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HomeMy WebLinkAboutMay 9, 2000 o o o o ~ 5- ;l. 3-0 0 o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MAY 9,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chair Larry Dalien on May 9,2000,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Mark Hedin, Tim Kirchoff, Douglas Falk, Acting Chair Larry Dalien, and Dean Daninger. Commissioners absent: Chairperson Jay Squires Also present: City Planner, John Hinzman Others APPROVAL OF MINUTES. April 25, 2000 Motion by Falk,' seconded by Hedin, the minutes be approved as submitted. Motion carried on a 6-ayes, O-nay, I-absent (Squires) vote. ACCEPT WITHDRA WAL: SPECIAL USE PERMIT AND VARIANCE REQUEST - US WEST WIRELESS, LLC - 3017 161sT A VENUE NW. City Planner John Hinzman explained that the commission couldn't accept the application from US West Wireless, LLC to extend the tower at 3017 161'1 Avenue NW. He mentioned that the City has a temporary moratorium ordinance on telecommunication towers and antennas. The ordinance allows for co-locations on existing tower structures but does not allow for a tower structUre to be expanded or increased in height. PUBLIC HEARING: REZ 00-03 - REZONE FROM R-3 TO R-4 AND LOT SPLIT 00-07 - 14268 ROUND LAKE BLVD - WAYNE NESS. Mr. Hinzman recommended combining items 4 and 5 on the agenda since they are located on the same property. Acting Chair Dalien accepted this request. Mr. Hinzman gave a brief explanation of the request for a rezoning and lot split at 14268 Round Lake Blvd. The applicant, Wayne Ness, is requesting to rezone approximately 31,756 s.f. of Regular Andover Planning Q Zoning Commission Meeting 0 Minutes - May 9, 2000 Page 2 ~J property from R-3, Single Family Suburban to R-4, Single Family Urban. The adjacent land is zoned R-3, Single Family Suburban on the north and west of the site, and the south and east side is zoned R-4 Single Family Urban. Mr. Hinzman explained that the original subdivision was created in the late 1960's or early 1970's as a small lot rural subdivision. Municipal sanitary sewer and water service was not incorporated into the original plat, however these services are now available along Round Lake Blvd. He mentioned that two municipal sewer connections are stubbed to the property, and would be located on the northern split parcel. Verification of the stub location is necessary in order to subdivide the property. Mr. Hinzman stated that if the request is granted it will be necessary that all applicable ordinances be met. (J Mr. Hinzman also gave a brief explanation of the request for a lot split at the same address, 14268 Round Lake Blvd. He mentioned that the applicant is requesting to split the northern +/_ northern feet from a 31,756 s.f. parcel, the remaining parcel would be approximately 15,301 s.f in size. He stated that the applicant proposes to split the existing home from the property to permit construction of a new home. There is access to both parcels by Round Lake Blvd, and City sewer and water have been stubbed to the property. However, the property owner would need to petition the City Council for assessments in order to be served. Mr. Hinzman explained that the Building Official has indicated the property is generally buildable, and an accessory would be severed from the house property upon execution of the lot split. He explained that if the request is granted it will be necessary that all applicable ordinances be met. Mr. Hinzman recommended that the commission discuss the rezoning and lot split request, however table the formal approval until the next Planning and Zoning Commission meeting on May 23,2000 to allow time to verify the stub location. Commissioner Apel questioned if a comprehensive plan amendment is necessary for this request. Mr. Hinzman stated that an amendment is not necessary for approval. Acting Chair Dalien questioned if verification of the stub location is not provided, then would the request be denied. Mr. Hinzman explained that it is possible to move the existing stub, and put a new stub into the property or create an easement over the split portion for the sewer service to the existing home. Staff would prefer the property line be moved to place each sub on each property if possible. Commissioner Kirchoff questioned what would happen if the garage were not removed. Mr. Hinzman stated that the lot split would then be null and void. Commissioner Daninger questioned who would be responsible for removing the stub, and if the stub remains in the same location then may they request a variance. Mr. Hinzman explained the o removal procedures that were to be the outcome. o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - May 9, 2000 Page 3 /' ) '-- Commissioner Daninger questioned why the request is being discussed if a recommendation can't be made tonight. Mr. Hinzman explained that since a public hearing was advertised to the public it is necessary to open the public hearing for discussion. Commissioner Falk questioned ifthe lot were sold, would the new property owners be able to keep the garage. Mr. Hinzman explained that the