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HomeMy WebLinkAboutFebruary 9, 1999 f', \.J ,---.. \.J r---" . J V o o CITY of ANDOVER 'LANNING AND ZONING COMMISSION MEETING - FEBRUARY 9, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on February 9, 1999, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Dean Danniger, Douglas Falk, and BevJovanovich Commissioners absent: Jeff Luedtke and Jason Osberg City Planning, John Hinzman Community Development Director, Dave Carlberg Others Also present: APPROVAL OF MINUTES. January 26, 1999 Motion by Jovanovich, seconded by Danniger, the Minutes be approved as submitted. Motion carried unanimously. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-02) - CONSTRUCT ELECTRICAL TRANSMISSION LINES (2) - GREAT RIVER ENERGY/CONNEXUS ENERGY. Mr. Carlberg stated the Commission is requested to review the Special Use Permit request of Great River Energy/Connexus Energy to install two electrical transmission lines connecting a new transformer located at the northwest comer of Bunker Lake Boulevard NW and Hanson Boulevard NW to two existing power lines generally located at Nightingale Street NW and 153rd Avenue NW, and Hanson Boulevard NW and 173rd Lane NW. Proposed Route Segment A would traverse out of the Bunker Lake Substation along the westerly edge of the WDE site to Crosstown Boulevard NW and then follow Crosstown Boulevard NW north to Nightingale Street NW to the existing EP line which is located in the vicinity of Nightingale Street NW and 153rd Avenue NW. The proposed route for Segment B is parallel to and would run on the east side of Hanson Boulevard NW from the vicinity of 153rd Avenue NW north to the existing ES line which is located in the vicinity of Hanson Boulevard NW and 173rd Lane NW. Mr. Carlberg advised that Ordinance No.8, Section 7.03 requires a Special Use Permit for public utility structures and uses except when located on a public right-of-way. He reviewed the criteria contained in Ordinance No.8, Section 5.03 which regulates the Special Use Permit process including the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land; existing and anticipated traffic conditions including parking facilities on adjacent / , f 1 , '... ~ ":'~ \. ) 0 Regular Andover Planning\nd Zoning Commission lvfeeling Minules - February 9, 1999 Page 2 '. " j streets and land; the effect on values of property and scenic views in the surrounding areas; and the effect of the proposed use and its consistency with the Comprehensive Plan. Mr. Carlberg advised of the published and mailed notice that was provided. Gary Ostrom, representing Great River Energy, introduced himself and Great River Energy (formerly UP A) and Connexus Energy (formerly AEC). He reviewed their discussion with City staff regarding this request and presented a map detailing their current system. Mr. Ostrom explained that over the years the demand for electric power has increased and is now to the point where they desperately need to make improvements in the Andover area. He displayed a bar graph identifying the annual energy level at the Bunker Lake Substation that has seen an increase doubling in capacity from 1992 to 1998. The proposed project involves the addition of a transfer point at the intersection of the Hanson Boulevard and Bunker Lake Boulevard substation. Presently, there is a 230-kV transmission line in that substation and one component of the project will be to transform it down to 69-kV which will be transferred into the existing system. He stated they have not done any improvements in the Andover area since 1968 but the expansion and growth has now necessitated this improvement. -' Mr. Ostrom reviewed the proposed route for both Segment A and Segment B and then displayed a colored picture ofa '"before" and "after" picture of the east side of Crosstown Boulevard. He emphasized that this is not a large project since it relates to subtransmission and single line poles. He displayed several other "before" and "after" colored pictures along the project alignment, noting the impact to the oak trees where the existing three-phase lines will be removed from the existing poles and placed on new poles. Mr. Ostrom stated the poles would be 45 feet from the center of the roadway which provides anlple room to build and maintain the transmission line. He explained that it had previously been mentioned that there would be a considerable amount of tree clearing in the area north of Andover Boule.....ard. They now estimate it will result in the removal of20 to 25 trees. He stated they feel this is a reasonable route and have held several puhlic informational meetings to inform residents of this proposal. He stated he is confident that they will be able to work with the property owners to address their concerns. Mr. Ostrom displayed colored "before" and "after" pictures of the area at Hanson Boulevard and CR #20, noting the location of the existing transmission line which will be removed and rebuilt with 69- kV transmission line poles. The