HomeMy WebLinkAboutItem 06.wt ville
December 11, 2013
Item No.
DAKOTA ELECTRIC ASSOCIATION INTERIM USE PERMIT
DECEMBER 16, 2013 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the DEA interim use
permit and adopt the findings of fact dated December 16 2013
Adoption of this motion will allow an antenna and tower up to 80 feet in height on the DEA
substation property located at 20685 Kenrick Avenue.
Overview
Craig Knudsen of Dakota Electric Association has submitted an application for an interim use
permit to install an accessory antenna and support tower that would be constructed to a
height of 80 feet, 30 feet greater than the 50 foot height allowed by the Zoning Ordinance in
the C -3 District without the approval of an interim use permit. DEA has requested the higher
antenna and tower to provide a clear line of sight between the antenna and DEA's
headquarters in Farmington. Currently the line of sight path from the existing 55 foot tower
is blocked more than 50%
The Planning Commission held a public hearing and unanimously recommended approval of
the interim use permit at their December 5, 2013 meeting subject to two stipulations. There
was no public comment.
Primary Issues to Consider
When will this interim use permit expire?
0 Stipulation two recommends that the interim use permit expire when the accessory
antenna and tower is no longer needed for the operations of the Dakota Electric
Association substation or their successors.
Supporting Information
• Interim Use Permit Form.
• Findings of fact.
• December 5, 2013 Planning Commission draft meeting minutes.
• November 26, 2013 planning report.
Kris Jenson, sociate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
INTERIM USE PERMIT NO. 13-
1. Permit Subject to the terms and conditions set forth herein, the City of Lakeville
approves an interim use permit for Dakota Electric Association to allow the construction
of an antenna and tower taller than 50 feet in the C -3, General Commercial District on
property located at 20685 Kenrick Avenue.
2. Pro e . The permit is for the following described property located in the City of
Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, Lakeville Commerce Center East
3. Conditions The permit is issued subject to the following conditions:
a) The antenna and tower shall not exceed 80 feet in height.
b) 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.
4. Termination of Permit The City may revoke the permit following a public hearing
for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this interim use permit the antenna and
tower has not been constructed, this permit shall lapse.
6. Criminal Penalty Violation of the terms of this interim use permit is a criminal
misdemeanor.
DATED: December 16, 2013
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
NW
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
COUNTY OF DAKOTA )
The following instrument was acknowledged before me this 16 day of December, 2013,
by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
(SEAL)
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
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. The City Council hereby adopts the following:
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
official 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 tower's 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.
DATED: December 16, 2013
CITY OF LAKEVILLE
M
Matt Little, Mayor
in
Charlene Friedges, City Clerk
E
Planning Commission Meeting Minutes, December 5, 2013
Page 3
otion was made by Maguire, seconded by Blee to recommend to City Council
app val of the Helman Conditional Use Permit to allow more than one detached
access building and a total accessory building area greater than 1,100 square
feet in the -3, Single Family Residential District, located at 10747 — 202 " Street,
subject to the wing 4 stipulations:
1. No part of the deta d accessory buildings shall be used for all or a portion of a
home occupation, for c mercial activities or for commercial storage, dwelling
purposes, guest room or fo y other overnight accommodations.
2. The detached accessory buil ' s shall be maintained in a manner that is
compatible with the adjacent resid iai uses and not present a hazard to
public health, safety and general welfar
3. The detached accessory building shall ha tFi double overhead garage door
removed and replaced by a window and wal door consistent with the house
under construction as shown on the building elevati and fIoo� plans. A building
permit is required for this work.
4. That the impervious surface area of' existingtirivew be reduced to be
consistent with the certificate of survey:::datect;'�4ugust 5, 3 and revised
November 5, 2013.
Ayes: Maguire, Boerschel, Lilldh6i, Mee, Grenk Swenson
6. Dakota Electric Association
Chair Lillehei opened the public
Electric Association for an
greater than 50 fieet he
20685 Kenrick Avenue ".;,- .
Craig'--Knudsen fr&m. Dak
request. Mr. Knudsen s
wliereby this antenna`- - i
hearing to consider the application of Dakota
Use Permit (IUP) to allow an accessory antenna
he, eneral Commercial District, located at
ita Electric Association presented an overview of their
ited: that in the future DEA is planning for fiber optics
Id become a backup for their communication
Associate 'Planner KH' "Jenson presented the planning report. Ms. Jenson stated
that Dakota 'El ectric.'Association is requesting approval to replace an accessory
antenna and support tower that would be constructed to a height of 80 feet, which is
30 feet greater than allowed by the Zoning Ordinance without the approval of an
IUP.
Ms. Jenson stated that the proposed accessory antenna will replace the existing 55
foot tower and be placed in the same location. She indicated that the 80 foot
antenna height is the minimum height necessary to maintain a clear line of sight to
the DEA headquarters in Farmington. The applicant's narrative states that the
substation communicates with the DEA headquarters via radio, which should have a
Planning Commission Meeting Minutes, December 5, 2013 Page 4
clear line -of -sight for a quality link. Currently, that path is more than 50% blocked by
ground terrain and obstacles.
Ms. Jenson reviewed the interim use permit criteria in the Zoning Ordinance, which
is listed in the November 26, 2013 planning report.
Ms. Jenson stated that Planning Department staff recommends approval of the
interim use permit subject to the 2 stipulations listed in the November 26, 2013
planning report. Findings of Fact were included in the planning report for review.
Chair Lillehei opened the hearing to the public for comment::
There were no comments from the audience.
Motion was made by Blee, seconded by Boerschel to closethe public hearing
at 6:19 p.m.
Ayes: Boerschel, Lillehei, Blee, Grenz Swenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the:"- Planning Commission. Discussion
points included:
• Commissioner Grenz felt : maintaining a- `clear line of sight with the
communications. tower is imperative - , :with bad weather for the safety of the
public so he supports this request.,.:.;;,.''
• Commissioner-" Blee "asked Mr:'Knudsen how DEA determines the minimum
height needed for the"antenna.' Chair Lillehei added to that by asking what
the process would be: to determirid"4he height of the antenna. Mr. Knudsen
indicated "that DEA- :has -'1"% a _ systems engineer that evaluates their
communication'.needs. There are a number of ways that DEA communicates
`with r::substat ons. The engineer has a number of different tools he uses
:. - including - scftware�' to. evaluate the substation communications. He stated
_ their engineer is confident that this 80 foot antenna will function for DEA in the
Iona term andA a does riot anticipate that DEA would have to increase the
- height.
Motion was:made by5wenson, seconded by Boerschel to recommend to City
Council approval of: =the Dakota Electric Association Interim Use Permit to allow an
accessory antenna' "greater than 50 feet in height in the C -3, General Commercial
District, located at 20685 Kenrick Avenue, subject to the following 2 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.
Ayes: Lillehei, Blee, Grenz, Swenson, Maguire, Boerschel
Nays: 0
Lakeville
Memorandum
em No.
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 vnxAd 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 an 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 IDEA
Kenrick Substation or their successors.
Findings of fact are attached for your reference.
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EXHIBIT E
JE�� C
A S S 0 C I A T 1 0 N
Your Touchstone Energy' Partner 0;)�
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 overtime 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
EXHIBIT F
4300 220th Street West Farmington, MN 55024 -9583
1- 800 - 874 -3409 generol:651 -463 -6212 fox: 651-463-6256 www.dakotoelectric.com