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HomeMy WebLinkAboutAugust 24, 1999 o (J (J o o CITY of ANDOVER 'LANNING AND ZONING COMMISSION MEETING -AUGUST 24,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on August 24, 1999, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin, Bev Jovanovich, and Jay Squires. None City Planner, John Hinzman Zoning Administrator, Jeff Johnson Planning Intern, Megan Barnett Others Commissioners absent: Also present: APPROVAL OF MINUTES. August 10, 1999 Motion by Apel, seconded by Jovanovich, the minutes be approved as submitted. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-14) - AUTOMOBILE SERVICE STATION CONSTRUCTION AND OPERATION - 3657 BUNKER LAKE BOULEVARD NW- PRECISION TUNE. City Planner, John Hinzman stated the Commission is requested to review the Special Use. Permit request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard. Mr. Hinzman stated the subject lot was slightly less than one acre, located adjacent to the Super America station, and is zoned SC, Shopping Center. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. Mr. Hinzman stated the area to the north of the proposed site is zoned residential, with the nearest home twenty (20) feet from the north property line of the site. He stated the area to the east is zoned SC, Shopping Center, and is the location of the Super America station. He stated the area to the south to the south includes Bunker Lake Boulevard and an area zoned for Multiple Family Housing. He stated Underclift Street is located to the west, and there are three to four single family homes to the west of the street. (' I / / '- (J U Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 2 " j Mr. Hinzman stated the applicant proposes to construct a 4,028 square foot service station building, and has indicated approximately 70 percent of the business will consist of lube, oil, and filter maintenance. He stated approximately 20 percent of the services performed at the site will be maintenance services, including fluid changes, hoses, filter, etc., and approximately five percent of the services will consist of light repair that is in and out the same day. Mr. Hinzman stated the site plan would be reviewed under the Commercial Site Plan process, and by staff, for compliance to ordinances and standards, in regard to issues including landscaping, parking, lighting, grading, drainage, and erosion control. Mr. Hinzman stated the proposed use appears to be consistent with the definition of an automobile service station. He stated staff has reviewed the criteria with the applicant, to insure the operation does not constitute a repair garage facility, which is not allowed in the Shopping Center District. He stated the applicant has indicated he is comfortable with the proposed use being consistent with the service station definition. Mr. Hinzman stated the access to the site would be provided via Bunker Lake Boulevard to Underclift Street. He stated the typical hours of operation would be 7:30 a.m. to 6:00 p.m., Monday through Friday, 8:00 a.m. to 4:30 p.m., on Saturdays, and the business would be closed on Sundays. '. , ./ Mr. Hinzman stated the property was rezoned for commercial uses during the late 1970's, and predates most of the existing homes in the vicinity. Mr. Hinzman provided an outline of the options available to the Commission. He stated staff recommends the approval of the Special Use Permit, subject to the provisions of the resolution, which include approval of the commercial site plan, adequate screening between the building and the parking area, primarily to the north residence. He stated the resolution also contains language, which stipulates that only automobile service station uses are to be performed on the property. Commissioner Falk stated the current ordinance lists the service station under the General Business District. He inquired if this was acceptable from staffs perspective. Mr. Hinzman stated it was. He explained that the service station was listed as a Special Use, under the Shopping Center District. Commissioner Apel inquired if the applicant had researched other sites in the General Business District. Mr. Hinzman stated he was uncertain, however, the applicant would address this matter during the public hearing. Chair Squires inquired if there was a median separating the lanes on Bunker Lake Blvd., in front of the proposed access. Mr. Hinzman stated there was a full median across that area, and there would be a right in, right out at the entrance to the east of Under clift street. He stated Underclift Street has a full intersection at that location, therefore, most of the site access to the property would be from '\ j Regular Andover Plannin[~ ld Zoning Commission Meeting U Minutes-August 24,1999 Page 3 / Bunker Lake Boulevard, to Underclift, and into the driveway. Commissioner Apel inquired if the traffic moving in a westerly direction could enter from the existing curb cut in that location. Mr. Hinzman stated it could. He stated he believed there was a left turn lane in that location however , , he was not certain. Commissioner Apel explained that a right turn could be made at the median, and there was a frontage road, which could also be utilized to access the site. Motion by Falk, seconded by Jovanovich, to open the public hearing at 7:07. Motion carried on a 7- ayes, a-nays, Q-absent vote. Dan Dagge, representative of Precision Tune stated he was the architect of the proposed facility. He stated there is an existing frontage road, which is not curbed and guttered, which runs along the south side of the property. He stated this road is utilized for access by the Super America station. He stated the applicant is proposing to relocate that frontage road further to the north, and creating a much larger landscape buffer to Bunker Lake Boulevard, in front of the building, which will match that of the Super America station, and exceed the requirements of the code. He stated they propose to match the Super America curb line, by moving it further into the property, and provide a uniform appearance across the front of the facility. Mr. Dagge stated the buildings and parking areas would be well within the setbacks of the property. He stated there is ample parking on site, and the setbacks are twice that required by the code for the district. J Mr. Dagge stated this would not be a high use operation, such as a gas station or convenience store, and would generate a lesser volume of traffic than those types of uses. He stated there was room to screen adequately to the north and west, and they are proposing to construct a solid six-foot wooden fence across the north property line, to match that of the Super America station. He stated they would provide a combination of fencing and landscaping along the west property line, as well as a landscaped area on the western side of the building. Mr. Dagge stated the proposed facility would be an eight bay service center. He stated, according to _ the code, the site would support a much larger facility, however, this was not necessary for their purposes. He stated they would probably give the land back on the north and west, and attempt to nestle in closer to the Super America parking lot on the east side of the site, and create a common parking area in that location. Commissioner Falk inquired if the garage bay doors would face south, and if the proposed facility would be a drive-through operation. Mr. Dagge stated yes, there are four overhead doors, which face south, and four overhead doors facing north. Commissioner Hedin inquired if there was any southern entrance or exit onto Bunker Lake Road. Mr. Dagge stated there was not. He stated the only entrance onto Bunker Lake Road was that existing on Super America's property, which utilized their curb cut, and would afford a right in, right "-~/ ) U Regular Andover Plannini~lld Zoning Commission Meeting Minutes-August 24,1999 Page 4 '\ .J out to the property. Chair Squires inquired if Super America has agreed to provide the applicant access at this location. Mr. Dagge stated they have. Commissioner Jovanovich inquired if any major automobile services would be performed onsite, which might require that a vehicle remain in the parking lot overnight. Mr. Dagge stated there would be no parking on the parking lot overnight. He stated, in the unusual event that a vehicle must remain on the premises overnight, it was the company's policy to park the vehicle inside, within one of the service bays. Chair Squires stated the proposed resolution prohibits the outside parking of vehicles overnight, as well. Dean Johnson, the applicant, stated he had moved to the area in 1949, and moved away in 1985. He stated he had been a member of the Building Committee, at the time the original Town Hall was constructed. He commented on the new appearance of City Hall, and stated that many things in the City have changed. Mr. Johnson stated, in regard to site selection, their company typically looks for a franchise business to provide the site. He stated, in regard to this proposal, the original franchisee has had some health problems, and would not be proceeding, at this time. He stated he had researched all of the nearest available sites, and felt that this was the best location. He stated it appears to be a very nice piece of property. \ Holly Enderle, stated she lived directly north of the proposed site. She stated there were presently several traffic problems in the area, and the speed limit is not obeyed. She stated the traffic coming in and out of the Super America station, and the many vehicles in that area, create a problem on her street. She stated there are two deaf children who live on her block, as well as fourteen other children. She stated she was employed by a service station, and was aware that there are many odors and chemicals that emanate from these types of businesses. / Ms. Enderle stated, upon returning home from work one day, she noticed flags in her yard. She inquired if these indicated that this portion of her yard would be taken away to accommodate the proposal. Ms. Enderle stated she lives directly adjacent to the proposal, and has had disputes with the Super America station, in regard to the noise at that location. She stated music is played all night, however, this is allowed, as long as they comply with the City's noise ordinance. She stated, in her opinion this was not acceptable. She stated the proposed project would only bring more noise, traffic, and pollution into their environment. She stated she was raising children, and had moved to the area for peace and quiet. She stated she found having a Precision Tune butted up against her backyard unacceptable. Ms. Enderle stated the Super America station's fence appeared to be taller than six feet. She inquired, if the proposed fence at the same height was constructed, and the additional noise and J / Regular Andover Plannin{ld Zoning Commission Meeting ~_) Minutes - August 24, 1999 Page 5 '. ./ traffic permitted, how would her property value be affected. She stated this was their first home. She stated they looked forward to improving it, selling the property, and making money to better