poles will be located approximately 55 feet from the centerline of Hanson Boulevard which is in approximately the same location as the existing transmission line. He then reviewed a colored picture representing the "before" and "after" views in the opposite direction, viewing south along Hanson Boulevard. Mr. Ostrom stated they have also had public informational meetings regarding this segment, feel it is a reasonable alignment, and the amount of tree impact will be negligible. He advised that one area of concern is with Ms. Aasness' trees so they intend to design a special section to eliminate having to cut those trees. Mr. Ostrom noted the location along .' \ Hanson Boulevard where no transmission line currently exists so they will construct a new one. He .'--. / Regular Andover Planning(rld Zoning Commission Aleeting U Alfinutes - February 9, 1999 Page 3 , ) stated his appreciation for the Planning and Zoning Commission's consideration of this request. Mr. Ostrom stated they believe this is the best possible route for the transmission line. Commissioner Falk inquired regarding the option of an underground transmission line and what the cost difference would be. Mr. Ostrom stated they looked at that option but there is a cost issue since it would cost from six to ten times the base cost of a regular wooden pole transmission line ($lOO,OOO/mile versus $1 million/mile). He noted that there is also a liability issue due to the difficulty of finding a break in the line with an underground system, especially during winter weather months. Mr. Ostrom noted the many utility service lines that are already placed underground including electric, cable television, gas, etc. Because of this and since they don't want to establish a precedence, they are not comfortable with considering an underground installation. Commissioner Falk asked how many households will be served by the new transmission line. Mr. Ostrom stated this line is designed to serve for 20 to 25 years into the future. At that time, a larger conductor on the pole may be needed. Chairperson Squires asked if Segment A, in the area of the northerly turn and where the line crosses Andover Boulevard to Nightingale Boulevard, is located \.vithin the right-of-way. Mr. Ostrom stated it is. , ) Chairperson Squires asked about the viability of other alternate routes. Mr. Ostrom stated they looked at one ivute that followed Coon Creek to the section line and then turned northerly to the existing transmission line. He advised that title searches were done and informational meetings held but it was not very well received. He explained that concerns expressed involved the impact to this natural corridor along Coon Creek and access concerns as it related to maintenance. Chairperson Squires asked if they explored crossing Crosstown Boulevard at Coon Creek and then rtlmling in the same alignment as the existing transmission line. Mr. Ostrom stated they did consider that alignment but there is a wall of oak trees that would he substantially impacted. Also, two homes would have been very close to the transmission line with that route. With the proposed alignment, a row of pine trees will buffer the transmission line from existing homes and make it difficult to see. Mr. Ostrom stated they did consider several other alignments as well but the City Council and audience members appeared to not support crossing the roadway. Chairperson Squires asked about the distance from Segment A and the closest home. Mr. Ostrom stated there are two homes just to the west of the City Hall that would be very close to the transmission line. '\ .\._ J Chairperson Squires asked if there is any concern about the effect of the EMF on people in that proximity. Mr. Ostrom stated this question is always raised and their position is that this transmission line is fairly benign. He advised that the projected measurement, 100 feet from the transmission line, fall to what is generally background levels. He explained the field that raises most ) U Regular Andover PlanninJand Zoning Commission Meeting A..Jinutes - February 9, 1999 Page .f . , , '- ) health concerns is the magnetic field, not the electrical field. A meter measuring the field 100 feet from the transmission line will be I to 2-mV. Mr. Ostrom stated his house is metered at 7-mV. Larry Peterson, Connexus Energy, clarified that the issue raised about cattle and milk production deals with stray voltage and is a distribution, not transmission, issue. He stated this is a totally unrelated issue. Mr. Ostrom reviewed a chart identifying the measured magnetic field of appliances from the point of contact, at one foot, two feet, and three feet. He advised this concern has been studied very extensively and nothing conclusive has been found. Commissioner Falk asked about the danger point. Mr. Ostrom stated he is not an expert regarding electric and magnetic fields but two states have established regulations and set the level at the edge of the right-of-way at 150-mV to 200-mV. He noted in