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HomeMy WebLinkAboutJanuary 12, 2010 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda January 12,2010 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes - December 8, 2009 3. PUBLIC HEARING: Conditional Use Permit 10-01 to consider animal therapy facility at 16274 Verdin StreetNW. 4. PUBLIC HEARING: City Code Amendment to consider changes to City Code for Exterior Storage of Commercial vehicles and other storage items. 0 5. PUBLIC HEARING: Conditional Use Permit 09-11 to consider telecommunications tower for Clear Wireless, LLC in Hidden Creek North Park located at 2620 Bunker Lake Boulevard NW. 6. PUBLIC HEARING: Conditional Use Permit 10-05 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 14057 Rose Street NW. 7. PUBLIC HEARING: Conditional Use Permit 10-04 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 1717 Crosstown Boulevard NW. 8. Other Business 9. Adjournment 0 'I 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING - JANUARY 12,2010 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on January 12,2010,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present Chairperson Daninger, Commissioners Tim Kirchoff, Valerie Holthus, Devon Walton, Douglas Falk (arrived at 7:03 p.m.) and Dennis Cleveland. Commissioners absent: Michael Casey. Also present: City Planner, Courtney Bednarz Associate Planner, Angie Perera Others 0 APPROVAL OF MINUTES. December 8, 2009 Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. Motion can-ied on a 4-ayes, O-nays, I-present (Cleveland), 2-absent (Falk, Casey) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT 10-01 TO CONSIDER ANIMAL THERAPY FACILITY AT 16274 VERDIN STREET NW, Ms. Perera noted Mr. Russell Johansson has applied for a Conditional Use Permit, on behalf of his wife Diana and himself for a proposed animal therapy facility to be located at 16274 Verdin St. NW. The property is a 14.5-acre parcel located north of 161 5t Avenue and west of County Road 59 (Verdin Street) within the R-l zoning district, City Code 12-12 allows an animal assisted therapy facility as a conditional use within the R1, R2 and R3 zoning districts on properties larger than five acres in size. The property is heavily wooded providing natural screening around the property. Ms. Perera reviewed the proposal with the Commission. 0 Regular Andover Planning and Zoning Commission Meeting Minutes -January 12,2010 Page 2 0 Commissioner Kirchoff asked if this was something new the City may become involved in, monitoring health and safety. Ms. Perera reviewed the definition of "animal assisted therapy" with the Commission. Commissioner Kirchoff did not know if City Staff was knowledgeable regarding this and it may be best done at the State level with the City agreeing to allow the program. Commissioner Cleveland stated even though this is associated with the Fraser Center it is not a part of the Fraser Center and it will be a business on its own. Ms. Perera stated that was correct and thought the applicant could answer this for them. Commissioner Walton stated in discussion by staffregarding the annual basis verifying the health human services person was directing a therapy program, he wondered what if the director changed in the middle ofthe year, how would they deal with this. Ms. Perera stated they could reference this as a condition within the resolution. Commissioner Kirchoff asked ifthey had any special requirements for other clinics in the City. He thought they may want to stay out of the monitoring of health issues that they are not really involved in. Ms. Perera stated the idea behind this was that the City will have some type of proof or document showing that someone is at least overseeing the program and that they have the initial letter of intent supporting the business and that their "support" does not "go away" after the second or third year. They just want to 0 verify that a qualified professional is overseeing the program. Motion by Walton, seconded by Falk, to open the public hearing. Motion can-ied on a 6- ayes, O-nays, I-absent (Casey) vote. Mr. Russell Johansson and Mrs. Diana Johansson, 16274 Verdin Street N.W., explained to the Commission the purpose of the business. Commissioner Holthus wondered how many students they are going to have at their facility at one time, where the parking area is and how far away the parking area is from the facility. Mrs. Johansson stated the focus is for one on one with the children with each session lasting one hour and a half hour in between sessions. She stated there will only be one vehicle at a time within an hour and a half and they have a tarred parking spot next to the area off of their home. She stated the only time there will be more than one vehicle is when they have an open house and then people can park in front ofthe barn but they do not anticipate that to happen very often and they do not anticipate a lot of people for that type of event. Commissioner Falk asked if the operation will be open in the winter time also. Mrs. Johansson stated they hoped to provide this year round. Commissioner Falk asked why they wanted to remain open until 7:00 p.m. Mrs. Johansson stated they were trying to accommodate their