarding the house style and elevations and what is before them and the Association will have to work out their issues with the developer on their own. Motion by Nemeth, seconded by Koehler, to close the public hearing at 7:30 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Koehler stated each of the conditions in the PUD say that the resolution from the previous PUD applied and holds forth and this is amendment to it. He stated he was going through them in his packet and he did not see any reference to a sprinkler © system in them so he wondered if there was something he was missing. Commissioner Nemeth remembered discussing this but thought they directed staff to investigate it. He Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 5 also thought there was a titling issue that came up as well with the properties. Mr. Carlberg stated that was related to the replatting of the property and conditions were listed. Staff is aware of the sprinkler issues and hopes they get it resolved but with the PUD changes, there is no mechanism in place to enforce it. Commissioner Gudmundson thought ultimately the homes look great and would be a great fit but thought they needed to put on the record for protection of the City and residents that if they dissolve the Association they might get the big chunk out free and clear but the homeowners might not be left with a clear title and could be an issue for the City as well as the homeowners. Commissioner Koehler asked if there was any reason why they would not approve this PUD tonight. He stated while Commissioner Gudmundson' comments are well pointed and needs to be addressed at some point that is not what is before them. Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of the amendment to the amendment of the original PUD as written with the notations that were brought up by both the residents and Commission. Motion carried on a 6 -ayes, 0- nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING: Interim Use Permit (IUP 15 -02) — White Pines Wilderness 2nd Addition, Outlot A — Land Reclamation — Larry Emmerich City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for White Pines Wilderness 2nd Addition, Outlot A, Land Reclamation. City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Koehler asked if the pile of dirt was roughly 12 feet high and that City Staff recommended the dirt be used by October 31, 2017, what is their concern if goes into 2019. Ms. Hanson stated that an IUP is allowed for up to five years and that is what Mr. Emmerich is asking for. She also stated the Watershed has a permit approved for the date the Engineering Department put on their memo which is October 31, 2017 so if it does go beyond that date Mr. Emmerich would have to get an extension on his permit from the Watershed District. Commissioner Koehler asked why the Watershed District did not approve this to go to 2019 or were they not even asked. Ms. Hanson indicated she did not know. Commissioner Gudmundson asked if the neighborhood was notified. Ms. Hanson stated a neighbor did call with concerns about the pile of dirt being there for five years. X Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 6 Commissioner Koehler wondered what type of grass will cover the pile. Ms. Hanson stated the piles do need to be seeded. Commissioner Koehler asked if there were any concerns about wildlife and the surrounding homes. Ms. Hanson stated there was not. Commissioner Nemeth asked what an "as built" is. Ms. Hanson stated that was a survey to make sure the elevation is brought down to what it previously was. Chairperson Daninger asked if the soil will be used for the P addition. Ms. Hanson stated it will be and no dirt will be taken off site. Commissioner Cleven understood on an IUP they can request an extension and eliminate the need to haul dirt off site and he also thought there was a concern by the Watershed Districts for water runoff and washing out the vegetation. Commissioner Nemeth asked for clarification that if they do decide in 2017 that additional time is needed, will they be able to extend that IUP. Ms. Hanson stated they can make the request for an extension and receive an extension as long as the Watershed District also extends it. ® Motion by Nemeth, seconded by Cleven, to open the public hearing at 7:44 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Gudmundson, seconded by Koehler, to close the public hearing at 7:44 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Chairperson Daninger felt the IUP was a little long and wondered if they should match the timeline of the Watershed District. Commissioner Nemeth concurred. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Interim Use Permit changing the date from July 21, 2019 to October 31, 2017. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING: Interim Use Permit Amendment (IUP 15 -03) — Country Oaks North — Land Reclamation — Richard Kuiken City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit Amendment for Country Oaks North, Land Reclamation. IM Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 7 City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Nemeth asked if the current stockpile was already there. Ms. Hanson indicated it was. Commissioner Nemeth stated in the resolution, they have the hours of hauling but the pile is already there so are the hours for when they actually move the stockpile. Ms. Hanson stated the hours were for when they moved the dirt to the stockpile but would be the same when removing the dirt from the stockpile. Ms. Hanson stated all of the materials will remain on site and none will be removed from the site. Commissioner Cleven asked if they have received