Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
July 23, 2019
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 23, 2019 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — July 9, 2019 Regular Meeting 4. Public Hearing: Consider Rezoning Request — Rezone properties from RR — Rural Residential to R4 — Single Family Urban - PIN 13-32-24-32-0003; 680 Constance Blvd.; 16019 Constance Blvd. — Nathan Jones (Applicant — Villas at Crosstown Woods, LLC) Public Hearing: Consider Preliminary Plat and Planned Unit Development — The Villas at Crosstown Woods — PIN 13-32-24-32-0003; 680 Constance Blvd.; 16019 Constance Blvd. —Nathan Jones (Applicant — Villas at Crosstown Woods, LLC) 6. Other Business 7. Adjournment D� Lel Fie LJ F PLANNINGAND ZONING COMMISSIONMEETING — JULY 23, 2019 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bert Koehler IV on July 23, 2019, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Karen Godfrey, Scott Hudson, Nick Loehlein, Jeff Sims, and Mary VanderLaan Commissioners absent: Dean Daninger Also present: Community Development Director Joe Janish City Planner Stephanie Hanson PLEDGE OFALLEGIANCE APPROVAL OFMINUTES July 9, 2019 Regular Meeting: Correct as written. Motion by Godfrey, seconded by VanderLaan, to approve the minutes as presented. Motion carried on a 4-ayes, 0-nays, 2-present (Loehlein, Sims), 1-absent (Daninger) vote. PUBLIC HEARING: Conditional Use Permit — Rezoning Request - Rezone from R-1 Single Family Rural to R-4 Single Family Urban — PIN' s 13- 32- 24- 32- 0001; 13- 32- 24- 32- 0002; 13- 32- 24- 32- 0003 Nathan Fair (Applicant— Villas at Crosstown Woods, LLC). City Planner Hanson noted the applicant's name is Nathan Fair rather than Nathan Jones, indicating a typographical error was made. She oriented the subject property, consisting of approximately 20 acres, on a location map and stated the request from R-1 to R-4 may be approved if the City shall find one of two findings provided by state statute: 1) The original zoning was in error, which is not applicable; or 2) The character of the area or times and conditions have changed to warrant rezoning: The property is located within the Metropolitan Urban Service Area (MUSA) and is also in a current stage of sewer expansion and municipal services. The Andover Comprehensive Plan guides this area as Transitional Residential, which contains properties within the MUSA, currently zoned rural but are guided for urban development, and rezoning this property will prepare it for urban Regular Andover Planning and Zoning Commission Meeting Minutes —duly 23, 2019 Page 2 © development. The Planning and Zoning Commission is asked to consider recommending approval based on this information. She said the applicant is available for questions. Chairperson Koehler stated this request is to rezone the property and does not have anything to do with the development of the property, which is the next item on the agenda, and anyone wishing to comment regarding the development should wait until that time. Commissioner Hudson stated he heard or read information indicating the parcel is 20 acres, which City Planner Hanson confirmed as correct. Commissioner Hudson asked why the map indicates the parcel as ten acres. City Planner Hanson stated that was another typo; in the Public Hearing Notice she stated ten acres but it is about 20 acres. Chairperson Koehler said the Comprehensive Plan states the property is to be changed to either residential or commercial and asked for confirmation that the request is in compliance with the Comprehensive Plan. City Planner Hanson confirmed that as correct. Motion by Hudson, seconded by Loehlein, to open the public hearing at 7:06 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. © There was no public input. Motion by Loehlein, seconded by VanderLaan, to close the public hearing at 7:07 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. There was no further discussion. Motion by Loehlein, seconded by Godfrey, to recommend to the City Council approval of the rezoning request. Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. City Planner Hanson stated this item would be before the Council at the August 5, 2019 City Council meeting. PUBLIC HEARING: Preliminary Plat/Planned Unit Development (PUD) — The Villas at Crosstown Woods — Landmark of Andover, LLC — Nathan Fair (applicant). City Planner Hanson indicated the subject property on a location map titled The Villas at Crosstown Woods, consisting of 12 single-family homes and 36 villa -style units. As background information, the sketch plan was reviewed at the Planning and Zoning Commission meeting on January 22, 2019, and the City Council reviewed the sketch plan on February 19, 2019. Council provided recommendations to the applicant which included enhance architectural standards; internal trails and a trail connection to Crosstown Blvd; a © gazebo, grills and tables, some type of gathering place; and a tree preservation plan and buffering to provide separation from the Miller's Woods development. The developer is Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 3 © requesting a Planned Unit Development (PUD). The PUD is a common planning tool used in communities and provides more creativity and flexibility when a plat is being designed than the strict application of the regular City Code. The PUD must be demonstrated to the satisfaction of the City Council that a higher quality development will result because of it. City Planner Hanson said the Andover Review Committee (ARC) reviewed the preliminary plat and PUD and submitted comments to the applicant. It is in conformance with the Comprehensive Plan: 1) The property is located within the MUSA; 2) Pending tonight's action, the property is being proposed to be rezoned from R-1, Single Family Rural, to R- 4, Single Family Urban, to accommodate urban development. The low -density development is consistent with the Comprehensive Plan. A map was used to show access to the development using Crosstown Blvd through the Miller's Woods development and then Olive Street, and a new access using Constance Blvd/161st Avenue and Norway. Since the new access is on a county road, Anoka County Highway Division (ACHD) reviewed and provided access requirements to the applicant. The ACHD is requiring a right -turn lane and a left bypass lane at Norway Street and Constance Blvd. At the time of the sketch plan review, City Council supported the two existing accesses within Miller's Woods, Olive Street, and Norway Street, to be extended to the north to make the connection to this development. The proposed city streets within the development meet City Code requirements. Each of the lots will be served by municipal sewer and water, and there are 48 sewer hookups allocated to accommodate the housing in the development. The property © needs to be rezoned from R-1 to R-4. The applicant is proposing to deviate from the R-4 lot standards, including size and setback. City staff is concerned about the buildability of Lot 8 because of its shape; it appears the lot may not be wide enough for a home. The applicant indicated Jonathan Homes has a floor plan that would fit on the lot. City Planner Hanson provided a map of the landscape and tree preservation plan and stated the developer would like to preserve as many trees as possible. However, most of them will be removed because of requirements for stormwater treatment and grading purposes. She indicated on the map the trees that will be saved which will serve as a buffer between the Miller's Woods subdivision; those trees will be preserved with a Conservation Easement. She indicated the trees at the intersection of Crosstown Blvd. and Constance Blvd. that will also be preserved. Trees will be planted in each of the front yards to comply with City Code. City Code also requires screening between the rear yards and the adjacent street on double -frontage lots, and she indicated that area on the map. City staff has concerns with the planting of large -species trees such as the oaks and Kentucky coffee trees, as there may not be enough open space for the trees to meet their big width, as well as the trees will hang over the Right -of -Way and the roofs of the villas. The developer may want to consider looking at different species of trees for that area. Staff is also recommending the developer provide a landscaping plan for base