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HomeMy WebLinkAboutAugust 9, 2005 : ) 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 August 9, 2005 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes - July 26, 2005. 3. PUBLIC HEARING: Zoning Ordinance Update amending various sections of the City Code including: / A. City Code 12-13 1 B Animals (continued) B. City Code 9-9-11 Housing Maintenance (continued) C. City Code 12-8-7B.3 Bulk Fuel (continued) D. City Code 12-4-5 Encroachments E. City Code 6-4 Snowmobiles and All Terrain Vehicles (concerning dirt bikes) F. City Code 12-13 Permitted, Conditional And Prohibited Uses Enumerated (concerning crematoriums) 4. WORK SESSION: Transitional Commercia1lIndustrial Land Use District Study 5. Other Business 6. Adjournment \ j '\ CITY OF NDOVE " 0(\ J... t , -:t.. Q./.l--" ~v~ UfU.tun r;{ ~ G\3 -05 / 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 - AUGUST 9,2005 The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 9, 2005, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Dean Vatne, Jonathan Jasper, Michael Casey and Valene Holthus. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others '. ; APPROVAL OF MINUTES. July 26, 2005 Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-present (Kirchoff), O-absent vote. PUBLIC HEARING: ZONING ORDINANCE UPDATE AMENDING VARIOUS SECTIONS OF THE CITY CODE. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the items that have been discussed through the Zoning Ordinance Update. Motion by Greenwald, seconded by Kirchoff, to open the public hearing at 7:02 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. '\ I Ms. Sylvia Munson asked what has changed in the Snowmobiles and All Terrain Vehides. Mr. Cross reviewed the changes that have happened to the Code since it was first reviewed by the Planning Commission. Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 2 Ms. Munson stated her problem was with noise and she wondered if there was anything that could be done for that. She did not think this Code mentioned noise. She thought they should look at the noise factor. She thought the vehicles were meant for trails and not a city lot. Commissioner Jasper stated there was significant discussion regarding Andover having a noise ordinance. Ms. Munson stated this did not help her with the noise on weekends because there is no one on staff that could test the noise. Mr. Bednarz stated on the weekend the Sheriff is equipped to deal with this and should be notified. Ms. Munson indicated she had contacted the Sheriffs office and received mixed information. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:07 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Holthus indicated she had a little change under Animals on page two, she did not know they were taking off the words "or others" because there are Lamas and Alpacas in the City and if they take off the words "or others" they are excluding those animals so she thought they should add the animals to the list or add the words "or others" to include them. \ / Commissioner Jasper stated the reason "or others" was stricken was because the term was too vague. He wondered if those two types of animals were considered Pleasure/recreational or farm animals. He indicated he did not have a problem adding those two to the list. Commissioner Vatne stated under pleasure/recreation, those animals are typically animals that are ridden. He thought they might fit better under farm animals. Chairperson Daninger asked if Commissioner Holthus would be ok with moving the animals to Farm Animals. Commissioner Holthus stated that was fine. Commissioner Kirchoff wondered if there would be more restrictions with farm animals and would that restrict where they would be able to live in the City. Mr. Bednarz stated farm animals pertains more to acreage as restrictions. Commissioner Jasper stated he would like to comment on a change on page 21 made by the Council to add D.3. small (20-30 lb) propane tanks used on barbecue grills. He stated this was not intended to regulate in any way tanks ofless than 1,000 pounds and he thought this would make this ordinance ambiguous. \ / Commissioner Holthus wondered on page 6, she wondered under dwelling if they should change the wording to read" A building of one more portions there of occupied" instead of "or". Mr. Vrchota indicated the Section is intended to read as it is written. Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 3 Commissioner Holthus stated on page nine they have "see Storage and Disposal of Garbage and Refuse"; she wondered if they were going to add "one time per week" at the end of the sentence. Mr. Vrchota stated this was already listed in another part of the code and instead of repeating this they would leave it where it was. Commissioner Holthus stated on page 17, paragraph B, last sentence, she wondered what the sentence meant. Mr. Vrchota stated this would be a vacant dwelling that is unsecured so people can come and go as they please. Commissioner Jasper stated on page 6, Dwelling, they talked about "one or more portions thereof', that phrase should be within commas. Chairperson Daninger stated they needed to make a determination on where Llamas and Alpacas should be listed in the Code. Commissioner Holthus thought Llamas and Alpacas should be added to Animals: PleasurelRecreational. Commissioner Kirchoff agreed. Commissioner Kirchoff wondered if they were limiting the number of these animals. Mr. Bednarz stated they are limited by the definition of what they are. The number of animals you can have is different if it is considered a farm animal compared to pleasure/recreational. Commissioner Jasper stated he was more comfortable with these animals being kept as farm animals because he thought they were more for production. A resident came forward and requested the Public Hearing be reopened because he arrived late and did not have a chance to speak and would like to address the issue of Llamas and Alpacas. The Commission agreed to reopen the Public Hearing. Motion by Greenwald, seconded by Vatne to reopen the public hearing at 7:24 p.m. Motion carried unanimously. Mr. Don Eveland, 2575 Andover Boulevard, made a presentation to the Commission regarding Llamas and Alpacas. Mr. Eveland did not understand the reasoning for the restrictions on the number of animals allowed on farms. He indicated he already had more than twenty animals on his farmland. He noted there was a big difference between types of animals and the impact they would have on the property. Motion by Greenwald, seconded by Casey, to close the public hearing at 7:31 p.m. Motion carried unanimously. Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 4 Commissioner Greenwald stated when they were discussing this previously he asked how many farms are bigger than twenty acres in Andover and staff gave them a rough idea and then he was never comfortable with that restriction, but he was on a Board that tries to have some sort of consensus. He thought they needed to state there is a fee for a Conditional Use Permit (CUP). He asked staff what the cost was for a CUP. Mr. Bednarz stated a CUP process requires an application with a summary of the site with the operation as proposed. It begins with a public hearing at the Planning Commission level and the cost is approximately $350.00 per CUP. The CUP applies to a lot of uses in town that may have adverse affects on surrounding properties if they are not conducted in a manner to prevent that and that is why a CUP exists is so reasonable conditions can be placed on an operation to prevent that from happening. Commissioner Greenwald wondered how long does a CUP exist and how people are grandfathered in. Mr. Bednarz stated operations that are there today will continue and this ordinance would not affect existing operations until they want to expand those operations. A CUP can be limited to a certain period oftime, can be reviewed yearly, or can otherwise be limited with specific conditions. He indicated a CUP traditionally runs with the property and continue over long periods of time unless there are adverse effects on other properties that cause it to be reviewed. Commissioner Greenwald wondered if there suddenly were more animals due to nature, would the person have to get a CUP for the additional animal. Chairperson Daninger noted they reviewed this item thoroughly previously and thought what they came up with was fair and in good intention. Commissioner Jasper stated the reason for the CUP is to make sure that there are reasonable accommodations and also reasonable restrictions on someone. Some of the Commissioners thought Llamas and Alpacas should be added to pleasure/recreational animals. Commissioner Jasper thought it belonged in farm animals but would agree to add them to pleasure/recreational animals. Commissioner Vatne indicated he still felt comfortable with the twenty animals but to go further into detail, they could split the type of animal into size or type. He did not want to do this but it could be done. Chairperson Daninger stated regarding the noise issue, they discussed the noise ordinance in depth and the avenues to enforce it are difficult but they tried to put a little more restrictions on it to help at least a little bit. Commissioner Greenwald stated the noise ordinance is not specific to the snowmobile and all terrain vehicle code and could pertain to other machines. Regular Andover Planning and Zoning Commission Meeting Minutes -August 9,2005 Page 5 \ / Motion by Kirchoff, seconded by Casey, to recommend to the City Council the recommendations of the ordinances discussed as amended and discussed with the two changes. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 6, 2005 City Council meeting. WORKSESSION: TRANSITIONAL COMMERCIAIANDUSTRIAL LAND USE DISTRICT STUDY Mr. Bednarz stated the Council has asked the Planning Commission to conduct a study of this land use district to determine whether changes to the Land Use Map are warranted. One of the concerns expressed by the Council is the broad defInition of this district and the potential for incompatible land uses. Mr. Bednarz discussed the information with the Commission. Mr. Stan Carlson, 680 Constance Boulevard, stated he would rather have the defInition left as it is if possible. \ / Mr. Doug Meister, 541 Andover Boulevard, stated he is in agreement with Mr. Carlson and he did not see anything wrong with this. He stated that by changing the ordinances, it seemed to him that the City would be getting more control of their property in order to dictate what could eventually go in to the site. He stated this is not necessary because proposals would need to be reviewed by the Commission and Council anyway. Mis. Judy Carlson, 680 Constance Boulevard, stated she would like this to be changed and would like their property to be residential and not transitional. Mr. Carlson stated one of his wife's fears is what the City can do with their property since it has the connotation of being commercial/transitional. The way he understands it is that this is just a possibility that if they sell, it could be used as transitional. Mr. Dean Hunter, 2856 Bunker Lake Blvd. NW, wondered if this goes through, can you no longer put residential on the property. Chairperson Daninger stated they can still put residential on the property but this allows more options. Commissioner Jasper stated the way it reads now is they have residential and a wide option of commercial options there. The proposals they are seeing would still allow residential but limited commercial options. He did not think it was being proposed that the residential option be removed. .I Commissioner Kirchoff thought they were deciding if they wanted to eliminate industrial from the defInition. Mr. Bednarz stated that was correct. Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 6 Mr. Meister stated he has a problem with limiting the property owners' use of his property in the future. He thought having options was good and by changing this they are allowing the City to decide what the property will be allowed to have in the future. Commissioner Holthus asked for a clarification between land use and zoning. Mr. Bednarz clarified the two for the residents and Commission. Chairperson Daninger wondered when the properties changed to this designation. Mr. Bednarz stated this designation was officially adopted with the City's Comprehensive Plan update in December 2001. A lot of the discussion began in 1998 with the entire Compo Plan. Commissioner Greenwald thought this discussion came up with the Crooked Lake/Bunker issue they reviewed a month ago. He stated it was his opinion that he has not seen significant changes in these four areas other than the Constance/Crosstown area. He thought it was good to discuss but did not see a need for the change right now. He stated each area was unique and thought each area should be looked at further individually. Commissioner Greenwald thought the two he saw significant change with was the Crooked Lake/Bunker area and the one on Crosstown/Constance. I Chairperson Daninger thought it was interesting that four meetings ago, they had a room full of people concerned with what was going in at Crooked Lake and Bunker and wishing for a change and tonight there are a handful of people at the meeting who do not want to change the designations. Commissioner Holthus stated she was curious about how other cities handled transitional areas, if they even had any, so she did some research and found that most cities reviewed do not have transitional uses. She showed surrounding areas zoning maps to the Commission. Commissioner Holthus wondered why they even have transitional uses in the City. Chairperson Daninger stated if they took the designation away, should it go back to what it was previously. Commissioner Holthus wondered what the logic was for this type of designation in the areas. Was it to spur commercial development in those areas. Mr. Bednarz stated if the motives were that precise, they were not reflected in the discussion when this district was created. He believed that the location of undeveloped property near the intersection of County roads was a significant factor. Commissioner Jasper thought this was much ado about nothing. This is a Compo Plan designation. The sites are all zoned residential. If someone wants to do a commercial or Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 7 J industrial project, they must first meet the standards for rezoning and then approval for the business or the development. He thought whatever protections they need are there without making a change. He agreed with the residents and did not think they should change anything. Commissioner Greenwald agreed they should leave these alone but thought they should have discussions on each area individually because each one is unique. Chairperson Daninger stated according to their notes, option one on all of them is to make no changes at this time. The action requested is to discuss the information and take input from residents and determine if there needed to be a change to the Compo Plan and if so a public hearing will follow. He wondered if there was a consensus to leave these alone. Commissioner Vatne concurred with staff to remove the light industrial. He stated he has concerns about one of the two light industrial districts they have because they have set up the Rural Reserve with upcoming residential development which is going to be adjacent to it and he did not think that was an appropriate way to layout the plans of the City. He stated three of the four sites have residential up against them. He stated light industrial with residential does not seem like an appropriate use to him. , J Chairperson Daninger concurred with Commissioner Vatne. He thought this was more area specific. Commissioner Greenwald thought they should have a public hearing and then determine if it needed to be changed. Consensus ofthe Commission was to recommend changing the definition based on discussion in order to have a public hearing. OTHER BUSINESS. A. Further Review of Revision #37 and #48 Concerning Home Occupations This particular section has been in conflict with 12-14-lOC.3, 4 & 5 and staff would like it to be consistent. The proposed change is to move 12-6-6A to become 12-14-lOC.2.C and eliminate 12-6-6 and 12-14-lOC.5. Mr. Bednarz reviewed the City Council concerns and questions with the Commission. " Commissioner Vatne wondered how you control what a garage can be used for. He wondered if this had an impact on what they decide and recommend. He thought it did. They are going into some very grey areas on what people use their homes for. He stated more people are using their homes for business these days and this is going to become , / Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 8 more of what people are doing so he had concerns with putting control on what can be done. Commissioner Kirchoff concurred because there are so many things being done in a home and he did not know what was wrong with that. He indicated people cannot park their cars in the garages that have a lot stuff in their garage that is not business related so he did not know what the difference is. Commissioner Greenwald wondered if there have been many calls regarding home based businesses. Mr. Cross stated they do not get many complaints but they do get a lot of calls about what the Code is in regards to home based businesses. Mr. Vrchota stated the most common complaints they get are when a contractor has a home office that evolves into equipment storage, employee parking, etc. outside the home. Chairperson Daninger stated if there is a lot of equipment outside, the resident can call in and complain. Mr. Vrchota stated a pick up and trailer is one thing but if there is a lot of work related equipment in the yard or driveway, the City can control this and stop it if needed. Commissioner Holthus wondered how UPS could deliver to the same house more than once a day. She thought they had a route they went on. The Commission thought it may / have been other delivery services besides UPS. Commissioner Greenwald did not think they should anything unless there have been a lot of complaints from residents. The Commission concurred they were comfortable with the code the way it was and did not need to be changed. Mr. Bednarz updated the Planning Commission on related items. The Commission discussed access to the Community Center from Hanson Boulevard. ADJOURNMENT. Motion by Vatne, seconded by Casey, to adjourn the meeting at 9:00 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. "