themselves. Stated she was concerned about the affect of this proposal on the value of her property. Ms. Enderle stated several of the neighbors had discussed the proposal to locate the entrance to the site on the east edge of the property, which faces three to four houses. She stated five children live in these houses. She stated the service road exits out of the site at Super America is covered with tire track marks, and there is traffic at all hours of the night. She stated this problem was bad enough without bringing a business into the area that would generate more traffic, pollution, and noise. She stated a daycare facility, coffee shop, or a business that opened early, closed early, and did not create pollution would be better suited for the area. She stated there are so many restaurants in the area, they can smell the food from down the street. Ms. Enderle stated she felt this proposal would not better the community. She suggested if the City desired to develop the area, they should improve the park. She stated a daycare would benefit the area, not a Precision Tune. Chair Squires requested clarification of the location of the traffic Ms. Enderle had indicated as a problem. Ms. Enderle stated she was referring to the proposed entrance onto Underclift Road. She stated there was a service road located adjacent to that, which is utilized by much traffic. She stated if the exits in the other direction, it would go past her house to go back out to the other traffic light. \ j Chair Squires asked Mr. Hinzman how long the property had been zoned Shopping Center. Mr. Hinzman stated he assumed this occurred some time during the late 1970's to 1980. He explained the property was originally rezoned to Neighborhood Business, and was rezoned to Shopping Center approximately 3 to 4 years ago. There was no further public input. Motion by Hedin, seconded by Falk, to close the public hearing at 7:20 p.m. Motion carried on a 7- ayes, a-nays, a-absent vote. Commissioner Apel stated he would feel more comfortable if the subject property was developed into a less intrusive operation. He stated the proposal to add another automobile service operation on that comer was a somewhat intense use of the property. He stated the issues Ms. Enderle had brought forward were important. He explained, however, it was difficult not to be able to utilize a piece of land that has been set aside for this type of operation. He stated when Super America came in, there was discussion that this property would have some type of automobile related business. He noted the development of the TIF District located south of Bunker Lake Boulevard and west of Hanson Boulevard. He stated this might provide a good site for this type of business. He added that the sites at this location were also larger. , , ./ ') () Regular Andover Plannini..ad Zoning Commission Meeting Minutes-August 24,1999 Page 6 \ / Commissioner Hedin stated the Super America station was going to remain at this location. He inquired if, in light of this, the approval of the site would improve or make worse the concerns expressed. Commissioner Apel stated it would be difficult to say. He stated any time a piece of raw land is developed, it is bound to create an upward impact. He stated whether or not this would create a significant impact is the question. Commissioner Daninger stated the speed within the parking lots could be controlled with speed bumps. Mr. Hinzman stated the additional vehicles, and the resulting congestion, might assist in slowing the traffic. He stated at present, it is a "straight shot." Commissioner Daninger stated he understood the concerns expressed, as he also had two children. He stated, however, if they do not allow this proposal, they may open the door for a more intensive use of the property. He noted the proposed operation would close at 6:00 p.m., as opposed to a business that might be open until 10:00 p.m., or be subject to bar rush. He inquired how long the property had been vacant. Mr. Hinzman stated it has been a vacant lot since at least 1980. Commissioner Daninger stated he would rather see a business that closes at 6:00 p.m., and is not open on Sunday. He stated, as he is aware, most Precision Tune operations, have a company policy that permits no vehicles after hours. He stated this helps the situation, and is self-mandated. \ '. / Commissioner Falk stated he agreed. He stated in terms of the proposed aesthetic improvements, he did not think the facility would be unattractive. He stated the applicant could install speed bumps to attempt to keep the traffic down. Commissioner Daninger stated he would suggest the applicant attempt to prohibit the Super America traffic from the site. Mr. Hinzman stated this was the only area on the site with a full access to the intersection at Bunker Lake Road. He stated he was uncertain if the Super America station had a driveway with a full access onto Round Lake Boulevard. Commissioner Apel stated all the traffic comes from Round Lake Boulevard, right in, and right out, and around the corner. Chair Squires requested Mr. Hinzman provide a brief overview of the conditional and permitted uses within the Shopping Center Zoning District. Mr. Hinzman stated some of the permitted uses would be daycare facilities, financial institutions, medical clinics, mortuaries, office studios, restaurants, and retail and trade services, which covers many different stores. He stated the special uses include a car wash, a drive-in business with a drive-in window, liquor store, service station, and veterinary clinic or hospital. Commissioner Daninger stated he would not like to see a liquor store at this location, or a fast food restaurant that was open until 2:00 a.m. Commissioner Hedin stated that none these uses would appear to generate less traffic. Commissioner Daninger stated the majority of these uses would probably generate more traffic. - , , \.J -') CJ Regular Andover Plannini-"nd Zoning Commission Meeting Minutes-August 24,1999 Page 7 , , ./ Commissioner Hedin stated another concern expressed was the height of the fence at the back of the proposed site, and whether or not it would match up with the existing fence at the Super America location. Mr. Hinzman stated the ordinance requires a six-foot height maximum on all fences. He stated he presumed the Super America fence was six feet in height, but would verify this. He stated that any time a commercial district is adjacent to a residential district, full screening is required. He stated this can be screening can be accomplished with a combination of fencing, benning, or landscaping, to provide a full physical barrier between the two uses. He stated the applicant is proposing a fence, and this would satisfy those requirements. He stated this matter would be reviewed in further detail during the Commercial Site Plan process. Commissioner Jovanovich stated, in her opinion, it would be convenient for the customers of this business to wait in the adjacent park, when having their vehicles maintained, rather than having to wait in a confined area. Chair Squires stated he was in favor of speed bumps, and requested staff research this matter, in terms of at least one, if not two, across the cross easement with the Super America station. Commissioner Apel stated he believed the reason for the speeding problem in that area was the empty lot, which provided no visual impact to slow the drivers. He stated it was possible that the activity of the new business would slow the traffic. \ '. _,J Motion by Apel, seconded by Jovanovich, to Recommend to the City Council Approval of a Resolution Approving a Special Use Permit to Construct and Operate an Automobile Service Station at 3657 Bunker Lake Boulevard NW by Precision Tune on Property Owned by Local Oil Company of Anoka, Legally Described as Lot 1, Block 1, Local Oil Addition (Pin 32-32-24-24-0071). Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Hedin stated he would like to see the addition of speed bumps included in the motion, as well as further discussion of the matter. Commissioner Apel stated he would not desire to include this in the motion, as it would become a requirement. Mr. Hinzman suggested the Commission request the examination of the use of the speed bumps at the proposed site, and that this be noted in the minutes, and not included in the resolution. He stated the issue could be evaluated during the Commercial Site Plan process. He stated if the Commission felt strongly that speed bumps should be a requirement, that recommendation would be forwarded to the City Council. Chair Squires stated the mover did not agree to include the speed bump requirement as a stipulation to the present resolution, therefore, the Commission would forward this comment to the City Council for consideration. Mr. Hinzman stated this item would be considered at the September 7,1999, City Council meeting. , j Regular Andover Plannin/...,1 Zoning Commission Meeting Minutes -August 24, 1999 Page 8 ,- ] \_J " / PUBLIC HEARING: VARIANCE (VAR 99-08) - VARIANCE FROM ORDINANCE NO. 223 ORDINARY HIGH WATER MARK FOR SEPTIC SYSTEM - 5183 159TH AVENUE NW- GORDON ENGELS. City Planner, John Hinzman stated the Planning and Zoning Commission is requested to review the request of Gordon Engels who's property is located at the end of 159tb Avenue, on the Rum River. He stated this property was subject to the City's Scenic River Ordinance, Ordinance No. 223, which regulates lot size and set backs from the Rum River. He stated the request is to vary approximately 40 feet from the 100-foot minimum setback from the ordinary high water mark for any septic system, as stipulated in the ordinance. Mr. Hinzman stated the existing home on the property was constructed in 1963, and the property is approximately one third of an acre, therefore, the options for placing a second septic system on the property are rather limited. He stated Ordinance 223, Section 10 requires that certain criteria be satisfied in granting a variance within the Rum River District. He provided a review of the criteria presented. Mr. Hinzman stated the present septic system is failing, and requires to be pumped on a regular basis. He referred to the site plan, which indicated that the drain fields would be located on the north side of the house. He stated the nearest this would encroach to the Rum River would be 60 feet. He stated the rear yard area is prohibited from being utilized for a septic system. He stated the size of / the lot, and the well location, further prohibit the placement of the septic system. He noted there was not sufficient room on the south side of the house. He stated a similar, larger variance was granted for the replacement of a septic system on the neighboring property in 1996. Mr. Hinzman outlined the options available to the Planning and Zoning Commission. He stated staff recommends approval of the variance subject to the conditions of the resolution, which include obtaining a building permit, and is contingent upon approval by the Department of Natural Resources, who regulate the Rum River Scenic District. Chair Squires requested clarification of the proposed septic system. Mr. Hinzman stated this would be an inground septic system. Chair Squires inquired regarding the depth of the water table, and if the proposed septic system would meet the three-foot separation from the water table. Mr. Hinzman stated borings had been performed to determine the water table on the site, and are currently being reviewed by the Building Department, however, he was uncertain, at this time. He explained that the septic system will be reviewed in depth by the Building Official, to meet the three-foot separation requirement. Commissioner Dalien stated it appeared the encroachment of the septic system was not any closer than that ofthe house. He inquired if this was correct. Mr. Hinzman stated it was. , , ./ Regular Andover PlanninJ~~d Zoning Commission Meeting 0 Minutes -August 24, 1999 Page 9 , '. -' Commissioner Falk inquired if the old septic system would be removed. Mr. Hinzman stated it would be. Motion by Apel, seconded by Hedin, to open the public hearing at 7:38 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Commissioner Apel stated these situations would come before the Commission from time to time, as they had in the past. He stated when the shoreline ordinances were adopted a few years prior, the City of Andover was provided with a less broad decision making function than the city of Ramsey. He stated many of the homes that were built prior to 1975 were actually in the city of Ramsey. He stated, due to the trading of land several years prior, the land in Andover is now on the east side of the Rum River, and the land along the river that was previously in Andover, is now a part of Ramsey, on the west side of the river. He stated, in light of this, these situations are not unusual, particularly as the septic systems in this location are aging. Mary Anderson stated she owned property adjacent to the applicant, and she was the person who had had her septic tank installed a few years prior. She stated she planned to live in her home for a long time, however, in the event that she might wish to sell her lot in the future, she inquired if she could obtain a map showing the location of the proposed septic system, for her records. Mr. Hinzman stated he would provide Ms. Anderson with the requested information. J Motion by Apel, seconded by Hedin, to close the public hearing at 8:42 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. Motion by Daninger, seconded by Falk, to Recommend to the City Council Approval of a Resolution Approving the Variance Request of Gordon Engels to Vary Approximately 40 Feet From the 100 Foot Minimum Setback From the Ordinary High Water Mark of the Rum River Pursuant to Ordinance 233, at 5183, 159th Avenue NW (PIN 13-32-25-42-0003). Motion carried on a 7-ayes, 0- nays, O-absent vote. Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-115) ANENNA IN EXCESS OF 35 FEET IN HEIGHT - 31xx SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLC. Zoning Administrator Jeff Johnson stated the Planning and Zoning Commission is requested to hold a public hearing to review the request of US West Wireless to construct a Wireless Communications Facility, (antenna/tower) on the property located on the 3100 block of South Coon Creek Drive. He stated the subject property is zoned R-l, Single Family Rural and is 10.3 acres in size. , I Mr. Johnson stated one of the applicable ordinances is Ordinance 113, which regulates the construction and maintenance of private and commercial antennas and towers, and requires a Special U Regular Andover Planninj,Jd Zoning Commission Meeting Minutes-August 24,1999 Page 10 , - " Use Permit prior to construction of any tower/antenna in excess of thirty-five (35) feet in height. He stated this ordinance allows for an antenna to be mounted on a single pole (monopole), so long as it does not exceed one hundred fifty (ISO) feet in height from ground level. Mr. Johnson stated that that Ordinance 113 requires a minimum of twenty (20) acres for telecommunication towers that are located in residential zoned districts, with a condition, as stated in the permit, that requires the applicant create a site with a minimum acreage requirement of twenty (20) acres. He stated the property owner does own property to the north of the proposed site, and staff has requested the property line be moved north to accommodate that minimum acreage requirement. Mr. Johnson stated Ordinance 113 also requires that all antennas/towers meet landscaping and screening requirements that are acceptable and approved by the City Council. He stated the applicant is required to submit a commercial site plan application to the City, and this has been done. He stated, additionally the applicant will be required to address screening, landscaping, security, and other pertinent issues that are addressed by staff through the review process, prior to construction. Mr. Johnson stated the other applicable ordinance is Ordinance No.8, Section 5.03, Special Uses. He provided an overview of this ordinance, and the criteria presented. . \ 'J Mr. Johnson stated US West Wireless plans to enter into a lease agreement with the current property owner (Ken and Mary Ann Slyzuk, who reside at 15211 Nightingale Street NW) to lease approximately 400 square feet upon which a PCS wireless communications stmcture and ground equipment will be placed. He stated the proposed leased space is located near the front of the lot, in close proximity to South Coon Creek Drive. Mr. Johnson stated, at this point in the proposal, staff has not received a land survey of the property, which the applicant is required to submit. He stated it would be requested that the telecommunications tower be at least forty (40) feet from the property right-of-way. Mr. Johnson stated the proposed monopole tower will be made of steel, and will extend 150 feet above the existing grade. He stated there would be six directional panel type antennas mounted on the tower, which are 4 feet long by 71h inches wide, by 21h inches deep. He stated two weather resistant cabinets would be placed near the base of the tower, to house the equipment. In addition, there will be a fence and landscaping around the leased area to screen the ground equipment from the adjacent properties and rights-of-way, and prevent unauthorized entry. , , ! / Mr. Johnson stated the Commission had the option to recommend the approval or denial of the request to the City Council. He stated a resolution had been provided for the Commission's review, which contains four conditions. He stated one of the conditions indicates the Special Use Permit will be subject to annual review and site inspection by City staff. The second condition provides that the applicant shall receive commercial site plan approval from staff prior to the issuance of the Building () C) Regular Andover Planning and Zoning Commission Meeting Minutes -August 24,1999 Page 11 , \, ,--__J Permit. He stated the third condition indicates the applicant will create and maintain a parcel of land not less than twenty (20) acres in size, upon which the telecommunications tower will be constructed, and the parcel shall not be subdivided, unless the tower is removed from the site. Mr. Johnson stated the fourth condition indicates the Special Use Permit shall be subject to the sunset clause as defined in the City's Zoning Ordinance. Commissioner Hedin stated staff had indicated the tower would be located 40 feet from the right-of- way. He stated it was his understanding that the tower be set back at least the distance of the height of the tower. Mr. Johnson stated the ordinance requires that the setback from the property lines be an equal distance or greater than the height of the pole, unless a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance. He stated the applicant has submitted documentation from their engineer, which addresses this, and could speak to this issue. Chair Squires inquired how it was possible the pole could fall less distance than its height. Commissioner Apel stated that it could buckle and collapse into itself. f " Commissioner Falk inquired if the proposed site was buildable. City Planner, John Hinzman stated staff had not conducted a detailed analysis of the land. He stated a creek ran through the property, which is low area, and there is a large amount of peat on the site, although no borings have been performed, to his knowledge. He stated the site is outside the City's urban service area for 2020, and it does not appear that urban services will be extended to that area in the future. He stated, in regard to residential uses, the question of whether or not the land is buildable remains unanswered at this time. He stated, in regard to the use of the land for the tower, a determination will be made upon the submission of the drainage plan, as part of the commercial site plan review. " / Commissioner Hedin inquired if the resolution specified the property will not be further developed, if the tower is constructed on that site. Mr. Johnson stated that one of the conditions in the resolution did indicate this specification. He stated staff had consulted with the City Attorney, who recommended they ensure the site be equivalent to twenty (20) acres or more, and the resolution clarifies that the property shall not be subdivided, unless the tower is removed. Commissioner Falk inquired if the owner of the property would be relinquishing the entire excess land to accommodate the applicant's proposal. Commissioner Ape! stated the owner would lease the property to the applicant. Mr. Johnson stated the applicant required an additional ten acres, and the property owner could easily meet that requirement. Mr. Hinzman stated staff had relayed a consideration to the property owner, which indicates if the lease is undertaken on the property for the cell tower, the twenty acres must be maintained. He stated there may be an option to build a residential structure on the property without subdividing it, however, and intensive subdivision of that property for homes would not be allowed, unless the cell tower is removed. He stated this would obviously depend upon whether or not the property is buildable. " j Commissioner Hedin requested clarification of the property maintenance requirements. Mr. Hinzman stated the only requirement staff indicates is the maintenance of the property size. He u U Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 12 \, / stated in regard to the activities on the property, there were no further regulations. He explained if the use of the cell tower is approved, it would be allowed on the site, however, any other proposed use would be subject to the City's zoning ordinances. Chair Squires inquired if staff had intended the maintenance requirement to provide that the property not be subdivided, and that the physical size of the property be maintained. Mr. Hinzman stated this was correct. He stated staff could clarify this stipulation in the resolution. Commissioner Hedin requested clarification of the Sunset Clause. Mr. Johnson stated this clause requires that some action to proceed with the proposal must be taken within one year. Commissioner Daninger stated the ordinance specifies a twenty acres requirement for the proposed site. He inquired if the intent was to place the tower in the middle of the twenty acres. Commissioner Apel stated this stipulation was to discourage the construction of these antennas in the R-4 District. Mr. Johnson stated the intent of the stipulation was also to provide a buffer to the adjacent properties. \ Commissioner Hedin stated the Special Use Permit was subject to annual review. He inquired what would cause the Special Use Permit to be voided. Mr. Johnson stated the Special Use Permit could be revoked due to complaints or the concerns of the residents. Commissioner Apel explained these could be health, safety, and welfare issues. Mr. Hinzman stated that very few Special Use Permits were revoked in the past, however, if there are a number of concerns, the process is utilized to bring the matter forward to the City Council, who would then decide whether or not to revoke the permit. He explained this clause was available in the event that something occurred, which had not been anticipated. / Commissioner Hedin inquired if the City would have any liability if they were to require the tower be removed. Mr. Hinzman stated the City would have to have just cause to do so, such as a violation concerning the health, safety, and general welfare provisions, which regulate the Special Use Permit. Motion by Falk, seconded by Apel, to open the public hearing at 7:58 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. David Fisher, representative of USWest Wireless, stated their company was attempting to provide wireless communications to the area, and in the process of doing this they look at the locations of existing structures with which to co-locate. He stated, in this situation, they were unable to co-locate with the City's water tower structure, due to uncertainties regarding its future reconstruction. He stated they were unable to locate to the north, due to their design, and the location of the connecting site to the south, in Coon Rapids. He stated they were forced to this location. He stated that they typically attempt to stay away from residential areas when researching sites for the monopole structure. He stated the property owner of the proposed site had land available, with an irrigation pump, and they felt this would to be the most sensible location to meet their objectives and achieve their goals. . / U Regular Andover Plannin~ u1d Zoning Commission Meeting Minutes -August 24, 1999 Page 13 , \ ,) Commissioner Apel inquired if this proposal was primarily for digital expansion, or for analogue technology. Mr. Fisher stated it was to provide new technology called Personal Communications Systems (PCS). Commissioner Apel stated that this was digital technology, and the applicant would require many more of these towers for this type of service than they would for analogue technology. Mr. Fisher stated this was correct. He explained, due to the frequency, the promulgation of the signal is a smaller, and typically they attempt to build much smaller sites to accommodate this technology. Commissioner Apel inquired regarding the spacing of these towers. Dave Mitchell, Design Engineer for USWest Wireless stated he had come before the Commission the previous year, regarding the development of a tower at Eddie's Auto, on Bunker Lake Boulevard. He stated, in a rural application, the towers ranged between one and two miles apart. He stated they lost their system in July of the previous year, and due to the enormous growth of the northern metropolitan area, they were expanding their coverage to accommodate more customers and provide better service to the area. Commissioner Daninger inquired regarding alternative sites. Mr. Fisher stated they had researched the City's water tower. Mr. Johnson stated this was the smaller water tower located to the east of Round Lake Boulevard. He stated the City has a plan, which could call for the reconstruction of this \ water tower, in the near future. Commissioner Daninger inquired if the water tower located at City '- j Hall would be outside the applicants required service distance. Mr. Fisher stated it would. Commissioner Falk inquired if the applicant planned to utilize the new water tower for the project, when it was constructed. Mr. Fisher stated, due to the uncertainty as to when and where the new water tower would be located, they decided to pursue the proposed site. Commissioner Falk inquired if this would be the northernmost location of their towers. Mr. Mitchell stated it would be. He stated they had plans to develop more towers to the north, however, he was uncertain as to the exact locations of these. He explained this would depend upon factors related to system growth, and how well the proposed system performs based upon the users. Commissioner Daninger inquired when the new water tower was to be constructed. Mr. Johnson stated it would be within the next two to five years. Commissioner Daninger inquired if it would be reconstructed at its present location. Mr. Johnson stated he assumed it would be. Commissioner Daninger noted that this site would provide a 250-foot height, as opposed to the proposed 150 feet. Mr. Mitchell stated the water tower was located approximately a mile from the site they were proposing, which might be too close to the existing site to the south. Mr. Fisher stated they had researched several issues, which included the location of the antenna in relation to the existing site, as well as the uncertainty of the new water tower reconstruction, and the difficulties posed by the interruption of service they would undergo, in order to relocate the antenna. , J U Regular Andover Plannin~ uhd Zoning Commission Meeting Minutes - August 24, 1999 Page 14 \ , ) Bill Hentges, 3061 142nd Lane NW, stated he was notified by the City regarding the Special Use Permit request. He stated he had conducted research to learn about the tower, and how he would be affected, as well as the effect of the tower on the property values in the area. Mr. Hentges stated the property which is being proposed for the tower is located in the R-I, Single Family Rural District, however, it is a highly populated area. He stated, apart from the aesthetic issues, the proposed ISO-foot tower is approximately ten feet shorter than the water tower located at the City Hall, and would set a precedent for additional towers to be developed in the proposed location. He stated, once it is established, other companies might see this a likely location to develop other similar facilities in that area. \ "j Mr. Hentges stated, at this time, there is very little known in regard to the effects of radio frequency radiation. He stated the health and safety of the residents in the surrounding area should be very definitely taken into consideration. He stated there have been many studies, which indicate that low levels of radiofrequency radiation exposure on a prolonged basis, can cause damage to residents and people in the area. He stated the Federal Communications Commission has established standards for these sites, however, most of these standards were established for those people who worked in the industry, not for residents who would be exposed 24 hours per day, 365 days per year. He stated there are many studies that indicate the possibility of certain types of cancers and leukemia, melanomas, sleep disturbances, etc, which may be caused by radiofrequency. He stated this has not been proven one way or the other, and therefore, they should proceed with caution, when attempting to locate the towers in residential areas. Chair Squires requested Mr. Hentges provide the origination of studies he referred to in his research. Mr. Hentges provided the Commission with the reports he had obtained through his research, and provided an overview of the information contained therein. Commissioner Apel stated there were people who might refute these reports, and he would like to hear both sides of these arguments, prior to making his determination.. Mr. Hentges stated he understood this. He reiterated, however, at this time, the issues were controvertible. He stated there were many studies by the industry, which indicate the effects of radiofrequency radiation to be harmless, just as the industry that stated cigarette smoking was not hazardous to your health, and the industry stating that mercury, being dumped by paper plants, was not hazardous to the environment. Commissioner Apel stated many things were hazardous, including automobiles, which they all utilize. He stated he had not heard anyone request the automobile be outlawed. He stated the Planning and Zoning Commission had been charged with providing a determination in this matter. Mr. Hentges stated he agreed with Commissioner Apel's point. He stated he was aware, in light of the information superhighway, this radiation would exist, regardless. He stated he was all for automobiles and the highways, he just did not want one through his living room. , Mr. Hentges stated the proposed site was twenty (20) acres in size, and yet, the applicant was proposing to locate the tower in the comer of that site, adjacent to the residential area. He stated the .J Regular Andover Planning(a2d Zoning Commission Meeting Minutes-August 24,1999 Page 15 .' '\ '-.....I reason for the buffer zone is to set the tower back, and this was not being accomplished with the present proposal. He stated he believed there were many alternative sites available on which to place these poles, which would not affect the people in residential areas. Commissioner Apel inquired if Mr. Hentges believed the people who would stand to benefit from the service provided by the pole would feel similarly. Mr. Hentges stated he believed they would. Commissioner Apel inquired if he believed it was acceptable to place the pole adjacent to other residents, however, not himself. Mr. Hentges stated if the pole was located to the north of the proposed site, as indicated on the site map, it would impact a significantly fewer number of residents. He stated to the east of the proposed site, there are several hundred residents who would be living within 1,000 feet of the pole. Commissioner Apel stated he believed the proposed location was selected for two reasons, matters of economics, and the inability to set the pole back in the center of the site, due to its peat composition. He stated it would be considerably more expensive to construct the pole in the center of the site. Mr. Hentges suggested the pole be constructed at 14Th Avenue, which has power available, and access to the property. He stated this would be quite a distance from the residential areas. , '- ---~ Mr. Johnson stated the League of Minnesota Cities and their attorneys have provided information, which states "If a Wireless Communication facility meets technical emission standards set by the FCC, it is presumed safe. A local government may not deny a request to construct a facility on grounds that its radio frequency emissions would be harmful to the environment of the health of residents, if those emissions meet FCC standards," and that. "The FCC, not local government, is the sole authority to determine what standards wireless facilities must meet to ensure their radio frequency emissions do not harm humans or the environment." Commissioner Apel inquired if this represented that the legal provisions are such that even if the local government wanted to deny such a proposal, they could not. Mr. Johnson stated this was correct, it could not be denied based upon radiofrequency emissions alone. Commissioner Apel stated he did not agree with this. Joseph Palboleck, 14367 Jonquil Street, stated he was not informed regarding the public hearing. He stated he had seen a sign that is located on his block. He stated the proposed tower would be constructed in his backyard. He stated he moved to the property in 1986, and there was no pole at that time. He stated the Commission appeared to be concerned regarding the peat bog, and its relativity to the construction of the pole. He inquired regarding the impact of the proposal upon the environment. Mr. Palboleck stated he worked in the avionics industry, and was aware of the shielding requirements for radiofrequency radiation. He stated the Commission should take much time in coming to their determination. ., ) Regular Andover PlanninJ:l.l~d Zoning Commission Meeting Minutes - August 24, 1999 Page 16 , " . J '_.-1 Jason Gastantini, 14424 Jonquil Street, stated he lived a few hundred yards from the proposed location of the tower. He stated he would like to extend his appreciation to Mr. Hentges, for notifying him of the meeting. He stated he would not have otherwise been aware. Mr. Gastantini stated he had several concerns regarding the proposal, primarily in regard to the health issues, in relation to the interference caused to telephone and television communication. He stated he was on the critical consumer list with his power company provider, and both he and his wife were heavily asthmatic. He stated they were the first individuals to have their service restored in the event there is a power failure. He explained he had already found it necessary to utilize ambulance services twice, and on one of these occasions, his condition was life threatening. He inquired what he should do, in the event that interference from the tower prevented him from calling an ambulance. Mr. Gastantini stated he carried a cellular telephone. He stated he believed in the system, and believed that these things were important as we grow as a society. He stated, however, these types of things would overcome society, if they don't tread carefully. He requested the Planning Commission make a concerned and informed determination on the matter. Mr. Gastantini inquired regarding the compensation provided to the property owner for the lease of the proposed property. He stated he believed the City would like to have that money, by locating the ,I tower on the water tame He stated he has been an electronic technician for many years, and could not see the difference three quarters of a mile would make on a cellular system, whether it be analogue or digital technology, particularly in light of the increased height of the tower, which would increase the system's effective range, Mr, Gastantini stated the positioning of the tower at the lower comer of the property does not provide a sufficient buffer to the residents. He stated his impression of the twenty-acre requirement was that there should be a buffer zone around the tower. He stated he lived approximately 300 yards from the proposed tower, and had legitimate concerns for the health of his three children, and for his wife who is confined to a wheelchair. Commissioner Apel inquired if Mr. Gastantini was stating that on all occasions, this type of tower would interfere with his telephone service. Mr. Gastantini stated he was aware that the CCO tower in Coon Rapids does, as he has friends who live in that area, who are constantly complaining in this regard. He stated he works at a business where he has to recommend solutions for the hardwire television electrical outlets of these people. He stated he did not know if the CCO tower emissions were comparable to those of the present proposal, however, he did not wish to take the chance. Mr. Gastantini stated the land to the north of the proposed site is unbuildable. He stated it is a peat field, and therefore, has remained undeveloped, He stated when the City put in Jonquil and Kerry streets, they had to take land from his backyard to reinforce the building pads on the opposite side of -' r ) ~ Regular Andover Planning 'and Zoning Commission Meeting Minutes -August 24,1999 Page 17 , , / the street. He stated one of the houses constructed in that location was still sliding off the building pad, and required the installation of pylons, to a depth of thirty feet. He stated the land further to the east of the proposed site is also unbuildable, and would not support such a tower. He stated Mr. Hentges suggestion, perhaps 147th Avenue, would be a better location. He stated it is much farther away from a higher density of population. He stated that homes surrounding the proposed site were starter homes, comprised of new families moving into the area. He stated the homes on 14']'1' Avenue, however, range in value between $200,000 to $250,000, and, in his opinion, their voices are always louder when it comes to the City Council. He stated, when disputing other issues several years previous, a City employee had told him "that's what you get for buying low-income housing." Mr. Gastantini stated the picture of the tower provided by the applicant was very deceiving. He stated another picture showed an artist's rendition of the tree line. He explained the proposed tower would be 100 feet above the tree line, and the picture was very disproportionate in this regard. He stated that one page of the staff report indicates that the panels will be 4 feet by 7 Y2 feet, and another page indicates 4 feet by 7 Y2 inches. He requested clarification of this matter. Mr. Johnson stated the panels would be 4 feet by 7 Y2 inches. Mr. Gastantini stated this was much less objectionable. Mr. Gastantini stated his wife has a weakened immune system, and is confined to a wheelchair due to Rheumatoid Arthritis. He stated, in light of this, he has grave concerns regarding the emanations from the proposed tower. He reiterated his appreciation to Mr. Hentges for notifying him of the \ meeting, and thanked the Planning and Zoning Commission for their time. \.../ Gary Zalen, 3324 South Coon Creek Drive, stated he lived in as close a proximity to the proposed tower as any of the residents in that area. He inquired if the contemplated technology would not be obsolete in five years. He stated he believed it would. He inquired if there had been consultation with the Army Corps of Engineers in regard to the site being situation in a flood plain. He stated he would not construct an electrical tower in the middle of two feet of water, which was the condition of the property the prior year. He stated the subject property flooded annually. Mr. Zalen stated he had spoken with the Army Corps of Engineers regarding the park and the golf course, and was aware that they have jurisdiction over Coon Creek. He inquired if anyone from the City had discussed this matter with them to gain approval, and possibly a variance. He stated if the tower was placed in this area, it would be under water every year. He stated he has lived in the area for ten years, and had seen it flood. He stated, one year, the golf course was closed for three months due to the intensity of the flooding problem. Mr. Zalen stated the construction of the tower in such close proximity to the street would invariably result in some form of vandalism. He stated, during the years he has resided at this location, he has been subjected to several incidents of vandalism, and has twice contacted the police in this regard. He stated, particularly in moving away from the high density housing, the vandalism problem worsens. Commissioner Falk inquired if the construction of the tower would affect the incidence of vandalism. Mr. Zalen stated he believed it would draw vandals to the area. , \ 'J (J l_) Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 18 , / Mr. Zalen stated the half of a mile the applicant would be from the water tower should not be a major issue. He stated by the time the new water tower is constructed, the present technology will be obsolete, and it will be necessary for the applicant to proceed in a different manner. He stated unless the Army Corps of Engineers is consulted, and provides their approval, he was not in favor of the proposal. Mr. Hinzman stated, upon reviewing the commercial site plan for the construction of the tower, City staff had commented that the proposal would require review by the Watershed District. He inquired if Mr. Zalen was certain that the Army Corps of Engineers was the correct body to consult, in addition to the Watershed District. Mr. Zalen stated he believed this was correct. Mr. Hinzman stated that staff would request both of these bodies review the site as well. Commissioner Apel inquired if this requirement was contained in the resolution. Mr. Hinzman stated he did not believe it was, as it was part of the current discussion. He stated, if the Commission so desired, this stipulation could be added to the resolution, as well. Dan Carlson, 3021 South Coon Creek Drive, stated he lived in very close proximity to the proposed tower. He stated his main concern was for his family's health and welfare. He inquired where the next tower would be located. He stated the applicant had indicated the towers would be one to two miles apart, and inquired if this meant they would be dotting the landscape with these towers. Mr. \ Fisher stated their business expansion was dependent upon the system's usage. \.~ ,.I Linda Pottick, 10411 Kerry Street, stated she had worked with radiofrequencies for approximately twenty years. She stated, in her opinion, a person would have to have a great amount of exposure to these emissions to be affected, however, the problem is there. Ms. Pottick stated, upon moving to the neighborhood approximately eight years prior, she was in the process of creating a HAMS radio operation in her residence, and proceeded to construct a very tall antenna. She stated she removed the antenna due to the interference it caused to the resident's televisions, baby monitors, etc. She stated her main concern was that the proposed tower could cause this type of problem. She stated the cellular companies currently utilize their own frequencies, which is intended to prevent interference, however, when present in large amounts, they do. She stated she was also concerned regarding how many more towers would be constructed in that area. She stated in five years, there would be new technology and the tower would have to be changed. She stated she did not want to see the tower in her neighborhood. Don Mallory, 14561 Kerry Street, stated he lived as far from the proposed tower as any of the residents present. He stated from his perspective in the area, he could see where the tower would be. He stated he had purchased his property approximately six years prior, so that he could have some open fields to look at. He stated he would not enjoy seeing a blinking red light on the tower, outside of his bedroom window. He stated his main concern was the manner in which this proposal had been scheduled for consideration, without notification to the residents. \, '- j U Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 19 , ~ "_..I " " / Mr. Hinzman stated the notification of public hearings is mandated via state statutes, which require the notification of residents within 350 feet of the subject property. He stated the City has attempted to provide further notification by placing development signs on the property, and a telephone number to call for more information, as well. He stated this was not a perfect system, however, the limited notification was not something that was done intentionally, by any means. Mr. Johnson stated notification had been mailed to 14 homeowners. Mr. Hinzman reiterated this was not a perfect system, however, the City was attempting to rectify this, with the development signs placed upon the property, which provide further notification than that required by state statute, Commissioner Apel stated he would like it noted for the record, that they have been talking for years about the ridiculous 350-foot limitation. He stated anyone who is aware that these meetings are being held, should be able to look at a map, and determine the residences, which require notification, and should have enough common sense to notify the neighbors. Douglas Opitz, 14422 Kerry Street, stated he had moved into his home one year ago. He stated this was the first Planning and Zoning Commission meeting that he had attended, and if it were not for Mr. Hentges, he would not have been aware of it, due to the overgrown vegetation on the signs. \ Mr. Optiz stated the area of the proposed site was prone to vandalism. He stated he lived adjacent to two daycare facilities, and within two blocks of the proposed tower. He stated he diagnosed cancers at a hospital, and was concerned regarding the effects of the radiofrequency emissions to his family. He stated that the children at the daycare facilities in the area are getting older, and inquired what was to prevent them from venturing out to this tower. 'J Don Bowers, 14570 Jonquil, stated he owned the property on the northwest comer of the proposed site. He inquired how the City would benefit by allowing the tower. Commissioner Apel stated the City would probably not benefit, with the exception that communications are important to the City. Mr. Bowers stated he agreed with this, however, in light of the many unanswered questions inquired how the City could contemplate granting a permit for the proposal. He stated, in his place of employment, they must have the answers, or their machinery is not built. He stated he believed the Commissioners do a very decent job. Mr. Bowers stated he had children, and was concerned regarding the unknown factors. He stated the tower would be located in his front yard. He requested the City find a location in Andover, where the tower would not affect any residents, and insure that no one builds underneath it. Commissioner Ape! stated that it would be very unlikely to find a location in the City where no one would be impacted by the tower. Mr. Bowers suggested the tower be constructed at the City's toxic dump. Kathy Whittacre, 142nd Ave, stated the applicant had indicated they do not generally locate these facilities in residential areas, and for certain reasons felt forced to do so at this time. She inquired why the towers are normally not constructed in residential areas. Mr. Fisher stated residential areas '. ) .~ _/ ~ ./ (-.J Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 20 , '\ \ . -.I were not the preferred location, for the reasons expressed by the residents. He stated they attempt to locate sites that are commercial, industrial, or agricultural, after looking at co-location. He explained, for the reasons he had stated, this site was logical. He stated, in this particular case, there were no commercial or industrial areas within the area they are attempting to provide coverage to, and the only opportunities were in the agricultural zoned property. He stated that Mr. Slyzuk, owns a great portion of the agricultural land, and that is why they were pursuing his property. He stated, as it was his property, he has some say as to where the tower will be located upon it. He stated it was a combination of this and the need to be in the proper proximity to their connecting sites. He stated he agreed that it would make more sense to place the tower in the middle of the agricultural land. He stated, in this particular case, the landowner already has a fence, shed, and irrigation pump in this area, and this land is not suitable for the tower. He added that it was necessary to be close to the road for power and telephone service. He stated there were very few options, and they did not wish to locate near residences. He stated they required access to the road, and to be near Coon Creek for the design of the tower. He stated they could not afford to go further north, in consideration of their connecting site. Mr. Gastantini inquired if the landowner lived on the property. Mr. Fisher stated he did not. Mr. Bowers inquired if the applicant realized there was a park within 200 yards of the proposed site. Ms. Whittacre stated the applicant had answered the resident's question, in stating that the reason they do not locate the towers in residential areas were for the concerns addressed. She stated this clearly places the matter in the hands of the City to determine another location. She stated, if the applicant does 110t want to construct the tower in the residential area, and the residents don't want it in the residential area, they must find a location that fits the proposed use. Diane Bolich, 3060 South Coon Creek Drive, inquired if constructing the tower at the proposed location would change the zoning of the property to a business designation. Mr. Hinzman stated the proposed tower is considered a special use, and requires approval by the City. He stated the zoning would remain R-I, Single Family Rural. He explained in that district, there were provisions for uses that could be approved by the City Council, and this was one of these uses. Ms. Bolich stated she had concerns regarding the location of the tower within the flood plain. She stated, upon purchasing her home, she had been told that area would never be developed because it was in the flood plain, and because it was in a residential area. She stated she had the same concerns as the other residents, in that the proposal did not appear to fit what the area supports. She requested the Commission proceed with caution, and be certain they are making the most appropriate decision for the short and long term. Eric Nelson, 14457 Jonquil Street, stated he enjoyed his present view, and would not like to see the tower. He stated he had two children of his own, and was concerned regarding the safety issues. Debbie Bowler, 14367 Jonquil Street, she stated the tower would be in her backyard. She stated, , upon moving to the area, she was told nothing would be built in the proposed location. She stated ; ./ (J (J Regular Andover Planning and Zoning Commission Meeting Minutes -August 24, 1999 Page 21 , , './ she had lived at her property since 1987, and was very disappointed. She stated the City of Andover was supposed to be the Edina of the north. She stated she had concerns regarding the safety issues. She stated there was much land in the City of Andover. She stated if someone chose to construct a home next to a tower of this sort, it would be their choice, however, she was there first, and did not want the tower in her back yard. She stated she did not believe any of the Commissioners would want this either. Terry McDonald, 42459 Kerry Street, stated he had heard many issues that required further discussion. He stated he agreed with the applicant in that he preferred not to have the tower in residential areas. Mr. Gastantini stated during the time the dirt was taken from the resident's backyards, between Kerry and Jonquil Streets, for building pads to allow for the development of houses on the opposite side of the street, the residents had engaged in a dispute with the developer, the contractor and the previous City Council that lasted for two years. He stated the result of this was that the City "bought off' before inspecting the grade. He stated he had shot the grades himself, and could prove they were not correct. He stated the dirt was removed two feet too deep, and the water could not make it to the outgoing drains. He stated he had brought this matter to the attention of the Twin Cities, and made many enemies with his neighbors who thought he was attempting to have their taxes raised to fix his back yard. He stated the City approved something that was not to specifications. He ", ) requested the City do their homework this time. Ms. Whittacre inquired if there were any of these facilities in residential areas, which could be examined in regard to the health and other issues. Mr. Fisher stated there were several locations. He clarified that he did not intend to represent they do not locate these towers in residential areas. He explained this does occur quite often, in situations similar to this. Mr. Mitchell stated there was a tower located at Grumpy's Bar, and the closest tower to the area was located at Eddie's Auto. Mr. Palbolek inquired regarding the service distance of the proposed tower. Mr. Fisher stated this would depend upon the power, and would not be certain, until they turned on the power and optimized their system. He stated there were several variables. He stated the objectives were to reach Round Lake Boulevard, and the surrounding communities. Mr, Fisher reiterated that it is not their company's first choice to locate in residential areas. He explained that they are looking at this location because it is zoned agricultural. He stated, in regard to interference, they do comply with FCC regulations, which require they shut down operations immediately, and mitigate the problem, if they interfere in any with anyone's equipment. He stated this was the FCC standard. He stated, in regard to the flood plain and other issues, they will abide by all of the guidelines prior to the issuance of a permit, and the provisions will be resolved and met. Chair Squires stated the applicant should perform the necessary research to provide information .\ regarding other residential areas, which have these structures. Commissioner Apel stated, prior to j ') U Regular Andover PlanninJ _:zd Zoning Commission Meeting Minutes -August 24. 1999 Page 22 . " '- j making a decision, he would require the questions be answered in regard to placing the structure in the residential area, the location within the flood plain, and the recommendation of the Army Corps of Engineers. He stated he would like copies of the documents Mr. Hentges had submitted, for his personal review, and that of his fellow Commissioners. Commissioner Apel stated the purpose of the Special Use hearing is to determine if the neighborhood approves of the proposal. He stated it was obvious to him that the neighborhood was opposed to this proposal. He stated this was enough for him, and he would not vote to allow the structure, unless new people moved in to the area and did not object. Lynette Bowers, 14570 Jonquil Street, stated the landowner, Kent Slyzuk, resided next to the water tower, and would not be affected by the proposed placement of the tower. She stated he would only stand to profit. She inquired if this was the last opportunity for the residents to provide their input on the matter. Commissioner Apel stated it was not. He explained that the Commission was an advisory board. Ms. Bowers inquired if the residents would be better advised of future meetings. Mr. Hinzman stated he would extend the mailing notice for the next hearing. He noted the date would be set at the end of the meeting. Lloyd Whittacre, 42nd Avenue, stated if the applicant wanted the tower, they should be willing to '-./ construct it in the middle of the twenty acre site, and pay for the road and electricity. Bill Hentges stated, in regard to the jurisdiction of the Commission over the location of these towers, the matter had been brought to the US Fourth Circuit Court of Appeals, who rendered a decision on September of 1998. He stated the basis of that decision was as stated "Cities need not issue a detailed written discussion in order to support the decision to deny the construction of the tower, and a decision to deny a request for permission to construct a tower can be based upon the complaints of ordinary citizens who claim that the tower will damage the neighborhood, and denial of the tower siting request is not inherently discriminatory, and provisions of the telecommunications act which states that cities may not make laws prohibiting the provisions of cellular service do not prevent a city from denying an individual applications for approval of a site request." He stated the matter was in the City's hands, and if they wished to deny or allow the proposal, it was within their jurisdiction to do so. Chair Squires noted that this case was heard in Virginia, and they were in a different Circuit. He stated this would be a persuasive argument in the state of Virginia, however, the rules may be different in the state of Minnesota. Colin Track, 2957 141'1 Avenue NW, inquired if the Commission was the body that would recommend the expansion of the notification. Commissioner Ape! stated the Commission recommended many things, however, the Council makes the final decision. Mr. Track inquired if " , _J Regular Andover Plannint.. )d Zoning Commission Meeting Minutes-August 24.1999 Page 23 , \ '-I \ , ./ there were any regulations in regard to the posting of notification signs. Commissioner Apel stated this was an attempt of the City to improve the notification process, and had been instituted approximately one month ago. He stated it appeared in this case to have caused more confusion, however, it was an attempt to notify and allow people to provide their input. He stated whether or not the development signs work effectively is debatable. Mr. Track inquired, upon issuance of the Special Use Permit, if the applicant can install additional towers without requiring another meeting. Mr. Hinzman stated there would be another meeting required for such a matter. He stated there would have to be an amended Special Use Permit, which would require another public hearing be held, if any additional towers are built onsite. Mr. Track inquired if additional facilities could be attached to the structure. Mr. Johnson stated they could, and there were two possible co-locations. He stated there could be a condition in the permit that requires this be the only tower on site, if the proposal proceeds to that point. Mr. Track thanked the Commission, and stated this was an interesting process. He stated he had seen the meetings on television, and it was nice to see the system working. , ) ~~ Nancy Gastantini, 14424 Jonquil Street, stated she has followed the business of the City for many years, and it is apparent to her that the City Council has a bit of a "class problem". She stated it appeared that people in the more expensive homes get what they want, and those that do not, have to fight for everything. She stated if this tower was proposed to be constructed in an area comprised of $200,00 to $300,00 homes, the City would not consider it. She inquired if the health and wellbeing of her children was worth so much less than their children were. ., Commissioner Apel stated he did not believe the Commission should close the public hearing that evening. Commissioner Hedin stated he would not be comfortable closing the public hearing. Mr. Hinzman suggested the Commission could continue the public hearing if they desired to table the item until the next meeting. Commissioner Apel stated he would move to table this item to the next meeting, to gain further information for review. Chair Squires stated the issues regarding the flood plain and Army Corps of Engineers.should be reviewed. Commissioner Apel added that the interference issue should be addressed, as well as the health issues. He requested staff provide the Commission with copies of the documents provided by Mr. Hentges. Commissioner Dalien stated he would like information from US West. In regard to the radius of locations researched, for this particular tower. He stated he assumed they had parameters regarding the search area. Commissioner Apel requested further information from USWest regarding towers within residential areas in the near vicinity. Commissioner Jovanovich requested staff research the difference in the frequency of the proposed tower, in relation to that of the WCCO television broadcasting facility. Commissioner Daninger stated he would like further information regarding the future of the proposed technology. He stated he would like to hear of an alternative site. He stated the water ./ ) U Regular Andover Plannin1-_ad Zoning Commission Meeting Minutes - August 24, 1999 Page 24 . \ '.j tower might be a better site, and they might obtain a commitment from the City as to when the proposed reconstruction would occur. He stated it might be less expensive to reinstall another system on the new water tower, than to build a road and center the tower in the twenty-acre site. Commissioner Apel inquired if Commissioner Daninger would be comfortable with the use of the twenty-acre site, if the tower was constructed in the center of the parcel. Commissioner Daninger stated he was uncertain, but believed this would provide more options. He stated they could not make everyone happy. He stated it was likely that everyone in the audience utilized a cellular telephone, particularly for a 911 call. He stated he had heard a cellular telephone in the audience that evening. Commissioner Falk stated he agreed. He stated, during a prior request for a pipeline, the Commission was provided with a primary and alternate route. He stated he would like to see this for the present proposal, in the form of a map. He stated he was presently not in favor of the proposal. Commissioner Hedin requested the applicant provide the Commission with copies of resident complaints associated with the facilities located at Grumpy's Bar and Eddie's Auto, to assist in determining the issues, and whether or not they were resolved to the satisfaction of the complainant. Mr. Fisher stated he would. Commissioner Apel stated these were both commercial sites, however, they were located in residential areas. / " , j Chair Squires stated hc would like to be provided with guidance from the City Attorney regarding the City's options in regard to the Telecommunications Act of 1996. He noted the Court in Virginia stated a city in the state of Virginia has some jurisdiction, howcver the City of Andover retains an attorney to provide guidance regarding what they can and can not take into consideration. Chair Squires stated he would also request further guidance from staff in regard to the twenty-acre minimum, in regard to the interpretation, and if it intends that the pole be located somewhere within the interior of the twenty acre parcel. He stated several people have indicated this requircment is to provide a buffer, and if so, the tower should be located in the center of the parcel. Commissioner Apel stated he agreed. He stated it does not appear logical to have this requirement and allow them to place the structure in a comer of it the site. Commissioner Daninger requested further information regarding the notification procedures of the City. Motion by Apel, seconded by Hcdin, to Table the Consideration and Recommendation of a Resolution Granting the Special Use Permit Request of USWest Wireless for the Construction of a Wireless Communication Facility (PCS Antenna/Tower - 150 Feet in Height from Ground level) on the Property Locatcd at 31XX South Coon Creek Drive, NW, Legally Dcscribed as that Part of the NW Yi of the SW Y2 Lying Northerly and Westerly of Section 28, Township 32, Range 24, Except that Part Described in Exhibit A, Until the Septcmber 14, 1999, Planning and Zoning Commission Meeting. Motion carried on a 7-aycs, a-nays, a-absent vote. \ ) Regular Andover Plannin{:Jd Zoning Commission Meeting 0 Minutes - August 24, 1999 Page 25 F \ / Chair Squires stated he would like to read for the record the documents provided to the Planning and Zoning Commission for review. a. Letter from Mary Lou Kinnamon, 14469 Jonquil Street, objecting to the placement of the tower. b. Article contained in RCR News, excerpts of Articles with notations at left margin. c. Article on Attention Concerned Citizens, August 18, 1997. d. Fourth Circuit Court of Appeals Case: AT&T Wireless PC, vs. City of Virginia Beach. e. Dr. John Goldsmith's Report One, The End ofInnocence. f. Cancer Biochem Biophys, 1988 May, Electromagnetic Field Exposure and Cancer g. Mutat Res, June 1994, Clastogenic effect of radiofrequency radiation on chromosomes of Transcantia h. Radiofrequency Radiation: Health Effects and Interference - A Report to the General Assembly - December 1996. I. Science and Technology Issue Brief - A Report on Microwaves from Cellular Telecommunication Base Station Transmitters. J. Letter from Miller & Van Eaton regarding the Fourth Circuit Court of Appeals Decision. ,-- \ " j PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 7.01 PERMITTED USES, AND SECTION 7.03 SPECIAL USES; AND ORDINANCE 233 REGULATING DOGS - PRIVATE DOG KENNELS. Zoning Administrator, Jeff Johnson stated the Commission is requested to hold a public hearing to amend Ordinance No.8, the Zoning Ordinance, Sections 7.02 - Permitted Uses and 7.03 - Special Uses, and Ordinance No. 233 - Regulating Dogs. Mr. Johnson stated this amendment would require a minimum acreage requirement of 2.5 acres in residential zoned districts for a commercial or private dog kennel license. He stated the commercial and private kennel licenses could not be granted until a Special Use Permit is approved by the City Council. Mr. Johnson stated, at the last Planning and Zoning Commission meeting, the Commission requested staff conduct research regarding parcels of land which are in the R-2 and R-3 zoning designation. He stated one of the concerns expressed at the previous meeting was in regard to the R-3 Districts, which were in close proximity to the R-4 districts. He provided the Commission with a map, which indicated that some properties that meet the 2.5 minimum acreage requirement do exist in close proximity to the R-4 District. He stated the map listed the number of parcels in the R-l District which are less than 2.5 acres in size, and the total number of parcels in the R-2 and R-3 District, which are greater than 2.5 acres in size. F \ -...j () U Regular Andover Planningund Zoning Commission Meeting Minutes -August 24, 1999 Page 26 , '\ .'. / Mr. Johnson stated this was a proposal to change the requirement for private kennel license, which was amended several years prior, to require these licenses go before the City Council for approval. He stated staff is recommending the utilization of the Special or Conditional Use process as previously utilized in granting the private kennel license. He stated the private kennel license has a maximum requirement of six dogs. He stated the proposed amendment is that the number of dogs be reviewed on a case by case basis. Commissioner Apel inquired how many of these licenses had been granted by the City Council. Mr. Johnson stated one license was granted in this manner. Motion Daninger, seconded by Jovanovich, to open the public hearing at 9:28 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was a request from the floor for clarification of the proposed amendments. Mr. Johnson restated the proposal as indicated above. Motion by Falk, seconded by Hedin, to close the public hearing at 9:30 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. '- / Commissioner Falk stated that staffs report was very well written, and was in keeping with the discussion of the Planning and Zoning Commission at the previous meeting. Motion by Falk, seconded by Jovanovich, to Recommend to the City Council the Adoption of Ordinance No.8, an Ordinance Amending Ordinance No.8, the Zoning Ordinance of the City of Andover, and Ordinance No. 233C, an ordinance Amending Ordinance No. 233 - Licensing and Regulating the Keeping of Dogs and Cats, Providing for the Classification of Dangerous Dogs/Cats, Providing for the Abatement of Nuisances, and Providing Penalties for Violation, as Amended to State "Private Kennel Dog Licenses (2.5) Minimum Acreage Lot Size Requirement)" and Language Indicating "Provided that the Lot is in an Area Where the Properties are Predominantly the Same Size." Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Dalien stated he believed for the most part, the proposal appeared very good, however, he was still concerned regarding some of the 2.5 acre lots, which are surrounded by much smaller lots. He stated this matter was discussed at the prior meeting, and was still a concern because the manner in which it is written, these property owners could still request a license on this letter acreage lot, and potentially be granted. He stated, if the limitation was a 2.5 acre parcel, he believes the surrounding or adjacent lots should be of very similar size. Mr. Hinzman stated a suggestion which had arisen at the previous meeting was to utilize the MUSA line as the determination for those lots, and that any lot within the MUSA would not be issued a permit, even if it was over 2.5 acres. He suggested they could consider this as a boundary between what is predominantly urban and what is predominantly rural. Commissioner Apel stated that there are properties within the MUSA that are not R-4. He suggested they be more specific in the language, , -J o U Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 27 '- / and indicate R-4. He noted, however, the Special Use Permit provides the power to deny a proposal, simply if it is not a good idea. Commissioner Daninger inquired if a request could be denied based upon, for example, the size of the neighborhood. Commissioner Apel stated this was correct. He explained that the Special Use Permit is not an entitlement, and could be denied. Chair Squires suggested an option regarding to the proposed changes to Section 7.03, would be to state "private kennel dog licenses (2.5 minimum acreage lot size requirement)", and include language indicating "provided that the lot is in an area where the properties are predominantly the same size." Commissioner Daninger stated he was still concerned regarding the City's ability to deny this type of request. Commissioner Dalien stated this amendment might be raising an expectation. Commissioner Apel stated the City has the right to deny or approve the license. Commissioner Hedin inquired how much weight the Special Use Permit had. Mr. Hinzman stated it carried as much weight as the Commission intended to approve it for. Commissioner Dalien stated the language amendment suggested by Chair Squires clarified the intent of the amendment. / Chair Squires inquired if this amendment was acceptable to the seconder. Commissioner Jovanovich stated it was. VARIANCE: (VAR 99-09) - VARIANCE TO ORDINANCE 8, SECTION 6.02 _ ENCROACHMENT OF THE REAR YARD SETBACK TO CONSTRUCT A HOME ADDITION -1605 NORTH ENCHANTED DRIVE NW - PETER DZUBAY. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is requested to review the variance request of Peter and Karen Dzubay to allow for the construction and placement of a 216 square feet home addition consisting of one (I) bedroom encroaching eighteen (18) feet into the rear yard setback on the property located at 16045 North Enchanted Drive NW. Ms. Barnett reviewed the applicable ordinances and the criteria presented. Ms. Barnett stated the applicants' lot and those lots in the same vicinity were created before the current Zoning Ordinance was established. Mr. and Mrs. Dzubay's lot and most lots on Enchanted Drive do not meet the R-I minimum size requirements. She stated these lots are zoned, R-I, however, their acreage and lot dimensions are more characteristic of the R-3 district standards. Ms. Barnett provided the Commission with a map, which indicated the surrounding zoning district, and a picture of the proposed addition. , ) ) ~J Regular Andover Plannin;and Zoning Commission Meeting Minutes - August 24, 1999 Page 28 I \ '- / Ms. Barnett stated, under the current zoning for the R-l district, an eighteen (18) foot variance is needed to the required fifty (50) foot rear yard setback. Ms. Barnett stated the applicant has indicated the hardship is that the residence was built prior to the Zoning Ordinance, and modifications will only fit in areas as specified on the blueprints, and the lot is closer in specifications to the R-3 zoning. Ms. Barnett stated the proposed home addition would consist of one (1) bedroom, and will be architecturally integrated into the existing home. She stated there is a heavily wooded buffer between the proposed home addition and the nearest neighbor. She stated the home addition meets the thirty-foot rear yard setback required in an R-3 district. Ms. Barnett provided an overview of the Commission's options. She stated staff recommends the approval of the proposal subject to the provisions of the resolution. Commissioner Falk inquired regarding the location of the proposed addition on the lot. . I \..J Peter Dzubay, the applicant stated the addition would be located on the south side of the lot. Commissioner Falk inquired if there would be windows on the south side of the addition, or if it would have a walkout. Mr. Dzubay stated there would be windows. He stated there was currently a patio on the rear of the garage, and he did not require an additional walkout in this area. Commissioner Hedin stated the house appeared to be a split-level structure. He inquired if the addition would be located on the first or second floor. Mr. Dzubay stated the addition would be attached to the house, as a walk-up rather than walkout, and the upper portion of the addition would be situated on posts. Commissioner Daninger inquired if the applicant would perform the construction himself, and how long the project would take to complete. Mr. Dzubay stated he would be utilizing a contractor, and the work would be completed as soon as possible. Commissioner Falk inquired regarding the current number of bedrooms in the house. Mr. Dzubay stated there were presently three bedrooms, one located in the basement, and one adjoining the kitchen. He stated they would be converting one bedroom into a breakfast area adjoining the kitchen, and relocating that bedroom to the proposed addition. Motion Daninger, seconded by Hedin, To Recommend Approval of a Resolution Granting the Variance Request of Peter and Karen Dzubay to Ordinance No.8, Section 6.02, Which Requires a Fifty (50) Foot Rear Yard Setback on the property Located at 16045 North Enchanted Drive (PIN 17-32-24-32-0003). Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. \. - ...-' \ ! OTHER BUSINESS. Regular Andover Planninl...Id Zoning Commission Meeting Minutes-August 24,1999 Page 29 , ) \_,1 , " , ) Mr. Hinzman updated the Commission regarding recent Council action. He stated representatives of the Metropolitan Council had presented a dialogue regarding future development and the Comprehensive Plan. He stated there was still a requirement for rural areas 1-10, however, no recommendation regarding the enforcement of this, if they denied the plan for lack of it, as it is not included in the proposal for the Comprehensive Plan. He stated housing issues were also discussed. Mr. Hinzman stated there was discussion regarding the Northern Natural Gas Pipeline. He stated an environmental assessment had been issued, which indicated the existing route and easement was found not to be detrimental, however, the next statement indicated the alternative route which goes up Hanson Boulevard, across the power line easement, was the environmentally preferable route. He stated comments would be accepted until September 13, and the environmental assessment was mailed to all of the people on the new line. He stated a Special City Council meeting would be held on Wednesday, September 1, to collect comments regarding the assessment. Mr. Hinzman stated the amended Special Use Permit for the parking lot addition and sign at Meadow Creek Church was approved, as well as the sign at City Hall, and the Special Use Permit request for an In-Home Massage Therapy business, to be located in the Chesterton Commons Addition. , ) Mr. Hinzman stated the next Planning and Zoning Commission meeting would include the consideration of the request by USWEST for the construction of the cell tower. He stated the requested information would be provided to the Commission by the end of the week. He stated he would send out a special notification mailing regarding the meeting, and expand the notification area to incorporate the Jonquil Street. He stated there was a possibility that the Special Use Permit request for and addition at the Church of Christ would be considered, as well. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT Motion by Daninger, seconded by Hedin, to adjourn. Motion carried on a 7-ayes, a-nays, a-absent vote. The meeting adjourned at 9:47 p.m. Respectfully submitted, Trish Pearson, Recording Secretary TimeSaver Off Site Secretarial, Inc. , , t)