plantings, at a minimum, within the front yard of the villas. With the PUDs and other detached villas in the City, it has been typical for City staff to get landscape plans on what type of plantings will be there. City Planner Hanson said the plat is in the process of being reviewed by the Coon Creek © Watershed District (CCWD). The developer will be required to meet all the conditions and Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 4 © obtain the proper permits prior to site work. The Park and Recreation Commission reviewed the request on February 7, 2019. The Commission is requesting cash -in -lieu of land for the development. However, the Commission discussed and acknowledged the need for a trail on the western side of the plat to connect with a future trail at Crosstown Blvd., which City Planner Hanson indicated on a map. City Planner Hanson stated the City regulates the findings that are required for a PUD to be approved. The applicant has addressed some of the findings such as: 1) The proposed development is not in conflict with the goals of the Comp Plan. According to the Comp Plan, the property can be developed as commercial or residential. The City is in favor of urban residential development in the area, and the overall density will match the Comp Plan. 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The PUD will provide a buffer with existing vegetation to provide privacy from the adjoining properties, especially separation from Miller's Woods. The smaller footprint of the lot and home provides an open space feel, and that will be managed through the Homeowner's Association. The 12 single-family homes will be of similar design and architectural standards as the single-family homes located to the south, within the Miller's Woods plat. 3) The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of the PUD. © City Planner Hanson used the overhead projector to show the table depicting the proposed PUD standards and where there are deviations. She stated there are Design Qualities identified by City Code to be considered when looking at a PUD and said the developer responded to those. She listed the qualities/responses such as: A) Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this Chapter. The developer is going with a cluster design technique which allows for woodland and open space preservation. There will be a trail easement to access Crosstown Blvd. B) Provides convenient and safe access for vehicles and pedestrians and all types of activity of the development. With the proposed wider streets, which meet city street standards, there will be safe access for vehicles and pedestrians. There will not be a lot of traffic in the development, so it provides a walkable, pedestrian - friendly neighborhood. They are hoping to encourage neighborhood gathering points on the street with the smaller yards and the houses set closer to the street. C) Provides a tree line buffer between the backyards of back-to-back lots. Through the use of the PUD, buffers are being provided where possible of existing vegetation. Using the map, she indicated the woodland trees along the south property line, which will be protected through a Conservation Easement, and the buffer area in the northwest corner. D) Preserves existing stands of trees or significant trees and provides additional planting. As mentioned, there will be stands of trees that will be saved. The developers are proposing the landscape plan will meet City Code; however, City staff is requesting a more detailed plan. The overstory trees will be a 2-inch caliper, which is larger than the required 1'/z inch. As part of the landscaping, there is a custom designed monument with a large planting bed within the © villa lot. City staff will make sure it meets the sightline triangle so it does not cause a safety issue when approaching the intersection. She stated the Planning and Zoning Commission Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 5 © is asked to hold a public hearing related to the preliminary plat and PUD, discuss the proposed PUD standards, and make a recommendation to City Council. The applicant is available to answer questions. Commissioner Loehlein asked whether a developer wishing to build a villa -style development in Andover has to do so via a PUD since the City has an R-4 for single-family houses but no zoning specific to villa -style housing. City Planner Hanson stated he was correct and added the City has an M-2 zoning which allows for attached townhomes but there is nothing regarding detached townhomes. Commissioner Loehlein commented that the table showing the R-4 standard against the villa area is helpful because often, when looking at a PUD and trying to assess where things are going differently than what the code prescribes, it is possible to assess for the single- family area but difficult when comparing the villa area to anything in terms of the standard. City Planner Hanson agreed and said she maybe should have put on the M-2, because there would have been more deviations for a detached townhome, rather than the R-4. Commissioner VanderLaan pointed out what she thought was a consistent typo, stating "Miller Woods" should be "Miller's Woods" and said, in the interest of accuracy, the developer should be communicating with Sathre-Bergquist to add the "s" so it is spelled correctly. © Commissioner Godfrey stated fire safety/consulting with the fire chief was not addressed in the information and asked whether additional hydrants would be installed and where the nearest hydrant would be in comparison to the new homes. City Planner Hanson answered that she would have to look at the utilities plan to find the answer but the fire chief has looked at the information and, even with the requested side yard setbacks, there were no concerns from him. Commissioner Sims asked whether a calculation was done regarding how many homes could be built if a PUD was not done. City Planner Hanson stated she did not do a complete calculation, but a calculation was done regarding density and the developer meets the density requirements. Also, R-4 zoning allows 1.5 to 3.6 houses per acre, and this plan comes in at 2.5 houses per acre. Chairperson Koehler stated the developer's narrative indicates a traditional R-4 zoning would provide 41 single-family lots with no open space. City Planner Hanson commented she was going off the land use, and the developer can go up to 3.6 houses per acre, per the Andover Comp Plan, and still be in compliance. Commissioner Sims asked why the PUD is needed if the developer could build anyway. City Planner Hanson said anything over a certain threshold needs to come in as a PUD. The developer is meeting the threshold; if they wanted to come in higher than 3.6, © technically they could if it was approved per the PUD. Regular Andover Planning and Zoning Commission Meeting Minutes -July 23, 2019 Page 6 © Chairperson Koehler stated the list on the screen are things not met in the R-4 standard, so a PUD is required to get the smaller lots to create a villa -type feel. City Planner Hanson agreed with Chairperson Koehler's statement. Chairperson Koehler stated that although the plan meets density requirements, it does not meet setback requirements in most areas, nor does it meet lot depth or double -frontage lot depth. Commissioner Sims questioned whether, to meet the zoning requirement, the applicant could go with less units without a PUD. Chairperson Koehler said the applicant could as long as all the requirements on the screen were met; however, the requirements are not being met, which is why the PUD is required. Commissioner Sims asked whether the PUD would allow for more units than the zoning allowed. Chairperson Koehler clarified it is within the density requirements but, among other reasons, smaller lot sizes and keeping some open space for the neighborhood requires a PUD. Basically, the density matches but nothing else does. Community Development Director Janish added the reason the dimensions do not match the typical R-4 is to create a detached villa -type development. He stated a City Council member, during a meeting, had asked why they were deviating in so many locations. As City Planner Hanson had noted, there is not a zoning district that allows for a detached villa. By going with the R-4 zoning, there are fewer deviation from the Code, the density still matches what the Comp