ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

September 17, 2002

Minutes

The Andover City Planning Commission met September 17, 2002 at 7:00 p.m. at the Andover Civic Center.  Members present were Quentin Coon, Ron Roberts, Charles Malcom, Clark Nelson, Lynn Heath, David Ledgerwood, John McEachern, and Dave Martine. Others in attendance were the City Council Liaison Bob Ruth, Les Mangus, Zoning Administrator; Jeff Bridges, City Clerk/Administrator; and Deborah Carroll, Administrative Secretary. 

The meeting was called to order by Chairman Quentin Coon at 7:00 p.m. Chairman Coon welcomed Clark Nelson as the newest member of the Commission.

Call to order.

Review the minutes of the August 20, 2002 Andover Planning Commission and Board of Zoning Appeals meeting.

Lynn Heath stated that on page 4 of the August 20 minutes the correction should be from "Motion carried 3-2" to "Motion failed 2-3". Mr. Heath also pointed out on the bottom of page 24, the motion made by Lynn Heath should be changed to state it was made by Dave Martine. Lynn Heath then stated the motion made at the top of page 25 was made by David Ledgerwood and was seconded by Dave Martine.

Motion by Lynn Heath to approve the August 20, 2002 minutes as corrected. John McEachern seconded motion. Charles Malcom, Ron Roberts, and Clark Nelson abstained. Motion carried 5-0 with 3 abstentions.

Review the minutes of the August 20, 2002 Andover Planning Commission

Reviewed the minutes of the Subdivision Committee of September 10, minutes of the City Council meetings of August 13 and August 27.

Les Mangus stated that the Planning Commission has not received the minutes yet for the September 10, 2002 meeting of the City Council where they rejected the Planning Commission's amendments to the R-1 and R-2 Zoning Districts. Mr. Mangus stated that it would be the Commission's choice whether to revisit the issue or let it die. The Council was opposed to the increased density that the smaller lot sizes would allow. Mr. Mangus said he would ask Bickley Foster how to proceed if the Commission wanted to renegotiate the R-1 and R-2 issue and will notify the Commission of Mr. Foster's recommendations. There was general discussion about the future options. Dave Martine arrived at the meeting at 7:15 p.m.

Bob Ruth stated that the main concerns of the City Council are density and the number of lots on cul-de-sacs. Mr. Ruth thinks something needs to be done to streamline this process instead of having so many PUD's.

Chairman Coon noted that the City Council minutes are accepted as presented.

Reviewed the minutes of the Subdivision Committee of September 10, minutes of the City Council meetings of August 13 and August 27.

Review the minutes of the Site Plan Review Committee meeting of September 3, 2002. The minutes were reviewed and filed.

Recommendation by Lynn Heath to switch the agenda items and hear the Final Plat for the Caywood Addition first and the Protective Overlay District last. The Planning Commission unanimously agreed with the change.

Review the minutes of the Site Plan Review Committee meeting of September 3, 2002.

Review the Final Plat for Caywood Addition- Phase 2 (1/2 mile South of 21^st and East of 159^th) Civil Engineer Kenny Hill of Poe and Associates represented the owner Jay Russell. Mr. Hill stated that this Final Plat is for all the remaining lots in the approved PUD for the Caywood Addition. He stated there will be 116 single-family lots in this addition, the pond in the reserves was built with Phase 1 and is in place. Mr. Hill stated all items on the Staff Comments have been corrected which include: Street that was named Sumac is renamed Honeysuckle, a 20' access easement was added between lots 18 and 19 into Reserve A, the Railroad right-of-way has been labeled, all of the lot sizes have been recalculated to assure they were adjusted to meet the required 8,400 square foot minimum lot size, and an access control note was added to Lakeside Dr.

Ron Roberts stated he was concerned about the drainage from the southern line of Quail Crossing Addition to Lakeside Drive. John McEachern stated his concerns about a playground he understood was to be built in one of the lots. Mr. Hill explained the playground area is planned for the northwest corner of Reserve A. Les Mangus explained that in the Preliminary Plan, this development was to be divided into 3 phases and that there would be a playground lot built to serve the first 2 phases until the 3^rd was brought on. There was general discussion about a previously agreed upon lot being used for the recreation area until the last phase was built and the permanent playground was built in Reserve A. Les Mangus stated he went back and looked at the wording on the Preliminary PUD which states that a playground will be constructed in Reserve A during the development of this phase. Kenny Hill stated that he copied the text from the Preliminary PUD as it was approved. There was general discussion about the text on the Preliminary and Final Plats.

