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HomeMy WebLinkAboutSeptember 8, 2009 C I T Y ® F N 1685. CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 0 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING — SEPTEMBER 8, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 8, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Tim Kirchoff, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Associate Planner, Angie Perera Others APPROVAL OFMINUTES. July 14, 2009 Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (09 -07) TO EXTEND APPROVAL OF LAND RECLAMATIONAT 2748161 AVENUE NW. Mr. Bednarz noted the applicant has an existing permit for stockpiling up to 3,000 cubic yards of topsoil on the subject property. The permit will expire in December of this year. The applicant is requesting to extend this permit for an additional three years. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Holthus asked if there have been any problems with the stockpile in the past. Mr. Bednarz stated they have not had any complaints or issues with the operation since it was established in 2003. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 2 © Chairperson Daninger asked if the resolution was the same as before except for the date. Mr. Bednarz indicated that was correct. Motion by Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Rocky Lindberg, 14777 Lake Drive, Forest Lake, was at the meeting to answer questions. Chair Daninger asked if this will be the last time they will be asking for an extension. Mr. Lindberg explained the process they perform in their business and indicated Mr. Grant planned on only doing this for a few more years so he figured this will be the last extension request. Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Falk asked if the stockpile went away in the next three years, how does the Conditional Use Permit go away. Mr. Bednarz explained the permit would be subject to annual inspection and they will make sure the site is restored to its previous state once the topsoil is gone from the site. He stated the permit; unless the Council revokes it will run for the three years as proposed. Motion by Casey, seconded by Kirchoff, to recommend to the City Council approval of proposed extension of the existing conditional use permit. Motion carried on a 7 -ayes, 0- nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the September 15, 2009 City Council meeting. PUBLIC HEARING: CITY CODEAMENDMENT TO CONSIDER CHANGES TO CITY CODE 12 -9 HOME OCCUPATIONS TO ADD EDUCATIONAL PETTING ZOO AS A CONDITIONAL USE. Mr. Bednarz explained a resident presented an idea for an educational facility for special needs students to the City Council at the July 23` Work Session. The Council was generally in favor of the idea and asked that the Planning Commission work through the details of how this type of use would be allowed. Mr. Bednarz reviewed the proposed City Code Amendment with the Commission. Commissioner Holthus stated they were not changing anything in the code but were © adding a paragraph. Mr. Bednarz explained the proposal as written in the staff report is Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 3 © to add Educational Petting Zoo as a Conditional Use in the three zoning districts and further restricted on properties larger than five acres. Chairperson Daninger noted the applicant will have to come back if approved for a CUP. Mr. Bednarz explained that was correct. Commissioner Holthus thought this was a great idea but had many questions and when she first looked at this she thought of a petting zoo but when she read further into it this became less of a petting zoo and more animal therapy so she wondered if what they were calling the change in the City Code was correct. Should it be a petting zoo or animal therapy. She also wondered if the State of Minnesota had any certification for animal therapy or an animal therapist. She also came up with more questions in regard to the students and animals. That she would like to ask the applicant and wondered how they would handle a CUP like this. Chairperson Daninger asked if the Council in their workshop look at a different area to define this as. Mr. Bednarz stated they did talk briefly about where in the City Code it might fit, they talked about the home occupation ordinance and as shown in the staff report there are some specific regulations for home occupations operating out of accessory structures that would conflict with the proposal which is only a three acre minimum and other things so they could go back into the home occupation code and spend time reworking it but it was deemed to be a little more straight forward and simpler to look at amending the uses section of the code with an appropriate definition but to have that listed as a use on larger than five acres and as a CUP. Commissioner Kirchoff asked without this being described as a petting zoo a person could have animals to this degree on eight acres already or was there a restriction on the type of animal. Mr. Bednarz stated this is regulated by acreage and the type of animal. Commissioner Kirchoff asked the only reason why they were looking at this being a CUP was because it was a business. Mr. Bednarz indicated that was correct. Commissioner Holthus thought this business seemed like more of a treatment or some exposure to animals that will have a result in the end and when she thinks of a petting zoo she thinks more recreational and not necessarily to reach some sort of goal. She thought a petting zoo to her seemed recreational so she wondered if this was called the correct thing. She also wanted the children and staff to be safe. She would like to be sure the animals are safe and that no one gets hurt. She also wondered what the State of Minnesota requires for animal therapists. Motion by Casey, seconded by