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2000-03-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES MARCH 28, 2000 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 28, 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 Koll, Lorberbaum and Tilsen. Also present were Public Works Director Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Heidi Guenther, Recording Secretary. APPROVAL OF MINUTES Commissioner Tilsen moved to approve the minutes of February 22, 2000 meeting, revised to amend page two, paragraph two, to read "Commission and NSP that NSP also..." and to change the word "he" to "Mr. Black" on page seven, paragraph six. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 0 Commissioner Duggan moved to approve the minutes of January 25, 2000 meeting, revised to show on page seven that Koll voted to recommend denial of the lot split (not Tilsen), along with a correction on page 17 to read Conditional Use Pennit. Commissioner Koll seconded the motion. AYES: 3 NAYS: 0 ABSTAIN: 1 (Lorberbaum) Chair Duggan noted that the City Council is reviewing the Planning Commission member seats and new applicants at this time and the Commission will know more at the next meeting and be able to elect officers. CASE NO. #00-13: BOYD RATCHYE, SUSAN LIGHT, SCOTT & PHYLLIS MILLER REZONING FROM R-1 TO R-1B 970 — 1021 WAGON WHEEL TRAIL , 1 3/28/00 Chair Duggan opened the meeting for the purpose of a public hearing on an application to rezone five (5) properties along Wagon Wheel Trail between I-35E and Rogers Lake from R-1 to R-1B. No change to the land uses on the properties is requested at this time. Administrative Assistant Hollister explained the applicant has withdrawn this item at this time. Chair Duggan stated the Commission accepted this withdrawal. CASE NO. #00-14: DAVID FISCHER, US WEST WIRELESS LLC CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATIONS LEXINGTON AVENUE AND DAKOTA DRIVE Chair Duggan opened the meeting for the purpose of a public hearing on an application for a Conditional Use Permit to co-locate an antenna enclosure on an existing street light at the intersection of Lexington Avenue and Dakota Drive. A Conditional Use Pelmit is required in all zoning districts for telecommunications equipment by Ordinance #317. The City Planner recommended the Conditional Use Permit be issued, with the following conditions: 1. The "Unipack" be painted to match the light pole. 2. The light arm and lamp be replaced at its current height 3. All necessary permits are obtained. 4. All other conditions in Ordinance 317 are met. David Fischer, TJ.S West, explained that U.S. West Wireless would like to locate an antenna enclosure on an existing light pole on the southeast corner of Lexington Avenue and Dakota Drive. He stated the pole is currently 35 feet in height, and would become 50 feet in total height. The street light would be remounted at its existing height. The antenna enclosure is called a "Unipack" and encloses the antennas so as to camouflage them. It is a cylindrical enclosure and is the same diameter of the pole. The antenna will be a part of the U.S. West Personal Communications Services (PCS ) system. U.S. West would also add three (3) ground pedestals south of the pole. These pedestals would be five feet tall, 2.5 feet wide, and 2.5 feet deep. U.S. West has submitted an agreement for "Joint Use of Poles between Northern States Power Company and Northwestern Bell Telephone Company." Mr. Fischer noted they will also need a utility permit from Dakota County Highway Department for using the right-of-way. Chair Duggan asked how the cabinets were secured at ground level. Mr. Fischer stated the base stations were locked and secured to deter vandals. He explained the ground units were bullet proof as well. Commissioner Koll asked for the total weight of the ground units. Mr. Fischer stated the weight for each cabinet was 800 pounds and 1,100 pounds, respectively. He stated a possible third cabinet could be added if additional capacity was needed. 2 3/28/00 t‘ Chair Duggan inquired regarding the capacity of the two proposed cabinets. Mr. Fischer stated he would defer this question to the U.S. West engineer. Commissioner Koll asked for clarification on the co-location definition. Mr. Fischer stated U.S. West does consider this co-location because the pole would be replaced to meet the needed height and not built along side the existing light. Commissioner Koll questioned how much territory this tower would cover. Mr. Fischer stated this greatly depended on the density and topography of the area. He explained Dave Mitchell, an engineer for U.S. West Wireless, could help with these technical questions. Dave Mitchell reviewed a map of existing sites in service within the City. He explained the rings represent the current coverage areas and noted proposed site would fill a current dead zone for U.S. West