Plan allows, and with fewer deviations from the code, they went with the R-4 zoning © district to evaluate a detached villa product. Commissioner Sims wondered if the City Council was interested in establishing zoning, so a PUD was not necessary for this type of development. Community Development Director Janish stated originally the City Council did not know if it was worth it. The PUD allows for additional review by the City and the applicant has to show that a PUD is warranted, so it is an additional review step the developer has to provide. He said this project may result in additional conversations in the future, but at this point the PUD is the only tool available to the developer to move forward. If the City were to create a zoning district, it would take several months. Chairperson Koehler stated he asked the same question before the meeting. Commissioner Godfrey, referencing the chart on the screen, wondered whether 20 feet was sufficient for a sightline on a corner lot in a busy area and asked if the 20-foot number was used before. City Planner Hanson said the 20-foot number has been used previously and staff has no concerns. Chairperson Koehler said he believed comer lot sightlines are a minimum of 15 feet, because he lives on a corner lot so he remembers the number. Commissioner VanderLaan commented that Community Development Director Janish provided a very comprehensive Memorandum and wondered if he was going to do a presentation or if the Commissioners should ask questions at this time. Community © Development Director Janish stated he would respond to any questions the Planning and Zoning Commission may have. S Regular Andover Planning and Zoning Commission Meeting Minutes —duly 23, 2019 Page 7 Commissioner VanderLaan, focusing on the gathering space, stated there were bits and pieces of ideas and a plan from the developer but wanted what the developer envisioned to be on the record. Community Development Director Janish said the City Council, during the sketch plan process, had discussions about the developer providing mowed trails or some sort of trail system within the proposed Outlot A and perhaps a gathering space with some benches, a shelter, and BBQ units. The developer responded that Outlot A would be created and it would be up to the Homeowner's Association (HOA) to determine the amenities they want within Outlot A. Commissioner Godfrey asked how Outlot A would be accessible as a gathering spot. Community Development Director Janish, referencing the overhead map, indicated the HOA access would be via Olive Street, and stated property owners abutting the gathering area may also be able to walk there. Chairperson Koehler referenced the landscape plan which City Planner Hanson stated needed to be discussed and wondered if, when evaluating PUDs in the past, there was ever a time when a landscape plan was not provided. City Planner Hanson indicated landscape plans are standard. Chairperson Koehler asked if anything was missing from the packet other than the © landscape plan. City Planner Hanson answered in the negative. Motion by Loehlein, seconded by VanderLaan, to open the public hearing at 7:35 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. Chairperson Koehler opened the public hearing by inviting members of the audience to ask the Commission their questions, stating all questions would be answered. He reminded everyone a lot of neighborhoods are done by PUD because it allows for flexibility but PUDs must provide more efficient development than the standard zoning would allow or it cannot be approved. He said no one is trying to skirt the rules and a PUD is definitely part of the rules. At the conclusion of the meeting a vote will be taken; the vote is a recommendation, and the City Council makes the decision. Jeremy Whittenburg, 15598 Norway Street NW, of Miller's Woods, oriented his one -acre property on the map which borders the subject property. He asked whether there would be any tree cover/tree lines that will remain between his property and the new development up to Norway Street. He has a longer driveway because of wetlands and his house is set towards the back of the property, close to the northern property line. He is concerned about looking out the front of his house and seeing the back of another house on Lot 9. Regarding Outlot A, he is concerned whether any trees will remain along the property line closer to the street and wondered how to learn whether any of them are on the property line or his side of the property line. He also asked what the remaining tree cover and gathering area would look like on Outlot A. Regular Andover Planning and Zoning Commission Meeting Minutes —duly 23, 2019 Page 8 © Rychel Gaustad, 512 Constance Boulevard, east of the proposed development, indicated the Comp Plan states that in all developments it is the spirit of the Comp Plan to be conducive to neighboring properties. She is representing neighbors living at 556 Constance Blvd, 470 Constance Blvd, and 545 Constance Blvd in addition to her own property. Their number one request is that a roadway easement would be installed in the development to serve the properties to the east of this development for future development. Chairperson Koehler stated he remembered Ms. Gaustad bringing that point up when the plat was presented in February. Chairperson Koehler asked if she had any other concerns. Ms. Gaustad said she did not, but because the Andover Comp Plan states all developments would be conducive to neighboring properties, an easement would be appropriate. She has no problems with the new development, which looks like a well -thought-out development, but they are being proactive and would like the easement since they are residents. Vicky Kroll, 15967 Olive Street, Miller's Woods, referenced the tree line and Outlot A and asked approximately how many feet/depth the trees would be on Outlot A, stating she backs up to that, and that her and neighbors do not want to sit in their backyards and see the back of a house instead of the beautiful woods they see now. Chairperson Koehler clarified her question, that basically she wants to know how deep the tree line will be. Ms. Kroll confirmed that as her question, and also asked for the size of the recreation area that would ® be built and whether that would be a play area or simply benches and a gazebo. Chairperson Koehler stated he understands the development would be geared toward empty -nesters so he does not think a play area will be built. Also, according to the developer's narrative, he is not building anything there; rather, that will be left to the HOA. Ms. Kroll stated it was discussed that this development will be for empty -nesters but they may have grandchildren visiting and have a play area for them. She wanted to be clear on both what the area would be and how big it would be. She is concerned that tree area would be taken away to build a gazebo/benches. Ms. Kroll also inquired about the price range of the villas. Jack Titus,15937 Norway Street, is concerned about Norway Street's safety running north - south. He said the developer previously addressed this by only opening up one of the cul- de-sacs going north -south, allowing a second exit to the north. His concern is there would be a raceway heading north -south along Norway, going from a higher density on the south side to a lower density on the north side, and the roads widen going north and people may go faster. He is not worried about the empty -nesters speeding necessarily, but on the other end there are families with kids racing to and from practices, et cetera. He stated this was brought up in previous meetings with a good resolution but was slammed by the City Council at that time. He is bringing the issue up again because there is a legally blind child living in the area who is on the road sometimes. If it is not an option to keep the cul-de-sac closed, he proposed getting three-way stop signs on the south comer, where there is © currently one stop sign for east -west traffic, so the north -south traffic would have to stop. Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 9 © Nathan Fair, Landmark Development, 13346 Hanson Blvd., Andover, said staff did a great job with the report so he does not have anything to add but can answer any questions the Commission may have. Commissioner VanderLaan expressed concern regarding whether the nearby church and its cemetery have been given due consideration. The plan for the church is in transition as far as potential sale, development, and rebuild. She referenced minutes from a workshop meeting and stated the discussion centered around the number of sanitary sewer stubs that would be allowed in the villa subdivision. She asked whether anything had developed in communications with the church but speculated the question was moot. Mr. Fair agreed the question was moot and he has a clear direction on how the church will proceed. Community Development Director Janish stated the City Council looked at 48 proposed units, and that is the number the applicant is moving forward with. Chairperson Koehler stated, as he remembers the report, there is sewer capacity available beyond 48. Community Development Director Janish stated the Council has determined 48 units is appropriate for this 20-acre site. For other parcels such as the church property, there are additional units that have been allocated for future development. Chairperson Koehler asked whether the church is aware of that situation, which Community Development Director Janish confirmed as correct. © Commissioner Hudson stated the original sketch plan was all villas, now there are single- family homes also, and wanted to know the thought process behind the change. Mr. Fair stated Jonathan Homes just finished the White Pine Wilderness project which was very successful and Jonathan Homes would like to continue to build in Andover. It was felt the homes would be a good transition coming out of the Miller's Woods development up Norway Street. It ties into the Miller's Woods project, and those would be some of the nicer lots. Commissioner Hudson stated in the original sketch plan there were a lot more trees being saved along the north and east sides and just generally there were more trees along the fringes. He asked if that was purely a sketch plan or if something changed about how the development was being constructed. Mr. Fair said it was purely a sketch plan and they have done a lot of work with staff on the engineering side because it is a challenging site with the stormwater. He stated when you finish the stormwater ponding, get the ditches in, get the two percent swales in and the required grading, a fair amount of the trees are going to come down. They will be saving trees on the south side by creating a Conservation Easement on Outlot A. Commissioner Hudson asked the depth of the easement. Mr. Fair stated it would be roughly 20 feet deep but would get the exact dimensions for the City Council. © Commissioner Hudson said, providing the PUD gets approved, he assumed trees would be flagged that need to go down and Mr. Fair will work with neighboring landowners so Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 10 everyone knows whose trees are whose. Mr. Fair stated before any grading work is done, Engineers will mark the property lines and every roughly 35 feet there will be a stake in the ground. The silt fence line will also be identified, which will be the clearing line, and the grading subcontractor will know not to go on the other side of the silt fence line. Once the trees are cleared, there may be a couple trees within the Conservation Easement that are leaning due to, for example, wind damage and he will work with neighbors to take down additional trees if it is necessary. Commissioner Hudson asked if there would be an HOA for the villas. Mr. Fair stated there would be an HOA. Commissioner Hudson asked whether there would be a covenant package lined up with the 12 homes. Mr. Fair said the goal would be to work with the Miller's Woods HOA and bring the single-family homes into that association. If the preliminary plat is received, the plan will be to have the HOA attorney see if Miller's Woods wants the 12 single-family homes to come into their association. Commissioner Hudson asked if there had been any conversation with Miller's Woods. Mr. Fair responded there had not been, but in talking with the HOA attorney, it would be a benefit to the Miller's Woods HOA, because the 12 homes would help lower their association dues. He stated the villas would be an association -maintained product, meaning © the snow and the mow will be taken care of by a management company, so the driveways will be plowed and the lawn cut. Commissioner Hudson stated there is a lot of discussion regarding architectural standards and the Commission also has pictures in that regard. He wanted to know if the standards have been clearly defined and have they been memorialized in words versus pictures. City Planner Hanson said with a PUD they will typically be adopted as an exhibit in the Resolution, saying the design will be the same or similar to it. Commissioner Hudson clarified that would be both for the villas and the homes, which City Planner Hanson confirmed as correct. Commissioner Hudson said he can understand how a gathering space would be a benefit for people buying the villas but also understood Mr. Fair's intention is to turn that over to the HOA and let them decide. He asked if Mr. Fair would be determining dues for the HOA and, if so, would he set the rates high enough to create a budget for the HOA people to do something with the space, citing the example if mowing and blowing cost $200 a month and the dues are $200 a month, there would not be money left to do anything else. Mr. Fair said a professional management company will put a budget together and do the managing. The HOA dues would be set up for the snow and mow only, so when the neighborhood is built out, if the 36 new residents want to add a bench or garden area, it will be up to them and the new board to decide if they want to raise dues or not. The villas will be marketed to buyers who have money but are frugal, and so if the monthly dues are $220 as compared to $200, it could make or break a sale. That is why the developer is not going through the Regular Andover Planning and Zoning Commission Meeting Minutes -July 23, 2019 Page 11 © process of laying out an open -space plan. Instead, it will be up to the HOA as to whether there is a bench or a fire pit built. He speculated the 36 new residents would not want the amenity because they will be living in Minnesota six months out of the year and Arizona/Florida in the winter. He wanted to make sure the record reflects that the trees on the south property line will be saved and if the HOA in the future wants to take down the trees, they cannot legally do so. There will be a Conservation Easement deeded to the City. He also told the Miller's Woods people that information. Commissioner Hudson asked Mr. Fair at what point he would see control going to the HOA for the 36 villas, whether it would be at 75 percent or some other number. Mr. Fair stated each association is set up differently; but when he sets one up, he controls it until the last unit. The HOA documents have not been drafted. Mr. Fair stated the turnover would be at about 95 percent. Commissioner Hudson asked Mr. Fair if he would stage/phase the project or what the process would be. Mr. Fair said he would like half the project built this fall so models can be opened up for the spring parade. The plan, pending approvals, would be to site -grade in the middle of August, start utility work the week after Labor Day and bring on the east side of the project this year, and then next spring the utilities and the second addition would be finished. He estimated 12 single-family lots and nine or ten villas would be built this fall. © Commissioner Hudson questioned when Olive Street would be built, surmising it would be built next year, assuming approval. Mr. Fair agreed with him. Chairperson Koehler asked for confirmation of his understanding that Mr. Fair had a conversation with the City Council about extending a road east and the City Council said no. Mr. Fair stated he was correct. Chairperson Koehler told Ms. Gaustad, 512 Constance Boulevard, he would follow up on that with staff. Chairperson Koehler asked if the HOA wants to build something on Outlot A, where do they go to get permission to build, whether that is through City permitting or will there be a covenant as to what can/cannot be built. For instance, there will be a Conservation Easement so trees cannot be taken down. He wanted to know what other control the applicant has, if any. Mr. Fair was