an extension of time from the Watershed District. Ms. Hanson stated they have not and is something they will need to do as part of the process. Commissioner Nemeth asked if they do not receive approval from the Watershed District then does their approval become null and void or do they need to wait for the Watershed District approval before the City approves it. Ms. Hanson stated it would be null and void because they do have condition four that it needs to be in compliance with the Lower Rum River Watershed District. Commissioner Nemeth asked if there have been any complaints or comments for neighbors regarding the stockpile being there. Ms. Hanson stated there have not been any calls. Chairperson Daninger asked how long does it take from the time of application submittal to approval. Ms. Hanson indicated it takes approximately six to eight weeks. Chairperson Daninger asked why they are approving something until they know it is needed. He retracted his question. Motion by Nemeth, seconded by Gudmundson, to open the public hearing at 7:54 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Nemeth asked Mr. Wold to answer Chairperson Daningers' question. Mr. Scott Wold, SW Land, 3408 167th Lane NW, stated they are trying to be proactive with it and would rather be ahead of the game. They are making application with the next one. They are doing a little bit of regrading preparing for their next site, north side of Country Oaks North and they will be stockpiling some dirt as well on the north forty in their next phase and when they do that they will put more dirt on this pile before finalizing it. He stated in doing this they are bringing both applications to the Watershed District for approval and going for an extension to be proactive. Commissioner Nemeth stated it is noted there may be unforeseen circumstances and he assumed these are things outside of Mr. Wold's control and he wanted to make sure there are no other additional issues that they see at this time. Mr. Wold indicated there were none. Regular Andover Planning and Zoning Commission Meeting Minutes —July 14, 2015 Page 8 Eld Commissioner Cleven asked if this will be the last extension or will there be more extensions. Mr. Wold thought this would be the last extension. Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:58 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Gudmundson thought if the dirt was not used what would happen, what the plan would be and what ramifications they would have. Mr. Carlberg stated if conditions change and residential projects stop altogether the applicant could come in and request an extension of the IUP. Another option would be to haul it off and amend his IUP and come up with haul routes and a plan and it would be taken off the site. Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of the Interim Use Permit for Country Oaks North, Land Reclamation. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. PUBLIC HEARING. Interim Use Permit (IUP 15 -04) — Country Oaks North 2nd Addition —Land Reclamation — SW Investments City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on an Interim Use Permit for Country Oaks North 2 °d Addition, Land Reclamation. City Planner Hanson reviewed the proposed IUP with the Commission. Commissioner Nemeth stated in the Engineering Report, item four, it says to show haul route and he did not see a haul route or a dust control on the haul route. He asked if this is remaining within the property itself. Ms. Hanson stated it was remaining on the property and she would have to ask Engineering for clarification on that. Commissioner Nemeth asked if the hours of hauling already discussed with the last IUP and the one they did a couple months ago are the same. Ms. Hanson stated it is the same hours as the mining operations that were approved. Commissioner Nemeth asked if there have been complaints, comments or concerns by neighbors who abut this. Ms. Hanson stated they have not heard any public comments. Commissioner Nemeth asked if there will be some type of erosion control for this besides hydro seeding. Ms. Hanson stated as part of the Watershed District permit they have to have the vegetation and silt fencing around it. L: J Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2015 Page 9 Motion by Nemeth, seconded by Sims, to open the public hearing at 8:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Nemeth, seconded by Koehler, to close the public hearing at 8:08 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Koehler, seconded by Cleven, to recommend to the City Council approval of the Interim Use Permit for Country Oaks North 2nd Addition, Land Reclamation. Commissioner Nemeth asked if staff will make sure the dirt will not blow off the pile because the neighbors in a previous IUP had issue with dirt blowing all over their neighborhood. Ms. Hanson stated City Staff does inspections of the site as grading is being done. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Community Development Director Carlberg stated that this item would be before the Council at the July 21, 2015 City Council meeting. 0 OTHER BUSINESS. Community Development Director Carlberg updated the Planning Commission on related items. Commissioner Nemeth proposed they put together a workshop meeting before their next Planning Commission meeting to discuss the subordinate classroom structures and possibly discuss PUD's. Mr. Carlberg stated if they can have it for the August meeting they will otherwise it would be September because some research needs to be done on those items. ADJOURNMENT. Motion by Nemeth, seconded by Cleven, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.