this case the readings will be between I-mV and 2-m V. Mr. Ostrom stated they did make an attempt to get this infonnation out to the public at the infonnational meetings. , - ) Commissioner Danniger asked if there are any other alternate routes for Segment A. Mr. Ostrom stated there are two basic routes as he mentioned earlier. He explained that it keeps coming back to being compelled by Statute to follow existing corridors rather than creating new corridors. He noted that Hanson Boulevard provides an excellent corridor and they believe they can wo!"k with property owners. He advised they wiII replace any trees cut one-for-one and will work with City staff as well. Mr. Ostrom stated they spend a lot of time and effort working with the land o\vners and have been successful in building other transmission lines. He noted that these land owners are also their customers. Commissioner Falk asked why the same corridor on the east side of City Hall was not followed for Segment A. Mr. Ostrom explained the NSP 345-kV line is on the west side and their 230-kV line is on the other side so there is really no room at Bunker Lake Roulevarci and Hanson Boulevard without impacting the homes or roadway. He explained that they need about 75 feet of separation from the NSP system and locating the line on the west side of Hanson Boulevard would greatly impact the existing homes and schools. Motion by Apel, seconded by Jovanovich, to open the public hearing at 7:46 p.m. Charles Bies, 1969 148th Avenue, stated that he was under the belief that Segment A would cross the road and continue on the west side past his home and then re-cross the road near Sunshine Park and continue on Nightingale Road. He stated he is one of two people effected and he is disappointed the Commission is considering making decisions on a "feeling" received from the City Council. He stated he was very satisfied about the approach of the utility company being respectful of their homes and property and the power company has appeared cooperative with the residents who live " along the transmission line. Mr. Bies stated he had no issue with that but now, all of a sudden, the ,-j () C) Regular Andover Planning and Zoning Commission A1eeting Minutes - February 9, 1999 Page 12 , ) Mr. Carlberg explained the trunkJine was extended to build the school and properties were assessed for that extension. However, the City now supports orderly development and no longer allows "leapfrog" development. Chairperson Squires stated that the Sensible Land Use Coalition identified the problem oflarge lot developments that get in the way of natural growth and extension of utilities and determined that type of development acts as a "wall" and limits options for the City. He stated it may be worthwhile to research other options beyond the I for 10 or the I for 40 standard. Mr. Carlberg asked if the Commission wants to recommend the deletion of Section 9.06A2 to allow for smaller lots since they are within the urban service area. Chairperson Squires stated that while he may support preserving the urban service area, he would like more research conducted before supporting an arbitrary rule that impacts property rights. Upon inquiry, Mr. Carlberg and Commissioner Apel explained the I for 10 and I for 40 development restriction. Mr. Carlberg asked if there is interest to incorporate some type of requirement rather than just deleting Section 9.06A2. \ ~j Chairperson Squires stated he shares Commissioner Apel's concern and would like more public involvement prior to making a recommendation. jlfotion by Apel, seconded by Jovanovich, to open the public hearing at 9:15 p.m. Windslow Holasek, 1159 Andover Boulevard, stated he also agrees with Commissioner Apel that if known, many land owners would be in attendance to express concern. He suggested that an explanation of the impact be advertised so the public is aware of what it will do. Mr. Carlberg stated a public hearing notice is published which contains information but the agenda simply indicates the topic. Mr. Holasek stated you can not have the same regulations in a transition area as in an area on the north border that will never receive sewer service. Mr. Carlberg stated staffwill explore and research other options and submit that information for Commission consideration at a future meeting. There was no other public input. Motion by Apel, seconded by Luedtke, to close the public hearing at 9:24 p.m. Motion carried :) unanimously. r) U Regular Andover Planning a~d Zoning Commission ,vfeeting Minutes - February 9, 1999 Page 5 - '\ '- j alignment has shifted to his back yard, less than 60 feet from his home. He stated that he wonders why the same consideration given to the area along Nightingale Street is not being given along Crosstown Boulevard. He stated he is concerned about special interests and would like something more substantive than someone being bothered about the power line crossing the roadway. Jim Martensen, 14905 Crosstown Boulevard, stated he owns the other