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HomeMy WebLinkAbout10-02-14CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 2, 2014 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Brooks Lillehei, Vice Chair Bob Boerschel, Karl Drotning, Pat Kaluza, Joe Blee, ex -officio member Nic Stevens Members Absent: Jason Swenson, Paul Reuvers, Linda Maguire Others Present: Daryl Morey, Planning Director; David Olson, Community and Economic Development Director; and Penny Brevig, Recording Secretary 2. Pat Kaluza was sworn in by Recording Secretary (and notary) Penny Brevig as a Planning Commission member at tonight's meeting. Chair Lillehei congratulated and welcomed Commissioner Kaluza. 3. Approval of the Meeting Minutes The September 18, 2014 Planning Commission meeting minutes were approved as presented. The September 18, 2014 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the following item was distributed to the Planning Commission prior to tonight's meeting. • Amended Resolution for Agenda Item 6, TIF District No. 19 Mr. Morey welcomed Pat Kaluza to the Planning Commission and reminded the Planning Commission that the October 16th Planning Commission meeting has been rescheduled to October 23rd 5. Proposed Tax Increment Financing (TIF) District No. 19 Chair Lillehei opened discussion on a resolution finding that the TIF District No. 19 Financing Plan is consistent with the Comprehensive Plan of the City of Lakeville. Community and Economic Development Director David Olson presented the staff report. Mr. Olson stated that recently BTD contacted the City and presented plans for a 200,000 square foot expansion of the Fulford Group Warehouse building located at 21350 Cedar Avenue. He indicated that BTD has submitted a request for Planning Commission Meeting Minutes, October 2, 2014 Page 2 Tax Increment Financing (TIF) to assist in the $4,347,147 TIF eligible project costs associated with the project. Mr. Olson stated that BTD will retain their existing 215 employees in Lakeville, with the proposed expansion creating an additional 100 jobs. Mr. Olson indicated that the City Council reviewed this proposed TIF project at their September 15, 2014 work session and the EDC reviewed this proposed TIF project at their August 26, 2014 meeting and both recommended proceeding with the necessary steps to create a new TIF District for the project. Mr. Olson stated that only the improvements associated with expansion can be captured in the TIF District. TIF cannot be used for building construction, but it can be used for upfront items such as property acquisition, utilities, site grading, etc. State Statutes require that the City prepare a TIF Plan, which was prepared by Springsted Inc. and is attached to Mr. Olson's staff report. Mr. Olson stated that a preliminary plat, rezoning, and comprehensive plan amendment will be scheduled for a Planning Commission meeting in the near future. He indicated that staff recommends approval of the proposed TIF District No. 19 resolution. Mr. Olson indicated that an amended red -lined resolution was distributed at tonight's meeting, taking into account Chair Lillehei's comments to staff earlier today. Mr. Olson presented a short Power Point on BTD which explained BTD's background, what they do, what products they make and for which companies they make them for. Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning indicated that the BTD expansion project is what a TIF District is meant for. The proposed project will expand the City's tax base. He stated that this is one of the few financing tools that our community has to attract businesses. Motion was made by, Drotning, seconded by Blee to recommend adoption of the resolution recommending to the City Council that the Tax Increment Financing Plan for Tax Increment Financing District No. 19 is consistent with the City's Comprehensive Plan contingent on the approval of a Comprehensive Plan Amendment guiding the land use of the property to Industrial and rezoning the property to 1-2, General Industrial District. Ayes: Blee, Boerschel, Lillehei, Kaluza, Drotning Nays: 0 Planning Commission Meeting Minutes, October 2, 2014 Page 3 6. Verizon Wireless Chair Lillehei opened the public hearing to consider the application of Verizon Wireless for a Conditional Use Permit to allow the construction of a 75 foot tall personal wireless service tower and antenna at Lakeview Bank, 9725 —163rd Street. Rob Viera, representing Verizon Wireless presented a brief overview of their request. He stated that the goal of erecting this tower is to improve the coverage for their customers. He indicated that the equipment for the tower will be in the basement of Lakeview Bank. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Verizon Wireless has submitted an application and plans for a CUP to allow a 60 foot tall personal wireless service (cell phone) antenna and tower. The tower would have the capability to extend to 75 feet in the future to accommodate co -location of one additional personal wireless service carrier antenna as required by the Zoning Ordinance. He indicated that a tower over 75 feet in height would require an Interim Use Permit. Mr. Morey stated that the proposed tower and antenna would be located in the vicinity of the existing flag pole northwest of the Lakeview Bank building. The existing flag pole will be removed when the new tower and antenna is installed. He indicated that the antenna is designed to be "stealth", meaning the antenna equipment will be located inside the hollow tower, with the mechanical equipment for the wireless service being located inside the bank building. The antenna tower will be designed so a flag can be raised on the outside of the tower. Mr. Morey indicated that the City utilized a consultant firm, Owl Engineering, which has the technical expertise to review the application in relation to the Zoning Ordinance requirements. A copy of the Owl Engineering report prepared by Garrett Lysiak and dated September 18, 2014 was included with Mr. Dempsey's planning report. Mr. Morey stated that staff recommends approval of the Verizon Wireless Conditional Use Permit subject to the 4 stipulations listed in the September 26, 2014 planning report. Chair Lillehei requested additional information on the co -location requirement. Mr. Morey stated that the co -location requirement is intended to reduce the number of cell phone towers in the city. In addition, the City encourages locating cell phone antennas on existing structures such as water towers and existing cell towers. Antennas that are co -located on an existing structure can be approved administratively, which is less time consuming and less costly than locating the antennas on a new tower thereby requiring a conditional use permit and possibly an interim use permit. Chair Lillehei opened the hearing to the public for comment. Planning Commission Meeting Minutes, October 2, 2014 Page 4 Whitey Whitehouse, 9330 17e Street Mr. Whitehouse's main concerns were: • The proximity of the tower to the bank building. • Tower painting and maintenance. • Since the transmitting, receiving and switching equipment for the tower is proposed to be in the basement of Lakeview Bank, how it will be accessed during the hours that the bank is not open. • Safety of the bank employees due to radiation from the equipment. • There is no security fence proposed around the tower. • The tower will act as a lightning rod. • The Lakeview Bank property is not the appropriate location for a cell tower. Motion was made by Blee, seconded by Boerschel to close the public hearing at 6:51 p.m. Ayes: Boerschel, Lillehei, Kaluza, Drotning, Blee Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Drotning asked the City's consultant, Mr. Lysiak, to explain the amount of radiation that is produced by these types of cell antenna towers. Mr. Lysiak explained that when he prepares his evaluation, he assumes the worst case analysis that the antennas are operating at maximum licensed power. He indicated that he was able to determine that the maximum level of RF radiation reaching the ground at the tower base is less than 25 percent of the ANSI standard value and, therefore, is not classified as an RF radiation hazard. Even with an additional user on the tower, the RF radiation would still be within the FCC standards. He stated that the hazard level approximately is 18 inches directly in front of the antenna. As you move away from the antenna, the power level drops off dramatically. • Mr. Lysiak stated that, in addition to the distance of the bank building from the antennas and the fact that the bank building is not located directly in front of the antennas, additional power is lost through the walls of the building; therefore, the radiation to workers in the bank building will be well within FCC standards. He stated that a wireless router located in the bank office area would have a greater impact on the bank workers than the proposed cell antennas. Mr. Lysiak stated that the energy from the equipment in the bank building is contained and will not present a health concern to the bank workers. • Commissioner Boerschel asked Mr. Lysiak to explain the coverage map contained in his report. • Commissioner Drotning stated that according to the planning report and the consultant's report, this request meets safety requirements and complies with federal radiation requirements. Commissioner Boerschel asked if the Planning Commission Meeting Minutes, October 2, 2014 Page 5 proposed antennas could be located on the future water to be constructed at 190th Street and Holyoke Avenue in 2015. Mr. Viera responded that the future water tower site is too far away to fill the coverage gap in this area of the city. • The Planning Commission asked if the proposed tower meets setback requirements. Mr. Viera stated that the tower is designed to collapse upon itself and would fall within the subject property in compliance with Zoning Ordinance requirements. • The cell tower color and maintenance was discussed. Mr. Morey stated the Zoning Ordinance requires the tower to be a non -contrasting color, such as brown. Regarding maintenance, the City has the ability under the Zoning Ordinance to make sure the cell company paints the tower if this type of maintenance is needed. • Confirmed that there is no Zoning Ordinance requirement that the equipment be located next to the tower. • Chair Lillehei confirmed that there is no fence requirement in the Zoning Ordinance. • Commissioner Boerschel asked how Verizon will gain access to the equipment. Mr. Viera indicated that their lease with the bank provides access to the equipment at times when the bank is not open by contacting the bank owner. • Mr. Morey thanked Mr. Lysiak for attending tonight's meeting. His experience and expertise on this subject was invaluable. He indicated that future cell antenna tower applications will also include this analysis. Motion was made by Drotning, seconded by Blee to recommend to City Council approval of Conditional Use Permit to allow the construction of a 75 foot tall personal wireless service tower and antenna at Lakeview Bank in the C-1, Neighborhood Commercial District, located at 9725 — 163rd Street, subject to the following 4 stipulations: 1. The personal wireless service antenna shall comply with the requirements of Section 11-30-3 of the zoning Ordinance. 2. The personal wireless service antenna shall not exceed 75 feet in height and shall be constructed in the location shown on the plans approved by the City Council. 3. A building permit shall be required prior to construction of the tower. 4. When the antenna tower is no longer used for personal wireless services, the tower shall be removed within one year of the discontinuance of the use. Ayes: Lillehei, Kaluza, Drotning, Blee, Boerschel Nays: 0 Planning Commission Meeting Minutes, October 2, 2014 Page 6 7. Jeff Belzer's Chair Lillehei asked for a motion to table Agenda Item 7 at the request of the applicant. Motion was made by Drotning, Seconded by Boerschel to table Agenda Item 7, Jeff Belzer's CUP, at the request of the applicant. Ayes: Kaluza, Drotning, Blee, Boerschel, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 7:30 p.m. Respectfully submitted, ATTEST: Brooks Lillehei, Chair