Kirchoff, to open the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. © Mr. Don Eveland, 2575 Andover Boulevard, thought this was a horrible idea. He stated he hated the classification of petting zoo because he allows people to come to his farm Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 4 © and see and pet his animals. He stated the USDA will want to check the animals annually to make sure they are being taken care of. He stated the animals will need to be accounted for. He did not think this should be a Conditional Use Permit of any kind. He thought if this was approved it would affect his business. He did not understand why the City needs to be involved in this. He thought the City was singling them out rather than all the other farms and factories going on in Andover. He did not understand why a person would need to have a CUP for animals. Commissioner Kirchoff asked if he had an animal farm where people came to the farm to pet his animals. Mr. Eveland stated that was correct but they come to see the animals and not necessarily to pet them. He stated if this is approved he will be required to have a CUP for his farm. He did not think the City had a right to be able to shut him down if they wanted to. Ms. Lauren Fischell, 4618 161 Avenue NW, Andover, was at the meeting to answer questions. Commissioner Holthus asked how Mr. Fischell can be absolutely positive that the animals the children will be exposed to will be safe. Ms. Fischell stated one of the ways of doing that is to bring them up as babies. She stated she is also running a small rescue farm and has had fifteen years in the animal rescue business. She stated the animals have to be certified as therapy animals so regardless of the animal she would envision raising some of them herself and they will need to be certified therapy appropriate in order to use them. Commissioner Holthus wondered how long the children will be exposed to the animals to work with them. Ms. Fischell indicated she envisioned a couple of hours in a group of maybe five students. Special Ed students are small with a couple of teachers. Commissioner Holthus asked if she thought of the word petting zoo or was this more of a therapeutic business for her. Ms. Fischell indicated she never thought this would be a petting zoo and when she talked with staff they needed to someone to envision what the structure was and they thought of the petting zoo because the animals will be, depending on the weather, in a building or outside in a pen, segregated so a student can work with each animal individually. Commissioner Holthus asked if the certification of the animals comes from the State of Minnesota. Ms. Fischell stated it is in her business plan and believed there are people in Minnesota that certifies animals. Commissioner Holthus asked if Ms. Fischell will need to get certified by the State. Ms. Fischell stated there is no certification and the people running these types of programs are Special Ed teachers, psychologists and social workers. There are no certifications © anywhere in the Country for animal certification that she was aware of. Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 5 Q Commissioner Holthus asked if there would be only one school bus at a time. Ms. Fischell indicated that was correct. Commissioner Holthus asked how often the children would come to receive therapy. Ms. Fischell indicated that would be up to each individual school system. Commissioner Holthus asked Ms. Fischell if she has approached District 16 or 11 about her program. Ms. Fischell indicated she has not done that yet. She stated she has approached her own school about the program and they would be happy to utilize it. Commissioner Casey asked what type of animal Ms. Fischell will be using. Ms. Fischell did not envision a riding therapy program but would be using pigmy goats, potbelly pigs, llamas and donkeys. Commissioner Walton asked if there will be any advertisement or signage on the property. Ms. Fischell stated if she would she would need to go before the City for approval. She also envisioned a color brochure and visits to Special Ed directors. Commissioner Walton asked if there will be a fee or will this be open to the general public. Ms. Fischell stated the business will not be open to the public. Commissioner Walton asked how they are set up for buses. Ms. Fischell indicated the property was large enough to accommodate a bus. Commissioner Walton asked if her neighbors would be able to see a bus on the property. Ms. Fischell explained where on her property the bus would park. Chairperson Daninger stated his concern was snow removal. He asked what she would do if someone wanted to have a birthday party at this site. Ms. Fischell stated this would not be allowed because it will be strictly for therapy and helping special education students. Chairperson Daninger asked if there will be other people working there. Ms. Fischell explained it depended on how big the business becomes and how many schools visit. Chairperson Daninger asked what kind of animals she rescued and will they be segregated from the people. Ms. Fischell stated at present they have a few horses, a pony and two goats, which are segregated and would not work for therapeutic purposes because of their temperament. They are housed in a different place. Commissioner Falk asked how many kids she planned to have on site at one time. Ms. Fischell stated she planned on having five to eight students at one time. © Commissioner Kirchoff asked if a person had a licensed therapy business in Andover would they need to have a home permit from the City. He asked if another building were Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 6 © placed on site where therapy would be conducted what would they need a permit for other than animals because he did not think they should apply. Mr. Bednarz stated once a business is operated outside of an accessory building a Conditional Use Permit is needed under the terms of their home occupation ordinance along with at least three acres. Commissioner Kirchoff stated he thought this was a great business idea but he wondered if they really wanted to have this require a permit. Mr. Eveland stated the whole thing about this being a home business bothers him because it really is not in the home. The way this is written up, animals are permitted on five acres or more so basically anyone in Andover could have animals with a business like theirs. He stated there is no small acreage requirement. To him this is too much government. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Kirchoff asked what would have to change in their existing ordinance to allow a business like this in Andover. Mr. Bednarz explained what the City would need to review and possibly change for a business like this to be allowed to exist in the City. The Commission discussed if they should add a paragraph to the code for this type of business or if this should be allowed without a CUP as a home business. Commissioner Holthus did not think they should anything to their City Code but if they did it should indicate "animal therapy" and not "petting zoo ". Commissioner Falk thought this should be considered a farm. It is a business, which will need to be regulated somehow. Maybe they need to treat this as a home business and go from there. Mr. Bednarz reviewed if the City did not do any changes what would be required for the business to operate in Andover. Commissioner Walton stated he liked the idea of modifying the home occupation and calling it a therapy business. This is a fine line between farming and a different type of business with animals. He thought it would be good to lay some kind of baseline down on how to manage a home -based business versus a farm. He thought there needed to be some kind of regulation because it is not farming; it needs a home occupation definition but not necessarily elsewhere in the code. Motion by Holthus, seconded by Casey, to recommend they do not add the Chapter 12 change to the City Code. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 7 © Mr. Bednarz stated that this item would be before the Council at the September 15, 2009 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (09 -08) TO ALLOW TELECOMMUNICATIONS ANTENNA WITHIN PRAIRIE KNOLL PARK. Ms. Perera noted T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park at the location of one of the existing light poles west of the ball field. City Code 9 -12 provides the specific requirements for antennas and towers. Ms. Perera reviewed the staff report with the Commission. Commissioner Cleveland asked if the current light pole required a setback. Ms. Perera replied that it did not, just antennas and towers would require a setback. Commissioner Falk stated he came to the conclusion that some of the light poles have started to enlighten him because the city has changed the ordinance in the past to allow more than one antenna to be placed on a pole. Chairperson Daninger agreed. Commissioner Falk thought companies were now finding out they can use light poles now and get away with only having one antenna on them. He thought the City was at risk of having a lot of light poles with only one antenna on them if collocation requirements are not upheld. Chairperson Daninger explained the reason for the previous ordinance amendment pertaining to the subject. Commissioner Walton asked if this was the only location looked at in Prairie Knoll Park. Ms. Perera replied that the applicant was trying to maintain the existing character of the park and use the existing landscape as a buffer by utilizing this particular light pole. Commissioner Walton asked if the parking light at the north end of the park intended to be a temporary light structure. Ms. Perera was not sure. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 7- ayes, 0 -nays, 0- present, 0- absent vote. Mr. Jim Linahan, 665 148` Lane, asked if the Commission would want a large antenna in their front yard. He stated he did not want this across from his front yard and he wondered why the business could not find someplace where it will not be so intrusive to them and others. He did not think they needed this proposal. He also wondered what kind of radiation this will emit because he did not want any health issues because of this. He thought the building will be an eyesore along with the existing building already there. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 8 Mr. Severen Bernin, 645 148 Lane, asked if anyone has done their homework regarding the possibility of dangers associated with a cell tower. He also thought if the City had space for an easement to get to a tower he suggested putting in a parking area because people are parking on Prairie Knoll Drive and he stated his concerns for safety related to existing traffic and parking in the area. Mr. Paul Harrington, Carlson and Harrington, indicated he does Site Acquisition work for wireless companies. He explained how they determine site acquisition along with how this site will look with the tower and building proposed. Commissioner Holthus asked how often the technician would need to reach the accessory building. Mr. Harrington stated they would come out about once a month for half an hour during business hours. He stated that he discussed working out a snow plowing agreement with staff. The applicant would be willing to snow plow the path to the building for access purposes. Commissioner Holthus asked what the health risks are. Mr. Harrington stated they are subject to the requirements of the FDA. He reviewed what the FDA and FCC require in regard to threshold requirements. Commissioner Falk asked if they were