ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

May 18, 2004

The Andover City Planning Commission met for a regular meeting on Tuesday, May 18, 2004 at 909 N. Andover Road in the Andover Civic Center. Chairman Quentin Coon called the meeting to order at 7:00 p.m. Commission Members present were Clark Nelson, Jan Cox, Jeff Syrios, Charlotte Bass, Ron Roberts, Lynn Heath, and David Martine. Others in attendance were Zoning Administrator Les Mangus, Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Keith Zinn.

Call to Order

Review the minutes of the April 20, 2004 Planning Commission meeting. Les Mangus stated that on these minutes, the applicant of the special use case for the heating and air contractor. Les asked that the minutes be corrected to reflect that only the east of the 2 lots is zoned multi-family residential, the other is single-family residential. There is an error on the zoning map showing both lots as multi-family. The report needs to be corrected as well as the minutes from the public hearing.

Clark Nelson made a motion to approve the minutes as corrected. Charlotte Bass seconded the motion. Motion carried 8/0.

Review the minutes of the April 20, 2004 Planning Commission meeting.

Review the City Council minutes from the April 13, 2004 and April 27, 2004 meetings. The minutes were received and filed.

Review the minutes of the May 4, 2004 Site Plan Review Committee Meeting. The minutes were received and filed.

Review the minutes of the May 11, 2004 Subdivision Committee Meeting. The minutes were received and filed.

Review the Potential Residential Development Lot Report.

Communications:

Review the Preliminary Plat of the Valsong Addition. Kirk Miller with K.E. Miller Engineering, agent for the applicant Ron Smith presented the plan. He said this is an 80-acre tract that Mr. Smith wants to build 3 houses on. The proposal is for a 3-lot subdivision, 2- 5-acre tracts and the remainder of land for one single tract. Mr. Miller said they have made all the corrections as suggested by Les.

Charlotte Bass said she lives 1/2-mile down stream in Bridlewood Addition from this plat and asked for assurance with retention ponds or engineering that the drainage from the construction of this subdivision will not create flooding of her property.

Mr. Miller said that Mr. Smith is only building 3 houses and there will be no paved surfaces.

Charlotte Bass asked if the remainder of this property would be fully developed in the future.

Mr. Miller said if this is developed fully in the future the applicant would then be required to replat the property and submit a drainage plan.

Charlotte Bass asked if detention ponds are in the plan at this point. Mr. Miller said there are not, other than a decorative pond that will retain some water.

Charlotte continued to ask Mr. Miller for assurance that this subdivision would not encourage flooding of Fourmile Creek.

Mr. Miller said this subdivision is not in a flood plain but the property adjacent to it is. He said the drainage would be the same quantity it is now and maybe less with the decorative pond.

Clark Nelson asked if an engineering study has been completed concerning the storm water runoff of this property onto adjacent property. Mr. Miller said they have not done this. Clark asked if the rate of run off after the houses are built would be no greater than what the run off is of the land in its current state. Mr. Miller said it would be the same or less depending on how the decorative pond works out.

Les said the only significant change would be the roof surfaces of the 3 houses, which is the addition of about 4,000 square feet of impervious surface. The remainder of the tract is agriculture today and will remain this in the future. Mr. Miller said the lawns for these homes would absorb more water than agricultural property.

Clark Nelson asked if the intent of the decorative pond is to retain the storm water as it flows in by way of surface drainage. Mr. Miller said this is correct.

Clark asked if all the corrections were made following the Subdivision Committee meeting. Les said all the comments have been addressed.

Quentin Coon asked if all 3 of these homes would connect to Andover sewer. Les said they would be connected by way of a private lift station and force main. The public sewer is on the tract adjacent to this property to the west. Les said that Bickley Foster suggested this method to make it cleaner for when the tract is fully developed.

Clark Nelson asked if this property is inside the city limits of Andover. Les said that it has been inside for 6 or 7 years and is zoned A-1 Agriculture District.

Quentin Coon asked for an explanation of a temporary use of a private lift station. Les said that between the 3 owners, they would own and operate a lift station to collect and pump about 1/4 mile into the public interceptor. Les further stated when this property is developed as a subdivision, it will require extension of public sewer, water, and streets. This will require a zoning change and replat. At this time the private lift station would be removed.

Lynn Heath asked if there would only be 1 entrance to all 3 properties. Les said the Subdivision Regulations require that every lot have access to a public road. All 3 of these lots have access to the public road, but choose to have an agreement to just use 1 driveway.

Ron Smith applicant of the property at 1104 W. Harry, said there is Milo planted on the north and will plant soybeans on the 80-acres on the west. The decorative pond will act somewhat as a storm water retention pond. He does not think it will help the drainage at Charlotte Bass' property. Ron said this construction would not increase the water flow in the creek.

Keith Zinn was concerned about all the driveways being combined into 1 and emergency vehicle access to the homes. Ron said there would be 1 main driveway off of Harry Street, which will accommodate all traffic to the houses.

Keith asked if these would be hard surface roads. Ron said that it is currently built with crushed asphalt, but he plans to redo it with a rock base and crushed asphalt on top. In the future he anticipates having a county spec road that is more narrow.

Ron Smith said he would speak with the Fire Chief concerning pumping of water out of the pond in case of a fire.

Clark Nelson said the City system could be improved to give the Planning Commission knowledge of drainage concepts and plans and he does not see a negative impact of this plan.

