HomeMy WebLinkAboutNovember 14, 1989
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION
NOVEMBER 14, 1989
MEETING MINUTES
The regularly scheduled meeting of the Andover Planning and Zoning Commission
was called to order at 7:30 P.M. by Chairman Rebecca Pease on Tuesday,
November 14, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd.,
Andover, MN.
Commissioners Present: Chairman Pease, Bev Jovanovich, Don Spotts, Randal Peek,
Wayne Vistad, Gretchen Sabel, Ron Ferris
Others Present: Jay Blake, d'Arcy Bosell
Approval of Minutes
The Andover Planning and Zoning Commission was requested to review and approve
minutes of the October 12, 1989 Special Planning and Zoning meeting and the
October 24, 1989 Regular Planning and Zoning meeting.
commissioner Spotts motioned to approve minutes for the October 12,1989 Special
meeting. Commissioner Ferris seconded the motion; all commissioners favor
motion. October 12, 1989 minutes approved.
Commissioner Vistad motioned to approve minutes for the October 24, 1989 Regular
meeting. Commissioner Jovanovich seconded the motion; all commissioners but
Ron Ferris favored motion. Mr. Ferris did not receive a copy of the minutes.
October 24, 1989 minutes approved.
Ordinance No. 8 and 23 Amendments - Public Hearing
d'Arcy Bosell delivered a presentation on the proposed draft ordinance amendments.
Ms. Bosell forwarded a copy of proposed draft ordinance to City Attorney
Bill Hawkins for his review. He had not responded as of 11/14/89. Included in
the draft proposal is the recommendation the word "occupied" be deleted, as it
pertains to residential lots.
Mr. Ferris asked specifically where the word "occupied" will be omitted. Ms. Bosell
stated proposed Ordinance 8, Section 8.19, Subsection F which deals with nuisance
characteristics would omit the word "occupied."
Ms. Bosell noted that in researching material for these proposed amendments she
located City Ordinances 1 and 2. Ordinance 1 deals with the keeping of dogs and
cats. Ordinance 2 pertains to shooting. Commissioners will receive a copy of
Ordinance 1 and 2 for their books.
Commissioner vis tad requested that Section II Acreage Requirements of proposed
Ordinance 23 be changed as follows:
The comments for 3+ acres will read one (1) additional equine per additional
one-half (1/2) acre permitted; Site Plan approval required.
cont'd.. .
Planning and Zoning Co/~~sion
November 14, 1989 Meetillg" Minutes
Page Two
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Ms. Bosell agreed to this request.
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~ commissioner Peek noted that setbacks are geared to residential occupancies. He
questioned whether there are situations in the city where a neighboring property
would be commercia.!.. Peek recommends replacing the words "residential" and
"occupied residential" with ".lot.".
Public hearing was opened by Chairman Pease.
Ernie Treble, 1412 Andover Blvd., asked why ordinance is belng changed.
Bosell replied that complaints have been received regarding lack of adequate shelter.
The ordinance, as it stands, does not specify guidelines for shelter.
Mr. ~reble asked how many members of the Horseman's Council were involved in
rewrlting the ordinance.
Ms. Bosell stated that although a letter addressing this issue was sent to members
of tne Horseman's Council, she received no response or input from members.
Mr. Treble feels the change in horses allowed per acre is drastic.
Commissioner Vistad noted that research with similar communities indicates six
horses on 2 1/2 acres is not reasonable. Also, intent is to make ordinance
clearly written and easily understood.
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Ms. Bosell stated that consideration should be made for mares that foal. Also,
a procedure should be established for dealing with complaints.
Ms. Hurst, 16440 Ward Lake Drive, stated she was not n tified of proposed changes
in ordlnance. She suggested such notices be publlshed in the city newsletter.
Mr. Treble asked if draft before commission will be rewritten and subject to another
public hearlng.
Bosell replied that a second public hearing is an option, or this public hearing
can be continued.
Mr. Treble questioned proposed Section VII regarding permits.
Mr. Vlstad explained the purpose of requiring a permit is to provide a means of
enforcement of ordinance. Also, a required permit would be a means of information.
Mr. Treble feels a permit is an excuse to collect a fee. Also, he believes the
horse owners are being singled out as permits are not required for other animals
such as pigs, cows and sheep.
Mr. Treble also questioned how ordinance would apply to owners of non-contiguous
land.
Ms. Bosell felt this issue should be forwarded to the city attorney.
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Planning and
November 14,
Page Three
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Zon~ng Co )s~on
1989 Meetillg Ninutes
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Kenneth Heil, 1425 Andover Blvd., stressed that better commun~cation by the city is
necessary. He believes that an amended ord~nance will also be misunaerstood unless
communication is improved.
chairman Pease suggested a brochure or hand-out explaining ordinance be available
to interested parties.