Wireless. Commissioner Lorberbaum asked if Dodd Road would be covered with this antenna. Mr. Mitchell stated this area would not be covered with the proposed antenna. Commissioner Koll asked for an explanation of the statement within the planning case on the 15 mobiles within 1/2 to 4 miles. Mr. Mitchell stated this means there could be 15 simultaneous phone calls within the V2 to 4-mile radius of the proposed antenna. Commissioner Koll questioned the 11-foot extension to the top of the pole and asked why the applicant was not proposing to place the antenna atop of the existing pole. Mr. Mitchell stated the 50-foot pole is needed for the coverage objective from U.S. West. He explained the 11-foot extension allows them to double the coverage in this area for the antenna. Commissioner Koll stated there was an article in the December paper regarding a pike-o-cell (??) antenna. Mr. Mitchell stated this technology is currently in the Salt Lake area for the Olympics. He stated to move to this technology would have great limitations and would require a complete back fit on the current 400 antenna sites. Mr. Mitchell explained that type of teclmology would not reach the Minneapolis/St. Paul market in the near future. Commissioner Lorberbaum asked if the proposed antenna was for cellular phones or for Internet use as well. Mr. Mitchell stated this was for voice communication and web browsing at the same time. Commissioner Lorberbaum questioned if other sites were considered for this area and asked why only one location was brought before the Commission. Mr. Mitchell stated this site was chosen based of the current coverage needs. He explained that an industrial site was tested but the test results did not meet U.S. West's coverage needs. Mr. Mitchell indicated tests were done from the proposed site and contrived the best results. 3 3/28/00 Commissioner Lorberbaum complimented U.S. West on their co-location efforts and asked if any landscaping would be provided for screening of the ground units. Mr. Mitchell stated this was not planned but could be done if the Commission so desired. Commissioner Lorberbaum asked if U.S. West foresaw any additional towers within Mendota Heights in the near future. Mr. Mitchell stated he does not anticipate any additional towers within the next three to five years. He explained, however, that this would be completely customer driven. Mr. Mitchell indicated that if density were to increase a cell split could be done within the City. Commissioner Lorberbaum asked if U.S. West would look into replacing the high school antenna with the new technology style of antenna. Mr. Mitchell stated this would be difficult to determine and he would bring this suggestion back to his staff. Commissioner Tilsen stated he would like to make sure this is the best site for the antenna. He explained the proposed site is currently open and exposed, and near a prominent intersection. Commissioner Tilsen highly encouraged U.S. West to test locations near the proposed site to allow the Commission alternatives to review. • Chair Duggan asked if Dakota Bank was approached for antenna sites. Mr. Fischer stated they were approached and that the site did not return positive test results. Commissioner Tilsen asked if additional poles were tested in the area. Mr. Fischer stated the proposed pole provided the most positive results and this is the proposed site U.S. West is requesting approval of. Commissioner Tilsen stated his concern regarding the requested extension on the pole and explained he was not in favor of the 50-foot pole. He asked that two 35-foot poles be placed in the area to meet U.S. West's coverage needs. Mr. Fischer stated the current coverage objective cannot be reached with two 35-foot poles. Commissioner Tilsen encouraged the Commission to rethink their options on this case before approval was granted at the proposed site. Mr. Fischer asked that the Corrnnission understand that two 35-foot poles would not assist the coverage concerns that U.S. West was currently trying to meet by the proposed site. Commissioner Lorberbaum asked how this area was being covered in the past. Mr. Mitchell stated there was a weak signal from St. Paul but many calls are dropped in this area. He explained the proposed antenna would meet the coverage issue in this area. Commissioner Tilsen asked if the current site could be lowered by any amount. Mr. Fischer stated the proposed site and height would best meet the coverage and service needs of U.S. West. 4 3/28/00 Chair Duggan stated he understands the need for U.S. West but noted the Planning Commission also has to meet the needs of the Zoning Code and Mendota Heights residents. Chair Duggan asked for questions and comments from the audience. Tim Curly, 2049 Patricia, stated he would not like to see the antenna located at the proposed site. Mr. Curly explained the visual effects would be tremendous for those located in the vicinity. He indicated his mother and father own the land abutting the proposed site and asked that the site be moved to a commercial or industrial site. Mr. Curly stated he does not believe the heightened light pole should not be placed in a residential site. He added that the proposed pole would be much larger in diameter as well. There being no further questions or comments, Commissioner Lorberbaum moved that the hearing be closed. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 Chair Duggan stated the Commission is not allowed to discuss monetary issues with regard to antenna rental. • Commissioner Lorberbaum asked for the diameter of the current pole and the new pole. Mr. Mitchell stated he was uncertain of the diameter at this time. Commissioner Tilsen recommended that the applicant investigate additional sites and report back to the Commission or that this item be denied. Chair Duggan concurred and asked that U.S. West explore additional sites and report the test results to the Commission at the next meeting. Commissioner Lorberbaum asked if U.S. West would prefer a table or denial. Mr. Fischer stated they would accept either direction and continue on to City Council. Commissioner Lorberbaum suggested U.S. West present Council with a screening plan for the ground units, test results, and drop coverage rates in this area to better educate them on the current site. Commissioner Tilsen moved to deny the proposed antenna based on the rationale that it does not fit the co-location definition and that the proposed location is within a residential area. Commissioner Koll seconded the motion. AYES: 3 NAYS: 1 (Lorberbaum) 5 3/28/00 CASE NO. #00-15: MIKE HAYES, MENDOTA BIKE REZONING FROM R-1 & R-2 TO B-3 1040 DAKOTA DRIVE Chair Duggan opened the meeting for the purpose of a public hearing on an application to rezone the site of Mendota Bike, located at 1040 Dakota Drive, south of Highway 110 and east of Lexington Avenue. The property is currently in two zoning districts: B-2 and R-1. The owners would like all of the property to be zoned B-3. It was noted that the Mendota Bike parcel has two zoning districts designated on it. The split in its zoning shows the northern portion in the B-2 zone (35,400 sq. ft.) and the southern portion in the R-1 zone (12,096 sq. ft.). The applicants would like rezone the property so that the entire 1.09 acre parcel is zoned B-3. The property owners and potential buyers would like the opportunity to use the southern part of the lot for the business, potentially an accessory building. Under the R-1 zoning, an accessory building is not allowed until a principle structure is present. The rezoning is requested for the entire property to the B-3 zone, in order that small-motorized sports equipment could be a part of the sales and service aspect of the business. The City Planner recommends the entire property be rezoned to the same zoning district, so the property owner can make use of it. Further the Planner recommends that the property be rezoned to B-2, as the existing building is more in conformance to the B-2 standards, and because some of the B-3 uses allowed may not be suitable in such close proximity to the existing single family homes. Mike Wolf stated the current request is before the Commission to allow the applicant to use the entire parcel as a business parcel. Mark Hayes stated he bought the property in 1981 and was uncertain of the zoning at that time. Mr. Hayes noted he is looking to sell his business and the new owners would be interested in having this site as a B-2 zoned property. Mr. Wolf noted the B-3 zoning request would be withdrawn at this time and only pursued in the future if neighboring properties would allow it. Administrative Assistant Hollister stated this site has been split zoned B-2 and R-1 for as long as anyone at City Hall could remember and was uncertain of the history behind it. Chair Duggan stated the challenge is changing an R-1 portion of land to B-2. He asked if the proposed buyers have plans for the R-1 portion of the land. Mr. Wolf stated they are looking to add an outside accessory building for storage and would run the current shop as is. Ernie Thomas, a proposed buyer, reiterated that he is looking to run the bike shop as it currently states. He added they would be interested in adding wake boards, snowboards, and other extreme sports, if there was a market for these items. 