new property owners would be able to keep the garage provided a home was built. Motion by Apel, seconded Hedin, to open the public hearing at 7:11 p.m. Motion carried on a 6- ayes,O-nay, I-absent (Squires) vote. There was no public input. Motion by Daninger, seconded by Hedin, to table the public hearing until the May 23, 2000 Planning and Zoning Commission meeting pending additional information from the applicant. Motion carried on 6-ayes, O-nay, I-absent (Squires) vote. ,'\ \~I PUBLIC HEARING: ORDINANCE 10 - PLATTING ORDINANCE - VARIOUS SECTIONS INCLUDING LOT SIZE AND SKETCH PLAN REQUIREMENTS. Mr. Hinzman gave a brief presentation explaining the amendments that are being recommended by staff to Ordinance No. 10, Platting and Subdividing. He explained that the changes recommended for Section 6 are minor amendments that consist of the requirement of an aerial photo with the sketch plan overlay. The changes to Section 7 are also minor and are listed in the staff report. The changes to Section 9.06 are a little more in depth and are primarily in section 9.06A2, the reason for this is the said amendment is proposed to be deleted as this section or provision is inconsistent with the Andover Comprehensive Plan. Acting Chair Dalien questioned the item being added regarding the aerial photo being required with the sketch plan overlay. Mr. Hinzman explained a new procedure staff is using by placing a mylar transparency over the new sketch plans to get a better clarification of the land. Commissioner Apel questioned Section 6.02 in the Ordinance. Mr. Hinzman reviewed Section 6.02. ~ Acting Chair Dalien stated that it would be critical that the most current aerial photos be used in order to provide an accurate picture. Mr. Hinzman agreed and mentioned that they could put in an amendment that they will use the most recent photos available. o 0 Regular Andover Planning and Zoning Commission Meeting Minutes - May 9, 2000 Page 4 CJ Motion by Hedin, seconded by Kirchoff, to open the public hearing at 7:19 p.m. Motion carried on a 6-ayes, O..nay, I-absent (Squires) vote. There was no public input. Motion by Falk, seconded by Hedin to close the public hearing at 7:19 p.m. Motion carried on a 6-ayes, a-nay, I -absent (Squires) vote. Commissioner Apel mentioned that since changes with Section 9.06 have been enforced there have been very few problems. Motion by Daninger, seconded by Falk, to recommend approval to the City Council of the amendment to Ordinance lOin Section 6, Sketch Plan in addition to using the most current aerial photo available; Section 7, Preliminary Plat; and Section 9.06, Lots. Motion carried on a 6-ayes, O-nay, I-absent (Squires) vote. DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING ORDINANCE. o Mr. Hinzman explained that the commission has been asked to review the hunting boundaries throughout the City and recommend any changes if necessary. He displayed a map showing the areas where hunting is authorized. It was mentioned that there are areas that are becoming more urbanized; therefore it is important the Ordinance be reviewed. Commissioner Apel questioned if the area that is becoming more urbanized is where fields have existed in the past. Mr. Hinzman pointed out the larger areas where hunting is currently allowed. Commissioner Kirchoff questioned if this Ordinance follows the MUS A boundary. Mr. Hinzman explained that it somewhat follows the MUSA boundary. Acting Chair Dalien questioned if there have been any other complaints from property owners other than the petition received. Mr. Hinzman stated that the City has received approximately 10 additional complaints above and beyond the petition. Acting Chair Dalien questioned if a specific area on the map allowed hunting. Commissioner Hedin stated that it would be helpful ifthere were a map that would designate which areas are 10 acres or more to show the areas permitting hunting. Mr. Hinzman explained and pointed out the areas on the map that are approved for hunting. o Commissioner Hedin questioned if slugs are allowed in the City of Andover. Commissioner Apel stated that they are allowed. Regular Andover PlanningQ Zoning Commission Meeting 0 Minutes - May 9, 2000 Page 5 o Acting Chair DaIien questioned what the projected distance is for a slug. Commissioner Apel explained that the distance for a slug is approximately 75 yards. Commissioner Daninger questioned if there are other neighboring cities that allow firearms for hunting to take place within City limits. Commissioner Apel mentioned that the City of Blaine does allow firearms for hunting. Commissioner Falk stated that it is important to remember that there is a lot of agriculture in the City of Andover. Commissioner Apel stated that he is pro hunting, however when it starts to surround schools and residential developments it becomes a concern. Commissioner Daninger explained that the respectful hunters are typically the ones that hunt. Commissioner Apel suggested gathering some comparisons and input from neighboring cities such as Ham Lake, Ramsey, etc. o Commissioner Hedin mentioned that another part of the request