Russ McGlenn, 1486l Prairie Road, stated the city has a responsibility to
communicate through the newsletter. He pays land taxes and feels it is unfair
to additionally pay a permit fee for horses.
Bosell rem~nded tnose present that SUCh a permit is required in existing ordinance;
however it has not been the practice to collect a fee.
Mr. He~l asked if ordinance will contain a grandfather clause.
Ms. Bosell referred to proposed Section VII Retroactivity.
Mr. McGlenn stated that old ordinance seemed to offer more protection for residents
who favor rural living.
Deb Menth, 1416 Andover Blvd., stated she was not not~fied of proposed changes
to ordinance. Ms. Menth proposes that Horseman's Council be involved in rewriting
ordinance. she also stated the boarding needs for care of show horses differs
from needs of recreational animals.
Marlene Adler, 1480 Andover Blvd., is a member of the Horseman's Council. She
explained that all six people involved in writing current ordinance were horse
owners. The reason for including a permit in ordinance was that some' .members
felt they should be compensated if required to investigate complaints, approve
sites, etc.
She does not agree that horses should only be allowed behind the home. If a fence
is well maintained it should be allowed in front. Ms. Adler feels ordinance should
allow leeway ~n regard to where home is located.
Mr. Blake stressed that city would like to see Horseman's Council act~ve.
Ms. Bosell stated to become a member of the Horseman's Council applicant should
write to City Council and request appointment.
commissioner Vistad asked Ms. Adler what she considers an adequate amount of land
for a horse.
Ms. Adler replied that needs are different for show hroses as they are exersized
in a contained area. For a recreational animal, 1 - 1 l/2 acres would be necessary.
Commissioner Vistad asked if ordinance should differentiate between show and
recreational animals.
Ms. Adler proposed a basic ordinance with allowance of variance determined by
Horseman's Council.
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Planning and
November 14,
Page Four
Zoning Co~ssion
1989 Meeting Minutes
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Commissioner Ferris stated a problem with proposal is there would be no
standard.
Ms. Adler agreed and added that she would not want a fee as associated with
variance.
Mr. Blake stated a different fee could be set for tilis type of ordinance.
Ms. Adler also wants ordinance to include grandfather clause.
Commissioner Peek asked what the xelat~onship w~ll be between Horsem~n'~ Council
and City Council.
Mr. Blake believes the Horseman I s Council will serve as an advisoxy body to the
City Council.
Peek questioned if this ordinance could become the xesponsibility of, HorSeman's
Council.
John Bills, 14367 prairie Road stated infQ.rmation regarding oxdinance should
be communicated by Horseman's Council. He stated the front yard xequirernent
prohibiting corrals is unreasonable.
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Mr. Bills recommended Section VII Retroactivity eliminate the word "increase"
as it pertains to number of equine.. It a mare foals he would be in violation
of ordinance.
Commissioner Sabel questioned how situation is. handled by city in regard
to kennels. She suggested a time limit allowing foal be considered.
Mr. Bills stated Horseman's Council should be voted in rather than appointed.
Commissioner Spotts reiterated that proposed ordinance is a draft. He suggests
having Horseman's Council revise ordinance with city staf!; rewxitin9"
Hr. Bills disagrees with issuing permits for horses. A permit could possibly
be pulled on grounds of complaints by a person who is not familiar with horse
care and/or training techniques.
Bosell stated that currently the city looks to the Anoka County Humane Society for
advise on animal neglect or abuse complaints.
David Hefner asked if proposed ordinance amendments have been published.
Commissioner Sabel answered that the agenda is published in Anoka Union but
that text of proposal is not published until ordinance is approved by City Council.
Mr. Hefner asked if existing Horseman's Council will be reinstated or if new
members will be voted or appointed.
Chairman Pease explained there could likely be a timing problem with publishing
~~ agenda in city newsletter. Currently newsletter is a quarterly publiCation
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Planning and Zoning co~sion
November 14, 1989 Meeting Minutes
Page Five
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and Planning and Zoning Commission meetings are scheduled twice monthly.
Items are placed on agenda through out the month.
Pat Schrader, 720 NW Andover Blvd is a former member of the Planning and Zoning
Commission. She states there are ways to contact persons who will be affected
by Planning and Zoning Commission decisions.
Bosell asked residents to explain difference between "corral" and "pasture."
Mr.' Bills stated a corral is used for exersizing. Ms. Adler said a corral is
usually contained by a wood fence. A pasture is used for grazing and may be
fenced with barbed wire.
Ms. Bosell asked residents if they feel a 10' x 10' area is adequate. It was
concluded this would be adequate area.
Mr. McGlenn noted there are health benefits to a three sided shelter.
