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Andover Planning and Zoning Commission
Meeting Agenda
November 10, 2015
Andover City Hall
Council Chambers
7:00 p.m.
1. Call to Order
2. Approval of Minutes — October 27'h Regular Meeting
3. Public Hearing: Rezoning R -1, Single Family Rural to R4, Single Family
Urban - Country Oaks North 2nd Addition — SW Land, LLC
4. Public Hearing: Preliminary Plat of the Planned Unit Development - Country
Oaks North 2" Addition —SW Land, LLC
• 5. Other Business
a. Approve 2016 Meeting. Schedule
6. Adjournment
•
M •, Ail
PLANNINGAND ZONING COMMISSIONMEETOVG— NOVEMBER 10, 2015
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on November 10, 2015, 7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Commissioners Lynae Gudmundson, Bert Koehler IV,
Kyle Nemeth and Jeff Sims.
Commissioners absent: Commissioners Timothy Cleven and Steve Peterson.
Also present: Community Development Director Dave Carlberg
City Planner Stephanie Hanson
Others
•
APPROVAL OFMINUTES.
October 27, 2015
Motion by Nemeth, seconded by Koebler, to approve the minutes as presented. Motion
carried on a 4 -ayes, 0 -nays, 1- present ( Gudmundson), 2- absent (Clever, Peterson) vote.
PUBLIC HEARING: Rezoning R -1, Single Family Rural to R -4, Single Family Urban
— Country Oaks North 2nd Addition — SW Land, LLC
City Planner Hanson noted the purpose of this item is to hold a public hearing and take
input on the rezoning of property from R -1, Single Family Rural to R -4, Single Family
Urban for Country Oaks North 2"d Addition.
City Planner Hanson reviewed the proposed rezoning with the Commission.
Commissioner Gudmundson asked what is located to the west of the parcel and why
didn't they rezone the entire parcel. Ms. Hanson stated the area is proposed to be a part
of the development but they will be rural lots.
Commissioner Sims asked who makes the determination regarding times and events
changing. Ms. Hanson stated that was determined once the Comprehensive Plan
Amendment was proposed and approved. What happened at that time was the municipal
Regular Andover Planning and Zoning Commission Meeting
Minutes - November 10, 2015
Page 2
• services were extended to this area to allow for urban development. She stated the land
use is guided for this and now it needs to be rezoned as well so it will match.
Motion by Koehler, seconded by Gudmundson, to open the public hearing at 7:06 p.m.
Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Clever, Peterson) vote.
Mr. James Selmer, 17000 Ward Lake Drive, stated when his sister and he sold the forty
acres to the City of Andover they were going to have the entire forty acres as open space
and now they have removed ten acres to be sold and built on with the residential homes
plus sewer and water was brought onto the property and when they sold the property they
did not get hardly anything compared to the ones that have sewer and water on them. He
felt they were taken advantage of
Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:09 p.m.
Motion carried on a 5 -ayes, 0 -nays, 0- present, 0- absent ( Cleven, Peterson) vote.
Commissioner Gudmundson asked for a comment regarding the property being originally
purchased for open space. Mr. Carlberg asked that the question be held until the
preliminary plat item.
Commissioner Koehler stated the Commission received an email regarding the rezoning
• and it seems that quite a bit of the email has to do with the platting than the rezoning but
there were a couple of concerns that did appear to be more rezoning in terms of whether
or not the land can sustain the amount of water draw and things like that if they were to
rezone the land to a more denser area. He asked if there have been any studies or
evidence that would bear out the land can withstand the amount of additional occupants
on it in teams of aquifers and things like that. Mr. Carlberg stated there have been
studies done in this area about the develop ability of this area.
Mr. Carlberg reviewed the studies that have been done to show that the area can support a
development that is being proposed and they should not see any of the concerns and
issues that were brought up in the email.
Motion by Koehler, seconded by Nemeth, to recommend to the City Council approval of
Rezoning R -1, Single Family Rural to R -4, Single Family Urban for Country Oaks North
2" a Addition. Motion carried on a 4 -ayes, 1 -nays (Sims), 0- present, 0- absent ( Cleven,
Peterson) vote.
