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HomeMy WebLinkAboutItem 06.hSeptember 16, 2011 Item No. SEPTEMBER 19, 2011 CITY COUNCIL MEETING SUPERIOR ACCESS SOLUTIONS INTERIM USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the Superior Access Solutions interim use permit and adopt the findings of fact dated September 19, 2011. Adoption of this motion will allow Superior Access Solutions to construct an antenna and tower up to 75 feet in height on property located at 21037 Huron Way. Overview Representatives of Superior Access Solutions has submitted an application for an interim use permit to allow an accessory antenna and support tower at a height greater than allowed by the Zoning Ordinance in the I -1 District without the approval of an interim use permit. A maximum building height of 35 feet is allowed in the I -1 District which therefore would allow a permitted antenna and tower height of 50 feet without an interim use permit. The Planning Commission held a public hearing and unanimously recommended approval of the interim use permit at their September 8, 2011 meeting subject to a maximum antenna and tower height of 60 feet as requested by the applicant. There was no public comment. Following the Planning Commission meeting, the applicant submitted a request that the tower and antenna be allowed up to 75 feet in height (see attached email dated September 14, 2011). Primary Issues to Consider Why is the requested tower height increasing from 60 feet to 75 feet? 0 The applicant indicates that the tower manufacturer designs the antenna towers in section lengths between eight and 18 feet. Staff supports this minor change. The interim use permit form reflects the revised tower and antenna height requested by the applicant. Supporting Information • Interim Use Permit Form. • Findings of fact. • Email from Superior Access Solutions dated September 14, 2011. • September 8, 2011 Planning Commission draft meeting minutes. • September 1, 2011 planning report (revised September 13, 2011). PAitt Frank Dempsey, AICP, £ ssociat- 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. 11- 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves an interim use permit for Superior Access Solutions to allow the construction of an antenna and tower taller than 50 feet in the I -1, Limited Industrial District on property located at 21037 Huron Way. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lot 5, Block 2, Airlake Development Fourth Addition 3. Conditions. The permit is issued subject to the following conditions: a) The antenna and tower shall not exceed 75 feet in height. b) The interim use permit for the 75 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operations of Superior Access Solutions 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. 1 DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Date: CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk The following instrument was acknowledged before me this 19 day of September, 2011, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Notary Public CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUPERIOR ACCESS SOLUTIONS INTERIM USE PERMIT On September 8, 2011 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider an Interim Use Permit to allow an accessory antenna and tower to be constructed to a height of 60 feet. The property is located at 21037 Heron Way. 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 I -1, Limited Industrial District. 2. The property is located in Comprehensive Planning District No. 8, which guides the property for Industrial uses. 3. The legal description of the property is: Lot 5, Block 2, Airlake Development Fourth Addition 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 8 of the Comprehensive Land Use Plan for industrial land uses. b) The proposed use will be compatible with future land uses of the area. 1 The proposed accessory antenna and tower will be compatible with existing industrial 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 revised September 13, 2011 prepared by the Frank Dempsey, AICP, Associate Planner is incorporated herein. DATED: September 19, 2011 2 CITY OF LAKEVILLE BY: Mark Bellows, Mayor BY: Charlene Friedges, City Clerk Dempsey, Frank From: Randy Schilling [rchilling @sa- solutions.com] Sent: Wednesday, September 14, 2011 9:35 AM To: Dempsey, Frank Cc: dwerdin @sa- solutions.com Subject: RE: City Council Agenda and Interim Use Permit Hello Frank must apologize because you asked me to verify the height last week, sorry. If not too late, could we state not to exceed 75 feet? This is due to manufactured tower sections coming in 8 to 18 feet sections. We would prefer not to modify a factory design. We will try our best to accommodate the limit set. Thanks Randy Randy Schilling Superior Access Solutions Phone: 952 -469 -8874 Fax: 952- 469 -4820 Cell: 612 -239 -5151 rschilling(asa- solutions.com From: Dempsey, Frank [ mailto :fdempsey @ci.lakeville.mn.us] Sent: Tuesday, September 13, 2011 4:32 PM To: Randy Schilling Subject: City Council Agenda and Interim Use Permit The interim use permit will be considered by the City Council on their consent agenda which means at this point, no discussion is anticipated. I would recommend that someone from Superior Access Solutions attend the meeting in the event the City Council wishes to pull the item off of the consent agenda for questions. Not likely, but I would not want to risk a delay. Please let me know if you have any questions. Sincerely, The information contained in this transmission including any attached documentation may be privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify the City of Lakeville immediately by replying to this email. 9/14/2011 Frank Dempsey, AICP, Associate Planner City of Lakeville 1 20195 Holyoke Avenue 1 Lakeville, MN 55044 Office: 952- 985 -4423 1 Fax: 952 - 985 -4499 1 www.lakevillemn.gov Page 1 of 1 Planning Commission Meeting September 8, 2011 Page 2 the request of Performance Office Papers for a one -year extension of - ding setback Variance No. 2008 -03, located at 21565 Hamburg Avenue. Ayes: Boerschel, Lillehei, Maguire, Drotning. ITEM 6. SUPERIOR ACCESS SOLUTIONS Vice Chair Lillehei opened the public hearing to consider the application of Superior Access Solutions for an Interim Use Permit to allow an accessory antenna more than 45 feet in height in the I -1, Limited Industrial District, located at 21037 Heron Way. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Randy Schilling, Director of Operations, and Dave Warden, the owner of Superior Access Solutions (SAS) presented an overview of their project. They explained that Superior Access Solutions is a communications systems integrator specializing in audio and video transport and this tower would support various types of antennas and radios to be used in testing and research. Mr. Warden explained that in order to obtain a clear line of site to the broadcast tower in Shoreview, they would need to install a 60 foot tall tower. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey explained the Interim Use Permit requirement. The maximum building height in the I -1 District is 35 feet and the accessory 'antenna can be an additional 15 feet in height, for a total height of 50 feet, unless an interim use permit is approved. Mr. Dempsey stated that should the Planning Commission recommend approval of the IUP, Planning Department staff recommends approval subject to the 2 stipulations listed in the September 1, 2011 planning report. Vice Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. 11.48 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: Lillehei, Maguire, Drotning, Boerschel. Nays: 0 Vice Chair Lillehei asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting September 8, 2011 Page 3 • Commissioner Boerschel asked about the two personal wireless service towers in the area, one at JFK Elementary School and the other at the Lakeville water tower in Airlake Industrial Park. Mr. Dempsey indicated that the proposed SAS tower is much smaller in height than these other two towers. He indicated that the proposed tower is galvanized and will be attached to the building. • Vice Chair Lillehei asked Mr. Schilling to explain Exhibit E, which is a Broadcast Graph showing the line of site to the broadcast tower in Shoreview. Mr. Schilling proceeded with his explanation. He indicated that they are trying to eliminate having to use satellite communication by having a tower tall enough to allow a clear line of site to the towers in Shoreview. • Commissioner Boerschel asked if this line of site issue is unique to their business. Mr. Warden indicated that this design is similar to most transmission antennas and it's most prevalent with the higher frequency. He stated that with a clear line of site you get a much cleaner reception, which is very important when the signal is transmitted across the internet 11.49 Motion was made and seconded to recommend: to City Council approval of the Superior Access Solutions Interim Use Permit for an accessory antenna, subject to the following 2 stipulations. 1. The antenna and tower shall not exceed 60 feet in height. 2. The interim use permit for the 60 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operations of Superior Access Solutions or their successors. Ayes: Maguire, Drotning, Boerschel, Lillehei. Nays: O There being no further business, the meeting was adjourned at 6:20 p.m. Respectfully submitted, Penny Brevig, Recording Secretary 9/22/11 ATTEST: Brook Lillehei, Vice Chair 9/22/11 Memorandum INTRODUCTION The following exhibits are attached for your information: EXHIBITS A. Location and Zoning Map B. Aerial Photo C. Site Plan D. Applicant Narrative E. Broadcast Graph and Product Specifications Sheet (2 pages) City of Lakeville Planning Department To Planning Commission From: / rank Dempsey, Associate Planner, AICP Copy: Superior Access Solutions Date: September 1, 2011 (Revised September 13, 2011) Subject: Packet Material for the September 8, 2011 Planning Commission Meeting Agenda Item: Superior Access Solution Interim Use Permit Application Action Deadline: October 17, 2011 A representative of Superior Access Solutions, located at 21037 Heron Way has submitted an application for an interim use permit requesting approval to install an accessory antenna and support tower that would be constructed to a height of 60 feet, 15 feet greater than allowed by the Zoning Ordinance without the approval of an interim use permit. A maximum building height of 35 feet is allowed in the I -1 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 affected zoning district. The maximum accessory antenna height in the I -1 District is 50 feet unless an interim use permit is approved to exceed that height. Surrounding Land Uses and Zoning North — Manufacturing, Office and Warehouse Uses (I -1 District) South — South Creek Tributary and Office and Warehouse Uses (I -1 District) East — Office, Manufacturing and Warehouse Uses (I -1 District) West — Office, Manufacturing and Warehouse Uses and South Creek Tributary (I -1 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 be attached to the rear of the existing 25 foot tall building and will be used as a radio antenna by Superior Access Solutions to provide support for various types of antennas and radios to be used in testing and research. The proposed 60 foot antenna height is proposed as the minimum height necessary to maintain a clear line of sight to the television towers located south of County Road F and north of Interstate 694 in Shoreview, Minnesota. Section 11- 30-11E of the Zoning Ordinance requires that the applicant demonstrate that a tower height proposed to be greater than 50 feet demonstrate that the proposed additional height is the minimum height required for the antenna to function properly for the applicant's needs. Two personal wireless service towers and antennas greater than 100 feet in height are located in the area. One is located 1,150 feet to the southwest and the other is located 2,500 feet to the southeast. The calculations and graph supplied by the applicant (Exhibit E) shows that a 60 foot tall antenna is required. 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. The Superior Access Solutions plan for a 60 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. 2 Accessory use antennas are a permitted accessory use in the 1-1, Limited Industrial District. The property is not located within the Airlake Airport flight safety zone. 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 Superior Access Solutions for an accessory antenna subject to the following stipulations: 1. The antenna and tower shall not exceed 60 feet in height. 2. The interim use permit for the 60 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operations of Superior Access Solutions or their successors. Findings of fact are attached for your reference. 3 P /OS rei LEM t rifiN s PIGS "206TH'ST W 209TH'ST• W 207TH'ST . � U . PPE R 2 K RM -1 6_T_H . .... .... ..... ........................... .. ..... ...................... ... ...................... .... ..................... - Location of 21037 Heron Way w w I -1 T2 210TH ST_W p - W A RM -1 15TH ST W ®® p R-E- W C -1 EEL Y AY 210TH "ST -W .2 0214TH ST - W - m co m 2 x , Print Preview Dakota County, MN 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. Map Scale 1 inch = 417 feet EXHIBIT B Page 1 of 1 http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MNI010... 8/19/2011 IUt IINWS;.: Rtt'GCOURSE • NMIN6U$ COURSE;` . , S 5 SAW.' • PACTED GRAS iCTION ■: /�: = i' _.,• %F / /JI is .. Kn t IMIC - mt/� "l - 'a. tl F! Lif•NC I we G L -• LAW" ■) rv,JiL sfti_4q • _WUU RON Nr'�1. N CONCRETIE CURB _ ANC t 'UTTER tXlM Lop CONCRE sr; CURB AND • GUiTER TQ REAtAW —t« • PARKING REC IFIEMENTSx -' OFFICE 2590 SF •1J1;*.23301200 =12 +3 =15 MANUFACTURING e .t38 SF =10 %= 57041350 =17;; , WAREHOUSE 2590 �FF'i •10% = 2330 SF /1000 •= ? • TOTAL REQUIRED =:15 SPACES , , ;• z : EXHIBIT C TOTAL PARKING PR )VIDED = 38 SPACES''.: 0 Superior Access Solutions Interim Use Permit The purpose of our application is to erect a 60ft. self - supporting tower on our property located at 21037 Heron Way. Superior Access Solutions is a communications systems integrator specializing in audio and video transport. The tower would support various types of antennas and radios to be used in testing and research. As shown in the attachment, the building has an elevation of approximately 970ft. The broadcast tower in Shoreview which transmits all of the broadcast stations has antennas starting at 1280ft. In order to obtain a clear line of site, this would require us have an antenna at 1030ft. The required height becomes 60ft. The importance of the reception is the quality of the signal. We can only be as good as our source. The business plan is to take an off -air signal and transport that media across the internet. Hence, minimizing the requirement for satellite transport. The tower will be located on the back side of the building. The tower is self supporting so there will be no guy lines and attached to the top of the building. Due to the fact that the tower will be attached to the building, it will allow for a smaller structure. EXHIBIT D f (1 1) Sabre CO5- 109 -506 S3A -LDA 60 -ft Series 5 Self- Supporting Tower1 TES... Page 1 of 2 TE55C© making Kirele6,5 wank Welcome Support Base Station Infrastructure > Towers & Site Hardware > Towers > Complete Tower Kits > SKU# 336177 Technical Specs Attachments Mfg. Part No. Mfg. Warranty Tower Height (ft) Tower Series EPA, 70mph /no ice (sq ft) EPA, 90mph /no ice (sq ft) EPA,110mph /no ice (sq ft) Max Number of Lines per Face Section Length (ft) Leg Type Leg Connection Bracing Style Brace Connection Engineering Climbing Application Type of Line Support Maximum Sidearm Length (ft) Tower Type Wt. (Ibs) Wgt. (kg.) Your Total Sourcet to build, use and maintain wireless. Customers Served Neea Call (800) 4722 -7373 Systems & Applications Products Offered Sabre - S3A -LDA 60 -ft Series 5 Self- Supporting Tower Mfg Part #: CO5 109 - 506 TESSCO SKU : 336177 Qty/UOM : 1 EACH UPC: 888063361777 The CO5 - 109 - 506 LDA Series 5 60-ft self - supporting tower from Sabre Site Solutions is designed per ANSI/TIA/EIA- 222 -G -2005. This model LDA 005 -109- 506 tower is a three - legged self - supporting structure comprised of all -angle knock -down leg and bracing sections All steel parts are completely hot -dip galvanized to ensure uncompromising corrosion protection in even the most severe climates. The CO5 -109 -506 tower kit includes the main tower hardware only and consists of the tower legs, diagonals, splice plates, and connection hardware. This tower is designed for use with both base shoe anchor bolt and embedded section type foundations. Foundation matenals are ordered separately. Normal soil foundation designs are found below in the Attachments section. Geotechnical surveys are always recommended prior to any tower installation. If you would like for TESSCO to recommend a tower for your particular application please fill out and submit a TESSCO Tower Design Questionnaire. If you choose to purchase a tower from TESSCO (as a kit or in parts) without submitting a TESSCO Tower Design Questionnaire, you do so at your own risk. TESSCO is not responsible for the subsequent success or failure of your tower installation or damages that may result from improper installation or overloading. In other words, if you're not sure which tower you need fill out the TESSCO Tower Design Questionnaire and well help you. CO5- 109 -506 1 Year 60 Series 5 124 56 24 2 (1 /2 -in) lines per face (6 total) 10 Angle Bolted splice plates Angle Bolted Pre - engineered Step bolts N/A - Attach directly to bracing members 6 Self- Supporting 1801.00 818.64 IFed Login 1 Register1Worksheet Advanced Search List: $4574.40 Your Price: Log in Qty: Add W Product Advisory This item is non - cancellable and non - retumable and ships directly from the manufacturer. Please contact TESSCO for estimated lead time and freight costs If you purchase a tower without completing a TESSCO Tower Design Questionnaire you do so at your own nsk Similar Products: , Sabre S3A -LDA Self - Supporting Tower Kits Sections & Foundation Materials Accessories http: / /www.tessco.com/ products /displayProductInfo.do ?sku= 336177 &event... 8/17/2011 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUPERIOR ACCESS SOLUTIONS INTERIM USE PERMIT On September 8, 2011 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider an Interim Use Permit to allow an accessory antenna and tower to be constructed to a height of 60 feet, 15 feet greater than the maximum permitted building height in the I -1, Limited Industrial District unless approved by an interim use permit. The property is located at 21037 Heron Way. 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. FINDINGS OF FACT 1. The property is zoned I -1, Limited Industrial District. 2. The property is located in Comprehensive Planning District No. 8, which guides the property for Industrial uses. 3. The legal description of the property is: Lot 5, Block 2, Airlake Development Fourth Addition 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 8 of the Comprehensive Land Use Plan for industrial land uses. b) The proposed use will be compatible with future land uses of the area. 1 The proposed accessory antenna and tower will be compatible with existing industrial 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 pen`ormance 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 September 1, 2011 prepared by the Frank Dempsey, AICP, Associate Planner is incorporated herein. 2