Bosell stated the city building inspector suggested allowed front corral area
be determined by centering house on 300' and allowing remainder of frontage
to be used for pasture.
Mr. Ferris asked for comments from non horse owners. There were no comments.
Commissioner vis tad recommended that further comments be directed to d'Arcy Bosell
at City Hall.
MOTION made by Wayne vis tad to continue Public Hearing until next Planning and
Zoning Commission meeting in order to gather additional information from
Horseman's Council and obtain input from other concerned horse owners and non-
horse owners.
Second to motion by Bev Jovanovich.
Commissioner Ferris stated he wanted item tabled until City Council appoints
Horseman's Council.
Vistad proposed hearing remain open in an effort to keep issue moving.
Mr. Blake did not believe staff would have adequate time to prepare for
continuation in two weeks.
Commissioner Vistad agreed to modify motion as follows:
close Public Hearing of 11/l4/89. Second to motion by
commissioners agree to motion. MOTION passed.
MOTION is made to
ev Jovanovich. All
Commissioner Vis tad MOTIONED that Ordinance 8 and 23 amendments be postponed
until a Horseman's Council has been reestablished and/or until additional
information needed to give this matter proper consideration is received.
Ferris requested that motion be changed to delete mention of additional information.
Vistad agreed to change motion as follows: Amendments to horse ordinance be
postponed until Horseman's Council has been reestablished. Second to motion
by Jovanovich. All commissioners favor motion. Item tabled.
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ZonJ.ng Con~.JssJ.on
1989 Meeting Minutes
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Planning and
November 14,
Page six
It is the intent of the commission to republish notice of Public Hearing.
It is the intent of the commission to include in the city newsletter a listing
of issues being discussed by the Planning and Zoning Commission.
Mr. Blake noted that due to budget cuts the newsletter will be published less
frequently in 1990.
Peek suggested newsletter include the information thatAnoka Union is official
city newspaper, and agenda items will be published in Union.
Commissioner Vistad made a MOTION that the Andover Planning and Zoning Commission
recommend to the Andover City Council that the Horseman's Council be reestablished
as soon as possible.
Second to motion by Gretchen Sabel. All commissioners favor motion; motion
passed.
Preliminary Metropolitan Urban Service Area Review - Comp Plan Amendment
The Andover Planning and Zoning Commission was asked to review the following
requests for expansion of the Metropolitan Urban Service Area.
Information regarding requests was relayed by Jay Blake.
Requests were submitted by:
Gorham Builders
Continental Development Corporation
Hills Incorporated
Gaughen Companies
Holst Property
The five requests total 482 acres or roughly 1,157 lots (based on 2.4 lots
per acre.) A map enclosed in packet details specific location of requests.
Currently there are 765 existing lots available within MUSA
417 preliminary plats within MUSA have been approved
160 - 170 lots will be available in Watts
1,350 lots within MUSA
Based on current trends, 1,350 lots will last 3 - 4 years.
Additional information regarding recent MUSA expansion request, and land swap
options is contained in 11/14/89 Request for Planning Commission Action memo.
Mr. Vistad stated that lots available are upper bracket; and therefore not
really available to all home buyers.
Mr. Blake stated the Met Council looks at acres, not lots.
Mr. Vistad recommends looking at building trends in neighboring communities.
cont'd.. .
Planning and
November 14,
Page Seven
Zoning coc=2ssion
1989 Meeting Minutes
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, ~ Mr. Peek asked what time frame developers are looking at. Blake replied some
~ developers are flexible at this point and are looking at request for 1991 - 1992.
A few developers have more immediate request.
Ferris questioned the need to expand now when the building needs of the city can
be met for the next three years. He believes city should retain the valuable
option to swap. Rural development is threatened if city allows expansion of
MUSA.
A representative from Winslow Hills was present to discuss request with
commission. She stated there are currently homes on 27 lots out of 80. She
believes they will be sold out next year. They have been selling a little over
a year.
Mr. Ferris felt trends would indicate Winslow has a two year supply of lots.
Winslow wants MUSA within a year.
Chuck Cook, representing Continental Development Corporation, stated he has a
contract to purchase tree farm. Two years ago he requested approval for develop-
ment of 2 1/2 acre lots but request was denied by City Council. Mr. Cook asked
Planning and Zoning Commission to give his request consideration. He spent
11 months to obtain plat approval and the process for obtaining MUSA approval
through Met Council will take another six months.
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Bud Holtz stated he bought his land four years ago and now because of increased
property taxes he may want to develop.
Pease asked why Planning and zoning Commission is not addressing broader scope
rather than looking at requests from five developers.