Clark Nelson made a motion to recommend approval of the Preliminary Plat for the Valsong Addition subject to the staff comments and the conditions set therein. Lynn Heath seconded the motion. Motion carried 7/1 with Charlotte Bass voting no.

Review the Preliminary Plat of the Valsong Addition

Review LS-2004-01 the proposed Lot Split of Lot 1, Block 1, C. Smith Addition. Kirk Miller of K.E. Miller Engineering and agent for the applicant Ron Smith presented the lot split. He said this tract is at the southwest corner of 13^th Street and Main. There is currently a house and a couple of outbuildings on the property. They are proposing the lot split to build a house on the newly created lot. The building on the south end that is 1 foot from the proposed lot line will be torn down.

Clark Nelson asked if the square footage of the plan is satisfactory to staff and if it has met the entire city code requirements. Kirk Miller said they have submitted an application for rezoning from R-1 to R-2.

Les said the lots as shown are 12,000 square feet each and will have to be rezoned to comply as R-2 Single-Family Residential. Staff recommends approval of this lot split as long as the shed that is not in conformance is removed.

Keith Zinn asked about the rezoning of the property. Les said the public hearing for the rezoning would be at the next meeting of the Planning Commission. He said the lot split is contingent upon the lots being in conformance with the zoning regulations.

Clark Nelson made a motion to approve the Lot Split subject to the zoning change approval and satisfaction of all comments as noted by Staff. Lynn Heath seconded the motion. Motion carried 8/0.

Review LS-2004-01 the proposed Lot Split of Lot 1, Block 1, C. Smith Addition

Review the Revised Final PUD Plan for Reflection Lake at Cloud City 2^nd Addition. Chris Bohm from Ruggles & Bohm represented the applicant Ron Smith. Chris gave a brief history of this property. He said Ron Smith wants to add 15 lots to the Final PUD plan. The lots will remain the same size as on the Preliminary PUD. A sidewalk was required on the north side of the pond in Reserve E from the previous plat, and a note will be added to this plat with the same text. The other note has been added is about the construction of a detention pond in the southerly reserve south of the existing detention pond and the box culvert near Minneha Avenue. The final drainage plan was submitted last week. Chris said that the sidewalk on Minneha needs to run from the north line up from Minneha to the north line of the addition Reflection Lake at Cloud City. Ron Smith said there would be a homeowners meeting next week to decide whether it would be on the east or the west.

David Martine asked if a sidewalk would be built on Hedgewood. Chris said no and that there would be a 5-foot sidewalk on both sides of Minneha Avenue which matches the sidewalks in the development to the west.

Clark Nelson asked Les if the sidewalk, detention pond, and final drainage plan satisfied him on the plan. Les said this plat is ready for final approval.

Clark Nelson made a motion to recommend approval to the City Council for the Final PUD Plan for Reflection Lake at Cloud City 2^nd Addition. Lynn Heath seconded the motion. Motion carried 8/0.

Review the Revised Final PUD Plan for Reflection Lake at Cloud City 2^nd Addition

Review the Draft of the Comprehensive Development Plan and call a public hearing on June 15, 2004 to consider the adoption of the updated plan. Les asked the Planning Commission for comments and suggestions for the final draft of the Comp. Plan and a motion to call a Public Hearing on the adoption of the plan at the next meeting.

Jeff Bridges said this has to be adopted by the City Council by the final meeting in June to satisfy the grant requirements.

Bickley Foster, Andover Planning Consultant, answered general questions of the Planning Commission about the Comp. Plan.

Quentin Coon said he liked the Summary of Needs at the end of Chapter 11.

Jeff said copies of the revised plan will be available at City Hall and the Andover Public Library and that this will be a good product when it is completed.

Quentin Coon was concerned about the growth trend east of Prairie Creek Road. Les said it is because infill land and sewer capacity is available.

Clark Nelson said that Foster and Associates have done an excellent job and that it has been a good experience for everyone involved.

Jeff said there is $1,500 available for printing the books with color maps. He wants to send the plan to print the day after the City Council adopts it. Jeff said this Community Capacity Grant will no longer be available.

Quentin Coon said that Andover has enough available lots available to carry into 2013.

Quentin Coon asked about the percentage of response from the Community Survey. Jeff said it was 1/3 return.

Les said he would like the final plan delivered in electronic format to save some of the printing costs.

Lynn Heath made a motion to call a public hearing on June 15, 2004 to consider adoption of the Comprehensive Development Plan. Clark Nelson seconded the motion. Motion carried 8/0.

Review the Draft of the Comprehensive Development Plan and call a public hearing on June 15, 2004 to consider the adoption of the updated plan

Member Items: Les said the reappointment of members, officers, and committee members normally happens at the May meeting. Clark Nelson and David Martine were re-appointed by the City Council at its last meeting.

David Martine said the Andover Street Department did an excellent job in the repair of 13^th Street west of the concrete plan. He hopes this quality will be an example to other townships in the county.

Member Items

David Martine made a motion to adjourn the meeting at 8:12 p.m. Lynn Heath seconded the motion. Motion carried 8/0.

Adjournment

Respectfully Submitted by

Deborah Carroll

Administrative Secretary

Approved this 15^th day of June 2004 by the Andover City Planning Commission/ Board of Zoning Appeals, City of Andover.