6 3/28/00 Chair Duggan asked what would make the buyers propose a B-3 zoning. Mr. Thomas stated they were looking into selling scooters, which would require a B-3 zoning for small engine repair. Commissioner Tilsen asked what the setback was for properties adjacent to R-1 zoning. Planner McMonigal stated there was a 30 foot setback for those properties. Commissioner Tilsen stated he felt this was an odd shaped lot to begin with and this was a simple housekeeping issue to clean up the use of the site. Commissioner Lorberbaum stated she was in favor of the B-2 zoning over the B-3 and asked for clarification on the floor area ratio. Planner McMonigal stated this is the ratio of building site square footage versus the total site square footage. Commissioner Koll explained she was in favor of the B-2 zoning as well and stated her concerns are traffic and noise for the local residential area. Chair Duggan concurred. Chair Duggan asked for questions and comments from the audience. Brad Elken, property owner directly south of the applicant's site, stated this zoning change will greatly affect his property value. Mr. Elken stated drainage issues would be a concern for him and his lot if the residential lot were to be developed. Chair Duggan stated the applicant could not grade this site without approval from the City and that no drainage would be allowed to run on to his lot. Mr. Elken stated he is concerned about the noise level if an additional building was built on the . R-1 portion of the site. Chair Duggan stated a buffer could be placed at the edge of his lot but the bike shop does not have sound restrictions under the City Ordinance. Commissioner Tilsen asked what the setbacks would be for an accessory structure next to the R- 1 district. Commissioner Koll stated this would be 30 feet or the height of the structure, whichever is greater. Commissioner Tilsen explained Mr. Elken could purchase the R-1 property to control the use of this lot and to raise his property value. Peter Hansa, 995 William Court, expressed concern for noise pollution from the air grinder the bike shop uses and that operate on Sundays. Mr. Hansa stated he does not want to see any additional infringement on his neighborhood and believes this lot should maintain its R-1 zoning. Commissioner Koll asked for clarification on the white wall near this site. Tim Curly, Curly Furniture, stated the white wall was put up for a buffer to the residential areas abutting the B-2 district. He explained his place of business is adjacent to the bike shop and he has no problems with their operation. Mr. Curly stated the R-1 site in question could not be used for a residential home due to the slope on the site. Chair Duggan asked if there was an easement on the R-1 property. 7 3/28/00 Robert Clemens, 989 William Court, stated there is a 20-foot easement on the R-1 property for drainage and that water runs through his property as well. Mr. Hansa questioned the light pollution from the bike shop. He stated the parking lot lighting was excessive. Chair Duggan asked if he has brought this issue to the City prior to the meeting. Mr. Hansa stated he had not. Chair Duggan stated the City could monitor this and that state regulations keep lighting in line with these regulations. There being no further questions or comments, Commissioner Lorberbaum moved that the hearing be closed. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen encouraged Thomas to communicate with the neighbors to continue a positive relationship. Commissioner Koll moved to recommend the property be rezoned to B-2. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 0 Chair Duggan called for a recess at 9:32 p.m. The meeting reconvened at 9:36 p.m. CASE NO. #00-16: BUELL CONSULTING, INC. (METRICOM) CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATIONS Chair Duggan opened the meeting for the purpose of a public hearing on an application for a Conditional Use Permit to attach radios to light and power poles for wireless high speed Internet access. The radios are proposed for poles that are located in the right-of-way. These radios would provide Internet access to local customers without using telephone lines. It was noted that Metricom, Inc. would like to locate approximately 50 radios on existing light and power poles throughout the City. The radios are "shoebox" sized, at 12 inches by 4 inches and 6 3/4 inches wide. The boxes are white in color, which Metricom states is needed for proper heat dissipation. Metricom expects that seven (7) or more radios per square mile are needed for adequate coverage. The radio fixtures will be painted white, which should blend into the background sky. Buell has submitted information on communications interference as required in the Ordinance. In its Letter of Intent, Buell Consulting notes that the benefit to the City will be the availability of wireless high speed internet access to residents and businesses. 8 3/28/00 The City Planner recommended that a Conditional Use Permit for approximately 50 Metricom radios to be located on light and power poles throughout the City be issued, with the following conditions: 1. A map of the finalized locations is submitted to the City, prior to any placement of radios. 2. Prior to installation, a right-of-way Agreement between the applicant and City is signed. 3. All other conditions in Ordinance 317 are met. Bill Buell, President of Metricom, explained the metropolitan area of Minneapolis/St. Paul has been selected as a test site and that Mendota Heights would be included in this area for wireless Internet services. He reviewed the history of his company and the use of his company's products. Chair Duggan asked for an estimate on the price for the wireless Internet services. Mr. Buell stated a rough estimate is $45.00 per month, which is comparable to a telephone line and wire internet service providers. Mr. Buell reviewed several photographs of their radio components and stated there are no wires, antennas, or single standing structures for his components. Chair Duggan asked for the coverage area per unit. Mr. Buell stated each user should be within a quarter of a mile of a unit. He stated two or three units would benefit the user. Mr. Buell stated each unit weighs twelve pounds and the use per radio is virtually unlimited. He stated this is due to the fact the frequency is not limited within this system. Mr. Buell reviewed a conceptual map with the Commission. Commissioner Lorberbaum asked if all residential areas would be covered within the City limits. Mr. Buell stated all areas of the City would be covered if not shown on this map, a blanket coverage would be provided. Chair Duggan stated he was disappointed that a final map was not provided. Mr. Buell stated a final map would not be created until approval was granted by City Council. Commissioner Tilsen asked how all the radio signals were combined. Mr. Buell stated there would be a need for an antenna and the water tower was a proposed site. Commissioner Tilsen stated he feels the "cart is before the horse" in that a central location has not been approved. Commissioner Lorberbaum asked if there was an effect on the placement of the wired access point. Mr. Buell stated there was no limit or traffic effect on the speed of the services. 9 3/28/00 Commissioner Koll asked who owns Metricom. Mr. Buell stated Metricom was owned by its shareholders. Commissioner Koll asked if there was any anticipated interference for this system. Mr. Buell stated there would be no interference with the system due to the fact it skips frequencies every 400 milliseconds. Chair Duggan asked if the Minnesota weather conditions would be a concern. Mr. Buell stated this has been tested and found the radios work well in colder climates. Commissioner Tilsen stated this request was a true co-location that the City could be in favor of. The Commission members concurred. Commissioner Koll asked if the City could have silver radios installed versus the white. Mr. Buell stated he was not certain but that he would check into this. Chair Duggan asked for questions and comments from the audience. There being no questions or comments, Commissioner Lorberbaum moved that the hearing be closed. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen stated he was concerned about the blanket tean within this application. He asked if the City would have approval over the placement of any additional radios needed. Mr. Buell stated the standard right-of-way agreement would allow the City to approve or disapprove the location of each radio and that a final map would be provided to the City after installation was complete. Commissioner Tilsen asked if the City has possession of a right-of-way agreement. Public Works Director Danielson stated the City does have possession of this agreement. He noted the only concern with this system will be with housing developments where utilities are completely underground. Commissioner Lorberbaum asked what the time frame is for the installation of these units, if approved. Mr. Buell stated the installation is proposed for fourth quarter of 2000. Commissioner Koll asked if there was any required maintenance for the radio units. Mr. Buell stated Metricom does have a presence in the metropolitan area for routine maintenance. He explained that each radio is monitored each hour and that they would be replaced if malfunctioning. Mr. Buell explained it would be the responsibility of Metricom to remove units from poles that are being taken down and to replace them. 10 3/28/00 Commissioner Tilsen moved to recommend approval of installation of the 75 radios for Metricom based on the following conditions: 1. A map of the finalized locations is submitted to the City, prior to any placement of radios. 2. Prior to installation, a right-of-way Agreement between the applicant and City is signed. 3. All other conditions in Ordinance 317 are met. 4. That silver radios be installed, if possible. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 0 CASE NO. #00-17: CHADWICK C. LANGSTON CONDITIONAL USE PERMIT FOR A DETACHED GARAGE 1603 DODD ROAD Chair Duggan opened the meeting for the purpose of a public hearing on an application for a Conditional Use Permit and a front yard setback variance to construct a detached garage of 748 square feet at 1603 Dodd Road. A conditional Use Permit is required for all detached garages. It was noted that Mr. Langston would like to remove the existing attached garage from his home as it is in disrepair. In considering replacing the garage and consulting on the historical background of his home, he determined that a detached garage with the same roof pitch and the same building materials and color would be best in keeping the historical character of the home and site. The property has access to Dodd Road and to Wentworth Avenue. The applicant intends to close the Wentworth access and use the Dodd Road access only. The garage is proposed to be located 12 feet from the side property line and a 10-foot setback is required. It is 32-feet from the front property line along Dodd Road, and a 30-foot setback is required. The garage is proposed to be 748 square feet in size (34' x 22'), with a 6/12 pitch roof. The building materials include 4 V2 inch siding, with cedar trim to match the existing house. The height of the garage is shown to be 13 feet; a maximum of 15-feet is allowed. Two garage doors (and one- person door) are proposed to face north. The City Planner recommended the Conditional Use Permit be approved, with the following conditions: 1. The garage matches the house materials, colors and roof pitch. Chair Duggan asked for questions and comments from the audience. Chadwick Langston, 1603 Dodd Road, addressed the Commission and stated the current setback would be maintained from Wentworth Avenue. He explained the proposed site would be the best 11 3/28/00 location for the garage and that he has the safety of his family in mind. Mr. Langston noted the existing attached garage would be removed. Chair Duggan asked if the applicant understands he would have to match the color of the garage to the house. Mr. Langston stated this issue would not be a concern. Planner McMonigal stated there is a concern with the placement of the garage in relation to the home. She explained the garage is more forward than the house, which requires an additional variance. Planner McMonigal explained this would require approval of the front yard setback and a variance for the placement ahead of the principle structure. Commissioner Lorberbaum asked why the structure is proposed in at this location. Mr. Langston stated the placement was chosen for the safety of his children. He added that an original milk house on the site is being preserved by the placement of the garage at this site as well. Mr. Langston indicated he is working in line with the historical society to keep this site preserved. Commissioner Tilsen explained the grade of the proposed site may be a concern due to the fact the plan does not have it pictured and asked if the applicant had a timeline. Mr. Langston stated this is a slow time for him and he was hoping to have this item proceed. He noted the grade change would not effect the proposed structure because it would be placed over the existing garage site. Commissioner Tilsen stated he would like the applicant to provide an updated picture with grade before the item were to proceed to Council. Chair Duggan stated the Commission could recommend that the applicant have a detailed picture and discussion for the proposed placement for the Council to review. Commissioner Tilsen agreed and added that the applicant may want to prove the hardship of this site to detail the needs of the applicant. He stated the applicant could use the uniqueness of the site as the hardship. Chair Duggan stated this drawing would give the applicant greater information on this site to see if the proposed placement does work. He explained that staff would be available to help him with the drawings and measurements needed for the proposed addition. Commissioner Tilsen encouraged the applicant to use an architectural design that benefits the historical preservation of the site. Mr. Langston noted this would be done and that the historical society would be contacted. There being no further questions or comments, Commissioner Koll moved that the hearing be closed. Commissioner Tilsen seconded the motion. 12 3/28/00 AYES: 4 NAYS: 0 Commissioner Tilsen moved to table this item to the April meeting for additional discussion. Commissioner Lorberbaum seconded the motion. AYES: 4 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 on Council action taken on planning cases, and updated the Commission on the NSP issue. Chair Duggan thanked Meg McMonigal for her work with the Planning Commission and wished her well in her next venture. ADJOURNMENT There being no further business, the Planning Commission, Commissioner Lorberbaum moved to adjourn its meeting at 10:39 p.m. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 Respectfully submitted, Heidi Guenther Recording Secretary TimeSaver Off Site Secretarial, Inc. 13 3/28/00