Gretchen Sabel made a MOTION that the Planning and Zoning Commission recommend
to the Andover City Council to postpone decision on requests until such time
MUSA expansion is reviewed as part of the Comprehensive Plan. MUSA expansion
issues will be addressed early in Comprehensive Plan Update procedure. Currently
there is a four year supply of lots within city.
Commissioner Ferris seconded the motion. All commissioners agree to motion;
MOTION passed.
Alarm Ordinance
The Andover Planning and zoning Commission was requested to review the draft
alarm ordinance. as presented by Jay Blake.
Blake stated the City Attorney questioned whether existin~ systems would be subject
to provisions of ordinance. Sabel suggested they be required to register but
permit fee be waived. All new alarm systems and upgrades will be subject to fee.
Mr. Ferris stated the options to offset administrative costs due to ordinance
are to increase taxes or impose a users fee. He believes this case has strong
merit for a users fee.
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Planning and
November 14,
Page Eight
Zoning COC=)SSion
1989 Meeting Minutes
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Jim Simpson, o'~er of Five Star Sound and Security Systems, ~ot positive response
from customers in regard to questions asked them concerning registration, permits,
etc.
Following are chan~es to the draft proposed by Planning and Zoning Commission:
Section 2, Item A shall end after the first sentence. The second sentence beginning
"The alarm business shall be licensed..." will be designated as Item B. This will
change existing Item B to C, existing Item C to D, etc.
Section 2, Existing Item B. The last sentence shall read "A separate surcharge
fee shall be charged to the alarm user for each subsequent false alarm over
three (3) within any calendar year.
Section 2 should include a paragraph H that requires new registration of system
when property changes hands.
Blake will research methods of collection used by other communities.
Blake stated an informational packet for new residents is being developed and this
packet will include ordinance information.
A Public Hearing regarding Alarm Ordinance will be scheduled for the first Planning
and Zoning Commission meeting in December.
Ordinance 8 Commercial Vehicles R-1 Districts
Commissioners J~vanovich and Sabel did not participate in Ordinance 8 Commercial
Vehicles discussion.
Jay Blake noted that Ordinance included in packet contains changes previously
requested by Commissioners.
Robert Dickenson was present to present his concerns regarding ordinance.
Blake suggested weight restriction be based on cap of axle weight on road.
Andover's lowest road capacity is 4 ton per axle.
A Public Hearing will be scheduled for the first Planning and Zoning Commission
meeting in December.
MOTION was made by Vis tad and seconded by Peek to adjourn. All commissioners favored
motion. Meeting adjourned at 12:45 A.M.
Respectfully submitted,
Theresa Hogan
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The Gaughan Companies
Gaughan Land Incorporated, P. J, Gaughan, Inc" Gaughan Management, Inc., Gaughan Realty
Northtown Business Center
299 Coon Rapids Blvd., Suite 210, Coon Rapids, Minnesota 55433
November 14, 1989
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Chairperson Becky Pease and Planning Commission Members
City of Andover
1885 Crosstown Blvd.
Andover, MN 55304
Re: Metropolitan Urban Service Area Extension
Dear Chairperson Pease and Commission Members:
I re~retfully will not be able to attend the Andover Planning
Comm1ssion meeting on Tuesday, November 14. I received the
notice on November 9th and at that time I already had a
previous public meeting set for the evenin~ of the 14th.
However, I would like to address the Plann1ng commission in
letter form on the reasons for includin~ the 60 acre easterly
portion of our Old Colony Estates Addit10n in the MUSA line.
1. The 60 acres already have municipal sanitary sewer and
water available and sized to serve the area.
2. The trunk sanitary sewer line already extends 350 feet
into the southern portion of this 60 acres.
3. The re~ional storm detention pond that will service
this area 1S in the Coon Creek Watershed Districtrs
immediate construction plans. The pond is located in the
first phase of our Old Colony Estates addition.
4. The concept plat for this 60 acres has already been
reviewed by the Planning Commission and city staff (see
attached Exhibit B).
5. The inclusion of this area is a logical, physical
extension of the MUSA line. It is not arbitrary and
involves no leapfrogging or circuitous extension, but makes
good geographic sense.
6. The development of the Old Colony Estates area within
the MUSA line will require the construction of streets and
utilities which will benefit and service the area currently
outside the MUSA line.
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- Land Development, Construction, Property Management -
Equal Opportunity Employer
(612) 786-6320
FAX # 786.9320
Page 2
Chairperson Pease and Commission Members:
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7. The Citr of Andover proposed to include this 60 acres
in its serv1ce area between 1988-1990 as identified on its
Sanitary Sewer Service/Assessment Area Map (Exhibit C).
I believe these identified factors establish a firm basis for
inclusion of these 60 acres in the MUSA line. I thank you for
your consideration of this matter.
Sincerely,
/)/ A~1Itr l-C_,~
~~mel
President
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