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HomeMy WebLinkAboutItem 06.g• • • • ☐☐ 1 2 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) 1 2 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 20, 2018 Chair Kaluza 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 Pat Kaluza, Brooks Lillehei, Scott Einck, Jason Swenson, Paul Reuvers, Ex-officio Mike Lamm Members Absent: Vice Chair Jason Kelvie, Karl Drotning, Jeff Witte Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner, Daniel Licht, TPC Company; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 6, 2018 Planning Commission meeting minutes and Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the October 4, 2018 Planning Commission meeting will be cancelled. The next meeting is scheduled for October 18, 2018. 5. Dakota Electric Association Chair Kaluza opened the public hearing to consider the application of Dakota Electric Association for an interim use permit to allow an accessory antenna greater than 50 feet in height in the C-3, General Commercial District, located at 17709 Cedar Avenue. Craig Knudsen from Dakota Electric Association provided a brief overview of their project. Mr. Knudsen stated the reason for the 58 foot tower/antenna height is because there is a certain elevation that they need to meet for communication with the Farmington DEA office. Mr. Dempsey presented the planning report. Mr. Dempsey stated that representatives of Dakota Electric Association (DEA) have submitted an interim use permit (IUP) application and plans for the installation of a 58 foot tall accessory radio antenna and support tower at their substation located north of the City’s Central Maintenance Facility (CMF). The maximum accessory antenna height in the C -3 District is 50 feet unless an IUP is approved to exceed that height. Mr. Dempsey referenced the interim use permit criteria from Section 11 -5-5 of the Zoning Ordinance. He pointed out that the most pertinent criteria for consideration of the proposed radio antenna is required landscape screening. Mr. Dempsey in dicated Planning Commission Meeting Minutes, September 20, 2018 Page 2 that existing landscaping at the DEA substation site consists of mature evergreen trees and adequately screens the substation and the proposed antenna. DEA has agreed to combine a separate abutting parcel they own south of the principal substation parcel, thereby eliminating a non-conformity. DEA representatives will contact Dakota County regarding the formal procedure to combine the parcels. Mr. Dempsey stated that staff recommends approval of the DEA IUP for an accessory antenna subject to the three stipulations listed in the September 14, 2018 planning report, and adoption of the Findings of Fact dated September 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Reuvers to close the public hearing at 6:06 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission agreed that this is a good location to install the antenna and it will blend in with the surroundings. Motion was made by Lillehei, seconded by Reuvers 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 17709 Cedar Avenue, subject to the following stipulations, and adoption of the Findings of Fact dated September 20, 2018: 1. The antenna and tower shall not exceed 58 feet in height 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 operation s of Dakota Electric Association or their successors 3. The two Dakota Electric Association owned parcels (PID220090079013 & 220090079012) shall be combined into a single parcel Ayes: Einck, Lillehei, Kaluza, Swenson, Reuvers Nays: 0 6. Kenwood Hills Chair Kaluza opened the public hearing to consider the application of Kenwood Hills LLC (aka Homestead Partners LLC) for a variance from the wetland buffer setback to allow the construction of a deck onto the rear of an existing detached townhome within the Kenwood Hills PUD, located at 18254 Jurel Way. City 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 2 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. 3 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 GLASGO W A V EGOLDENVIEWAVE GLANSHAW AVEGLACIERWAYGLENCO E AVE GRE ENGABLES TRL GOLDENRODAVE175TH ST W1 7 9 T H S T WGOODHUE AVEGLEAMING CT Ü 17709 CEDAR AVENUE Dakota Electric Interim Use Permit Property Information September 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.