to extend the tower higher could they accommodate more customers. Mr. Harrington stated they could but the design of the pole would need to change or else "arms" could be added to the proposed pole in the future to accommodate for additional users. If they designed the pole to allow for additional users at this time, the pole would need to be a larger diameter since all of the cables are internal. Commissioner Falk asked if they were going to put fencing around the building. Mr. Harrington stated they did not plan to but could if the City wanted them to. He stated the building was secure and all the wiring would be run underground. He noted all their equipment could also be housed outside without a building to lower the footprint. Commissioner Walton asked if there was a reason why they selected this particular pole and not any other in the park. Mr. Harrington stated they wanted to capitalize on any type of screening already there and where the building would fit it in so it will not be as noticeable. Chairperson Daninger asked if Mr. Harrington was familiar with their lighting ordinance. Mr. Harrington indicated he was. Chairperson Daninger believed the proposed easement needs to be a paved surface. Ms. Perera stated they would be utilizing the existing path that is already there. Chairperson Daninger asked how the noise will be contained. Mr. Harrington stated the equipment will produce noise equivalent to a well operating household refrigerator. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 9 Chairperson Daninger asked if Mr. Harrington would have a problem if they required sod rather than seed for replacement as one of the conditions of approval. Mr. Harrington indicated he would be fine with that. Chairperson Daninger stated there was mention of a fence and he was not really in favor of a fence but asked how they were going to protect their cable trays. Mr. Harrington indicated that the cables will be going underground since this is being proposed in a park. Chairperson Daninger asked when construction would be started. Mr. Harrington hoped it would be started in the spring 2010. Mr. Harrington reviewed with the Commission the problem they would have with co- location on this pole. Mr. Linahan asked if there was noise associated with the equipment. Chair Daninger stated that it would be as loud as a refrigerator. Mr. Linahan commented that the path may get destroyed with trucks driving on the path. Chairperson Daninger stated anything they destroy will need to be fixed by the applicant. Mr. Bernin asked if the structure was 10x12. Mr. Harrington indicated it was. Mr. Bernin stated he already looks at a couple of these buildings and does not want to see another one in the park. Mr. Harrington stated there is a condition regarding a sunset clause and he wondered if this is regarding when construction starts or if the CUP could expire for something other than discontinuing the operation. Mr. Bednarz stated the sunset clause is just to ensure you follow through with the construction within twelve months. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Casey asked what is the approximate height of the wooded area where the antenna and building are being proposed. Chairperson Daninger explained how tall the trees are approximately based on the height of the bleachers in the park. Commissioner Holthus asked what happens to the money the City gets from the cell phone company. Ms. Perera stated the funds will need to stay within the park for future improvements made within the park. Ms. Perera stated there is a proposed sample of what the building might look like and a condition in the resolution is that the exterior of the building be similar to the warming house currently located in the park. She stated if approval is recommended they would be recommending approval of a variance from the setback as well as the co- location requirements. Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 10 Chairperson Daninger asked if any of the Commissioners had issues with the setback. No one did. Chairperson Daninger asked if any of the Commissioners had issues with not co- locating. Commissioner Falk indicated he did. He asked if the building could hold more than one co- locator. Chairperson Daninger thought it would be just for T- Mobile but they could request the building be made bigger to accommodate additional users in the future. Commissioner Falk stated he would like to have the building bigger because there is a possibility they could have another co- locator in the future. Commissioner Kirchoff thought it was less intrusive by not having the co- locations and the possibility of hanging antennas on the sides of the tower. Commissioner Cleveland stated there are already some miscellaneous buildings in the park that the citizens are opposed to having and they would be opposed to having anymore. He thought they would need to have a much larger building if they added co- location. Chairperson Daninger concurred. He felt co- location would not work and would like to keep the building smaller if possible. He noted there are other light poles if another company came in and requested location in the park. Chairperson Daninger asked if anyone was opposed to the proposed location. No one was opposed. Motion by Falk, seconded by Kirchoff, to approve as presented adding that this will be a single location only. Chair Daninger asked if they could change Item 4 to sod instead of seed. The other Commissioners felt seed would be better because of watering needs. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the October 6, 2009 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. _Motion by Falk, seconded by Casey, to adjourn the meeting at 8:53 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 11 Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc.