Loading...
2000-10-24 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES OCTOBER 24, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 24, 2000, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commissioners were present: Chair Duggan, and Commissioners Betlej, Friel, Koll, Lorberbaum, McManus, and Vitelli. Also present were Public Works Director Danielson, Planner Stephen Grittman, Administrative Assistant Patrick Hollister and Heidi Guenther, Recording Secretary. APPROVAL OF MINUTES Commissioner Betlej moved to approve the minutes of September 26, 2000 meeting as amended. Chairperson Lorberbaum seconded the motion. AYES: 7 NAYS: 0 CASE NO. #00 -41: BRET AND KIM BLAESER THREE -FOOT HEIGHT VARIANCE AND OPACITY VARIANCE FOR FENCE IN SIDE YARD AT 2350 COPPERFIELD DRIVE Chair Duggan explained this was a public hearing for the purpose of discussion on a setback/height variance for a fence in the side yard at 2350 Copperfield Drive for Bret and Kim Blaeser. Planner Grittman reviewed the Planning Case with the Commission and noted the applicants have applied for a variance from the height and opacity standards to allow the construction of a privacy fence in a side yard adjacent to a public street. He stated the property in question was a corner lot that fronts Copperfield Drive, with their side yard abutting Delaware Avenue. Planner Grittman indicated the applicants feel the fence is necessary to protect the rear yard from visibility and the impact of traffic along Delaware Avenue. He added that this request is similar to others, which have been approved along Delaware Avenue in this area. However, Planner Grittman indicated he did not recommend approval of the variance due to the language of hardship and reasonable use required for variance consideration. He stated the ordinance language is under review by the City Attorney at this time. 1 10/24/00 Chair Duggan asked if the attorney language had been forwarded to Planner Grittman for his review. Planner Grittman indicated he was given the draft language but that it had not been finalized at this time. Commissioner Lorberbaum asked when the revised Ordinance language would be before the Commission. Danielson noted it would be before the Planning Commission at the November meeting for review and recommendation to the Council changing the need for a variance to the need for a conditional use permit. Chair Duggan asked for questions and comments from the audience. Kim Blaeser, 2350 Copperfield Drive, noted she would not like to delay this process as she has presented her application before the amendment was completed. Ms. Blaeser stated she understands the concern for privacy fences and the appearance of them throughout the neighborhoods. She indicated her proposed fence would be three to five feet from her property line where spruce trees would screen the fence from Delaware Avenue. Ms. Blaeser explained vines would be planted on the fence to again raise the aesthetic appeal of the fence. She noted Delaware Avenue was higher than her backyard, which actually lowers the visual height of the fence from the roadway. Commissioner Koll stated she had no concerns with the fence and saw the request as a safety and privacy issue. She added that this would not be a precedence issue as neighboring fences are well screened with landscaping as the applicant is proposing. Commissioner Lorberbaum indicated she did see the need for this fence in visiting the property and stated she was in favor of the request. Commissioner Vitelli concurred. Commissioner McManus thanked the applicant for the letter addressed to the Commission on the background of this issue. She indicated it was extremely helpful in updating the Commission members of her concerns. There being no further questions or comments, Commissioner Betlej moved that the hearing be closed. Chair Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Koll moved to recommend approval of Case No. #00-41 a three foot height variance and an opacity variance to install a fence in the side yard setback for Bret and Kim Blaeser at 2350 Copperfield Drive, naming the hardships as safety, noise and due to the fact the lot was a corner lot. 2 10/24/00 ) Commissioner Betlej seconded the motion. AYES: 6 NAYS: 1 (Friel) CASE NO. #00-37: AT&T WIRELESS SERVICES - CONTINUED CONDITIONAL USE PERMIT AND VARIANCE TO ADD 30 FEET TO THE EXISTING 95-FOOT MONOPOLE TOWER 1168 NORTHLAND DRIVE Chair Duggan explained this was a continued public hearing for the purpose of discussion on a conditional use permit and variance to add 30 feet to the existing 95-foot monopole tower located at 1168 Northland Drive by AT&T Wireless Services. Commissioner Friel recused himself from this discussion due to a conflict of interest and left the room. Chair Duggan asked for questions and comments from the audience. Peter Beck, AT&T Representative, addressed the concerns that arose at the past meeting. He noted the three issues brought up at the last meeting were landscaping, the implications of additional pole height, and safety concerns at the current site. Mr. Beck stated the current landscaping was adequate by City standards but does require maintenance. Mr. Beck indicated a drive test was completed at the existing height and at the proposed 120-foot height. He noted at the current height problems arose on the eastern end of1-494 and Highway 55. Mr. Beck stated the drive test proved the additional height would solve the concerns in these areas with a high level of success. He noted the additional height provided for approximately a 90-95% level of coverage. Commissioner Lorberbaum asked why the measuring scales differed so greatly. Julie Townsend, consultant for AT&T, added that the differences in scales comes from the fact one cell site was existing and the other was a faux site. Mr. Beck stated both scales were measuring the signal strength. Chair Duggan asked if the test was completed over a day or several hours. Mr. Beck noted the test was completed over several hours during one day. He added that the request for additional tower height would not be before the City unless a need was warranted. Commissioner Vitelli noted he felt the information and data before the Commission was adequate and asked that the Commission move forward with this item. He asked if the proposed height was a five-year solution or if AT&T foresaw a need for additional height in the near 3 10/24/00 future. Mr. Beck stated he does not see a need for greater height in the future but noted capacity may be an issue if customer use were to grow beyond the limits of the current cell site. Chair Duggan asked if additional site locations were sought after. Mr. Beck stated the current site meets the needs of AT &T if raised to the 120 -foot tower level. Commissioner Lorberbaum asked if Highway 55 coverage was the issue along with property to the north. Mr. Beck stated the land to the north would not be corrected with this site, but through an additional cell site north of Mendota Heights. Commissioner Lorberbaum asked why a site wasn't being proposed on Wescott Road to meet the current areas of concern. Mr. Beck indicated the additional cell site would create better coverage for AT &T customers but noted cost was a concern and may not prove to be effective. Chair Duggan asked when a dead zone was addressed by AT &T with an additional pole. Mr. Beck stated he didn't feel there was a fixed number of calls. He indicated AT &T would just like to serve their clients better through increased signals and service. Commissioner McManus noted concern for the test results, as areas are still not being met with the increased height. Commissioner Betlej asked how areas went from green to negative results. He stated these results are raising questions by the Commission as to the accuracy of the test results. Mr. Beck stated the test was completed by an engineer and does prove to be accurate as to the signals received throughout the City. Chair Duggan asked that AT &T provide the Council with a written test result report from the AT &T engineer that conducted this test for them to review. He indicated this would assist in their decision and explain coverage issues to a greater extent. Commissioner Koll noted she was concerned with the aesthetics and proliferation of towers throughout the City. Mr. Beck indicated this was a current cell site and would not be adversely affecting residential neighborhoods. He noted the additional height would allow the tower to provide co- location and to increase capacity without increasing the number of towers in the City. Mr. Beck stated he felt this was in line with the Commission and Council's desires. Chair Duggan questioned if the co- locaters on the tower would be able to provide 100% service at the lower tower height or if they would need additional towers. Mr. Beck stated the federal government feels cellular services were essential and noted local governments cannot deny the need for towers to meet the needs of customers. Commissioner Vitelli asked if there were any written complaints for the tower at this time and noted he was in favor of this item as is. Public Works Director Danielson indicated he is not 4 10/24/00 ) ) aware of any complaints and stated the public hearing was published in the paper to raise awareness. Commissioner Betlej indicated the five-year plan for this tower calls for an additional 30 feet. He questioned if the next five years has been speculated. Mr. Beck indicated the capacity for this area was a lot higher than anticipated which leaves the future somewhat open at this time. He indicated the system would be altered as need and technology continues to change. Commissioner Betlej asked if the future projects additional towers at a lower height, why AT&T was proposing a 30-foot height increase. Mr. Beck stated this could be what the future holds, but by increasing the height at this facility, service from AT&T would be increased. He noted the increased height would allow for co-location without adding an additional tower to the City. Commissioner Lorberbaum asked how additional providers and equipment would be added to this lot and if it would be landscaped. Mr. Beck indicated land would need to be leased from the City. He noted the landscaping and placement would be left up to staff at the time of the request. Chair Duggan asked if there were setback requirements for these utility buildings. Public Works Director Danielson noted the utility buildings would need to be at least five feet apart for fire emergency purposes. Chair Duggan asked that the number of failed calls be reported to the Council when asking for their approval. Mr. Beck stated there was not a way to quantify this information as dropped calls are only totaled for the entire system. Chair Duggan stated if the total number of dropped calls was uncertain, then how did AT&T know there was a need in this area. Mr. Beck stated the test study proved that the City has weak signals throughout the 1-494 highway that could be better served at 120 feet. Commissioner Koll asked if the height would affect the FAA. Mr. Beck noted this was brought to the FAA and there were no concerns at this time. He added that the tower would not have to be lit. Mr. Beck indicated the additional 30 feet would put this tower at the same height as interstate highway intersection lights. There being no further questions or comments, Commissioner Betlej moved that the hearing be closed. Commissioner Koll seconded the motion. AYES: 6 NAYS: 0 Chair Duggan asked for recommendations from the Commission members. 5 10/24/00 Commissioner Lorberbaum noted she felt the information brought forth by AT&T was not adequate to plead their case for an additional 30 feet to the existing monopole. Commissioner Betlej concurred stating denial of this request would not disallow for cellular service in the City. Commissioner Koll stated she felt this item was not objectionable as it was in an industrial area surrounded by interstate lights at a similar height. Commissioner Lorberbaum moved to recommend denial of the conditional use permit and variance to add 30 feet to the existing 95-foot monopole tower at 1168 Northland Drive for AT&T Wireless Services. Commissioner Betlej seconded the motion. AYES: 3 NAYS: 3 (Koll, Vitelli and McManus) Commissioner Vitelli moved to recommend approval of the conditional use permit and variance to add 30 feet to the existing 95-foot monopole tower at 1168 Northland Drive for AT&T Wireless Services requesting a needs assessment report from AT&T as this item goes before the Council. Commissioner Koll seconded the motion. AYES: 4 NAYS: 2 (Lorberbaum and Betlej) (Commissioner Friel was not present in the chambers during the hearing discussion and vote and did not vote on the matter.) ORDINANCE AMENDMENT — PRIVATE ACCESSORY ANTENNAS Chair Duggan explained this was a public hearing for the purpose of discussion on the Antenna Ordinance Amendment. Planner Grittman reviewed the Planning Case with the Commission and noted staff had previously forwarded a draft ordinance for the regulation of accessory antennas, which was reviewed by the Planning Commission in September. He explained the amendments with the Commission as proposed by the City Attorney. Planner Grittman indicated staff recommends adoption of an ordinance regulating accessory antennas due to the lack of current standards in the City Code. Chair Duggan questioned the need for screening in commercial districts. Planner Grittman noted roof mounted antennas were currently screened from roadway traffic as they are atop buildings. 6 10/24/00 1 Commissioner Lorberbaum asked if residential style antennas would have or if they needed screening. Planner Grittman stated with all the stipulations on size and location, the screening could be in violation of residential rights. He added that screening would be difficult to monitor as well. Commissioner Vitelli asked for the comfort level of staff at this time with this ordinance amendment. Planner Grittman stated he has a high level of comfort noting there was always room for adjustments, as various cases within the City arise. Chair Duggan questioned if safety wires were included with the accessory antenna structure. Planner Grittman noted all structures would be reviewed by the building official for safety within the residential zoning district. Commissioner Friel indicated he felt the screening within the commercial zoning district might raise concern due to the fact it is not required within the residential zoning district. He added that he was having difficulty understanding why the Commission was so focused on residential and commercial TV antennas when the problem is with amateur radio antennae. Planner Grittman noted the language provided was the City Attorney's best effort to address all concerns for the residential zoning districts. Commissioner Friel asked if the accessory structure ordinance applied to amateur radio towers as well. Public Works Director Danielson noted this was the case in the past. Commissioner Friel indicated he had hoped these amendments would more greatly address the stipulations for amateur radio towers. Commissioner Koll asked how one meter in antenna size was arrived at. Planner Grittman indicated this was set through various court cases. Commissioner Betlej asked if the 12-foot height restriction could be set without the conditional use process. Planner Grittman indicated the conditional use permit process allows for amendments to this height based on a case-by-case review by the Planning Commission and City Council. Commissioner Betlej asked if the FCC allowed for two-meter antennas in the commercial zoning district. He questioned if more than one antenna could be placed within the commercial zoning district. Chair Duggan indicated he felt the Commission would like the commercial zoning district requirements under a separate ordinance. Commissioner Vitelli asked what the risk would be of not having this Ordinance in place. Commissioner Friel indicated this Ordinance was supposed to be created to address amateur radio towers within the City due to past lawsuits. 7 10/24/00 1 Chair Duggan noted he felt this item should return back to the City Attorney to address the current concerns about amateur radio towers in greater detail, which could be addressed at next month's meeting. Chair Duggan asked for questions and comments from the audience. There being no further questions or comments, Commissioner Friel moved that the hearing be closed. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 Commissioner Vitelli moved to recommend continuation of the discussion of the Antenna Ordinance Amendment, advising the City Attorney to work with the City Planner to further address the issues at hand regarding Amateur Radio Towers and Commercial Antennas. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Friel moved to recommend approval of staff continuing the antenna moratorium for three months. Commissioner Vitelli seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW Chair Duggan requested a verbal review of the matters, which were submitted to the City Council for their consideration. Public Works Director Danielson informed the Commission of Council action taken on recent planning cases. ADJOURNMENT There being no further business, the Planning Commission, Commissioner Betlej moved to adjourn its meeting at 9:25 p.m. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 8 10124/00 Respectfully submitted, Heidi Guenther Recording Secretary TimeSaver Off Site Secretarial, Inc. 9 10/24/00