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HomeMy WebLinkAboutItem -0506Lakeville Memorandum City of Lakeville Planning Department To: Planning Commission From: Kris Jenson, Associate Planner ; Copy: Craig Knudsen, Dakota Electric Association Date: 26 November, 2013 Subject: Packet Material for the December 5, 2013 Planning Commission Meeting Agenda Item: Dakota Electric Association Interim Use Permit Application Action Deadline: January 11, 2014 INTRODUCTION Craig Knudsen of Dakota Electric Association has submitted an application for an interim use permit for DEA's Kenrick Substation, located at 20685 Kenrick Avenue. The application requests approval to replace an accessory antenna and support tower that would be constructed to a height of 80 feet, 30 feet greater than allowed by the Zoning Ordinance without the approval of an interim use permit. Section 11-30-11 E of the Zoning Ordinance allows accessory antennas and towers to a height of 15 feet above the height restriction for the affected zoning district. A maximum building height of 35 feet is allowed in the C-3 District. The maximum accessory antenna height in the C-3 District is 50 feet unless an interim use permit is approved to exceed that height. The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Street View of Site D. Tower Elevation E. Site Plan F. Applicant Narrative Surrounding Land Uses and Zoning North - Multi -Tenant Retail Building (C-3 District) South - Vacant Land, Park and Ride Lot (C-3 District) East - Vacant Land, Hotel and Restaurant Uses (C-3 District) West - 1-35, Retail Uses (C-3 District) STAFF ANALYSIS Section 11-30-11 allows the use of accessory and secondary use antennas on all properties where antennas are permitted. The proposed accessory antenna will replace the existing 55 foot tower and be placed in the same location. The proposed 80 foot antenna height is the minimum height necessary to maintain a clear line of sight to the DEA headquarters in Farmington as indicated in the applicant's narrative (Exhibit F). Section 11-30-11E of the Zoning Ordinance requires that the applicant demonstrate that the proposed additional tower height is the minimum height required for the antenna to function properly for the applicant's needs. The applicant's narrative states that the substation communicates with the DEA headquarters via radio, which should have a line -of -sight for a quality link. That path is currently more than 50% blocked due to ground terrain and obstacles. Raising the antenna will allow communications to be functional and reliable. Interim Use Permit Criteria. Section 11-5-5 A -F of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of the Zoning Ordinance. Dakota Electric Association's plan for on 80 foot tall antenna and tower meets the requirements of the Zoning Ordinance as outlined in the attached findings of fact B. Conform to the applicable general performance standards of Section 11-4-7 of the Zoning Ordinance. The accessory antenna and tower meets the requirements of Section 11-4-7 of the Zoning Ordinance. C. The use is allowed as an interim use in the respective zoning district. Accessory use antennas are a permitted accessory use in the C-3, General Commercial District. The additional tower height requires an interim use permit. D. The date or event that will terminate the use can be identified with certainty. The interim use permit will terminate when the antenna is no longer in use by the applicant or their successors. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. RECOMMENDATION Planning Department staff recommends approval of the interim use permit for Dakota Electric Association's Kenrick Substation at 20685 Kenrick Avenue for an accessory antenna height greater than 50 feet, subject to the following stipulations: 1. The antenna and tower shall not exceed 80 feet in height. 2. The interim use permit for the 80 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operations of the DEA Kenrick Substation or their successors. Findings of fact are attached for your reference. IffLakevil C-3 1� I I t-I]FV tj WTIF A j ..A 20i 5th Street All 4, A ♦ � k IL C }3 �.. DEA Substation 20685 Kenrick Ave r '1 � � f r, r DEA Kenrick Substation IUP -Antenna Height s h �, EXHIBIT B 3nN3AV >1018N3N Si 31V1SUIN1 EXHIBIT E L!JELECTRIC A S S 0( I A T 1 0 N Your Touchstone Eneryry' Partner ��i A locally owned, nonprofit electric utility November 12, 2013 Frank Dempsey City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55024 An Affirmative Action/Equal Opportunity Employer RE: Kenrick Substation -Lot 1, Block 1, Lakeville Commerce Center East/Interim Use Permit Dear Mr. Dempsey, Please find enclosed an Interim User Permit application for our Kenrick Substation. Dakota Electric Association (DEA) is requesting the permit for the installation of an 80 -foot communication antenna to be placed within the substation fenced area. The proposed antenna will be placed near the center of the substation with a fall zone within the parcel and mostly within the existing fenced area. The Kenrick Substation site has been communicating to Dakota Electric Headquarters via radio since 2003. The radio signal strength was marginal at best, and has slowly degraded over time due to increased interference and elevated noise floor in the area. The radio path should be line -of -sight to be a quality link, but radio planning software shows the radio path to be more than 50% blocked due to ground terrain and obstacles. DEA needs to raise the antenna so that communications to our substation will be operationally functional and reliable. Please feel free to contact me at (651) 463-6332 if you have any questions. Sincerely, Craig E. Knudsen Land Use Manager Enclosure 4300 220th Street West Farmington, MN 55024-9583 EXHIBIT F 1-800-874-3409 general: 651.463.6212 fax: 651-463-6256 www.dakotoelectric.com CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA DAKOTA ELECTRIC ASSOCIATION INTERIM USE PERMIT On December 5, 2013 the Lakeville Planning Commission met at its regularly scheduled meeting to consider an Interim Use Permit to allow an accessory antenna and tower to be constructed to a height of 80 feet. The property is located at 20685 Kenrick Avenue. The Planning Commission conducted a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is zoned C-3, General Commercial District. 2. The property is located in Comprehensive Planning District No. 6, which guides the property for Commercial uses. 3. The legal description of the property is: Lot 1, Block 1, Lakeville Commerce Center East 4. Section 11-5-3 of the City of Lakeville Zoning Ordinance provides that an interim use permit shall comply with the same criteria as a conditional use permit. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the offk-AW City Comprehensive Plan. The proposed accessory antenna and tower is consistent with the policies and provisions of Planning District 6 of the Comprehensive Land Use Plan for commercial land uses b) The proposed use will be compatible with future land uses of the area. The proposed accessory antenna and tower will be compatible with existing commercial land uses in the area given the towers proximity to other properties in the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed accessory antenna and tower will meet all performance standards set forth in the Zoning Ordinance given conformance with the stipulations listed in the Interim Use Permit. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed accessory antenna and tower will not impact existing public services. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed accessory antenna and tower will not impact traffic on existing public streets 5. The planning report dated November 26, 2013 prepared by Kris Jenson, Associate Planner is incorporated herein. K