home affected. He noted the transmission line would be less than 50 feet from his house and will cross over his property and not be within the right-of-way. He stated that the alignment didn't bother him before but this new alignment will impact his house and bothers him. Dave Leindecker, 14570 Martin Court, stated he respects the utility company's work with the residents but he is curious about the Coon Creek option and public opposition. He asked how many residents opposed that alignment compared to opposition of residents along Hanson Boulevard. He stated his impression that the utility company was to take a more serious look at the Coon Creek option. Mr. Leindecker stated that he is not an expert on safety and suggested that an expert be asked to satisfy the Commission and residents relative to safety. He noted that the chart used by Mr. Ostrom identified appliances that run only a short period of time as opposed to the transmission line that runs 100 percent of the time. , ,,/ Vickie Hagen, 16157 Hanson Boulevard, stated they were presented with this last year and received a letter in May addressed to an address they had not lived at for four years. She explained there had already been two informational meetings but they were not invited to them. Ms. Hagen stated they should have been invited to these meetings and then later were notified of additional meetings. She stated they have a 345-kV NSP line across the street and a 230-kV line in front of their homes, or 575-kV passing in front of their home and the proposal is to add another 69-kV, or total of 644-kV. She asked why the line doesn't continue up Nightingale Street where there are no current transmission lines. She expressed concern with the health danger and loss of property values. She explained their six-acre lot is already one-half encumbered by easements. Julie Hank, 16289 Hanson Boulevard, stated they would be able to view these power lines above the trees. She stated she is trying to sell her home and does not believe anyone will want to buy it because of the transmission lines. Chairperson Squires clarified they will not be adding another line but removing one and replacing it with a new one. Ms. Hagen stated the existing line is for their local power and she understands they arc planning to bury it. She stated she objects to the substantial amount of voltage running through the lines. Ms. Hank stated she objects to the loss of property value that will result from this high voltage running by her property. She advised of another resident who docs not support the additional power r.~ lines. Ms. Hank asserted that there are a lot of health issues as well. ,_/' o Regular Andm'er Planning and Zoning Commission ,Heeting Minutes - February 9, 1999 Page 6 u '. " ) Ms. Hagen commented that a world-wide study by 19 scientists was just concluded on the result of EMF on people and animals. She stated the study was inconclusive but they did verify bone disorders and cancer in children. Ms. Hagen stated that 15 of the 19 scientists agreed it affected neurological growth and development. Ms. Hank stated there is no proof EMF can harm you but there is also no proof it cannot harm you. Ms. Hagen stated she does not feel sorry for a resident objecting to having only one power line and asserted that having 644-kV is probably illegal. She stated she feels this project is being shoved onto the residents. Commissioner Apel stated he has three lines in this back yard. He commented that it is ludicrous when people come to the hearings and make assumptions that no one has checked out these things. He stated the approach should not be taken that the Commission and those involved live in a "vacuum" because those concerns have been researched. He stated he realizes that things which effect you personaily are harder to take than those that affect your neighbor but in a society where you want the electrical services then you have to expect to make sacrifices. Commissioner Apel stakel th:lt while it may not be palatable by some property o\';ners, it is needed. He stated residents' concerns are wcll founded but once all parties involved look at it, a decision will be made by-and- , j large tbat is best for the whole community. He agreed that some residents are more impacted than other:;. Ms. Hagen statcd that two of her young dogs, six-year old, have died. She stated the dogs had joint pain that is mentioned as a result in the study. She stated her horses are oftentimes under the lines and she does not know what the effect will be on them. From the health standpoint, she asked the utility company to find another route. Ms. Hank stated again that this would be the third transmission line, not the first or second transmission line. She stated that the Environmental Power Audit said money is not an argument or issue for not installing underground service if it deals with your health or the environment. She stated that she talked with the owner of the Environmental Power Audit. Ms. Hank stated that the view is awful now an adding another transmission line will make it worse. She stated if they had known about this proposal they would not have purchased this home. Allen Hagen, 16157 Hanson Boulevard, asked why a transmission line couldn't go farther north. He stated more homes will be built so the need for service will be greater. He expressed concern that even more than three lines will be in front of their property. He reported on a convention that was held at the Northland Inn about a world-wide study and that out of 25 scientists, 19 said the magnetic field effects cancer in certain people, especially Leukemia in children when compared with children who do not live by magnetic fields. He read a portion of the article. , '\ \._j Regular Andover PlanninJ~~d Zoning Commission Afeeting U ,'-'finutes - February 9, 1999 Page 7 , '- / Ms. Hank stated that one of her dogs also died and her family has experienced health symptoms that she thinks should be looked at. She stated she believes that that 644-kV does impact your health. Mr. Hagen stated other cities bury utility lines and he does not think there is another area in Andover with 644-kV. He noted that once the line is underground, the natural elements can not impact the lines so there should be no reason to dig them up. He asserted the only reason the utility company objects to underground lines is the cost to do so. Mr. Hagen noted that ice storms could also impact and break overhead power lines. Ms. Hank stated that previously she looked at a very nice home which was cheap but located under a very large power line so she was not interested. She again stated her objection to an additional transmission line. Mr. Hagen asked if they would re-pave the entire driveway or just patch it after the transmission line is installed. He noted that they have power now so this new transmission line provides no benefit to them. Mr. Hagen asked if they have considered installing a new substation farther north to serve the new homes that will be built. He noted that the article he referred to earlier indicates that a five-year study will be started to study health impacts. ,_ J Ms. Hagen stated that previously it was indicated the transmission line will serve to 30 years in the future but tonight it was indicated only 20 years. Sheila Anderson, 149th and Crosstown Boulevard, noted that the area between 146th and 149th Avenues is a narrow road without a ~houlder and asked ifit will be widened. She questioned if widening will impact where the transmission line will be located. She also asked if the higher voltage would impact television or radio reception. Chairperson Squires inquired regarding the height of the wooden poles. Mr. Ostrom stated the above ground poles will be 55 to 60 feet. Presently they are 35 to 40 feet, depending on the temin. Mr. Ostrom stated he met with Julie Hank and Vickie Hagen and has tried to address their health concern about magnetic fields. He stated it is correct that an oversight occurred and they were not notified early on so to correct it they held another informational meeting. With regard to crossing Crosstown Boulevard, he stated it is correct that the notice to the informational meeting showed an alignment on both sides but at some point it was decided to locate on the west side in the area of the Martensen and Bies homes. Chairperson Squires asked if the transmission line is still within the right-of-way. Mr. Ostrom stated if crossing to the west side the line is not within the right-of-way. He stated he would check again on the right-of-way width in the area of the Martensen home. , , \..) U Regular Andover Planning and Zoning Commission Jleeting Minutes - February 9, 1999 Page 8 o , I , I Mr. Ostrom stated if you drive around the metro area, outside of the downtown area, you will see a preponderance of overhead transmission lines. With regard to damages to the underground transmission line, he stated he has been with the utility for more than 20 years and there have been damage claims. With regard to a station north of City Hall, he explained that it is not needed from a distribution standpoint. They looked at the possibility of building a substation but dismissed it early on since it was in a residential area. Currently, the substation takes up several acres and is located in a commercial area. Mr. Ostrom stated he talked with Anoka County and has a permit along Crosstown Boulevard and Nightingale Street. He stated they realize there will be roadway improvements but the transmission lines will be located outside of the clear zone. Mr. Ostrom displayed pictures of several very expensive homes located in close proximity to transmission lines. He stated they continually see this happening so they have not been able to substantiate that there is a loss in property or home value when utility lines are in close proximity. He suggested that any impact would be almost minimal. He stated they consulted an appraiser and it was difficult for him to come up with a lot of reduction in value. On television reception, Mr. Ostrom stated he has encountered that problem only once in the Princeton area where it was determined the problem was being caused by a piece ofloose equipment, which was corrected. Mr. Ostrom presented a bar graph identifying mG measurements from the centerline of the 230-kV ) at 7.4mG, 100 feet at 2.3mG, 200 feet at l.4mG, and kitchen at 0.9mG. He then reviewed a bell graph representing the existing 230-kV line and the proposed 69-kV line. He stated that the maximum rating on that line showed that at 100 feet from the centerline of the 230-kV the fields drop off substantially, indicating the impact of the additional transmission line is negligible. Mr. Ostrom reviewed a second bell graph which measured the NSP line also showing a negligible field at the right-of-way line. He stated there would not be an added effect from the proposed transmission line. Commissioner Falk asked if the Commission needs to take any action regarding Mr. Martensen's right-of-way issue. Commissioner Apel explained that issue is not within the jurisdiction of the Planning and Zoning Commission. Mr. Carlberg stated if the line is outside of the right-of-way, the Special Use Permit would not apply. Based on the results of that right-of-way negotiation, staff will determine how the Special Use Permit would apply. Mr. Ostrom reviewed an article written by Dr. Robert Park, American Physical Society, noting that the exhaustive seven-year study indicated nothing conclusive has been determined regarding a link between exposure to EMF and childhood leukemia and it is time to stop wasting research resources. He explained that Dr. Park was one member of that study group. He presented several other articles indicating similar findings. Mr. Ostrom restated that this is a simple single wooden pole transmission line. - ') '- ",/ o Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 1999 Page 9 o , ... , ) Commissioner Jovanovich asked how many homes are located along the proposed Segment A alignment between CR #18 and Hanson Boulevard. Mr. Carlberg stated there are 80 acres of homes not identified on the map plus there are approximately 6-10 homes. Mr. Hagen stated he understands no trees will be removed from his property but it appears they will remove 150 feet of oak trees. He stated that he wants to be compensated for each and every tree that is removed since it screens their home from Hanson Boulevard. He stated that the topic of compensation for changing the easement has not been raised and he would like to know how much they are talking about. With regard to an appraisal of property values, he indicated the residents might get their own appraisal to see if property values are impacted when in close proximity to power lines. Mr. Bies asked about the number of homes affected. Mr. Carlberg explained the question was about the Segment A alignment between CR # 18 and Hanson Boulevard. Mr. Bies stated he recalls that none of the lots on the immediate right-of-\vay are occupied. Mr. Carlberg stated that is correct. Mr. Bies stated he has ovmed his property since 1983 and he believes their area should be treated differently since homes already exist. r " Mr. Martensen stated the 69-kV line will be located dovm a field where there are no homes, roads, or access. He suggested an alignment on the west side of Andover Boulevard and up Coon Creek would result in the same situation. '-..j Ms. Hank stated it was indicated that there is no value decrease to homes so she believes the utility company should buy the homes and resell them. She stated that an alternate route could be up Nightingale Street rather than along Hanson Boulevard. Ms. Hank stated that the Mayor had suggested the power lines go through the sod fie!ds instead of in front of resident's homes. She suggested again that the utility company be required to buy their homes and resell them. There was no other public input. Motion by Falk, seconded by Ape!, to close the public hearing at 8:45 p.m. Commissioner Ape! stated there has already been a lot of discussion on this issue and he believes the problems with the two lots (Martensen and Bies) can be resolved. He stated that he has seen no reason to make a significant change in the proposal presented to the Commission. He stated good consideration should be given for the two lots impacted but the Planning Commission needs to determine if the request meets the ordinance and assure the legal requirements have been met. Motion by Apel, seconded by Danniger, to recommend to the City Council approval of the Special Use Permit request of Great River Energy/Connexus Energy to install two electrical transmission lines based on the rationale that the Commission finds the request meets the requirements of the r ) '-../ o lJ Regular Andover Planning and Zoning Commission Meeting Minutes - February 9. 1999 Page 13 . \ , OTHER BUSINESS Mr. Hinzman reviewed a map identifying agricultural preserve property and explained the process to be followed to remove that designation so the property can eventually be developed. Mr. Hinzman updated the Planning and Zoning Commission on recent Council action related to their recommendations on planning cases. Mr. Hinzman reported that one item for the next Commission agenda relates to Northern Natural Gas who is considering the installation of an additional pipeline in their existing easement across the City from Prairie Knoll Park to 169th Avenue and Rum River. They are also looking at construction easements. He advised there might be issues with structures and vegetation since some of the easements cut through residential properties. /- '\ ....J Mr. Holasek stated this project would serve property outside the City of Andover but result in a lot of boring and disruption. He pointed out that the existing eight-inch line is almost 40 years old so they want to install a new 16-inch line. But, they want to install the 16-inch line 20 to 25 feet from the existing eight-inch line which will require twice as much right-of-way. He suggested they not be allowed to create another easement. Mr. Carlberg agreed that this application will raise many issues, especially the construction easement which will result in more disruption. Mr. Carlberg reviewed the updated lot inventory and building permit activity infonnation as requested at the last meeting. He stated this infonnation would be provided to the Commission on a monthly basis. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT Motion by Luedtke, seconded by Apel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:37 p.m. Respectfully submitted, Carla Wirth, Recording Secretary (_) TimeSaver Off Site Secretarial, Inc. (J Regular Andover Planniniu~d Zoning Commission Afeeting Minutes - February 9. 1999 Page 10 , , '- ) Zoning Ordinance noting, in the fourth WHEREAS, that there was significant public opposition to the request. Chairperson Squires entered into the record the letter received from Jason and Beth Schutz indicating they were unable to attend and believe the power line should either continue to run through open undeveloped fields one block west of Crosstown Boulevard, continue on Hanson Boulevard where the existing power lines/power corridor is maintained, or redo the power lines currently situated on the wet side of Crossto'WTI Boulevard at 146th A venue/14 7th Avenue where there is already an easement, Their concerns include the number of trees taken down on their property and that more land would be taken in the future for other various reasons. '- ) Chairperson Squires noted that with Segment B along Hanson Boulevard, new poles would run within the existing easement and, in his judgment, that would not need a SUP. He stated that based on the evidence heard today to apply those standards, he does not believe replacing the existing pole with one that is 15 feet higher and a higher load would have a health impact with surrounding properties. He stated it has not been demonstrated that the difference in the pole height would have a significant impact on property values. He stated a reasonable and prudent purchaser knows of the existing easement, as the existing property owners knew. He stated it has not been demonstrated that there would be a depreciable decrease in property values to warrant denial of the request. He stated that while he supports the motion, he would like further exploration before Council consideration by the utility company and residents to look at moving the line to the west side ofCrossto'WTI Avenue. He stated he can only speculate on the comparison of the east versus west side of Crosstown Boulevard and would like to kno"v the specific number of trees impacted on each side, and the impact of jogging over and following existing poles on the west side of Crosstown Boulevard. He stated when the opportunity exists to follow an existing line, people's expectations when the purchased their property can be better met. He stated he has not been convinced that this option is not feasible and would like it further explored, Chairperson Squires asked the utility company and staff to do further research on that option. ~ .~. Commissioner Jovanovich concurred and stated she would prefer following the route of the existing line as opposed to creating a new corridor. Motion carried unanimously. Mr. Carlberg stated staff will again look at that alternate route prior to the Council meeting. The City Council will consider this recommendation at their March 2, 1999 meeting. PUBLIC HEARING: AMEND ORDINANCE NO. 10, SECTION 9.06A2, AREAS LACKING MUNICIPAL SANITARY SEWER WITHIN THE URBAN SERVICE AREA - SAID AMENDMENT DELETES THIS SECTION. .r-\ Mr. Carlberg stated the Commission is requested to hold a public hearing on the proposed '---.j (~ C_) Regular Andover Planning and Zoning Commission Aleeting Minutes - February 9, 1999 Page II , '\ amendment to Ordinance No. 10, Sections 9.06A2 that relates to the minimum buildable requirements for areas or lots lacking municipal sanitary sewer within the urban service