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2010-01-26 Planning Comm Agenda PacketCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, iINNESOTA 11 PLANNING COMMISSION AGENDA January 26, 2010 - 7:00 P.M. 1) Call to Order 2) Roll Call 3) Approval of the November 24, 2009 Planning Commission Minutes�`� rvV1r~ � 4) Hearings a) Case No. 10-01: Clear Wireless, LLC — 2341 Lexington Avenue — Conditional Use Permit to Install an antenna on the existing water tower. Public Hearing 7:00 P.M. b) Discussion and Approval of Comprehensive Plan. c) Discussion of Zoning Ordinance Update. (!D9.4o 5) Verbal Review 6) Adjourn Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 651-452-1850 with requests. Planning Commission Minutes November 24, 2009 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES November 24, 2009 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 24, 2009, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Lally, Commissioners Field, McManus, Norton, Povotny, and Viksnins. Those absent: Commissioner Hennes. Those present were Assistant to the City Administrator Jake Sedlacek, Acting City Engineer Ryan Ruzek and Planner Steve Mr. Grittman. Minutes were recorded by Carla Wirth. Approval of October 27, 2009 Minutes COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO APPROVE THE MINUTES OF OCTOBER 27, 2009 AS PRESENTED. AYES: 5 NAYES: 0 Chair Lally arrived at the meeting at 7:03 p.m Hearings Discussion of City Zoning Ordinance Planner Steve Grittman noted the Commission has received a copy of the Zoning Ordinance draft showing revisions. He advised that additional illustrations will be inserted to help clarify the understanding of more difficult sections. Mr. Grittman stated one of the biggest revisions is to combine the PUD sections into a single chapter, noting the rest of the changes are more clerical in nature. Chair Lally asked if the Council wanted to reconcile the large number of applications approved or receive general feedback to the PUD section. Mr. Grittman stated the Council is seeking general feedback, noting when they started this process, they wanted to assure the Zoning Ordinance was up-to-date and did not conflict with the Comprehensive Plan. Chair Lally noted some of the changes were to insert amendments that had already been passed. Mr. Grittman indicated that was correct, some of the revisions involved a codification of those amendments. Commissioner McManus inquired about the purpose of the red footnotes. Mr. Grittman explained the software tracks changes made from the original version. Once finalized, those footnotes will no longer be shown. Commissioner McManus stated at most meetings the Commission addresses wetlands and wetlands permits, yet the introduction does not contain such a definition. Mr. Grittman explained wetlands are regulated by a separate chapter and refer- to wetlands that are on the City's wetland map. Chair Lally asked if most wetland regulations are state law, not municipal law. Mr. Grittman explained that the City's ordinance creates a 100 -foot buffer zone to address how to treat the wetland from the upland and does not address State regulations. Chair Lally asked if the development of bluff areas is regulated by Wild and Scenic River and federal laws. Mr. Grittman stated the Critical Area Ordinance is a combination of federal and state mandates and was adopted by the City as a local ordinance. Planning Commission Minutes November 24, 2009 Commissioner Povolny asked why the accessory structure language is highlighted in yellow. Mr. Grittman explained it is highlighted in yellow because that language is not yet in final text form. That section will be rewritten because of internal conflicts between general and R-1 accessory allowances and when completed, an illustration will be included. Commissioner Povolny asked if the recreational vehicle language had been changed. Mr. Grittman stated it is the same with the exception of a small insertion made in Section 3a at the suggestion of a Councihmember. Commissioner McManus referenced Page 12-1B-5 that indicates the Comprehensive Plan is prepared and maintained by the Planning Commission. Mr. Grittman explained the Planning Commission holds the public hearing and advises the Council on the adoption. The way the Statute reads, the Planning Commission is the body that is responsible for preparation of the Comprehensive Plan and referring it to the Council. Chair Lally noted the Comprehensive Plan then goes to the Metropolitan Council for final adoption. Mr. Grittman stated that is correct. Commissioner Norton referenced Page 12-1D-6, and asked about the practical difference between the previous "string rule" and the new clause regarding the district setback and average setback. Mr. Grittman explained the "string rule" currently works as a visual line between two flanking homes to define the fi•ont setback. The problem with the existing "string rule," because of the wide variation of setbacks, is that it has prohibited homes from expanding towards the street or side yards, depending on the layout. Mr. Grittman explained the change is to use an average setback of the adjoining structures instead of the "string rule." He explained this will eliminate the need for so many setback variances and allow forward expansion. It also changes it to a numerical calculation so measured numbers can be used instead of scaling the setback along a line of sight. Commissioner Povolny asked if porch setbacks have been addressed, noting the Planning Commission has considered many variance requests for front porches. Mr. Grittman stated staff discussed changing the Code to allow porch extensions into the front setback by conditional use permit (CUP) rather than variance so the finding of a hardship is not required. With a CUP, the Planning Commission would have review authority but be able to use a neighborhood standard, not the hardship standard. Assistant to the City Administrator Jake Sedlacek stated staff has noticed front porches have been a point of discussion for both the Planning Commission and Council so it would be beneficial for the Planning Commission to provide clear direction that can be referred to the Council. Chair Lally stated he cannot recall an instance where such a request was declined when the Planning Commission could fmd a hardship. However, there was discussion whether it was a request for an open or enclosed porch structure and several months ago, a variance was granted based on lot size and other issues. Mr. Grittman stated the hardship factors tend to be related to weather exposure, lot size, street configuration, and whether the structure was enclosed. Chair Lally stated a CUP still allows a review process to give guidance to the applicant and information to neighbors. Mr. Grittman suggested staff draft proposed language for consideration by the Planning Commission, noting a public hearing will also be held on the Zoning Ordinance. The Commission agreed. Commissioner Povolny suggested language be crafted to classify porches and take into consideration whether it will be enclosed, open with columns, and the square footage, Mr. Grittman stated staff will also provide information on what has been approved so there is a guide as to scale. Commissioner Norton stated most variances have been for porches that provide some cover from weather elements when entering the home. He stated he shares Commissioner Povolny's concern about a porch that is extended to cover the entire front of the house. Commissioner Povolny stated in one case, sides were allowed to be enclosed to address weather conditions so, perhaps, the language should allow a percentage of the porch to be enclosed. 2 Planning Commission Minutes NoveMber 24, 2009 Chair Lally stated in one case, an enclosed porch was allowed because the house did not contain a front hallway Mr. Grittman stated staff will draft language for the Planning Commission's review. Commissioner Povolny asked if Commissioners can provide language suggestions to staff prior to the next meeting. Mr. Grittman stated that would be welcomed. Commissioner Vil<snins stated lie has not had a chance to study the ordinance so he has no substantive comments. Commissioner Field noted some of the sections have been taken care of and should be incorporated into the ordinance so the Commissioners know they have already been addressed. He noted that the land reclamation section has been deleted and is not picked up in replacement wording but, basically, subjects land reclamation to the Land Use Management Plan and related regulations. Mr. Grittman stated the Land Use Management Plan is where the real review for land reclamation will occur. Commissioner Field referenced Page 12-1J-8 and asked why text is identified in red. Mr. Grittman stated the existing ordinance will be inserted. Mr. Grittman stated it would be helpful if the Planning Commission could identify questions or comments to staff. He advised that staff will complete the insertions so the Planning Commission can review the entire document prior to the public hearing being held, possibly in January of 2010. Commissioner McManus referenced Pages 12-1D-16-17, that identifies trees and landscaping. However, nothing is mentioned about buckthorn, a weed tree, and dangerous vegetation. Mr. Grittman stated that is not covered separately but can be included. Commissioner McManus stated that Mendota Heights has a buckthorn problem and thinks language prohibiting buckthorn should be included. Commissioner Field thanked staff and Mr. Grittman for their work on this complicated and detailed revision. Chair Lally concurred and stated his support that the Code is flexible to meet the City's current needs. Commissioner McManus agreed the Code was good to start with and stated the update will make it even better. Mr. Sedlacek asked for the Commission's input on Section 12 -1G -7E, Fences for Industrial Districts Abutting Residential Districts. He explained that in Industrial zones, fences must be 50% opacity or greater and in Residential zones fences must have 30% opacity. Chair- Lally stated his question is whether a fence that is more of a barrier and less open would be more desirable between industrial and residential uses. Mr. Grittman stated a transition between Industrial and Residential Districts still requires screening of inappropriate uses. He explained that while an industrial area may have a chain link or industrial -style fence adjacent to residential in the current language, the change would require a more compatible fence if adjacent to a residential neighborhood, like vinyl or wood. With regard to opacity, it does not "trump" the screening requirement. Commissioner Norton stated if adjacent to industrial, he would prefer a fence that is more opaque, perhaps to 100% so the view of the industrial facility is blocked. He stated that the appropriate fence material maybe something like cedar wood, not concrete block. Chair Lally noted that it would be allowable for an industrial site to have a chain link fence with evergreen trees to transition to the residential property. Mr. Grittman stated that is correct. Chair Lally stated his preference would be to allow additional opacity, as suggested by Commissioner Norton. Planning Commission Alinutes November 24, 2009 Commissioner Povolny noted the Bituminous Roadway project considered several months ago required fencing, berms, and trees but did not abut residential. Commissioner Field asked for a clarification on the residential fencing requirement. Mr. Grittman stated you need to meet the residential construction requirement, 30% open, of a certain height, and be on the boundary. Commissioner Povolny asked that the issue of "welded wire" be addressed in the update. Mr. Grittman stated a material standard is not included in the ordinance. Planning Commission consensus was reached to include a material standard. Commissioner McManus stated that big impervious fences can become a serious eyesore so he would be "skittish" about allowing a 12 -foot high totally solid fence and may rather see greenery or trees as screening. Commissioner Norton agreed that is preferable but noted the language of the preceding paragraph addresses landscaping and screening and does not say it has to include trees or shrubs, just that it has to have grass. He stated he is curious how other cities have addressed this issue. Commissioner Norton agreed that landscaping, trees, and berms are preferable to any kind of fencing but if the issue is to obscure a view, then a fence may be appropriate. Mr. Grittman stated staff will draft some suggestions to address those concerns and a buffer section can be inserted to be more prescriptive of plantings and spacing. Commissioner Norton noted this language would address subsequent approvals as opposed to changing any existing spaces with fencing and landscaping. Mr. Grittman concurred and stated staff will also look at the map to identify how many areas would be involved. Mr. Sedlacek noted the attendance of newly hired City Administrator David McKnight. Mr. Sedlacek advised that staff receives about one request per month for chickens and last week got a request for a horse. Staff has informed requestors that it would require an ordinance change. Mr. Sedlacek stated staff would like direction about having more clear language. Mr. Grittman read Page 12-1B-2 regarding definitions, noting chickens are identified as "fowl' under the "Animals, Food" section. The Commission discussed the types of animals that would be considered to be a household domestic pet. Mr. Grittman stated he supports the current language. Commissioner Norton asked what is the largest lot in Mendota Heights. It was noted there is a 15 -acre lot that used to have horses and the preschool has a permit to have certain alpacas or llamas. Mr. Grittman stated the question with chickens relates to "suburban farming" and the current ordinance does not permit chickens. Commissioner Norton referenced the language indicating: "and others raised for purposes of food consumption." He suggested adding clarifying language such as "and others that are typically raised for purposes of food consumption." Mr. Grittman stated that would be a good clarification and staff will make the revision. Commissioner Field stated it would be nice if Mr. Grittman could provide "point" and "counter point" about the changes being made. Mr. Grittman stated he will provide such a memorandum.. Commissioner McManus stated the material reviewed tonight can now be abridged and the Commission can move on to other issues that staff would like addressed. Mr. Grittman agreed and indicated he would prepare a companion memorandum to cite those specific issues. 11 Planning ComntWiOn Minzdes November 29, 2009 Discussion on Cancellation of December Meeting Mr. Sedlacek explained the Council has authorized the Planning Commission to cancel the December meeting. He advised that there are three potential planning cases, two for cellular applications and one for a wetlands permit. Chair Lally asked if it would be a hardship to consider the planning cases in January. Mr. Sedlacek stated one applicant may feel it is a hardship. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER NORTON, TO CANCEL THE DECEMBER 22, 2009, PLANNING COMMISSION MEETING IF APPLICATIONS ARE NOT RECEIVED BY CLOSE OF BUSINESS ON NOVEMBER 30, 2009. AYES 6 NAYS 0 Verb al Review Mr. Sedlacek gave the following verbal review PLANNING CASE 409-36 Heart to Home, Inc. Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #09-37 Heart to Home, Inc. Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #09-38 Stonewall, Inc. Wetland Pen -nit for HR -PUD (High Density Residential PUD) • Approved by the City Council as recommended by the Planning Commission. PLANNING CASE #09-39 City of Mendota Heights Zoning Ordinance Amendment • Approved by the City Council as recommended by the Planning Commission. Commissioner Field requested an update on Mendota Plaza. Mr. Sedlacek stated there was to be a closing on the construction loan on November 16, 2009, but to the City's knowledge, it has not yet occurred. A park dedication check was received but the final plat has not been received for signing and recording at the County. Mr. Sedlacek indicated that no more has been heard about a start date. COMMISSIONER MCMANUS MOVED, SECONDED BY COMMISSIONER POVOLNY, TO ADJOURN THE MEETING AT 7:58 P.M. AYES 6 NAYS 0 Respectfully submitted, Carla Wirth, Recording Secretary 5 ASSOCIATED CONSULTANTS, NORTHWEST 4800 Olson Memorial Highway; Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 p€anners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman / Steve Grittman DATE- January 21, 2010 MEETING DATE: January 26, 2010 SUBJECT: Conditional Use Permit for a Wireless Antenna Collocation CASE NO: Planning Case No. 10-01; NAC Case 254.04 — 10.01 APPLICANT(S)- Clear Wireless, LLC LOCATION: 2431 Lexington Avenue ZONING- I — Industrial GUIDE PLAN: CC — City Hall/Public Works/Fire Hall Background and Description of Request: Lawrence Coleman of FMHC Corporation, on behalf of Clear Wireless, LLC is requesting approval of a Conditional Use Permit (CUP) to collocate wireless equipment on the existing water tower located at 2431 Lexington Avenue. The parcel is zoned I, Industrial. The installation will include new antennae: three 4 -foot panels, two 2 -foot dishes, and a single cabinet located on the ground inside the water tower. According to the Zoning Ordinance, Section 12 -1J -6.C.3, If both the applicant and the city consent to mounting the antennas on the city's water tower or other municipal building, a developer's agreement may be necessary at the discretion of the city in addition to a conditional use permit. Analysis: Proposed Antenna. The applicant is proposing to mount Clearwire antennas to the exterior wall of the water tank. The top of the Clearwire antennas shall be at a height of 126 feet, 8 inches, which is well below the top of the water tower and existing carrier antennas located on the water tower, the highest being at 150 feet. The applicant's letter states that they hope to complete construction prior to the water tower painting scheduled next summer. Accessory Equipment. The only ground equipment proposed is an H -frame mounted equipment cabinet located inside the water tower. All cables will be run inside the water tower from the equipment to the antennae. Wireless Telecommunication Review Standards. Wireless telecommunication towers, antennas, and accessory structures are allowed as conditional uses in all zones within the City. These uses are regulated by Section 12-1J-6. The purpose of this section is to protect the public health, safety, and general welfare of the community while accommodating the communication needs of residents and businesses. The Ordinance outlines standards, including, but not limited to the following: Agreement To Mount On City Property: If both the applicant and the city consent to mounting the antennas on the city's water tower or other municipal building, a developer's agreement may be necessary at the discretion of the city in addition to a conditional use permit. If the City finds it necessary, a Developer's Agreement shall be established between the applicant and the City. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes. This shall be added as a conditional upon approval. Details shall be provided with the building permit application. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and a half (1 1/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city and paid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. This shall be added as a condition upon approval. Compliance With FCC Regulations; Noninterference Required: All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. 2 A report from a qualified professional engineer has not been submitted, nor has the applicant submitted a copy of the FCC approval of the antennas in regard to noninterference. These shall be added as conditions upon approval. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. The applicants shall be asked to submit copies of any applicable licenses for review. Comprehensive Plan. The subject parcel is guided as CC — City Hall/ Public Works/ Fire Hall in the 1999 Comprehensive Plan. The request is consistent with this land use category. Adding an additional antenna and ground equipment to the City's water tower does not infringe upon the intent of this land use category. Action Requested: Following a public hearing, the Planning Commission may consider one of the following recommendations: Approval of the Conditional Use Permit as requested based upon a finding that the proposed antenna and accessory equipment installation meets all of the Zoning Ordinance requirements and is consistent with the intent of the Conditional Use Permit criteria allowing such features, and subject to the following conditions: 1. A Developer's Agreement shall be established between the applicant and City. 2. A building permit must be obtained prior to construction and installation. 3. The applicant shall provide an abandonment bond to the City as required by Section 12-1J-6.H.1.b of the Zoning Ordinance. 4. The proposed antenna shall comply with all FCC regulations. The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. 5. The applicant shall abide by all other regulations in Section 12-1J-6 of the Zoning Ordinance. 6. All work will be coordinated with the City Engineer and consultant overseeing the water tower painting project. Denial of the Conditional Use Permit based on a finding that the proposed antenna and accessory equipment use is inconsistent with the Zoning Ordinance and/or the Comprehensive Plan. Staff Recommendation The City strongly encourages new personal wireless service antennas to be located on existing towers or support structures in Section 12-1 J -6A4 of the Zoning Ordinance: Minimize the number of freestanding antenna towers needed to serve the community by utilizing collocation. This proposal meets this objective of the City. Based on the review of the applicable Zoning Ordinance requirements, our office recommends approval of the CUP to collate wireless equipment on an existing telecommunications tower as illustrated on the submitted site plans and subject to the above-mentioned conditions Supplementary Materials: 1. Site Location Map 2. Application materials dated December 30, 2009 0 70 1 305 295,128,9 1295, 111286 � � ��, 128,9 " / . " I " I l I/ �12$4 1288 1280 23,14 ........ . .... 2366 2370 P376 12431 Lexington Ave . . . . ..... - ------- 1145 1'18'1 1rn189 Medallion Dr-- 2�454 24 1201 1165 2465 Mendota 2475 1150 T 1100 F-. Lo i 1201 1174 2124 3221'2 2146--..2135.2130 --- _ . 240' 2158 i 2150141214 2145140 0,.,,' 1215 51 1-217012.16 7,5 216 20 2165 0961090 166 062 !2210 J 2218 222 Lod 53 I i, o o I \'CO lid 106 C\J 2258rn /* rn 9r -9190 10 2300 H. 23 2330 C\I r i% r i -- ;2510; ----------------------------------------------- CP ow 1091 6 9 95 CN 99088\11 11 960 , S H -e I LOGation Map r. City Limits 1'\V Major Roads Parcels Water/Wetlands CRY & Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. /6-0/- Date 6-b/_Date of Application 12--3o -0 9 — Fee Paid _95'o"°O Kza•�t ZZZ#9_- 1 #R- 1 ! �-�-� PH; (&50 (Last) �'5 Applicant Name: C i CQ1- � t r -e_ (C'SS , (P - (Last) (First) ` (M) / A-Ri); ;i! gwrpnc_� �1�me.n E -Mail Address: %�a(�►�i��@ i ��cOr� Address: /100 Pttt:rr-b ObIoY,l =e_ (Number & Street) Owner Name: 1_"(1 �V� d ( ast) Address---d—®l (Number & Street) Street Location of Property in Question: 2— E—MN (City) ( tate) (Zip) (First) a (M) A 11 a City) Pate) -e x v (zip) S Legal Description & PIN of Property: (Complete Legal from Title or ®eed must be provided) o � 131 O C -l<, Ig- I Inde � Type of Request Rezoning __Conditional Use Permit Conditional User Permit for P.U.D. Preliminary/Final Plat Approval Comprehensive Plan Amendment Variance Subdivision Approval _ Wetlands Permit Critical Area Permit Other (attach explanation) Applicable City Ordinance Number !2- Section l I a`� c►' Present Zoning of Property I Present Use W - Proposed Zoning of Property fS em _Proposed Use lj I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. n ( ignature o plicant) J Date Received 1101 Victoria Curve - Mendota Heights, MN 5 11 X51) 458-185 a FAX (651) 452-8940 www.rnendota-heights.com December 30, 2009 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Conditional Use Permit Application for 2431 Lexington Avenue Collocation of Wireless Equipment on Existing Water Tower Clearwire Site No.: MN-MSP0016 -b Dear City of Mendota Heights: Clear Wireless, LLC is a new wireless service provider to Minnesota and is proposing to collocate wireless equipment on the existing water tower located at 2431 Lexington Avenue. The installation is for 3 - 4 ft. panels and 2 - 2 ft. dishes as shown in the enclosed site plans. The application form and accompanying materials have been enclosed. Executable copies of the Lease have also been enclosed. This proposal meets the objectives of the Mendota Heights Antenna Ordinance 12-1 J-6 by using an existing water tower rather than proposing a new tower. The new antennae will be located on the stem of the water tower. The ground equipment consists of a single cabinet located inside the water tower. All cables will be run inside the water tower from the equipment to the antennae. Clearwire hopes to complete construction prior to the water tower painting scheduled next summer. If you have any questions or are in need of additional information, please do not hesitate to contact me. Respectfully Submitted, Lawry enc; . Coleman FMHC Corporation (651) 249-3866 Enclosures: CUP Application Leases for Execution LJC/wo 7400 Metro Boulevard • Suite 260 • Edina, MN 55439 • phone (952) 831-1043 • fax (952) 831-0623 APPROVALS SPECIAL NOTES ALL WOI G SHALL BE INSTALLED N CONFORMANCE WITH CURRENT CLEARWIRE CON51RUCTION INSTALLATION GUIDE (EX.) CONDITIONS WALL BE CHECKED AND VERIFIED W FIELD. IF SIGNIFICANT DEVIATIONS OR DETERIORATION ARE ENCOUNTERED AT THE TIME OF CONSTRUCTION, A REPAIR i'Ei;411T WILL 5E 013TA44ED AND CONTRACTOR SHALL NOTIFY STR4ICTURAI- FW_iINEER IMMEDIATELY. CONTRACTOR SHALL VERIFY ALL PLANS AND (EX.) DIMENSIONS AND CONDITIONS ON THE J05 SITE 4 SHALL II -MEDIATELY NOTIFY THE EWiNEER N UPJTING OF ANY Dt8CREPANCIE8 5EFORE PROCEEPMG WITH THE UbRK. OR BE RESPION815LE FOR SAME. THESE DRAWWGS ARE FULL 517-E AND ARE SCALEABLE ON IPX 17" SHEET SIZE AND ARE NOT REDUCED M SIZE. STATEMENT THAT COhIP1_..IANGE WITH T14E MEWaX CODE 15140T REQUIRED -SCOPE OF WORK DOES NOT INVOLVE MODIFICATIONS OF EXTERIOR MODIFICATIONS TO EXTERIOR ENVELOPE OF BUILDING, HVAC SYSTEMS OR ELECTRICAl_ Lkz-"TMG. WlWA7ON-IER3TATEONECALLr,OM (6 51) 454-0002 2020 CENtFE POINTE BLVD -MENDOTA HEIGHTS, MN 55120 W -T COMINIJIMCATION DESHM GROUP, I.I.C. WIRELESS INFRASTRUCTURE ® 2675 R.t Am ,mn Ndlman EEZ.'., Mn61. 00192 -. PR42241293-5333_FAX Q24)2936444 nww.vrttnyneaL�9com IL LS� M41V,,,-0011[8 Fp. 010MI COPIR)GW 6 2010 W-TCOMWUNIICAT)ON DESIGN GROUP. UC, !• i SCOTT R. 'MPH" P.E. MEMED PROFESSIOML ENGINEER STALE OF MINNESOTA UCEME / 2603 EXPIRES2.6 30 10 SICItElY; _L_1 DIRECTION& FROM MINNEAPOLIS /13T. PAUL INTERNATIONAL AIRPOWt DEPART MM4EAPOLIS/5T PAUL INTERNATIONAL AIRPORT ON LOCAL ROAD(8) (50UTH) ROAD NAME CHANGES TO 34TH AVE S. TURN LEFT (EAST) ONTO E 70TH 5T. ROAD NAME CHANGES TO POST RP. TAKE RAMP (LEFT) ONTO SR -5. TURN OFF ONTO RAMP. TAKE RAMP (RIGHT) ONTO 5R-55. KEEP RIGHT TO STAY ON SR -55, TURN LEFT (EAST) ONTO MENDOTA HEIGHT5 RD, TURN LEFT (NORTH) ONTO MEDALLION DR. TURN LEFT (NORTH) ONTO LOCAL ROAP(5). ARRIVE AT SITE. LOCAL MAP RESURRECTION CEMETERY a W MEDALLION DR 1 SCOPE OF WORK: NEW CLI=ARWIIRE EQUIPMENT CABINET ON NEW PLATFORM WITH NEW CLEARWIF?r: BACKHAUL AND WIMAX ANTENNA5 MOUNTED TO NEW RM MOUNT. SITE NAME. MENDOTA HEIGHTS WT - LEXIN'STON AVE. 5 4 494 CLEARViIRE SITE ® MN -1157'0016-8 SITE 2431 LEXWGTON AVE. Et T2/28/09 ... _ - MENPOTA HEIGHT5, MN 55118 PROPERTY OWNER: CITY OF MENDOTA HEIGHTS PROPERTY OWNER CONTACT: JOHN MAZZITELLo SOME: AS SNO'H1) DESIGNED 9Y: TRK DRAWN 8(: MK (651) 255-1123 CLEARWIRE SITE CONTAC : DAVID AUSTIN (651) 263-6617 APPLICANT: CLEARWIRE WIRELESS 5ROADBAND GEOGRAPHO 000FONATE& LATITUDE: 44.8690600' LONGITUPE. -93.1478170' AAVSD)GTK)tk CITY OF MENDOTA H1=164HT8 TAX LD. 27-46200-010-01 SITE ELEVATION: 916' (AM5L) COUNTY: DAKOTA BULDM CODE& INTERNATIONAL BUILDING COPE (2006) NATIONAL ELECTRICAL CODE (2008) POWER ANY: XCEL 1=TIEi;"sY PHONE 0. 800-481-4700 TELEIlfiIONE COMPANY. aMST PHONE s, 800-603-6000 I CONSUILTM TEAM PROFESSIONAL ENGNEER STRUCTURAL ENGINEEIt 35E WT COMMUNICATION DESIGN GROUP, LLC TBD 2675 PIRATUM AVF. HOFH1AN ESTATES, IL 60192 TEL- (224) 293-6333 FAX: (224) 293-6444 SITE DAME: MENDOTA HEIGHTS WATER TANK LEXINGTON AVE, S & 494 CLEARWIRE SITE ID: MN-MSP0018 _ __ ' _ -i 2428 LEXNGTON AVS KWWTA F>E*W% !moi 65120 PRO"I "imam T091189 DRAWW ME TITLE SHEET 0 01/20/10 - REVISED ZONINGDRAWINGS LAF TRK OMS Et T2/28/09 ... _ - _ ZDNIi G DRAWINGS S LAF TRKCMS DRAWINO NU%MM T-1 A 04/10/09 1FASE i)C1 ma PXO TRK CMS N0.1 DARE I REWIBWS 6Y CKK will SOME: AS SNO'H1) DESIGNED 9Y: TRK DRAWN 8(: MK NOTE:_ r� SEE STRUC7LlRAI.. REPORT FOR ANY ADDITIONAL INFORMATION REGARDING MODIFICATION AND ADDITIONS TO TOWER. NO WORK SHALL START WITHOUT THE APPROYEA STf3}GTURAI ANALYSIS. EXISTWa WATER TANK TO BE UTILIZED PROPOSED CLEARWIRE BACKHA JI- AND WMAX ANTENNAS MOUNTED TO EXTERIOR WALL OF WATER TAMC (TYP) TOP OF EXISTING WATER TAMC — EXISTNG VERIZON EQUIPMENT SHELTER TO REMAIN 0 SCALE: I" = 20'-0" SCOTT R. TRIPHAHN P.E. LICENSED PROFESSIONAL ENGINEER STATE OF MINNESOTA LICENSE 1 26633 EXPIRES:06 10 SIGNED:. Z_ / Y. x EXISTING T -MOBILE I EQUIPMENT PLATFORM TO REMAIN A, r— EXISTING CARRIER H -FRAME MOUNTED F-MIFMENT CA15NET \ TO REMAIN EING XISTCI-FAIN-LINK FENCE \ \ `TO REMAIN EXISTING ACCESS DOOR TO REMAIN PROPOSED CLEARWIRE H -FRAME MOUNTED EQUIFHENT CABINET. } (OPTION 2) EXISTM LADDER To REMAN r EXISTING SPRINT ELEVATED EQUIPMENT PLATFORh1 TO REMAN i – EXISTING GAR,GTE DOOR TO REMAIN -- EXISTING TRANSFORMER TO REMAN EXISTING GRAVEL DRIVE TO REMAIN SEE�STiaicn1RAL REPORT FOR ANY ADDITIONAL INFORMATION REGARDING4 MODIFICATION AND ADDITIONS TO TOHIi=R. NO ORO, SHALL START WITHOUT THE AFfIR7VED STRUCTURAL ANALYSIS. EXISTING CARRIER ANTENNAS �t ELEV= EXISTING CARRIER ANTENNAS di ELEY= ow -On EXISTNCZ CARRIER ANTEN4AS t ELEY= I31'-0" TOP TIP OF CLEARWiRE ANTENNA EV= 126'-w PROPOSED CLEARWIRE ANTENd ELF -Y- 125'_5;s-- TOWER Di NORTH SCALE: I" = 30'-0" 2 SITE NAME: MENDOTA HEIGHTS WATER TANK LEXINGTON AVE. S & 494 CLEARWIRE SITE ID: MN-MSPOO16 2M UEGNINrON AVOM M8WTA HIBIMM Wi 661120 1/20/10 T COMMUNICATION - LAF I TRN DEBION OUP, LLC. ZONING DRAWINGS WIRELESS INFRASTRUCTURE ;/I D/- 2675 Pmtum Avemie NoNma9 Estatat. llGnois 69192 PXG TRN PR (724) 293 "' PAX: (224) 29M444 www.wte gfneadlg.wm REVISIONS IL Ucensc No, 184-061108 Exp: 0473N11 COPYMGIiF O 21101V-TOOMMUNICADON DFPGROROUP. UC. SCALE: I" = 20'-0" SCOTT R. TRIPHAHN P.E. LICENSED PROFESSIONAL ENGINEER STATE OF MINNESOTA LICENSE 1 26633 EXPIRES:06 10 SIGNED:. Z_ / Y. x EXISTING T -MOBILE I EQUIPMENT PLATFORM TO REMAIN A, r— EXISTING CARRIER H -FRAME MOUNTED F-MIFMENT CA15NET \ TO REMAIN EING XISTCI-FAIN-LINK FENCE \ \ `TO REMAIN EXISTING ACCESS DOOR TO REMAIN PROPOSED CLEARWIRE H -FRAME MOUNTED EQUIFHENT CABINET. } (OPTION 2) EXISTM LADDER To REMAN r EXISTING SPRINT ELEVATED EQUIPMENT PLATFORh1 TO REMAN i – EXISTING GAR,GTE DOOR TO REMAIN -- EXISTING TRANSFORMER TO REMAN EXISTING GRAVEL DRIVE TO REMAIN SEE�STiaicn1RAL REPORT FOR ANY ADDITIONAL INFORMATION REGARDING4 MODIFICATION AND ADDITIONS TO TOHIi=R. NO ORO, SHALL START WITHOUT THE AFfIR7VED STRUCTURAL ANALYSIS. EXISTING CARRIER ANTENNAS �t ELEV= EXISTING CARRIER ANTENNAS di ELEY= ow -On EXISTNCZ CARRIER ANTEN4AS t ELEY= I31'-0" TOP TIP OF CLEARWiRE ANTENNA EV= 126'-w PROPOSED CLEARWIRE ANTENd ELF -Y- 125'_5;s-- TOWER Di NORTH SCALE: I" = 30'-0" 2 SITE NAME: MENDOTA HEIGHTS WATER TANK LEXINGTON AVE. S & 494 CLEARWIRE SITE ID: MN-MSPOO16 2M UEGNINrON AVOM M8WTA HIBIMM Wi 661120 1/20/10 REVISED ZONING DRAWINGS - LAF I TRN V -/OB ZONING DRAWINGS IAF TRX ;/I D/- LEASE EXHIBIT PXG TRN DATE REVISIONS BY CHIN : AS SHOWN DESIGNED BY TRK DRAWN OY-. MK EXISTINCa CARRIER ANTENNAS TO REMAIN ExISTNG CARRIER ANTENNAS TO REMAIN EXISTING CARRIER ANTENNAS TO REMAIN PROPOSED CLEAIWWRE . BACKHAUL AND WMAX ANTENNAS MOUNTED TO EXTERIOR WALL OF WATER TANK (TYP) EXISTM WATER TANK TO BE UTILIZED PRDJLL^f NUMM T091189 DRAww TDLE OVERALL SITE PLAN & TOWER ELEVATION DRAWNC MAIM C-'1 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING January 5, 2010 TO WHOM 1T MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:00 P.M., or as soon as possible thereafter, on Tuesday, January 26, 2010 in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Lawrence Coleman of FMHC Corporation for Clear Wireless, LLC for a Conditional Use Permit to collocate wireless equipment on the existing water tower located at the following described property: Lot 1, Block 1 Medallion Industrial Park (PIN: #27-48200-010-01) More particularly this property is located at 2431 Lexington Avenue This notice is pursuant to Title 12 (Zoning), Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452-1850. Print Preview Dakota County, MN Page 1 of 1 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, I inch = 276 feet appraisal, survey, or for zoning verification. http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData=Dakota C... 1/6/2010 Catholic Cemetery Arcadia Partners LLC Albert J Lauer Co 244 Dayton Ave 665 Arcadia Dr 16700 Chippendale Ave aint Paul Mn 55102-1802 Mendota Heights Mn 55118 Rosemount Mn 55068-1726 City Of Mendota Heights Office Of The City Administrator 1101 Victoria Cury Mendota Heights Mn 55118-4167 City Of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 Mn Mining & Manufacturing Co % 3M Company Tax Division Bldg 224-5N-40 Saint Paul Mn 55144 Mendota Heights Family Housing %Dakota County Cda 1228 Town Centre Dr Eagan Mn 55123 Independent School Dist 197 1897 Delaware Ave Mendota Heights Mn 55118 City Of Mendota Heights Office Of The City Administrator 1101 Victoria Cury Mendota Heights Mn 55118-4167 Riley Family Lexington Hts Lmt 2320 Lexington Ave S Mendota Heights Mn 55120-1215 Abelovitz Martin H & Karole 1850 Orchard HI Saint Paul Mn 55118-4168 CITY OF MENDOTA HEIGHTS MEMO DATE: January 26, 2010 TO: Planning Commission FROM: Jake Sedlacek, Assistant to the City AdministratQ 5 SUBJECT: 2030 Comprehensive Land Use Plan Update Discussion The Comprehensive Land Use Plan is the guiding document for the physical development of a community, and is required to be updated at least once every decade. Staff has processed the 2030 comprehensive plan update for just over a year now, including workshops with Planning Commission and Council, feedback from citizens and informal review by the Metropolitan Council. The draft comp plan which was provided to Planning Commissioners earlier this month is proposed to be submitted to the Metropolitan Council. As a part of the update process, the Planning Commission and City Council must review and approve of the draft update. Since distributing the January 5, 2010 draft, staff has collected a number of minor and grammatical changes which can be made at a staff level. Planning Commission needs to discuss the current draft, and determine their level of support for the existing document. Recommendation Staff recommends approval of the existing draft, with the minor and grammatical changes identified since -the issuance o lhtJan arv_5,2.010 draft, and including feedback provided from Planning Commission and City Council.c<<� Council Action Required This matter requires a simple majority vote by the Planning Commission. If the commission desires to implement the recommendation, pass a motion recommending submittal of the 2030 Comprehensive Plan Update to the Metropolitan Council, making any revisions the commission deems necessary. f � Page I of 1 t `� NORTHWEST ASSOCIATED s 4300 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2551 plan ners@nacplanning.com MEMORANDUM TO: Mendota Heights Planning Commission FROM: Carie Fuhrman/ Stephen Grittman DATE: January 21, 2010 RE: Mendota Heights — Zoning Ordinance Update NAC FILE: 254.07 This memorandum includes a general summary of the substantive Zoning Ordinance changes. There are numerous other changes to the text, most of which are technical, clerical, or for clarifying purposes. This memorandum is intended to complement the original table format, which summarized all of the various comments received, including those for which no change is proposed, and the most recently -updated Zoning Ordinance draft. Article D General Zoning Provisions 1 D-1: Nonconforming structures/uses (page 2). Changes in this section reflect recent amendment to State law regarding the rights of nonconformities, including the right to rebuild within specific timeframes, regardless of the cause of the discontinuance. Formerly, the code required an "act of God" type of loss, and prohibited replacement if more than 50% of the nonconformity were destroyed. Now, any nonconformity may be replaced if a permit is requested within 6 months, and replacement is done within 12 months. ID -3: Accessory Structures (page 3). Staff is currently revising this section to merge all of the accessory structure regulations into one section. The revised language will be forthcoming. ID -4: Front Yard Encroachments (page 6). Proposed language would allow covered and/or enclosed entryways to extend into the front yard setback through a conditional use permit, following specific regulations (cannot extend more than 5 feet; limited in size to 50 SF; and may not extend above the height of the ground floor level). 1 D-4: "String Rule" (page 7). Proposed language would change the string rule to permit some encroachment ahead of the current strict string line. The proposed change would average the adjacent setbacks and the required 30 foot setback to establish a modified front setback. For instance, if the average setback of the adjacent structures is 50 feet, and the required setback is 30 feet, the modified string line setback for the middle parcel would be 40 feet. The intent is to permit some forward encroachment allowing for remodeling projects without completely abandoning the string line concept. A figure will be inserted to illustrate the revised rule. 1 D-6: Fence regulations (page 10). Adds a requirement for industrial fences requiring compliance with residential fence regulations when abutting residential property. 1 D-9: Land Reclamation (page 14). Changes the requirements to refer to the City's land alteration regulations in other code. 1 D-10: Mining and Soil Processing (page 14). Delete these requirements in this Section, as the city has adopted other regulations pertaining to grading, drainage, etc., that make this language obsolete. 1 D-13-2: Exterior Surfaces (page 18). Adds a requirement for roofs to be included in the building construction review. 1D -13-2D: Landscaping Requirements (page 21). Adds six (6) species to the list of trees not allowed to be planted within the City. 1 D-13-3: Motor Fuel Stations and Motor Fuel Station Convenience Stores (page 22). Moved these requirements to this section from Article J — Special Zoning Provisions. Synchs the parking lot lighting section with the general site lighting standard proposed at 0.2 foot candles at the property line. 1 D-13-4: Drive In and Fast Food Restaurants (page 26). Moved these requirements to this section from Article J — Special Zoning Provisions. 1 D-13-5: Outside Storage in Residential Districts (page 27). Moved these requirements to this section from Article J — Special Zoning Provisions. Adds a requirement for compliance with the City's Property Maintenance Code relating to recreational vehicles. 1 D-14: Wireless Antennas, Towers, and Accessory Structures (page 29). Moved these requirements to this section from Article J — Special Zoning Provisions. 1 D-15: Signs (page 34). Moved these requirements to this section from Article J — Special Zoning Provisions. 1 D-16: Off Street Parking and Loading (page 39). Moved these requirements to this section from Article J — Special Zoning Provisions. 2 Provides for a revised standard for office parking that relates the amount of usable floor area which is common in suburban office parks (1 space per 200 square feet net usable area). Provides for a revised standard for retail parking that relates to gross area, and is consistent with predominant retail standards (1 space per 200 square feet gross floor area). Article E — R Residence Districts 1 E-1: Screening of materials (page 2). Corrects the amount of unscreened firewood storage to coordinate with Property Maintenance Code. 1 E-3: Conditional uses in the R-1 District (page 4). Adds reference to the allowance for 7 -person assisted living facilities as recently adopted. 1 E-8: Structure setbacks in the R-3 District (page 13). Proposes a slight increase in the setback requirements for multiple family buildings. Article F — B Business Districts 1 F-1: Side yard setbacks in the B-1 District (page 5). Proposes a slight increase in the side yard setback for B-1 buildings that exceed the height allowances (only allowed through a specific provision in the code for certain structures). 1F-3: Side yard setbacks in the B-2 District (page 11). Proposes a slight increase in the side yard setback for B-1 buildings that exceed the height allowances (only allowed through a specific provision in the code for certain structures). Article G — I Industrial District 1 G-2: Conditional Uses in the I District (page 3 and 4). Removes Contractor's Yards and Rental Units on a Motor Fuel Station from the list of potential conditional uses. Adds Accessory, Enclosed Retail Sales to the list of potential conditional uses as recently adopted. Article H — Planned Unit Development Districts These regulations have been merged with the other PUD regulations into Article K. Article H is now "Reserved." Article 1 — Performance Standards 11-1: Compliance with provisions (page 1). Makes a series of additions to MPCA standards to add language related to nuisance in addition to MPCA thresholds in the event MPCA will not provide enforcement assistance. 11-15: Lighting (page 3). Adds an objective lighting standard of 0.2 foot candles at shared property lines. It is common for commercial building projects to have a lighting "photometric" plan prepared by their lighting consultant/contractor. This plan can ensure that the intent of the language is met, and that properties do not create too much glare or light "spillage" onto adjacent parcels. Article J — Special Zoning Provisions These regulations have been merged into Article D: General Zoning Provisions. Article J is now "Reserved." Article K — Planned Unit Developments 1 K-1: Planned Unit Development. Several sections in this chapter designed to merge the two PUD sections into a single article. The current Article K is utilized as the base (this section specifies most of the standards for general PUD application), and the Article H language (relating to PUD zoning districts) has been imported into this new chapter. There are only a few technical corrections to the text necessary to merge the two. F.