City Planner Hanson stated that this item would be before the Council at the November
17, 2015 City Council meeting.
PUBLICHEARING. Preliminaty Plat of the Planned Unit Development - Conway
is Oaks North 2rt" Addition - SWLand,LLC
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 10, 2015
Page 3
• City Planner Hanson noted the purpose of this item is to hold a public hearing and take
input on the Preliminary Plat of Country Oaks North 2 "d Addition.
City Planner Hanson reviewed the proposed Preliminary Plat with the Commission.
Mr. Carlberg addressed Mr. Selmer's question from the previous public hearing. He
reviewed the purchase agreement that was made with Mr. Selmer by the City and
reviewed the history of the area.
Commissioner Gudmundson asked for clarification on what area will be included in the
development and what part of the development will be in the MUSA. Ms. Hanson
reviewed the areas of the development that will have individual septic and wells and
which portions of the plat will have individual septic systems and the potential for City
water.
Commissioner Nemeth asked what is going to occur with outlet B, will that stay as is or
will there be some development on it in the future. Ms. Hanson stated at this time it is
there as the emergency access across the tracks to the east to Ward Lake Drive. They do
not have an additional unit right now but could possibly be developed in the future if a
sewer unit became available.
• Commissioner Nemeth stated currently the map shows Wintergreen Street ending at the
north end of the plat and he wondered if there would be a cul -de -sac with anticipation of
it being extended to the north. Ms. Hanson stated in the future it could be extended and
there will be a sign at the end of the street noting that.
Commissioner Nemeth stated there is currently a trail access planned from 167" to
Hanson and does Hanson have an actual trail or will there be an opportunity at some time
for a trail to be along Hanson Boulevard. Ms. Hanson stated in the future there could be
a trail. Commissioner Nemeth asked if there is a timeline on when a trail will be put on
Hanson Boulevard. Ms. Hanson indicated there was not.
Commissioner Sims asked how the MUSA line got determined to be placed where it is.
Ms. Hanson stated that based on studies there is a certain amount of sewer connections
available and that was what it was determined on.
Commissioner Sims asked in the future if MUSA were to move to the north would the
septic systems be in the way. Ms. Hanson indicated the MUSA will not be extended to
the north in the future because the City is at their capacity for MUSA in this area of the
City.
Commissioner Sims asked if they had any one -acre lots in any other part of the City. Ms.
Hanson stated they do in some older developments. Mr. Carlberg noted in the 1990's
• they did some planned unit developments with one acre lots. He stated the purpose of
these lots in the proposed plat is to provide a transition from urban lots to rural lots.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes —November 10, 2015
Page 4
Commissioner Koehler stated in the email there were two main concerns in the platting
and he thought for the most part they have been addressed. One of the concerns was the
lack of recreational areas for youth and they do have a park built into this development.
He stated another issue is with no services for the homeless, youth, disabled, and elderly
in the development and he thought they considered these issues as a City as a whole and
not by a unit -by -unit basis. He stated they do have senior citizen homes and services for
the homeless and disabled. He wondered if there was anything in the email that has not
been addressed. Mr. Carlberg stated there are a number of concerns in the email but he
believed the concerns are addressed through the development He did not think there was
anything in the email that warrants a revision to this project or not doing this project.
Commissioner Koehler agreed and thanked Ms. Awness for sending a constructive letter.
Chairperson Daninger stated on April 14, 2015 this was a sketch plan that came before
them and then went onto the City Council and he asked what has changed in the sketch
plan since then. Ms. Hanson indicated not much has changed. She showed the original
sketch plan and indicated the plans are almost exactly the same.
Motion by Koehler, seconded by Gudmundson, to open the public hearing at 7:47 p.m.
Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Clever, Peterson) vote.
• Mr. Selmer asked why this was changed from 2.5 acres to 1 acre if it is all going to be
rural. Chairperson Daninger indicated this is a PUD and sometimes there is a give and
take between the City and the developer.
Mr. Scott Weld, SW Land, 3408 167`s Lane, Andover, was at the meeting to answer
questions.
Commissioner Nemeth stated they received pictures of some of the homes that are going
to be built and he wondered what the price points will be for them. Mr. Weld stated in
Country Oaks North that has already been established that the average sales price started
around $340,000 going up to the $500,000 range and that is what they are seeing now as
they go into the estate style lots in this project. They are seeing the price of the lots and
homes getting larger. The homes in the photos are going to be pushing the $600,000
range because of the larger lots and will be nicer homes.
Commissioner Nemeth asked if the price point included the lots as well. Mr. Weld stated
they did.
Commissioner Nemeth stated in regards to the actual non -rural lots, will there be trees or
plants on each of the lots. Mr. Weld stated City Ordinance requires them to put two trees
on every lot and this will be done throughout the entire development. The nice thing
about the rural lots is that every one of them is nicely wooded and will enhance
• themselves because of the resources already there. He stated they are not proposing
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 10, 2015
Page 5
• anything additional at this time. They are landscaping on each individual lot in the
development and spending above what is standard for residential developments.
Ms. Hazel Blanchette, 1516 122vd Avenue NE, Blaine, stated she delivers papers in Hugo
and Blaine and she sees all of the huge houses and she wondered why they make the
houses so big and why is one garage pushed back and the other one sticking out in front
further. She thought it would be easier for the builder to make the garages even.
Chairperson Daninger stated supply and demand drives the house size and how the house
is designed and what people want.
Motion by Nemeth, seconded by Gudmundson, to close the public hearing at 7:54 p.m.
Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote.
Commissioner Koehler asked if there was a timeline from the developer on when this
project would get started. Mr. Wold reviewed the timeline for the project with the
Commission.
Commissioner Sims stated it feels like they are changing the zoning to adhere to the
developer and now they are adding a PUD, which changes the zoning again to adhere to
the developer again. He wondered why an individual needs to stick to the rules laid out
by the City but a developer does not need to and why can they dictate what the rules are.
• He noted he has been on the Commission for almost a year and it seems like most of the
situations that comes through they are accommodating or twisting or bending the rules to
adhere to the developer. He felt they need to step back and take a look at their rules and
standards and question why they are not adhering to them.
Commissioner Gudmundson stated in this case the MUSA is involved and that changes
everything.
Mr. Carlberg stated the City and staff does not bend the rules and they do not like to hear
comments like that come out because everything that is done here is done under a
process. He reviewed the processes that were followed and indicated the PUD allows
flexibility and the developer has chosen to use a PUD to create some amenities and some
transitional lots to buffer between urban and rural which was directed and desired by the
City through this process. Everything they do is grounded in City Regulations and Code
and can change.
Commissioner Nemeth stated having been at the Andover Family Fun Fest he had some
people come up to him and state they wanted larger lots but did not want 2.5 acre or forty
acre lots and this fills some of the need. He stated the City is ever changing and as a
Commission body they are to actually look and if there is an individual who has a need,
they are welcome to submit an application and come before them to be heard and voted
for or against the item. He thought this goes through a good process and the City will
• always be changing because the residents are coming and going and the City is growing.
In order for them to continue to meet the needs of the residents they have to have new
Regular Andover Planning and Zoning Commission Meeting
Minutes — November 10, 2015
Page 6
• development. He stated he kind of understands Commissioner Sims thought process but
thought the City is ever changing and growing.
Commissioner Koehler stated if there are hard and fast rules and a guidebook they should
follow then the Commission is no longer needed. He stated these are tools and it is up to
them as a Commission to use the tools to promote the City the way it benefits the citizens
the most. Because someone chose a PUD, it is one tool and is up to them to evaluate that
and make recommendations to City Council. They do not roll over for every developer
that walks through the door and suggested Commissioner Sims look back further than a
year through the minutes to see that. He stated he was in the same boat as Commissioner
Sims when he first started and realized there are not just hard rules, but also tools for
them to use.
Chairperson Daninger stated times and conditions do change and if they did not address
the changes they would still have junk yards and tires in Andover. He stated he has been
on the Commission since 1998 and considered himself conservative and did not care who
the applicant is. When Commissioner Sims used the words `rubber stamp ", he indicated
he gets a little concerned with that because being conservative and saying the rest of the
Commission is rubber stamping this, he disagreed with. He respects Commission Sims
opinion because they all have their own opinions and can make their choice and can vote
how they want.
• Commissioner Nemeth thanked City staff for all the hard work they do before the items
get in front of the Commission. He did not think they rubber stamp anything and they
made Walmartjump through hoops and made them go back and make changes. They do
as a body make recommendations and make changes and do not approve whatever is in
front of them without reviewing them.
Commissioner Gudmundson stated she was comfortable with the one -acre lots that have
the City water and need the sewer and thought it was a good transition. She stated she
would be more comfortable if the five lots to the west that need all private utilities, were
all 2.5 -acre lots. She was not sure why they would allow them to go below 2.5 acres
there needing all private utilities and thought they could be configured where they could
get three or four in there at 2.5 acres with a slightly larger park or something.
Commissioner Koehler thought the lots were the sizes they are is because of the
wetlands. The road had to be pushed up and there is no other easy way that he can see to
make them smaller. The concern he had is what will happen when this develops to the
north. It was noted the northern area is open space. Commissioner Koehler wondered
what size is going to be matched around this development as they go forward.
Commissioner Nemeth concurred with Commissioner Gudmundson but was hoping to
see a few more one -acre lots because of the demand he has heard from individuals that
came before him.
•
Regular Andover Planning and Zoning Commission Meeting
Minutes— November 10, 2015
Page 7
Commissioner Sims stated he moved to Andover because of the rural areas in the City
and he was not for changing the zoning from rural to urban. He stated he was not a fan of
extreme growth.
Motion by Nemeth, seconded by Koehler, to recommend to the City Council approval of
the Preliminary Plat of the Planned Unit Development of Country Oaks North 2nd
Addition with the following two changes: changing Condition #1 to read: a combination
of park land dedication, cash dedication and trail dedication as recommended by the Park
and Recreation Commission with final approval by City Council and adding Condition
#11, exhibit C which are the home provided to the Commission. Motion carried on a 3-
ayes, 2 -nays (Gudmundson, Sims), 0- present, 2- absent ( Cleven, Peterson) vote.
City Planner Hanson stated that this item would be before the Council at the November
17, 2015 City Council meeting.
OTHER BUSINESS.
a. Approve 2016 Meeting Schedule
Motion by Nemeth, seconded by Koehler, to approve the 2016 Meeting Schedule.
40 Motion carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Clever, Peterson) vote.
Community Development Director Carlberg updated the Planning Commission on related
items.
Commissioner Nemeth stated on the comer of Hanson and Bunker now has retail space
for lease and wondered what is going into the space. Mr. Carlberg stated on the
December agenda the Commission will have a number of applications related to that
property. There is a proposal for a 13,000 square foot retail L- shaped strip center, which
has the potential for two to three restaurants. There will be a CUP request for a drivo-
thru, a CUP request for retail trade and services. That comer is industrially zoned
therefore a CUP is required for retail trade and services in that zoning district and then
because of the larger right -of -ways along Hanson and Bunker, to make that project fit
they will be asking for a variance to the parking setback requirement from the property
line to make that fit to accommodate the uses being proposed.
Commissioner Nemeth asked if it will need to be rezoned. Mr. Carlberg stated it will not
need to be rezoned because they will accomplish everything needed to be done through
the CUP process.
• ADJOURNMENT.
Regular Andover Planning and Zoning Commission Meeting
Minutes— November 10, 2015
Page 8
Motion by Koehler, seconded by Nemeth, to adjourn the meeting at 8:22 p.m. Motion
carried on a 5 -ayes, 0 -nays, 0- present, 2- absent (Cleven, Peterson) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver Off Site Secretarial, Inc.
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