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HomeMy WebLinkAbout09-18-08 CITY OF LAKEVILLE Planning Commission Meeting Minutes SEPTEMBER 18, 2008 The September 18, 2008 Planning Commission meeting was called to order by Chair Drotnirtg in the-City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Drotning Vice Chair Davis_ Secretary Pattee Commissioner Grenz Commissioner Lillehei Commissioner Glad Ex-officio Bussler Absent: None Staff Present: -Daryl Morey, Planning Director Frank Dempsey, Associate Planner Zach Johnson, Assistant City Engineer Brian Anderson, Assistant to the City Administrator Andrea Poehler, Assistant City Attorney Penny Brevig, Recording Secretary ITEM 3. APPROVAL OF MEETING MINUTES: The September 4, 2008 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated that the following items were distributed to the Planning Commission at tonight's meeting: L Regarding Agenda Item 7, a letter from T-Mobile regarding the monopole proposed at the Central Maintenance Facility. 2. Under New Business, Frank Dempsey will present the findings of his inspections for zoning compliance for industrial businesses located east of I-35 and south of C.R. 70, as directed by the Planning- Commission at the September 4~ meeting. 3. The October 2nd Planning Commission meeting will be cancelled due to a lack of agenda items. Planning Commission Meeting September 18, 2008 Page 2 ITEM 5. DENNIS DUNHAM (Tabled at the September 4, 2008 Planning. Commission meeting) Chair Dratning continued consideration of the application of Dennis Dunham for a conditional use permit to allow the following, located east of Kenrick Avenue, west of Kaparia Avenue and south of 215 Street: A. Open and outdoor storage as a principal use on property in -the I-1, General Industrial District and RAO, Rural/Agricultural Overlay District; and B. An industrial use on an un-sewered lot located outside the current MUSA. Associate Planner Frank Dempsey presented the. September 12, .2008 planning report which. included the responses to the issues raised by the Planning Commission at their September 4, 2008 meeting. Mr. Dempsey stated that staff recommends approval of the conditional use permit, subject to the 13 stipulations listed in the September 12, 2008 planning report. Chair Drotning asked for comments from the Planning Commission. Discussion points were: Chair Drotning suggested that Stipulation 13 be removed and discussed further during the Zoning O_ rdinance update in 2Q09. The Planning Commission members agreed. 08.87 Motion was made and seconded to recommend to City Council approval of a conditional use permit to allow open and outdoor storage as a principal use on property in the I-1, General Industrial District and RAO, Rural/Agricultural Overlay District, and an industrial use on an un-sewered lot located outside the current MUSA, located east of Kenrick Avenue, west of Kaparia Avenue and south of 215 Street, based upon the Findings of Fact dated September 18, 2008. and subject to the following stipulations: 1. The site shall be developed according to the recommendations outlined in the Engineering Department memorandum, dated August 29, 2008 and revised September 12, 2008. 2. The site shall be developed according to the plans .approved. by the City Council. 3. The parking of semi-trailers and land/sea containers shall not be permitted as required by Section 11-22-7 of the Zoning Ordinance. 4. The site shall not be used for the service, repair, and disassembly of vehicles or .for the storage of any unlicensed vehicles, including unlicensed recreational vehicles or trailers. The accumulation, storage, processing, and disposal of waste shall not be permitted on the premises in compliance with Planning Commission Meeting September 18, 2008 Page 3 Section 11-16-29 of the Zoning Ordinance as may be amended from time to time. 5. The outdoor storage shall be screened from view of the public right-of-way in compliance with Section 11-21-9 of the Zoning Ordinance. The existing stand of trees adjacent to Kenrick Avenue shall remain as screening from the Kenrick Avenue right-of-way. 6. The landscaping shall be installed according to the approved landscape plan. A landscape escrow of $20,000 shall be submitted to guarantee compliance with the approved landscape plan. 7. A fence permit shall be obtained from the Building Inspections Department prior to the installation of the six. foot tall perimeter security fence. 8. The storage yard lighting shall be down-cast in design and shall not glare onto public right-of-way. An electrical .permit shall be obtained from the Building Inspections Department prior to the installation of the lighting. 9. A sign permit shall be obtained from the .Planning Department prior to the installation of any signs. 10. A signed private drainage easement shall be submitted between Parcels A and C to allow drainage between the two parcels. The signed private. drainage easement shall be drafted in recordable form and must be submitted prior to City Council consideration of the conditional use permit. 11. A signed shared private driveway easement between Parcels A -and B shall be submitted in recordable form prior to City Council consideration of the conditional use permit. 12. The driveway to the outdoor storage facility shall be paved with bituminous or concrete prior to use of the outdoor storage yard. Ayes: Glad, Lillehei, Drotning, Pattee, Grenz, Davis. Nays: 0 ITEM 6. AT&T MOBILITY Chair Drotning opened the public hearing to consider. the application of Buell Consulting on behalf of AT&T Mobility for the construction of a personal wireless service antenna at Fire Station No. 4 that includes the following, located at 9465 185th Street: A Conditional Use Permit to allow a personal wireless service antenna not located on a public or quasi-public structure in the P/OS, Public Open Space District; and B. Interim Use Permit to allow a personal wireless service antenna greater than 75 feet in height. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Commission Meeting September 18, 2008 Page 4 Ken Neilson from AT&T Mobility presented an overview of AT&T Mobility's request fora 110 foot tall cell tower. Raghavendra Parigi, Sr. RF Engineer for AT&T Mobility was also in attendance. Associate Planner Frank Dempsey presented the September 12, 2008 planning report.. Mr. Dempsey stated that staff recommends approval of the AT&T Mobility conditional use permit and interim use permit subject to the 9 stipulations listed in .the September 12,.2008 planning report. Chair Drotning opened the hearing to the public for comment. .There were no corrcments from the audience. 08.88 Motion was made and seconded to close the public hearing at 6:29. p.m. Ayes: 6 Nays: 0 Chair Drotning asked for comments from the Planning Commission. Discussion points were: • Questioned what the distance from the base of the cell tower to the corner of the Fire Station #4 building. Staff determined that the cell. tower will be located approximately 110 feet away from the fire station building,-which is the same as the cell tower height. Mr. Morey stated that the cell tower is designed to collapse on itself and not tip straight over. • Asked Mr. Parigi to explain how AT&T Mobility determines the height of their cell towers. The coverage area was also discussed. 08.89 Motion was made and seconded to recommend to City Council approval of a conditional use permit to allow a 110 foot. tall personal wireless service antenna not located on a public or quasi-public structure in the P/OS, Public Open Space District, and an interim use permit to allow a personal wireless service antenna greater than 75 feet in height at Fire Station No. 4, located at 9465185 Street, based upon the Findings of Fact dated September 18, 2008 and subject to the following stipulations: 1. The personal wireless service tower shall comply with the requirements of Section 11-30-03 of the Zoning Ordinance. 2. .The personal wireless service tower shall not exceed 110 feet in height and shall be constructed in the location shown on the plans approved by the City Council. 3. The antenna tower shall be designed to collapse within a distance less than the 110 foot height of the tower. Planning Commission Meeting September 18, 2008 Page 5 4. The personal wireless service tower and antennas shall be painted Tenemic blue to match the City of Lakeville water towers. 5. There shall be no barbed wire on the security fence. 6. The proposed equipment shelter shall be constructed with an exterior of earth-tone exposed aggregate concrete. 7. A building permit shall be required prior to construction of the tower and the equipment shelter. All required Federal. and State permits shall be submitted prior to the issuance of a building permit. 8. Landscaping shall be installed as shown on the :approved site plan. Landscaping shall include minimum 6-foot tall spruce trees. A $1,500.00 security shall be submitted to guarantee installation of the trees. All initial landscaping shall be maintained and guaranteed for one-year after installation. Any dead trees shall be replaced for the life of the property lease. 9. When the use of the antenna tower is no longer used for the purpose of personal wireless services, the tower shall be removed within one year of the discontinuance of the use. Ayes: Lillehei, Drotning, Pattee, Davis, Glad. Nays: Grenz. Commissioner Grenz stated that if there was a chance that the tower. could hit the fire station building if it fell,. he could not support the application. ITEM 7. T-MOBILE CENTRAL Chair Drotning opened the public hearing to consider the application of T-Mobile Central for the construction of a personal wireless service antenna at the Central Maintenance Facility that includes the following, located at 7575 179 Street: A. Conditional Use Permit to allow a personal wireless service antenna not located on a public or quasi-public structure in the RM-1, Medium Density Residential District, and B. Interim Use Permit to allow a personal wireless service antenna greater than 75 feet in height. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Kari Brown, Site Acquisition Contractor from T-Mobile Central presented an overview of T-Mobile's request fora 150 foot tall cell tower.. Thierry Colson, Sr. RF Engineer for T-Mobile Central was also in attendance. Associate Planner Frank Dempsey presented the September 12, 2008 planning report. He indicated that the applicant has submitted information regarding the design of the cell tower as required by Stipulation #3 of the planning report. This information was distributed to the Planning Commission at tonight's meeting. Mr. Planning Commission Meeting September 18, 2008 Page 6 Dempsey stated that staff recommends approval of the T-Mobile conditional use permitand interim use permit subject to the 6 stipulations listed in the September 12, 2008 planning report. Chair Drotning opened the hearing to the public for comment.. There were. no comments from the audience. 08.90 Motion was made and seconded to close the public hearing at 6:50 p.m. Ayes: 6 Nays: 0 Chair Drotning asked for comments from the Planning Commission. Discussion points were: • Total number of cell towers needed to provide complete cell phone coverage in the City. • Explanation of T-Mobile's coverage and why it seems that they need more sites than other cell phone companies. T-Mobile's response: their technology uses a lower frequency and their antenna towers are generally lower in height. • Location of future 179 Street extension and the distance it will be from the cell. tower. • Clarified that the applicant is T-Mobile and they will construct the cell tower. The City and T-Mobile will have an agreement whereby T-Mobile will lease space on the tower from the City. This lease .will be signed prior to consideration of the CUP and IUP by the City Council. • Mr. Morey explained the requirements of the Zoning Ordinance concerning the construction of a new ce1T tower versus adding an antenna onto an existing tower. He stated that provided the antenna being added to an existing tower does not exceed the height approved by the City Council, a CUP amendment would not be required. 08.91 Motion. was made and seconded to recommend to City Council approval of a conditional use permit to allow a 150 foot tall personal wireless service antenna not located on a public or quasi-public structure in the RM-1, Medium Density Residential District, and an interim use permit to allow a personal wireless service antenna .greater than 75 feet in height at the Central Maintenance Facility, located at 7575 179 Street, based upon the Findings of Fact dated September 18, 2008 and subject to the following stipulations: 1. The personal wireless service antenna shall comply with the requirements of Section 11-30-03 of the Zoning Ordinance.. Planning Commission Meeting September 18, 2008 Page 7 2. The personal wireless service antenna shall not exceed 150 feet in height and shall be constructed in the location shown on the plans approved by the City Council. 3. The antenna tower shall be designed to collapse within a distance less than the setback of the tower to the north property line. 4. The personal wireless service tower and antennas shall be .painted Tenemic blue to match the existing water tower. 5. A building permit shall be required prior to construction of the tower. All required Federal and State permits shall be submitted prior to the issuance of a building permit. 6. When the antenna tower is no longer used for the purpose of personal wireless services, the tower shall be removed within one year of the discontinuance of the use. Ayes:. Pattee, Grenz, Davis, Lillehei, Drotning. Nays: Glad. Commissioner Glad was not convinced that the applicant satisfactorily proved why they could not locate the antenna on an existing structure. ITEM 8. NEW BUSINESS Mr. Dempsey presented an overview of the findings of his inspections for zoning compliance for industrial businesses located east of I-35 and south of C.R. 70, as directed by the Planning Commission at the September 4~ meeting. Discussion of zoning enforcement in this area of the City is scheduled for the September 22, 2008 City Council work session. Commissioner Davis questioned whether Chair Drotning or himself should attend the Council-work session. Mr. Morey indicated that he would discuss this with the City Administrator and get back to Mr. Davis. There being no further business, the meeting was adjourned of 7:24 p.m. Respectfully submitted, ATTES . Penny Brevig, Recording Secret 11/06/08 Karl Drotning, Chair 11 06/08