HomeMy WebLinkAboutItem 05City of Lakeville
Planning Department
MEMORANDUM
To: Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: September 14, 2018
Subject: Packet Material for the September 20, 2018 Planning Commission Meeting
Agenda Item: Dakota Electric Association Interim Use Permit
Application Action Deadline: October 22, 2018
INTRODUCTION
Representatives of Dakota Electric Association (DEA) have submitted an application and
plans for an interim use permit requesting approval to install an accessory radio antenna
and support tower constructed to a height of 58 feet, which is 23 feet higher than the
maximum building height allowed in the C-3 District. Section 11-30-11E of the Zoning
Ordinance allows accessory antennas and towers to a height of 15 feet above the height
restriction for the respective zoning 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 DEA substation is located at 17709 Cedar Avenue.
Similar accessory antennas with similar heights are located on Kenrick Avenue south of
205th Street, on Kenrick Avenue north of Timbercrest, on the south side of 160th Street
west of Pilot Knob Road.
The following exhibits are attached for your information:
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Applicant Narrative
D. Photo Simulation
E. Site Plan
F. Cross Section View
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Surrounding Land Uses and Zoning
North – Dental Office (C-3 District)
South – City of Lakeville Central Maintenance Facility (P/OS District)
East – Cedar Avenue
West – Undeveloped Property (C-3 District)
STAFF ANALYSIS
Dakota Electric Association is an electric power cooperative that supplies areas of Dakota, Rice,
Goodhue and Scott for residential, agricultural, commercial, industrial and other public and
private customers. There are six electric substations in Lakeville, most of which were
constructed between the early 1990’s and 2009 as electric demand increased as Lakeville grew
in population and development. DEA uses the accessory or secondary use antennas in some
of their electric substations for DEA communications as well as redundancy in modes of
communication between DEA operations facilities and personnel. Secondary use antennas are
allowed on all properties where antennas are permitted. The proposed accessory antenna will
be attached to a galvanized metal pole near the rear (northeast) corner of the substation
enclosure and 58 feet from the north property line. Refer to Exhibit D to view a photo
simulation of the proposed antenna shown on the right side of the substation enclosure just
to the right of the gate.
Interim Use Permit Criteria. Section 11-5-5 of the Zoning Ordinance requires that an
interim use permit comply with the criteria used in the consideration of a conditional use
permit. The most pertinent criteria for consideration of the proposed radio antenna is
required landscape screening. The existing landscaping consists of mature evergreen
trees and adequately screens the substation compound and the proposed antenna.
Dakota Electric Association owns a separate 12-foot wide by 457-foot long parcel south of the
principal substation parcel that was purchased from a separate property owner in 1994 and
was not combined with the main parcel. Dakota Electric Association has agreed to combine
the narrow parcel with the principal parcel thereby eliminating the non-conforming parcel.
DEA will have to contact Dakota County regarding the formal procedure to combine the
parcels. The proposed antenna request will not be affected by the lot combination.
RECOMMENDATION
Planning Department staff recommends approval of the interim use permit for Dakota Electric
Association for an accessory antenna subject to the following stipulations:
1. The antenna and tower shall not exceed 58 feet in height.
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2. The interim use permit for the 58-foot tall accessory antenna and tower shall expire
when the antenna and tower is no longer needed for the operations of Dakota
Electric Association or their successors.
3. The two Dakota Electric Association owned parcels shall be combined into a single
parcel (PID220090079013 & 220090079012).
Findings of fact are attached.
PUD
C-3
PUD
RM-2
C-3 PUD
C-3
C-3P/OS
P/OS
P/OS
PUD
PUD
RM-1
O-R
RS-3
456723
45679
45679
456723
179TH ST WCEDAR AVEGLACIER W AY
D O D D B L V D
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EGOLDENVIEWAVE
GLANSHAW AVEGLACIERWAYGLENCO
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AVE
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TRL GOLDENRODAVE175TH ST W1 7 9 T H S T WGOODHUE AVEGLEAMING CT
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1 7 7 0 9 C E D A R A V E N U E
Dakota Electric Interim Use Permit
Property Information
Se pte mber 11, 2018
0 225 450112.5 ft
0 60 12030 m
1:2,400
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
DAKOTA ELECTRIC ASSOCIATION INTERIM USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On September 20, 2018 the Lakeville Planning Commission met at its regularly
scheduled meeting to consider the application of Dakota Electric Association (DEA) for a interim
use permit to allow the installation of an accessory radio antenna up to 58 feet in height in the
C-3 District located at 17709 Cedar Avenue. The Planning Commission held 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 located in Planning District No. 3 of the 2008 Comprehensive Plan, which
guides the property for commercial uses.
2. The property is currently zoned C-3, General Commercial District.
3. The legal description of the property is:
That part of the Northeast Quarter of the Southeast Quarter of Section 9, Township 114, Range 20,
Dakota County, Minnesota described as follows:
Beginning at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said
Section 9, said point being in the center of Dodd Boulevard as built; thence south along the east
line of the Northeast Quarter of the Southeast Quarter a distance of 1316.35 feet to the Southeast
corner of the Northeast Quarter of the Southeast Quarter of said Section 9; thence westerly along
the south line of the Northeast Quarter of the Southeast Quarter of said Section 9 a distance of
554.00 feet; thence north parallel with the east line of the Northeast Quarter of the Southeast
Quarter of said Section 9 a distance of 922.42 feet to the center line of Dodd Boulevard as built;
thence northeasterly along said center line a distance of 674.8 feet to the point of beginning.
Except the southerly 12.00 feet thereof.
4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use
permit may not be issued unless certain criteria are satisfied. Section 11-5-3 states that
interim use permits shall be processed according to the standards and procedures for a
conditional use permit. The criteria and our findings regarding them are:
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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.
Finding: The proposed accessory radio antenna use is a commercial use consistent with the
policies and provisions of Planning District 3 of the 2008 Comprehensive Land Use Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Finding: The proposed accessory radio antenna will be compatible with existing and future land
uses in the area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The proposed accessory radio antenna will conform with all performance standards
contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Finding: The subject property is served with necessary public services and will not
overburden the City’s service capacity.
e. Traffic generation by the proposed use is within capabilities of streets serving
the property.
Finding: Traffic generation will not significantly increase due to the proposed accessory radio
antenna.
5. The planning report dated September 14, 2018 prepared by Frank Dempsey, Associate Planner
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit.
DATED: September 20, 2018
LAKEVILLE PLANNING COMMISSION
BY: _______________________________
Pat Kaluza, Chair