was for bow hunting. He explained that if someone is bow hunting they are usually dressed in camouflage and only shoot at a distance of approximately 20.feet: ~QrdS ~lLcL S-:;r3--co Commissioner Kirchoff questioned if an overpopulation of deer becomes an issue, who would be responsible, the City or the DNR. Commissioner Apel explained that it becomes an issue the City needs to address. Mr. Hinzman swnmarized the commission's comments. He mentioned that he would gather input from neighboring Cities, and also come up with a better map. Acting Chair Dalien questioned how the meeting with the City Council would be advertised, since this issue is an area of concern for many property owners. Mr. Hinzman stated that the meeting would be advertised through the newsletter and cable television. DISCUSSION: CONTRACT REZONINGS. o Mr. Hinzman explained that the commission has been asked to examine a change in Ordinance 8, Zoning requiring execution of a contract between the developer and the City for all multiple family district rezonings. He mentioned that unique development standards would be negotiated between the developer and the City as a condition for the rezoning. The premise for the contract is to formulate development standards to ensure consistency and compatibility with surrounding land uses, before land is zoned for multiple family. Regular Andover Planning a Zoning Commission Meeting 0 Minutes-May 9, 2000 Page 6 / -'\ \_-) Mr. Hinzman stated that the Zoning Ordinance regulates lot size, density, and uses but does not address compatibility and development standards. He explained that under the present ordinance, it is not necessary to have development standards or even a sketch plan for a development of the property. Acting Chair DaIien questioned where the Contract Rezoning had been used in the past. Mr. Hinzman stated that Sunridge twin-home development south of Commercial Blvd was approved as a contract rezoning. Acting Chair Dalien stated that he felt the change in Ordinance 8 would be beneficial to the City. Commissioner Kirchoff questioned if it would include all rezoning locations. Mr. Hinzman responded only multiple family districts would be included. Acting Chair Dalien questioned if this has been done in other cities. Mr. Hinzman stated that he is unsure, however he is checking to see what surrounding cities already have this Ordinance in place. r-----" V Mr. Hinzman summarized the comments given by the commission to reflect a favorable response to report to the Council. DISCUSSION: TRANSITIONAL COMMERCIAL DISTRICTS. Mr. Hinzman explained that the commission has been asked to consider establishing a commercial zone along major roadways to serve as a buffer to adjacent housing. He stated that the current Ordinance 8, Sections 6 & 7 establish four commercial districts, two of the zones Neighborhood Business and Limited Business both intended for small areas ofIocalized business. . ' Mr. Hinzman mentioned that the commission might wish to modify the Neighborhood Business District to incorporate development standards to establish added protection near residential areas. These standards could include: additional minimum setbacks, additional screening, hours of operation, traffic, lighting, and exterior storage. Mr. Hinzman presented a chart classifying different areas either as permitted or conditioned. Commissioner Apel questioned if this was discussed in the ordinance review and the comprehensive plan. He mentioned that views the idea to be beneficial to the City. Commissioner Kirchoff questioned if pets or kennels would be allowed. <J f" \.._J I ,_.1 ') () <J Regular Andover Planning ~ila Zoning Commission Meeting Minutes - May 9, 2000 Page 7 Mr. Hinzman mentioned that if the commission would like more specific changes, that there would be no problem and he would just delay responding to the Council with the commission's comments. Commissioner Kirchoff questioned if the purpose of this is to primarily look at the Limited Business District. Mr. Hinzman explained that the purpose is to look at the changes to the Neighborhood Business District and the Limited Business District. Mr. Hinzman requested initial feedback from the commission to determine if further research is indeed necessary. Commissioner Falk stated that he viewed the idea to establish a commercial zone along major roadways to be a positive change for the City. OTHER BUSINESS Mr. Hinzman briefed the Planning and Zoning Commission on the outcome of the issues that were pending with the City Council. He also gave a brief overview of items that will be up for discussion at the next Planning Commission meeting. Commissioner Hedin asked if it would be possible for the commission members to receive the minutes from the last City Council meeting in their packets. Mr. Hinzman explained that it would not be possible since the City does not have the minutes soon enough. ADJOURNMENT Motion by Dalien, seconded by Hedin, to adjourn. Motion carried on 6-ayes, O-nays, I-absent (Squires) vote. The meeting was adjourned at 8:02 p.m. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc