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HomeMy WebLinkAboutOctober 8, 1991 o o 8 o o ~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - OCTOBER 8, 1991 M !NUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on October 8, 1991, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel; Bonnie Dehn, Steve Jonak (arrived at 7:40 p.m.), Bev Jovanovich, Becky Pease (arrived at 7:33 p.m.) Marc McMullen City Planner, DavId Carlberg Assistant City Engineer, Todd Haas Others Commissioner absent: Also present: APPROVAL OF MINUTES September 24, 1991: Page 1, Public Hearing/SUP-Riverdale Church. Delete sentence referencing the Park Commission addressing the park dedication when the property is developed because park dedication is not required at this time. MOTION by Dehn, Seconded by Jovanovich, to approve the Minutes as amended. Motion carried on a 3-Yes (Apel, Dehn, Jovanovich), i-Present (Peek), 3-Absent (Jonak, Pease, McMullen) vote. PUBLIC HEARING: LOT SPLIT - NORMAN STOUT. 1919 167TH AVENUE NW 7:33 p.m. (Commissioner Pease arrived at this time) Mr. Carlberg reviewed the request of Norman Stout to spilt a ten-acre parcel into a slx-arce parcel and a four-acre parcel In an R-l, Single Family Rural District to create an additional building site. All ordinance requirements are met in the newly created six-acre site. The hearing was opened for public testimony. There being none, Chairperson Peek asked for a motion to close the public hearing. MOTION by Pease, Seconded by Dehn, to so move. Motion carried on a 4-Yes, 2-Absent (Jonak, McMullen) vote. Mr. Carlberg also noted the calculations for the acreage of the parcels is calculated to the center of the road because it is a metes and bounds subdivision. He also pointed out that 167th Avenue is a sand road but is a publically maintained and dedicated right of way. (Commissioner Jonak arrived at this time, 7:40 p.m.) l) ! ~ u , \ ,~ Planning and Zoning Commission Meeting Minutes - October 8. 1991 Page 2 (Public Hearing: Lot Split - N. Stout. 1919 167th Avenue. Continued) MOTION by Jovanovich, Seconded by Apel, recommending approval of the lot split request by Norman Stout located at 1909 167th Avenue NW to split a ten-acre parcel into a six-acre parcel and a four-acre parcel in an R-l, SIngle FamIly Rural DIstrIct. It meets all the ordInances; and add that the applIcant shall have the lots surveyed as required and pay a park dedIcatIon fee of $400 upon CIty CouncIl approval of the proposed lot spIlt: and that the lot split request shall be subject to a one-year sunset clause. There was a publIc hearing and there were no objections. Motion carried on a 5-Yes, I-Absent (McMullen) vote. ThIs Item is scheduled to be heard by the City Council on November 5, 1991. 7:43 p.m. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO.8. SECTION 8.07. SIGNS 7:43 p.m. Mr. Carlberg explained thIs Item was directed to the Planning Commission to revIew whether the ordinance should be amended 1 to allow larger signage for churchs, institutional and publIc ,~ buildings In the resIdential district. The Issue was brought up when the signage for FIre StatIon #2 was proposed to be 85.17 square feet. After reviewing the ordinance, the Staff felt that rather than amending the ordinance. the variance procedure would be more appropriate because zoning is the hardship characteristic of the land. Mr. Carlberg continued that if it is determined that larger church, institutional and municipal signs will be allowed in the residential area as a permitted use, the Staff is suggesting it be done by Speciai Use Permit. The question is also Just what size should be allowed and how many signs should be permitted. The Commission discussed the issue. Commissioner Apel liked the variance process. The instances are sporatIc, and he felt there has not been enough evIdence suggestIng there Is a problem. He would have preferred a firm direction from the Council. Mr. Carlberg stated the ordinance Is restrictIve, and the Councii suggested it be made more flexibie. ,) ChaIrperson Peek questioned the variance procedure as being totally arbitrary. He asked if a SpecIal Use Permit for a sign could be heard in conjunction with the SUP for the use. Mr. Carlberg felt that could be done, although often the applIcant does not have final plans done at the time the use is asked for. Commissioner Pease felt one of the reasons the ordinance is restrIctIve Is to protect the resIdential area such as in the case where a house Is converted to a church. The hearing was opened for public testimony. There being none, Chairperson Peek asked for a motion to close the public hearing. c.J ; '\ '\.J , Planning and Zoning Commission Meeting ,_J Minutes - October 8, 1991 Page 3 (Public HearIng: Amendment/Ordinance 8, Sec. 8.07, SIgns, ContInued) MOTION by Pease, Seconded by Dehn, to so move. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Apel, Seconded by Dehn, that the Planning and Zoning Commission recommend to the City Council that no changes be made to Ordinance No.8 regarding the regulations of the signage in the residentIal area. The CommissIon Is concerned about the impact on residentIal areas with increasing signage size. MotIon carried on a 6-Yes, I-Absent (McMullen) vote. The item Is scheduled to be on the November 5, 1991, CIty CouncIl Agenda. 8:09 p.m. PUBLIC HEARING: ORDINANCE NO.8. SECTION 7.01. RURAL AGRICULTURAL USES ON PARCELS OF FIVE ACRES OR MORE IN R-2 AND R-3 OUTSIDE MUSA "\ , ) 8:09 p.m. Mr. Carlberg revIewed the proposed amendment to allow Rural Agricultural Uses In the R-2 and R-3 distrIcts outside the Metropolitan Urban ServIce Area on parcels of five acres or more. Currently, those practices are only allowed wIthIn R-l DIstrIcts. LeasIng or ownIng contIguous parcels allows the same uses as ownIng the property. The hearing was opened for publIc testImony. Barb Dehn. 17245 Mavaio - gave a scenerlo that under the amendment, 200 animals would be allowed on four contIguous 5-acre parcels wIth a barn on one of the lots, all in close proximIty wIth a resIdential neighborhood. She expressed concern about the densIty of animals and the odor of so many animals in a confIned area which is adjacent to a residentIal area. Ms. Dehn related an IncIdent of not gettIng satisfaction from the CIty in takIng care of a pIle of dead animals, that the State finally Intervened. She dId not want such incIdents to happen again. She was concerned about the potential of beIng surrounding by many animals and the problems that can be created, expressing skepticIsm over having such problems easIly resolved by the CIty. Ms. Dehn suggested the number of anImals per acre be reduced and lImit the number of contiguous acres. The Commission explained that the City has an oblIgatIon to see that the animals are treated humanely and that any odor or noise problem can be addressed through the NuIsance OrdInance. They explaIned the procedure for filing a complaint and noted the Resident Forum at the \ begInning of each Council meetIng where the issue can be brought up if , ) there is no satisfaction through Staff. The CommIssion also noted the amendment simply equates parcels of five acres or greater in the R-2 and R-3 areas outside of the MUSA wIth those in the R-l dIstrict relative to Rural Agricultural Uses. The ordinances do cover the number of animals and prohIbit feedlots. / '\ ,--) , "\ \.J '\ ) Planning and Zoning Commission Meeting Minutes - October 8, 1991 Page 4 (Public Hearing: Ordinance 8, 7.01, Rural Ag Uses, Continued) Ms. Dehn - again stated she is not against animals but was concerned about the concentration in an area near residential development. She would be living in the middle of 125 sheep and is trying to avoid what happened in the past from happening again. Ms. Dehn also expresed concern over the effect high concentrations of animals would have on surrounding wetlands. Mr. Carlberg stated Staff is concerned with allowing agricultural practices closer to higher density areas. The Commission discussed the concerns of both the residential and agricultural areas and protecting both uses. Mr. Carlberg also noted that if there are complaints resulting from the amendment, the issue can be reviewed again. Ms. Dehn's concern is an isolated sItuation, and he preferred to see the Nuisance Ordinance used if any problems arise. , ) Robert Padula. 4630 173rd Avenue - is in favor of the amendment to allow people in the R-2 and R-3 district the practice of Rural Agricultural Uses. He was concerned about limiting it to five acres, pointing out three horses are allowed on 2.5 acres but not one chicken. The Commission pointed out the amendment is to permit those uses now allowed in the R-1 dIstrict to similiar rural areas in the R-2 and R-3 districts. They agreed the issue of limited agricultural uses on 2.5- to 5-acre lots must still be addressed. Mr. Padula - again expressed his support for the amendment. He appreciates being able to come back to where he grew up and farm legally. Bruce Perry. 17337 Roanoke - is in favor of the amendment as written. He has seven acres and has operated a hobby farm with chickens and sheep for many years, not realizing it was illegal. He would lIke his operation to be legal. MOTION by Apel, Seconded by Dehn to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. MOTION by Apel, Seconded by Pease, that the Planning and Zoning Commission recommend the City Council approve the changes to Ordinance No.8, Section 7.01 as presented regarding the rural agricultural use outside of the Metropolitan Urban Service Area only in R-2 and R-3 Districts. \ , ) The reason for recommending approval of these changes is that it would put the R-2 and R-3 zoning areas on the same footing that we already have in the R-1 district, and it would be then be easier as time goes by to change the ordinances when we have to to make the playing field not only level but equitable. \. ) '\ \.~) , ) PlannIng and Zoning Commission Meeting Minutes - October 8, 1991 Page 5 (Public Hearing: Ordinance 8, 7.01, Rural Ag Uses Motion Continued) A publIc hearing was held. Although there was no opposition to the idea of changing the ordinance, there was very deep concern over the density, ie., the number of animals allowed in contiguous areas; and also a concern about what density of animals would do to adjacent wetlands. DISCUSSION: Commissioner Dehn is concerned for the residents in the surrounding residential areas. Those in agriculture or with hobby farms have to be concerned with the surrounding areas and their neighbors; and the residential neighbors have to be conscious of the farms as well. Motion carried on a 5-Yes, I-Abstain (Dehn), I-Absent (McMullen) vote. This will be placed on the November 5, 1991, City Council Agenda. 8:48 p.m. The Commission recessed at 8:48; reconvened at 8:54 p.m. '\ SKETCH PLAN - MEADOWS OF ROUND LAKE/NEDEGAARD CONSTRUCTION. INC. , ) Mr. Carlberg reported the Staff of the Metropolitan Council has recommended approval of the Amendment to the Comprehensive Plan to allow the extension of the Coon Rapids Interceptor to provide sanitary sewer to this property, though it must still be voted on by the Metropolitan Council. Mr. Haas reviewed the sketch pian of 182 lots in the proposed Meadows of Round Lake being developed by Nedegaard Construction, Inc. located in an R-l* Manufactured Housing Zoning District southwest of Round Lake. Staff is recommending the rezoning to R-4 take place along with the preliminary plat. He outlined the comments and concerns of the Andover Review Committee. Currently the developer is not proposIng to construct the road to the south to connect with CoRd 116. David Newman. representinQ the developer - stated they are open to discussIons with the Park Board on the proposed Parcel D. In meetIng with the DNR and the Army Corps of Engineers, they were told there is great reluctant to allow them to fill any wetlands. Because they cannot afford to build a bridge across the wetlands, they have proposed to end Eldorado Street witn a cul-de-sac; though it is still their preference to have that street extended to CoRd 116. They are willing to expiore it further, feeling it is also a public safety issue. It is also possible they will have to shorten the cul-de-sac somewhat because of the topography. \ ) Mr. Haas continued with his review of the ARC Committee's coments, noting there wIll be a great deal of DNR and Army Corps of Engineering involvement in the plat. There may also be a possibility of getting an easement across Pleasant Oaks Park for road purposes. /-- '" , I \..j , '\ : ) \~ '\ '_ J Planning and Zoning Commission Meeting Minutes - October 8, 1991 Page 6 (Sketch Plan - Meadows of Round Lake, Continued) The Commission expressed concern with the length of the cul-de-sac on Eldorado Street and only two accesses going through existing residential areas. They hoped something could be worked out to extend the street to the CoRd 116. It was also noted that the DNR wil I have more say in the number of lots because of the wetlands. Mr. Newman - again stated they would love to see the road extend to CoRd 116. Because the proposed 143rd Avenue encroaches somewhat into the park, there have been discussions on trading frontage or providing land to move the park closer to the lake. They want to work with the City on the issue. The Commission had no further comments. The item will be forwarded to the City Council for their review on November 5, 1991. OTHER BUSINESS ) Mr. Carlberg reported the public hearing for the Comprehensive Plan will be held at the next Planning and Zoning Commission meeting, October 22, 1991. There being no further business, Chairperson Peek declared the meeting adjourned at 9:28 p.m. Respectfully submitted, '1~~~~~'~L : 'M~cella A. Peach Recording Secretary J