area. This amendment will delete Section 9.06A2 in its entirety. Mr. Carlberg reviewed a map identifying the MUSA areas and explained that the City Council, at their January 19, 1999 meeting, asked the Planning and Zoning Commission to consider whether S~ction 9.06A2 should remain in Ordinance No.1 o. This motion was made during their discussion of the Ed Fields and Sons sketch plan located in Section 15. He explained the Council generally felt that Section 9.06A2 should be eliminated as this provision creates a development pattern and standard that will make it difficult if not impossible to extend utilities (municipal sewer and water) in the future. Mr. Carlberg stated this provision will protect that area for future urban growth. Mr. Carlberg stated that staff did discuss providing a new ordinance section requiring lot standards larger than required by zoning to preserve the future urban service area so utilities can be extended in the future. , \ '_ .J Commissioner Apel stated he is concerned about using those types of measurements (1 for 40) which he thinks restricts the land owner too much. He pointed out that under the 2.5 acre restriction the property can be plotted but with a 1 for 40 requirement the property owner is restricted too much. Commissioner Apel stated the consideration given with Oak Bluff! and Oak Bluff II worked well. He suggested an ordinance provision allowing property within MUSA but without service to be developed in one-acre lots. Mr. Carlberg stated the current ordinance allows lots smaller than 2.5 acres but while it allows the property owner to develop the property it may not lend to bringing utilities to the property. Commissioner Apel stated the current ordinance allows using common sense when considering development. Mr. Carlberg noted that a PUD consideration is another option available to the Planning and Zoning Commission and City Council. He commented on the importance of protecting the utility systems that have been constructed and are paid for each time a connection is made. Commissioner Apel stated his opinion that the City has "stolen" property owner rights a little at a time, such as when the I for 40 guideline was adopted and restricted the property owner's options for development. He asked how many 2.5 acre lots were taken from the MUS A area. Mr. Carlberg reviewed the location of the main trunkline and explained it is no longer being considered to extend it to the north to serve that area. Commissioner Apel stated that at a time when the area to the north experiences serious sewer failures, the trunkline would be extended. He commented on the importance of the rights of the land '') owner. '_./ o l/ , '\ \___J Regular Andover Planning and Zoning Commission }v!eering J[inures - February 9, 1999 Page 12 Mr. Carlberg explained the trunkline was extended to build the school and properties were assessed for that extension. However, the City now supports orderly development and no longer allows ;'leapfrog" development. Chairperson Squires stated that the Sensible Land Use Coalition identified the problem oflarge lot developments that get in the way of natural gro\\th and extension of utilities and determined that type of development acts as a "wall" and limits options for the City. He stated it may be worthwhile to research other options beyond the 1 for 10 or the 1 for 40 standard. Mr. Carlberg asked if the Commission wants to recommend the deletion of Section 9.06A2 to allow for smaller lots since they are within the urban service area. Chairperson Squires stated that while he may support preserving the urban service area, he would like more research conducted before supporting an arbitrary rule that impacts property rights. Upon inquiry, Mr. Carlberg and Commissioner Apel explained the 1 for 10 and I for 40 development restriction. Mr. Carlberg asked if there is interest to incorporate some type of requirement rather than just deleting Section 9.06A2. ~ ) Chairperson Squires stated he shares Commissioner Apel's concern and would like more public involvement prior to making a recommendation. Motion by Apel, seconded by Jovanovich, to open the public hearing at 9:15 p.m. Windslow Holasek. 1159 Andover Boulevard, stated he also agrees with Commissioner Apel that if knO\\TI, many land O"\TIers would be in attendance to express concern. He suggested that an explanation of the impact be advertised so the public is aware of what it will do. Mr. Carlberg stated a public hearing notice is published which contains information but the agenda simply indicates the topic. Mr. Holasek stated you can not have the same regulations in a transition area as in an area on the north border that will never receive se\'v'er service. Mr. Carlberg stated staff will explore and research other options and submit that information for Commission consideration at a future meeting. There was no other public input. . , ) 'J ''-'fotion by Ape!, seconded by Luedtke, to close the public hearing at 9:24 p.m. Motion carried unanimously.