customers in case the parents could not come during work hours. She 0 stated the hours were tentative and may need to be changed but the close time will not be later than 7:00 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes -January 12,2010 0 Page 3 Commissioner Falk asked if they will need to have some sort of outside lighting. Mrs. Johansson stated in the winter they will be providing the therapy indoors. Commissioner Walton stated the person helping with the program is a volunteer and he wondered in comparison with the program they are setting up are there other programs like theirs in Minnesota. Mr. Johansson stated there was not any they were aware of. Mrs. Johansson stated their program will not include riding ofthe animals. Chairperson Daninger asked if it was their intent to have eleven animals as proposed to be used in the therapy program or did they anticipate more or less. He was concerned with the applicant indicating the hours and other things are subject to change. Mr. Johansson stated the hours of service would most likely be evening hours. Mrs. Johansson stated their intent is not to introduce anymore animals than the eleven they have but would like to be able to replace them if needed (i.e. if an animal died). Chairperson Daninger asked if this facility is handicapped accessible. Mrs. Johansson stated it was not and that the clients need to be physically able to access the property. Motion by Falk, seconded by Walton, to close the public hearing at 7:24 p.m. Motion 0 carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Kirchoff asked since this is a Conditional Use Permit, if they find there is a problem with the amount oftraffic could this be reviewed next year. Ms. Perera stated they could. Mr. Bednarz stated they would need to establish that condition as a part of the approval. Ifthey want to review that they would need to modify the resolution to reflect it. Chairperson Daninger thought they could put in the resolution a condition to review yearly. Chairperson Daninger asked if their request met the City Ordinance with this volunteer. Ms. Perera stated it would meet their requirements. Commissioner Walton stated he was waffling between the idea that they have to regulate who is volunteering and what kind of education they have to volunteer and how that compares to Commissioners Kirchoff's question if the City asks the clinics in the area to show them the licenses of all the doctors that operate at them. He was trying to equate the two and see if they need to ask them to provide a specially licensed person to volunteer on their staff because that person could change or leave and would they need to find someone else to take their place because ifthey did not it would be violating the ordinance if they left it in there. He wondered if it was not the ownership that was more important than who volunteers or is on the board and do they need to control that. Mr. Bednarz stated the City's recently crafted wording for animals assisted therapy was a 0 effort led by the City Attorney to include this health, human service provider based on his Regular Andover Planning and Zoning Commission Meeting Minutes -January 12,2010 Page 4 0 research on that topic and thought at the Council meeting where the City Attorney is present that question could be more fully answered at that time. Commission Holthus asked if for condition number four relating to the number and types of animals used in the program shall not exceed current City Ordinances. Mr. Bednarz stated a concern there would be the table that allows the number of animals allowed on the property is currently at 42 equines and thought a program of that size, the City would probably want to regulate it a little more closely. Chairperson Daninger stated what he was looking at was an annual review in regards to hours of operation. Commissioner Holthus stated she was not concerned with the number of animals, hours of operation, or one on one activity and the applicants do seem to know what they are doing and how to service those kids. She was not against having it in the conditional use permit exactly the way it was already designed. She thought they could state in the CUP they keep the numbers the same as they currently are with an annual review. Motion by Kirchoff, seconded by Falk to recommend to the City Council approval of Resolution No. _, with an annual review and eleven therapy animals with hours of operation not later than 7:00 p.m. or earlier than 7:00 a.m. Motion carried on a 6-ayes, 0- 0 nays, I-absent (Casey) vote. Ms. Perera stated that this item would be before the Council at the January 19,2010 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR EXTERIOR STORAGE OF COMMERCIAL VEHICLES AND OTHER STORAGE ITEMS. Ms. Perera noted currently it is in violation of the City Code to park a commercial vehicle in the driveway or to keep a commercial vehicle in excess of 12,000 pounds in the garage of a property. It is also a violation to store a vehicle longer than twenty feet (20') in length in the rear yard of the property. Recently a few residents have questioned the intent and language ofthe City Code in regards to these situations. The City Council has since discussed both situations and has directed staff to prepare draft amendments for each, which brings this discussion to the Planning and Zoning Commission. Ms. Perera reviewed the staff report with the Commission. Motion by Falk, seconded by Kirchoff, to open the public hearing. Motion can-ied on a 6-ayes,0-nays, I-absent (Casey) vote. 0 Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 5 0 Mr. Carroll Abbott, 2917 142nd Avenue, stated his concern was with the newspaper article in the StarTribune regarding this. He explained some of his concerns with the site lines and property values in the community. He stated in regards to the parking of commercial vehicles, in this economy what are people going to do if they cannot park their work vehicle in their driveway or run their business from their homes. He explained that people can park their vehicles in storage lots but his experiences with storing commercial and recreational vehicles in storage lots is that vehicles get broken into. He would not recommend a storage lot for any of these vehicles. He wondered what kind of security the storage lot would have. Chairperson Daninger reviewed what Mr. Abbott was trying to get at and indicated Mr. Abbott was against not allowing commercial vehicles to park in driveways. Mr. Bednarz reviewed the intent ofthis item. Mr. Abbott stated other cities allow commercial vehicles to be parked in their driveways. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Kirchoff asked where the proposed change of forty feet came about for RV's. Ms. Perera explained that a lot ofRV's are longer than twenty feet and typically C exceed 32 plus feet. Chairperson Daninger asked for a definition of screening. Mr. Bedna~z did not think from the Council discussion this was defined and that there is screening described in the ordinances currently, which can be used. The Commission did not have a problem with commercial vehicles being parked on a driveway. Commissioner Holthus thought it needed to have current plates and be operational. Mr. Bednarz stated the Commission needed to find out at what point a commercial vehicle becomes unacceptable. The Commission needs to review this also. Staff reviewed with the Commission the items that they needed to review and decide what size and type of commercial/recreational vehicle would be acceptable and allowed in the City. Commissioner Cleveland asked ifforty feet would cover the types of vehicles people would normally have. Mr. Bednarz thought it would. Chair Daninger indicated the picture of the van was accepted by the Commission as what they would like to allow. They did not have a problem with signage on the side of Q vehicles. Regular Andover Planning and Zoning Commission Meeting Minutes - January 12, 2010 Page 6 0 Commissioner Walton stated he wanted to make sure that two thousand pound, (one ton) vehicles were not the cap they wanted. Chairperson Daninger did not think they agreed on weight and would go back to staff for further research regarding weight. Chairperson Daninger reviewed item two with the Commission. He asked if the Commission agreed with the change to forty feet. The Commission agreed. Chairperson Daninger asked what types should be allowed. Ms. Perera gave examples to the Commission regarding this. The Commission felt the maximum length should be kept at forty feet. The Commission decided to continue to review this item to the next meeting. Motion by Kirchoff, seconded by Kirchoff to reopen the public hearing. Motion can-ied on a 6-ayes, O-nays, I-absent (Casey) vote. Motion by Walton, seconded by Falk, to continue the Public Hearing to the next Planning Commission meeting. Motion can-ied on a 6-ayes, O-nays, I-absent (Casey) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT 09-11 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC IN HIDDEN 0 CREEK NORTH PARK LOCATED AT 2620 BUNKER LAKE BOULEVARD NW Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless internet antenna array within Hidden Creek North Park. A conditional use permit is required to locate antenna above 35 feet in height. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. Commissioner Kirchoff asked what the Park Commission feelings were on this. Mr. Bednarz stated the Park Commission will review this at their next meeting. He stated the intent of the Planning Commission was to have a public hearing and weigh in on the review criteria for the CUP. Commissioner Holthus agreed with staff that this is probably not the best location for the tower. She thought the Park Commission should recQmmend where the tower should be placed. Commissioner Walton asked ifthere was a tornado siren pole in the park. Mr. Bednarz indicated there was not. Motion by Falk, seconded by Kirchoff, to open the public hearing. Motion can-ied on a 6-ayes, O-nays, I-absent (Casey) vote. 0 Regular Andover Planning and Zoning Commission Meeting Minutes -January 12, 2010 Page 7 0 Mr. John Lexxon, 13564 Hidden Creek Drive, stated where they are proposing to place the tower is the actual focal point of the park where people meet and kids play. He could not believe there is not a better location for this. He stated he was against putting this type of equipment in a public park. Ms. Patricia Grayheck, 13678 Yulmn Street, stated when they moved to Andover the big selling point in that area was all the utilities were placed under ground and nothing to look at but beauty. She stated there are people there at all times of the year and she stated she cannot see this happening. She asked, for the children, please put this somewhere else. Mr. John Stinson, 2551 136th Avenue, stated he lives in the southeast corner of the park and agreed with the other residents. He has seen kids play in the park all the time and he would not want to see the tower come down with a lot of kids playing in the park. He stated they will also have to put underground electricity to the tower and will that cost money to the residents to place it underground. Chairperson Daninger indicated it would not be a cost to the City or residents. Mr. Stinson thought the tower could be placed in the landfill area because it is not being used for anything. It was noted that nothing could be placed in the landfill area. 0 Ms. Susan Wince, 13684 Yukon, stated they live right by the park and bring their daughter to the park all the time. She did not want this in her neighborhood, backyard or the parle She stated this would be an eyesore and would not be safe with children in the area. Mr. Lexxon asked what kind of tower is this. He wondered ifthere will be microwave emissions and possibly dangerous. Ms. Grayheck stated children do fly kites and other toys in the park and if a tower were placed in the park people would not use the park anymore. Chairperson Daninger noted the Commission received a letter from Renee Hinnenkamp, who was not in favor of the tower. Mr. Steve Stalls, Clear Wire, LLC, reviewed the proposal with the Commission. Chairperson Daninger asked what kind of pole this will be. Mr. Stalls stated it will be a monopole and all the antennas will be located inside the tower. Chairperson Daninger asked if Mr. Stalls was qualified as to concerns with it in case it falls and how it falls. Mr. Stalls stated the monopole itself is designed to collapse upon itself in half the distance. In regard to property line setbacks it is well within the full height of the tower. He stated they have discussed other areas in the park where the tower could be placed and 0 would be willing to put a siren on the tower and is flexible as long as the tower is to remain in the park itself. Regular Andover Planning and Zoning Commission Meeting Minutes -January 12,2010 Page 8 0 Chairperson Daninger stated there was a question about what was transmitted from the tower. Mr. Stalls stated they operate at 2.4 to 2.6 GHz, which is a very low frequency. He explained what a point to point relay system is. Commissioner Holthus asked if the network would work iflocated outside of Hidden Creek Park. Mr. Stalls stated if this site is not there then the surrounding sites cannot connect or work together. He noted they have done extensive research on this and the park is the area that will work. Commissioner Holthus wondered if another pole by the Fire Station would work because it is new pole with collocation and a new siren on it also. Mr. Stalls stated it would not work based on their research they have tal(en. Commissioner Kirchoff thought it was interesting that they could install lights on the pole. Mr. Stalls stated they could do this to light up a baseball field if the City wanted that. Commissioner Falk asked if they would need to access the monopole by a truck or van. Mr. Stalls stated they would not need to access with a truck; the technician could walk to the site and carry the equipment they would need. 0 Chairperson Daninger asked what the sound emissions would be. Mr. Stalls stated there is virtually no sound being emitted. Chairperson Daninger asked what kind of screening would be needed. Mr. Stalls stated they currently have a six foot fence proposed but could angle the top so a ball would bounce off and come back. Mr. Stalls stated this site will counect to the Coon Rapids site and other sites in Andover. The Commission discussed with Mr. Stalls possible locations for the pole other than the proposed site. Motion by Walton, seconded by Holthus, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Falk asked ifthere were any plans to put up lights at the field. Mr. Bednarz stated he did not think so but it could be discussed 'at the Park Commission. Commissioner Kirchoff wondered ifthere was a possibility of putting this in the parking lot for a light. Commissioner Falk indicated this is higher ground also. Commissioner Cleveland wondered ifthere would be room in the parking lot for a pole. Mr. Bednarz 0 stated the issue is that the park boundaries are somewhat narrowed by the parking lot and Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 9 0 the seventy-five foot tower could fall in a direction that would be outside of the park lines. Mr. Bednarz stated if the Commission is interest in looking at alternate sites, the only spots in the park that are not occupied by park facilities are between the outfield fence and the soccer field. Commissioner Holthus asked ifthere was another area in the vicinity where the tower would be permitted. Mr. Bednarz reviewed the commercial sites with the Commission. Mr. Bednarz noted the revenue from this would go back into the park. Commissioner Kirchoff stated he would like to see what the Park Commission decides regarding this because they may be able to find a better place for this. He would like to table this to see what the Park Commission says. Commissioner Walton stated he sympathized with everyone that lived around this park. He indicated they needed to find a place for this and make it fit. He was concurring about tabling to hear what the Park Commission wants to do. He noted there is a spot on here near Outlot A that might work. 0 Chairperson Daninger asked if the Commission wanted the tower in the park and if so, where would they like it. Commissioner Cleveland stated he would like it in the park but someplace else in the park. Commissioner Holthus stated she did not have a problem with it being in the park but would like to hear from the Park Commission to see what they would want. The rest of the Commission concurred. Chairperson Daninger stated he did not like that spot and felt there was another spot that this tower could go outside ofthe parle Commissioner Holthus stated she saw Hidden Creek Park as being on Andover's main street and was apprehensive about having the tower in Hidden Creek Park. Chairperson Daninger asked ifthe Commission was ok with the seventy-five feet. Commissioner Cleveland thought it was too tall. Motion by Walton, seconded by Falk, to approve the request for a tower in Hidden Creek Park subject to better location and input from the Park Commission and allowing the variance of seventy-five feet. Motion carried on a 5-ayes, I-nays (Daninger), I-absent (Casey) vote. 0 Mr. Bednarz stated that this item would be before the Park and Recreation Commission at the January 21, 2010 meeting. Regular Andover Planning and Zoning Commission Meeting Minutes - January 12, 2010 Page 10 0 PUBLIC HEARING: CONDITIONAL USE PERMIT 10-05 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 14057 ROSE STREET NW Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a wireless internet antenna an-ay at the top of a city water tower located on this city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Falk asked if Clear Wireless will need access to the inside of the tower. Mr. Bednarz stated they will need access occasionally and will be required to notify the City when access is needed. Motion by Walton, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, O-nays, I-absent (Casey) vote. Mr. Dale Rungie, 14026 Rose Street NW, asked if there will there be interference with 0 his existing internet and is there also any health hazards associated with this tower. He also wondered if the residents would be getting revenue from this. Chairperson Daninger stated the representative will answer his questions but the residents would not get revenue from this, the City will generate revenue to be used within the park. Mr. Dave Hagen, representing Clear Wireless, LLC, stated they do have five sites plarmed for Andover to provide coverage to the community. They have some sites outside of Andover, which will also provide coverage to parts ofthe City as well. He noted this will not interfere with other interest services. Motion by Walton, seconded by Falk, to close the public hearing. Motion carried on a 6- ayes, O-nays, I-absent (Casey) vote. Motion by Falk, seconded by Kirchoff, to recommend approval ofthe Conditional Use Permit request. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Park Commission at the January 21,2010 meeting. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 12, 2010 Page 11 0 PUBLIC HEARING: CONDITIONAL USE PERMIT 10-04 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides ofthe city water tower located adjacent to City Hall. A conditional use permit is required to locate antenna above 35 feet in height. The water tower is 166 feet tall. Mr. Bednarz reviewed the information with the Commission. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 6- ayes, O-nays, I-absent (Casey) vote. Mr. Dave Hagen stated this item is similar to the one just discussed and was available to answer questions. Chairperson Daninger asked if the anteunas on the lower unit be painted to match the water tower. Mr. Hagen stated they would be. Chairperson Daninger asked why they were going to use split antennas. Mr. Hagen 0 stated they did want more height with the microwave dish anteuna above the tower. They needed more height with the point to point network. He stated they needed to be lower with the coverage antennas to reach the homes and businesses that will actually use the serVIce. Commissioner Falk asked ifthis antenna will talk to the one in the park. Mr. Hagen was not sure but he thought it would. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Motion by Kirchoff, seconded by Walton, to make a recommendation of approval to the City Council on the Conditional Use Permit. Motion can-ied on a 6ayes, O-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the February 3, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - January 12, 2010 Page 12 0 ADJOURNMENT. Motion by Kirchoff, seconded by Falk, to adjourn the meeting at 9: 18 p.m. Motion can-ied on a 6-ayes, O-nays, I-absent (Casey) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. C 0