not sure if he had any control because the HOA would be turned over at that point, so no improvements would be made to Outlot A until the HOA is managed by the HOA. He thought the HOA would have to go through the normal building process at City Hall for any type of structure. Chairperson Koehler stated he would check with staff after the public hearing. Chairperson Koehler referenced the cul-de-sacs discussion, whether one or two should be opened, and said the City Council felt two should be opened. He stated, in his opinion, if half the cars could be directed down another road, that was a better option. The speeding issue would still need to be addressed, and he felt Mr. Titus made a good point about the Regular Andover Planning and Zoning Commission Meeting Minutes -July 23, 2019 Page 12 © road getting wider. Chief Streich wanted the roads wider for the fire trucks. He asked for any suggestions/ideas as to how to control the speed such as angling the road so there's a bend to it. Mr. Fair stated he had no additional comments. Chairperson Koehler inquired as to the price range for the villas. Mr. Fair said the slab -on grades would start in the mid-350s and some villas could top out at 450-475. He noted the lot lines have been redone compared to the original concept plans; and of the 36 units, 33 will fit a third stall garage. He stated there has not been a third stall product in Andover as far as he is aware for some time. He stated empty -nesters often say they want to downsize but they need a third stall. Chairperson Koehler said there are things he both likes and does not like in the project but thanked Mr. Fair for listening to comments that were made and making some changes. He indicated good changes were made, including the eyebrow curve, realizing that resulted in loss of roadway frontage for the lots. Chairperson Koehler stated the phrase "snow and mow" was used in regard to the HOA to the Commission and City Council, but when reading the document that was provided, it says it is in place to take care of exterior maintenance including lawns and snow removal. Mr. Fair stated that is a typo; it should be "snow and mow" only. Chairperson Koehler confirmed that each person who owns one of the villas will be responsible for their own exterior maintenance and the document is incorrect. Mr. Fair stated he was correct and covenants will be put in place to make sure "Mr. Anderson" next door can't make a pink house if he were to get hail damage. Chairperson Koehler asked if any consideration had been given to picking smaller trees to plant given the size of the lots. Mr. Fair stated he uses a professional consulting firm to develop the landscape plan which was both attached and submitted to the City. He did not know before tonight that City Planner Hanson would like additional landscape foundation plans, which he will provide. He will talk to his consulting firm for their input on other trees that will work on the boulevard, but the firm used the Andover approved tree list when deciding which trees to plant. He stated he will defer to his expert as far as whether the trees should be changed. Chairperson Koehler stated the City has a natural resource expert, Mr. Kytonen, who provided a Memorandum, and his concerns were basically due to the width of the trees. He encouraged Mr. Fair to do some research. Chairperson Koehler stated he had a tree planting plan in the packet and asked if that was what Mr. Fair meant by a landscape plan. Mr. Fair confirmed that as correct and used the overhead screen to show the site landscape plan and said his understanding is staff is looking for an individual overview of how the foundation will be planted around, which he will have available for the Council. © Chairperson Koehler stated there were landscaping ideas of what the monument will look like and suggested that staff is looking for that kind of information: what the front of the Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 13 © house looks like, where different plantings are going, et cetera. Mr. Fair stated he would make sure that would be available to the Council. Chairperson Koehler encouraged Mr. Fair to submit that to staff so Mr. Kytonen can look at it so he can give his opinions before it gets to the Council. Chairperson Koehler said staff has a concern regarding the house fitting on Lot 8 and asked whether the layout Mr. Fair said will fit has been provided to staff. Mr. Fair said it was provided to staff and is also in the packet and there are two floor plans Jonathan Homes builds that will work on Lot 8. Chairperson Koehler suggested Mr. Fair identify and communicate to staff which two floor plans fit Lot 8 before this gets to the City Council. Mr. Fair agreed to do so and said the two floor plans are Aspen and Ellingwood. Chairperson Koehler stated, in the City of Andover, driveway setback is no less than 20 feet and did not think his vehicle, which is not an SUV, would fit on the 16.5-foot length of driveway, although garage stalls would be able to fit the vehicles. He asked, given a 16.5-foot driveway setback, how snow removal would be handled. Mr. Fair, using a photo of a full-size SUV in a driveway, stated it does fit, with four feet in front of it and 7'h feet behind it of driveway space. He said there is give and take in this project and they ended up with a 33-foot wide street. The roads coming out of Miller's Woods are 28 feet, so if they went to a 28-foot wide street and add the extra five feet, the driveway would be 21'/2 © feet long. His understanding is a wider street is important. Also, empty -nesters generally don't drive big SUVs and association dues are very important to them. In the future, the driveways will need to be rebuilt and they have done it in other communities, but it is a 30- foot driveway and there is plenty of room, as demonstrated on the exhibit. Chairperson Koehler clarified that he was talking about the 16.5-foot driveway in the villas. Mr. Fair stated the photo is of a villa driveway and the 16.5 feet is measured from the boulevard. Community Development Director Janish stated Chairperson Koehler was asking the question based on the staff write-up, and City staff asked the question because this has not been done in Andover previously. Staff told the applicant he may want to use a larger setback because that has been done in the past, but ultimately the decision is made by the Council with a recommendation by the Planning and Zoning Commission. Chairperson Koehler thanked Mr. Fair for clarifying that the boulevard was included in the number. Mr. Fair stated it is a little confusing, but most residential driveways are between 30 and 35 feet and they would never build a 16'/2 foot driveway. Commissioner VanderLaan asked Mr. Fair if he has discussed with the City or Anoka County or given consideration to the potential undesirable loud noise level because of County Road 60 and Crosstown being busy, realizing there will be noise mitigation because of the trees and plantings that will be added. Mr. Fair stated he does not anticipate any noise issues. He said the Rum River Shores development in Anoka had a similar set of circumstances which is also across from a high school, it is a very busy road so they put additional trees in, and they have not had any issues with customers. Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 14 Commissioner VanderLaan asked whether the additional trees were planted at Rum River Shores in anticipation of potential noise issues or if they were planted in response to complaints. Mr. Fair stated the trees were planted as part of proper planning. Commissioner VanderLaan questioned how accurately Mr. Fair felt he was anticipating the noise levels. Mr. Fair said this road is less traveled than Rum River Shores roads and he feels it is fairly accurate, especially given no high school traffic, and he is not concerned. Community Development Director Janish added Anoka County's comment with regard to projects on county roadways related to future noise with expansion of roadways is typical and is providing the City with notice that if there is a noise wall needed at some future time, the City will be dealing with it. Chairperson Koehler asked who maintains the trees in the Conservation Easement, the City or the HOA. Mr. Fair said the HOA is responsible even though it is in a Conservation Easement. The HOA cannot control the stormwater and maintenance of the pond because public water is going into the pond. Chairperson Koehler noted, from discussion the City Council/City Engineer Berkowitz had, a lot of the trees have to come out in order to maintain the runoff and control the water and where it is going and he knows Mr. Fair saved the trees that he could. ® Chairperson Koehler stated City Engineer Berkowitz sent a letter addressed to City Planner Hanson describing concerns regarding the project and wanted to know if Mr. Fair had seen the letter. Mr. Fair stated he received the letter and has been working with staff the last two weeks. Chairperson Koehler asked Mr. Fair if there were any unreasonable requests or anything he was unable to resolve. Regarding the County's position on a turn lane and a bypass lane, Mr. Fair said they could put in a turn lane, but they do not own the land to the north so they may not be able to put a bypass lane in. He stated his team would be addressing that. Chairperson Koehler reiterated his understanding: the turn lane could be put in but the bypass lane depended on land ownership to the north. Mr. Fair stated that he was correct, because there is not an easement available, the County does not own the land, nor does he own the land. He said no traffic study has been done on the county road. He feels the County is asking for the bypass lane to take money from him because he is a developer, but legally he cannot put a bypass lane on land he does not own. As far as other comments in the letter, they have mostly been addressed with no major sticking points that he is aware of. Commissioner VanderLaan commented that in the January 22 hearing, citizens were very forthcoming regarding the buffering, asking that the trees remain, and she had asked how important that was. She thanked Mr. Fair for his testimony, stating it became extremely important and it may have been a factor in keeping the buffer that is between the outlot and Miller's Woods. u Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 15 Commissioner VanderLaan said she feels there is some struggle between the residents of Miller's Woods/their HOA regarding the gathering space, understanding this development's HOA monthly fees would cover snow and grass. She asked if Mr. Fair could work with the residents to the south and maintain the open space and provide something better than just a piece of ground, some trees, and a pond and build something, since the Miller's Woods people are nearby and will feel a compression to their tot lot. She asked if he could do this before it goes to the HOA, when the cost would be passed on to the residents for whatever was done. Mr. Fair stated at this time he would like to leave the decision up to the future HOA, if they want to improve Outlot A. He said they have sold several projects in the Twin Cities with no amenity fire pits, trails, or benches. He thinks he knows what these buyers want based on past experience. The residents will have a three - car garage and an opportunity to improve the outlot in the fixture should they choose to do so, although he thinks it will remain a natural open space. Commissioner Hudson asked, assuming the project was approved and Norway is punched through, would the cul-de-sac, yard restoration, driveway extension work happen in the fall for the residents in Miller's Woods who will be impacted, or would that occur in the second phase. Mr. Fair said it would be up to the City: either when the road is punched through, or when the second lift of asphalt goes down. As soon as there is damage to the lawn or the cul-de-sac removed, it would be fixed within a certain amount of days. He ® would work with Engineering on that and it would also be in the developer's contract. Chairperson Koehler referenced the homeowner who lives immediately south and on the west side of the cul-de-sac of Norway and wanted to know whether that house is behind the tree line and not facing the new house that will be built. Mr. Fair stated the plan is to clear all 140 feet of Lot 9. Without knowing the exact location of the house, he did not think the homeowner would be looking at the back of Lot 9 from his front yard; his side yard and backyard view should be looking at the Conservation Easement/trees. There is no way to save the trees between his lot and Lot 9 because of grading and stormwater so the site drains properly. Chairperson Koehler asked Mr. Fair to state why the PUD to build single-family detached townhomes is a better development as it has been designed than R-4 zoning to build single- family homes. Mr. Fair said the City of Andover needs a villa product and it is not feasible to build another traditional Miller's Woods two-story neighborhood, given the high water table and the amount of grading that would be necessary. If they were to do a straight R-4 zoning, there would be 41 units, no open space, and everything would be clearcut. He is not sure there would be a market for split-level homes because there are many of those homes available in Andover. He thinks there are many existing residents in Andover who want to stay in Andover and have a three -car garage villa unit. Chairperson Koehler asked if the developer was required to have three -car garages on the ® units. Mr. Fair stated that was not a requirement. Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 16 © Chairperson Koehler wanted to know if that was an upsell for the homes, to which Mr. Fair answered yes. Chairperson Koehler asked where Mr. Fair has hit sweets spots in terms of, "This isn't required, but we're going to go a little further than we have to," while still making the units affordable and listed, as examples, the three -car garage and the architectural standards at least matching the Miller's Woods development. Mr. Fair said this is the first project where he's been able to make the lots wider to support the third stall. Using the overhead screen, a house in Brooklyn Park was shown. He stated the Mayor of that City was pleasantly surprised with the amount of stone and the amount of options available regarding the exterior. He said the easiest solution would be if the City had a zoning district for villas, because he would then be following a straight zoning instead of answering questions about what the City is getting. Chairperson Koehler said he does not want to say, "What is the City getting?" but, rather, understand why the villa is a better solution than a straight R-4. Mr. Fair said the villas are higher in price than the 41 split-level homes. The people buying the homes will live in them six months out of the year but pay taxes 12 months out of the year, they do not use the schools, and it is the right fit. Chairperson Koehler commented he is sold on the money aspect of it but is asking about ® the other intangibles. Mr. Fair stated the Conservation Easement is very important. Chairperson Koehler suggested Mr. Fair create a document with items he is including in the villa -type units that are not required for an R-4 zoning, because he feels Mr. Fair is going above and beyond with the development. He thinks it is a good plan for the most part but there are issues that still need to be addressed. Commissioner Hudson stated, as a resident of Miller's Woods, to have single-family split- level homes abutted to an HOA with all the amenities and requirements that are in place at Miller's Woods and then have a villa -type product creates a separation between the two neighborhoods and it fits in nicely, as opposed to 41 single-family homes in the area without a park, and so forth, because where would the kids be going. Mr. Fair stated if they built 41 single-family homes, the owners would not want to pay association dues even if Miller's Woods would allow them to use the pool, etc. He feels the 12 high -end homes that will be built could fit very well into the Miller's Woods community. Chairperson Koehler suggested Mr. Fair acquire Miller's Woods HOA rules and see what he can do to match them, if it makes sense, so it is not a drastic transition between the two neighborhoods. Chairperson Koehler asked if there were other people who wanted to speak, stating he had several questions that he would be asking staff such as speeding on the road, any potential building in the outlot, the roadway easement heading east, and being able to identify which trees belong to whom. E Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 17 Jeremy Whittenburg, 15998 Norway Street NW, said he knows it would be difficult to keep trees between his property and Lot 9 because of drainage, and so forth. He demonstrated on a GIS map that his house is on the back of the property and expressed concern about looking out and seeing the back of another house, depending where the other house sits. He bought his property a year ago, understanding this area would be developed at some point, he spent over a half million dollars, and wanted to know if anything could be done or should he plant his own trees in the future. He said he has been happy with Mr. Fair and he is not saying don't go through with the project. Chairperson Koehler said he was looking at the same map and wants to talk to Staff to hear their suggestions about what can be done. He said something needs to be figured out to make good neighbors. Stan Carlson, 680 Constance Blvd, stated he and his wife own the west side of the land. He is happy to see the chunk of woods will be left on the south side and the northwest corner because their deer like to lay down in those areas. Chairperson Koehler commented that the City will continue to expand, but one of the reasons people move to Andover is because of the wildlife. He said Mr. Fair has been working with the City and hopefully, with the pond and the trees on the south side, there will be more wildlife. Rychel Gaustad, 512 Constance Boulevard, asked if staff was going to be answering questions following the close of the public hearing. Chairperson Koehler confirmed they would be doing so. Motion by Hudson, seconded by Loehlein, to close the public hearing at 8:36 p.m. Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. Chairperson Koehler asked staff what the plan is for roads going to the east, stating the initial plan did not have an east -west road because of Constance running east -west, but wondered how the area would connect and whether there was anything to show or describe. Community Development Director Janish said they do not have anything and the property to the east is outside of the MUSA so the expectation is that it would develop at the 2'/2- acre development and not be at an urban density. The City Council felt an extension to the east was not needed for the development, so a local network would be established as properties developed to the east. He said the properties the individual is representing would need to work together to determine how to get access to those properties if they were to subdivide at the 2'/z-acre standard. Chairperson Koehler, assuming the property does get subdivided and built out, asked if there would be connections to roads like Constance, Goldenrod, 159th, knowing that any answer given is only a possibility. Community Development Director Janish stated access would have to come off Constance, meeting County access spacing guidelines. Using a map, he pointed out potential areas of connection and possible cul-de-sacs. He said a road could possibly be looped into 159th but that would have to be evaluated by looking at wetlands, floodplains, and other information he does not have access to at this time. Regular Andover Planning and Zoning Commission Meeting Minutes -July 23, 2019 Page 18 Chairperson Koehler stated there is not a developer and no one knows how things will go, who will sell/who will keep land, but speculated something would come from Constance and connect to Ilex, it might hook into a cul-de-sac in the middle, depending on how the land is zoned and developed, whether it is 2'h acres or smaller. Community Development Director Janish stated he was correct but at this point it is not within the MUSA so he does not expect it to be under 2'h acres. Chairperson Koehler inquired as to how often the Met Council reviews the MUSA for expansion. Community Development Director Janish stated they are running out of capacity within the system itself in getting to the Met Council pipeline. As a result, expansion to the northeast would be difficult to do without running an entirely new line or trying to build capacity. When miles of pipe are replaced by oversizing, there is no one to pay for that. Hypothetically, if you run three miles of new pipe where it's already developed at urban densities, it is being fronted by the taxpayer because the City has to front that to come through; there are no benefiting properties for it. The end of the pipe is basically at this location. Chairperson Koehler stated his understanding of Community Development Director Janish's comments: Basically, there will not be a lot of development in that area unless someone has a lot of money. Community Development Director Janish agreed, adding there is not urban development expected outside the MUSA. Chairperson Koehler asked if, when there is development at whatever level, the access would be from Constance. Community Development Director Janish confirmed access would come from Constance. Chairperson Koehler commented that guesses are being taken as far as roads, but there is no sewer and utilities in that area to develop at this time. Unless the State or someone comes up with a lot of money, that area will not be developed at a smaller density with a lot of new roads put in or connecting anything. He stated that is the best answer to be given at this time. Chairperson Koehler asked if anyone had an idea as to when that area is planned to grow. Community Development Director Janish referenced the Sewer Chapter of the Comprehensive Plan and stated there is no plan to extend the pipe to the east or to the northeast of the area and it is at the end of the MUSA. He said unless a pipe comes from a different direction such as an abutting community, he does not foresee nor does the Comprehensive Plan expect City utilities to be extended. Chairperson Koehler inquired as to how far in the future the Comprehensive Plan extends. City Planner Hanson stated to the year 2040. Chairperson Koehler stated that between now and 2040 there are no plans to put sewer in Qor develop this area. Community Development Director Janish confirmed he was correct Regular Andover Planning and Zoning Commission Meeting Minutes -July 23, 2019 Page 19 Qand added there is no foreseeable capacity within the existing system, which is where the issue is. Chairperson Koehler clarified by saying even if sewer was built, there is no downstream capacity to handle the extra properties, which Community Development Director Janish stated was correct. Chairperson Koehler asked how the City handles speed and traffic control in the area, specifically considering there is a blind child in the area. He asked if there was an automatic reduction in speed, if signs were posted, or how that is handled. Community Development Director Janish stated the sign -posting question should be answered by Engineering and he could relay that question to them and get back to the Commission with the answer and also the City Council. He said there is a design speed for the roadway system, which is more than likely designed to about 35 miles an hour with the extension of Norway. There also may have been discussions related to potential speeding on Norway before because the road kind of has some bends. As the road continues, there will be more bends in it. He stated there are some things you can do in planning that can help reduce speed such as bringing structures closer to the roadway, which happened in Miller's Woods and will also be the case in this development. Also, when drivers are on roads that seem enclosed, they tend to slow down, although the pavement will be wider as well. Parking will be allowed on both sides of the street so there may be some cars there, which may also cause vehicles to slow down. Because of the way the houses are set up and the curves, speeding may not occur. However, if speeding occurs, the sheriff's department is available for enforcement activities. Chairperson Koehler inquired as to what traffic control will look like at the three-way intersections in the development. Community Development Director Janish stated the Engineering Department uses MnDOT's design manual when establishing where stop signs should be located and there are certain criteria such as number of vehicles driving through an area. He speculated three-way stop signs would not be required at the intersections, but that Engineering would be answering that question for the City Council. Chairperson Koehler stated he has called the sheriff about people speeding on his road, and the City was surprised about how bad it was. He encouraged residents to call if there are speeding issues but to please realize that if a speed trap is set up, most of the speeding will be done by people living in the neighborhood because they are the ones driving through it. Chairperson Koehler suggested to Mr. Titus that he give Community Development Director Janish or City Planner Hanson an email address or contact information so they can respond to him about what will happen as far as traffic controls in the area. He guessed there might be one stop sign but not three, because a stop sign going south could cause a traffic backup onto Constance. He said he is not an Engineer and the answer would come from City Engineer Berkowitz. \N Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 20 Community Development Director Janish, in regard to potential HOA structures, stated any type of structure requiring a building permit would have to go through that process, so it would be reviewed and evaluated. In addition, the HOA may have limitations on what type of structures may be built. From conversations with Council and the narrative, he envisioned some type of picnic shelter/community gathering type of place. Community Development Director Janish, identifying Mr. Whittenburg's home on a map, stated the stormwater is dictating the removal of trees and the grading that would occur. Using the map, he outlined what appeared to be a drainage and utility easement and also indicated an area where the property owner could plant trees, assuming the information was accurate. He suggested the best solution is the property owner plants their own trees so he could maintain and be responsible for them if he has concerns about looking into somebody's backyard. If the property owner to the north would plant trees, a future owner could cut them down some day and he would be in the same situation. The property owner could work with the on staff Natural Resource Technician to find trees that would screen the property to the north. Chairperson Koehler encouraged the property owner to contact Natural Resource Technician Kameron Kytonen, stating he could give him ideas and suggestions. Chairperson Koehler stated the County wanted a bypass lane but there is land ownership issues and asked staff for insight, comments, or thoughts on that subject. Community Development Director Janish stated Anoka County Highway Department would have to be contacted to get their feedback, he cannot speak on their behalf. There may need to be some tweaks to the roadway to allow for that. Chairperson Koehler asked if City Engineering gets involved in the discussion or whether that is between the developer and the County. Community Development Director Janish said it is typically led by the Anoka County Highway Department because it is their roadway. It is generally worked through the applicant's engineering firm that is doing the work on it and the Anoka County Highway. Commissioner Loehlein said he is generally supportive of the plan; the villas are a nice addition to Andover, and it creates a good transition to the use of the land. Commissioner VanderLaan stated she agrees with Commissioner Loehlein and added this subdivision brings to the forefront issues the Commission has not dealt with before. When the City was first established, which she was a part of, they looked at how the City would grow. This plan has brought issues to the forefront including tree preservation with regard to the discussions of climate change, with regard to the value of a tree; and both the City and the developer are working harder to preserve and provide trees. She stated when she first looked at the site in January, she considered how many trees were going to be taken down. However, the process has been progressive, practical, and a prudent use of this land. The City no longer has ideal grid patterns; all of that land is gone. This development will address some contemporary housing needs. The family demographic of a husband, a wife, and three kids is not across the City, there is an incredible amount of diversity in the City, Regular Andover Planning and Zoning Commission Meeting Minutes —July 23, 2019 Page 21 © and that is what makes Andover grow. She reiterated that although it is not perfect, she is supportive of the plan, knowing that staff is hovering and will continue to hover, and the development presented is very good. Chairperson Koehler, looking at the Resolution, expressed concern about points the developer must meet such as the Engineering comments. Engineering will determine when they are met. The City of Andover's staff comments must also be addressed. He wants to make sure the concerns are met. He stated to Mr. Fair that he is forced to do a PUD because zoning is not in place but that it does not exclude Mr. Fair from not having to explain why this is a better solution than R-4. He again encouraged Mr. Fair to promote the extra things he put in the development plan and not sell himself short. Commissioner Godfrey asked the Commission to look at Number 8 of the Resolution which indicates, "Exhibit D Landscape Plan shall regulate required plantings for the development," and suggested that be amended to add, "subject to approval by Andover staff' because of the concern about plantings. Chairperson Koehler stated he thought it was covered in Number 2 but that it was probably worth calling out specifically and agreed the language should be inserted in Number 8. Commissioner Hudson called attention to Number 4 of the Resolution -- the Anoka County Highway Division comments dated July 17 must be satisfactorily addressed and plans approved -- and said right now the letter states they need the westbound turn lane. He asked if the Resolution would provide enough leeway if the County said it was fine, they do not need it. Community Development Director Janish suggested using the phrase "or as amended by Anoka County Highway Department" which gives flexibility if they change their mind or add something. Commissioner Sims asked if City staff wanted to bring the zoning issue to the attention of the City Council, since a PUD would not be needed if there was zoning. Chairperson Koehler stated the City Council is aware of it and have already been engaged in conversation. Commissioner Sims commented that if you are not at Planning and Zoning, you think a PUD is different than zoning until you understand what it is all about, and it would be cleaner for the citizens and developer if there was zoning in place. Motion by Loehlein, seconded by Godfrey, to recommend to the City Council approval with the noted changes to Item Number 4: "... or as amended by Anoka County Highway Department" and Item Number 8: "..., subject to approval by Andover staff." Motion carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. City Planner Hanson stated this item would be before the City Council at the August 5, 2019 City Council meeting. E Regular Andover Planning and Zoning Commission Meeting Minutes — July 23, 2019 Page 22 OTHER BUSINESS Community Development Director Janish stated the Interim Use Permit related to land reclamation was approved by the City Council based on the Planning and Zoning Commission's recommendation. It is expected that there will be two items at the August 13 meeting Commissioner VanderLaan stated she believed everyone was emailed a notice by Todd Haas about a meeting at the Anoka City Hall regarding the Rum River Watershed. She believes they are putting together a Comprehensive Plan and are asking for City members along the Rum River to be involved in the process. She asked whether Commission members were allowed or encouraged to attend the meeting. City Planner Hanson stated Commissioner VanderLaan would need to speak to Mr. Haas. Commissioner VanderLaan, on behalf of the Planning and Zoning Commission, thanked all the volunteers and City staff who worked at Funfest and stated it was spectacular. All of the Commissioners agreed. ADJOURNMENT Motion by Hudson, seconded by Godfrey to adjourn the meeting at 9:04 p.m. Motion © carried on a 6-ayes, 0-nays, 1-absent (Daninger) vote. Respectfully Submitted, Ruth Holdvogt, Recording Secretary TimeSaver Off Site Secretarial, Inc. u