Les Mangus read from the General Provisions from the Preliminary Plat, filed at the Courthouse, which states in Item 20: "Reserve D shall allow signs, logos, berms, buffer areas, open space, drainage structures, parking, gazebos, sidewalks, paths, walkways, landscaping, lighting, irrigation, recreation facilities, benches, playground equipment, drainage retention or detention ponds and utilities confined to easements. Open space features in Reserve "D" may include children's play equipment, with swings, slide, etc…benches walkways, trees, and other related recreational facilities and structures. Kenny Hill stated that the Reserve areas have been relabeled from the Preliminary Plat stage. John McEachern stated he wanted to see 2 picnic tables built here. Lynn Heath stated he wants to have a couple of benches in this area. Dave Martine said he wants to see 1 tree planted per 1,000 square feet of open space. Kenny Hill asked that if this plat could be approved tonight and sent to the City Council, that he would talk to the developer and see how much of the items asked for could be added.

Motion was made by Lynn Heath to approve the Final Plat of the Caywood Addition- Phase 2. Motion seconded by David Ledgerwood. John McEachern voted no. Motion carried 7-1.

Review the Final Plat for Caywood Addition- Phase 2 (1/2 mile South of 21st and East of 159th)

Public Hearing to consider ZA-2002-02- a change to the Zoning Regulations adding the Protective Overlay District.

The Planning Commission asked Kenny Hill for his opinion about the Protective Overlay District. Mr. Hill said that it would give the developers a useful tool to get the zoning they need. Mr. Hill further stated that they generally average 10,000 square foot lot size, but suggested that the Protective Overlay District could specify that 30- 40 % of the lots have to be a minimum of 8,000 square foot lot size. 

Les Mangus stated the Commission has received the final memo from Bickley Foster in their packets along with a suggested motion to be used because they re-adopt the entire zoning book and will prevent the PO District from becoming an attachment to the existing Zoning Regulation book. Mr. Mangus further stated that this additional district would make the zone more restrictive and that it could be used even when it was not applied for to begin with. There was general discussion about the flexibility of the uses of this PO District. Mr. Mangus stated said this is a "micro planned unit development" that will work as long as it is not abused to the point of creating condition on appropriate zoning cases. Clark Nelson said that from a developer standpoint, this would be a very useful tool. Jeff Bridges suggested there be some discussion with the Site Plan Review Committee before imposing building design criteria, as there may be unique screening elements that are revealed during a public hearing.

Motion made by John McEachern that the P-O Protective Overlay District be adopted as presented to amend Article 4 of the Zoning Regulations and that the Zoning Regulations as now amended be adopted as a Model Code dated September 17, 2002 and recommended for approval and reincorporation by Ordinance by the City Council. Lynn Heath seconded the motion. Motion carried 8-0.

Public Hearing to consider ZA-2002-02- a change to the Zoning Regulations adding the Protective Overlay District.

Member Items: Dave Martine asked Staff where and how to implement benches, tables, and trees as requirements in new developments. Les Mangus suggested the Planning Commission create a policy to define the direction the Commission wants developers to take when platting property. John McEachern asked Mr. Mangus if he could research policy information from other cities and supply it for a workshop meeting. Mr. Mangus said he could do that.

Motion by Dave Martine to send a letter from the Planning Commission to Mayor Bush asking him to appoint a committee to develop standards for the improvement of reserves in residential areas with members representing the Planning Commission, Site Plan Review Committee, Subdivision Committee, and City Council. Lynn Heath seconded motion. Motion carried 8-0.

John McEachern asked if the travel trailer was still there mentioned in the last meeting. Les Mangus said it has been checked by the Code Enforcement Officer and is removed.

The Commission asked Les Mangus for an update on the McFadden development. Mr. Mangus stated they are making progress with the commercial property. There was general discussion on the minimum lot size in the MH-2. Les Mangus stated the Planning Commission could call for a Public Hearing on a change to MH-2 Zoning regulations if they want to change them.

Motion by John McEachern to call for a Public Hearing to change the Zoning Regulations for MH-2. Motion died for lack of a second.

Les Mangus stated that the Commission cannot make a decision that has the effect of prohibiting the manufactured housing. The Planning Commission asked Mr. Mangus to bring information concerning MH-1 and MH-2 Zoning Regulations along with the other changes requested for the workshop meeting.

Member Items:

Adjourn.

Motion by Dave Martine to adjourn the meeting. Motion seconded by John McEachern. Motion carried 8-0.

Adjourn.

Deborah Carroll, Administrative Secretary