Loading...
HomeMy WebLinkAbout4-7-10 Regular PC Minutes Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 7, 2010 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Clayton Larson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Roberta Thompson, Clayton Zimmerman, Andy Holewa, Elizabeth Modesette, Daniel Reiff (arrived at 6:32 p.m.), and Samuel Scott Absent: None. Also present were: Council Member, David Grant; City Planner I, Meagan Beekman; Community Development Director James Lehnhoff; Vanessa Ranallo; Mr. Bob Moser, Owner of Moser Homes, Inc.; Steve Trueman, Clearwire Wireless LLC; and Recording Secretary, Tina Borg APPROVAL OF AGENDA – April 7, 2010 Chair Larson stated Item 3.D. would be removed from the agenda. The Agenda was approved as amended. APPROVAL OF MINUTES A.March 3, 2010 – Planning Commission Regular Meeting Commissioner Zimmerman moved, seconded by Commissioner Thompson, to approve the March 3, 2010, Planning Commission Regular Meeting minutes as presented. The motion carried unanimously (6-0). B.March 3, 2010 – Planning Commission Work Session Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the March 3, 2010, Planning Commission Work Session Meeting minutes as presented. The motion carried unanimously (7-0). ARDEN HILLS PLANNING COMMISSION – April 7, 2010 2 PLANNING CASES A.Planning Case 09-022; Variance; 1563 Edgewater Avenue; Mr. and Mrs. Ranallo – Not a Public Hearing City Planner Meagan Beekman reported the applicants are requesting a variance to construct a new home at the property located at 1563 Edgewater Avenue. The structure would encroach 5.11 feet into the east yard setback. All other setback requirements would be met. She then provided background information and said that Staff offers the following seventeen findings of fact for review: General Findings: 1.The lot size meets the requirements of the R-1 Zoning District. 2.The lot meets the depth requirements for the R-1 Zoning District. 3.The lot is only 70 feet wide which does not meet the 95 foot width requirement for the R-1 Zoning District. 4.The applicant is proposing to demolish the existing home and construct a new home in its place. 5.The existing home currently encroaches into both side yard setbacks. 6.The proposed home would increase the setback on the west side of the property from 7.9 feet to ten feet, bringing it into conformance with the current Code. The front and lakeside setbacks would meet the minimum requirements of the Code. 7.The proposed home would encroach 5.1 feet into the required 15-foot side yard setback to the east. 8.The proposed structure coverage meets the requirements of the R-1 Zoning District. 9.The proposed minimum landscape area meets the requirements of the R-1 Zoning District. 10.The proposed home would not exceed 35 feet in height. 11.The proposed garage is outside of the 100-year flood plain, wetlands, and easements. 12.There is no proposed tree removal for this project. Variance Findings: 13.Single-family homes are a reasonable use within the R-1 Zoning District because they are permitted within the Zoning Code. 14.The property is unique in the City due to the narrowness of the lot and steep topography to the north. 15.The circumstances of the property were not created by the landowner because the lost was platted prior to their taking ownership. 16.The proposed east side yard setback encroachment would not alter the essential character of the neighborhood because most of the homes in this area are nonconforming in terms of side yard setbacks and the west side yard setback would be increased to meet the requirements of the Code. 17.The construction and location of the home is not based on economic considerations alone, because tree preservation, distance to the lake, location of neighboring properties, and setback considerations were the primary reason for the proposed layout and location of the home. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 3 3.A. Planning Case 09-022; Variance; 1563 Edgewater Avenue; Mr. and Mrs. Ranallo – Not a Public Hearing (continued) City Planner Beekman stated that with a motion to approve or deny the variance the findings or reasons for the motion must be stated and if the Planning Commission recommends approval of the variance, Staff recommends the following five conditions: 1.The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2.Building, Grading, and Erosion Control, and Demolition permits shall be obtained by the property owner. 3.The structure shall conform to all other regulations in the City Code. 4.The applicant shall obtain approval or waiver from the Rice Creek Watershed District prior to the issuance of any building permits. 5.The applicant shall submit a Shoreland Mitigation plan to the City in accordance with Section 1330.03 Subd. 7E subject to the approval of the City Planner. Chair Larson opened the floor to Commission questions. Chair Larson asked the builder if this house was designed specifically for this lot and if it could have been designed to meet all the setbacks. Mr. Bob Moser, owner of Moser Homes, Inc., stated the home was designed for this specific lot and was modified based on the comments of the Planning Commission when it was previously submitted and the new Shoreland Regulations that were recently adopted by the City. The home is utilizing the current footprint. It would have been difficult to design a home that would meet all the setbacks for this particular lot and keep with the aesthetics of the neighborhood and the still meet the needs of the homeowner. Commissioner Zimmerman asked what the square footage of the proposed home is compared to the current home. Mr. Moser stated the proposed square footage for the main level is about 1800 square foot and the second level is less than this. There is not a significant gain in square footage but the design of the home has features that the current home does not. He also pointed out that the setback on one side of the home was being decreased from what it is currently. City Planner Beekman stated the current footprint is for a home that has 1753 square feet on the main floor. Chair Larson noted there is a two-car garage. He asked if this was correct. Mr. Moser explained that in an effort to meet the setback requirements the footprint of dictated that only a two-car garage would be allowed. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 4 Commissioner Zimmerman moved, seconded by Commissioner Modesette to recommend approval of Planning Case 09-022 for a variance at 1563 Edgewater ARDEN HILLS PLANNING COMMISSION – April 7, 2010 5 3.A. Planning Case 09-022; Variance; 1563 Edgewater Avenue; Mr. and Mrs. Ranallo – Not a Public Hearing (continued) Avenue based on the findings of fact and the submitted plans, as amended by the five conditions in the April 7, 2010, planning case report. Commissioner Scott stated the proposed home would be an added feature to the neighborhood and is keeping with the neighborhood. Chair Larson stated since the home had been designed for this lot it could have been designed to meet all the setbacks. Commissioner Zimmerman stated the applicants had done a lot of work to fit the design of the proposed home within the footprint of the existing home and the setbacks are consistent with the neighborhood. Commissioner Modesette agreed with Commissioner Zimmerman. The motion was called to a vote. The motion carried unanimously (7-0). B.Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Reiling – Public Hearing City Planner Beekman stated the applicant is requesting a Zoning Code amendment to make existing non-conforming communications towers conforming so that additional antennas, at a height greater that 75-feet, may be placed on them. The applicant is also requesting a Conditional Use Permit (CUP) Amendment to Planning Case 72-024 for the tower at 1296 County Road F to allow up to 21 antennas to be located, replaced, or relocated on the tower without the need for additional CUP Amendments. The CUP amendment is contingent upon approval of the Zoning Code amendment. She provided background information and stated the Planning Commission must make a finding as to whether or not the proposed zoning code amendment meets the goals of the City and if the conditional use permit is in conformance with the zoning code. Staff offers the following sixteen findings for consideration: General Findings: 1.The property is 2.76 acres and is zones I-1: Limited Industrial District. 2.The antenna tower was constructed in 1972 in planning case 72-024. 3.The antenna tower is 240 feet tall. 4.The existing conditional use permit provides for seven dish antennas at specific heights as noted in the CUP. 5.Zoning Code changes after 1972 have made the tower a legal, non-conforming structure because it is the primary use of the site and exceeds the 75-foot height limit. 6.The antenna tower has 30 antennas as listed in the structural analysis report provided in the January 27, 2010, Ulteig report. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 6 3.B. Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Reiling – Public Hearing (continued) 7.The current configuration of 30 antennas exceeds the number of antennas approved in the 1972 Conditional Use Permit. On the Zoning Code Amendment: 8.The proposed Zoning Code amendment would support the City’s goal of reducing the potential need for additional antennas in the City. 9.The proposed Zoning Code amendment does not conflict with the 2030 Comprehensive Plan. On the Conditional Use Permit Evaluation Criteria: 10.The proposed plan would not have any impact on traffic or parking conditions. 11.The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste, and other nuisance characteristics. 12.The proposed plan will not impact drainage. 13.The proposed plan will not impact population density. 14.The proposed plan is not expected to increase the visual impact since the tower is already in place and the additional antennas would add minimal bulk to the structure. Additional antennas or changing antenna locations should not impact the surrounding property values. 15.Park dedications are not applicable. 16.The proposed CUP amendment does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. City Planner Beekman stated if the Planning Commission recommends approval of Planning Case 09-023, Staff recommends including the following seven conditions: 1.Within 45 days of approval the applicant shall submit after-the-fact building permits, supporting information, and fees as required by the Building Official for any antennas without valid permits issued by the City. 2.A Conditional Use Permit shall be drafted by the City Attorney and signed by the applicant. 3.Permits for relocating or adding new antennas or equipment shall not be approved by the City until conditions one and two are completed to the satisfaction of the City. 4.The tower shall be permitted to have up to 30 antennas. Placing additional antennas on the tower shall require a CUP Amendment. 5.Replacing or relocating antennas and equipment on the tower shall require a building permit and structural review by an engineer selected by the City. The applicant shall be responsible for all costs related to the review. The request shall conform to all other City regulations in place at the time of the request unless otherwise provided for in CUP amendment. All other federal and state regulations shall apply. 6.The applicant shall correct, promptly upon written request by the City, any documented interference caused by equipment on the tower. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 7 3.B. Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Reiling – Public Hearing (continued) 7.The applicant shall inform the tenants in writing of all City requirements, the conditions of the CUP amendment, and the process for replacing, adding, or relocating antennas and equipment of the tower. Chair Larson opened the floor to Commission questions. Commissioner Zimmerman asked for clarification regarding the capacity of the tower. City Planner Beekman stated the tower has 30 active antennas on it currently. The structural analysis that was done included these thirty towers and the additional six towers that are being proposed. This would put a total of 36 antennas on the tower and total capacity of 97%. Commissioner Zimmerman stated concerns about the number of antennas on the tower and the safety of having so many on this tower. The structural analysis that was done did not look at the footings in its analysis. The addition of these towers would be a benefit to the owner of the tower. Commissioner Reiff pointed out the structural analysis states the tower would be able to withstand a wind of ninety miles per hour. Chair Larson added the tower would be able to support the additional weight of 1 ½” radial ice. Commissioner Holewa asked for clarification on the process for adding additional antennas in the future if other antennas are removed. City Planner Beekman stated the addition or replacement of any antennas would require a building permit and this would require a structural analysis be done on the tower. There may also be an electrical permit. The City’s Building Official would do an on-site inspection of the antennas. Chair Larson opened the public hearing at 6:58 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Mr. Steve Trueman, Clearwire Wireless, LLC, stated there had been eight antennas removed from the tower. He explained that these antennas were larger than the ones being proposed by Clearwire and weighed significantly more. Chair Larson closed the public hearing at 7:04 p.m. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 8 3.B. Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Reiling – Public Hearing (continued) Commissioner Holewa moved, seconded by Commissioner Reiff to recommend approval of Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the seven conditions in the April 7, 2010, planning case report. The motion carried unanimously (7-0). C.Planning Case 09-019; Conditional Use Permit Amendment; 1296 County Road F; Clearwire Wireless LLC – Public Hearing City Planner Beekman reported the applicant has requested a Conditional Use Permit (CUP) Amendment to allow Clearwire Wireless to install six antennas on the existing tower located at 1296 County Road F. The antennas would be at a height of 175 feet. She then provided background information. The Planning Commission must make a finding as to whether or not the proposed cellular tower and equipment shed meets the requirements of the Zoning Code and if they would adversely affect the surrounding neighborhood or the community as a whole. Staff offers the following thirteen finding for consideration: General Findings: 1.The applicant has submitted documentation that addressed the use of the City’s water tower sites. This documentation indicated that the water tower sites would not meet the location needs to provide coverage in this area of the City. 2.The proposed antennas would be located on an existing structure. 3.The proposed antennas would be located within the I-1 Limited Industrial District. 4.The proposed antennas would be at a height of 175-feet. 5.The antennas would be painted to match the color of the structure to which they are attached. 6.Towers and antennas are conditionally accessory use in the I-1 Zoning District; however, with approval of Planning Case 09-023, existing communications towers would become a conditional use on the property, constrained only by the CUP under which the tower operates. On the Conditional Use Permit Evaluation Criteria: 7.The addition of six antennas on the tower would not have any impact on traffic or parking conditions. 8.The addition of six antennas on the tower will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 9.The addition of six antennas on the tower will not impact drainage. 10.The addition of six antennas on the tower will not impact population density. 11.The addition of six antennas on the tower will likely be visible from some locations both on and off the property; however, they are not anticipated to have an impact on land use compatibility with uses and structures on surrounding land or adjoining land values, because the tower and antennas have been in existence for several decades on the property with no clear negative impact. Additionally, ARDEN HILLS PLANNING COMMISSION – April 7, 2010 9 3.C. Planning Case 09-019; Conditional Use Permit Amendment; 1296 County Road F; Clearwire Wireless LLC – Public Hearing (continued) Clearwire Wireless will be removing unused equipment and antennas from the tower as part of this project, resulting in a net reduction in the number of antennas on the tower. 12.Park dedications are not applicable. 13.The addition of six antennas on the tower does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. City Planner Beekman stated based on the findings, Staff recommends approval of Planning Case 09-019 for a Conditional Use Permit amendment at 1296 County Road F subject to the following four conditions: 1.The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2.A Conditional Use Permit amendment, drafted by the City Attorney, shall be signed by the applicant, prior to the issuance of any building permits. 3.A building permit shall be obtained for all proposed antennas prior to installation. 4.Antennas shall be painted to match the color of the tower to which they are attached. Chair Larson opened the floor to Commission questions. Chair Larson asked for clarification on the coverage that would be gained by adding the antennas to the Reiling Tower versus the City’s water towers. Mr. Trueman clarified in order for Clearwire to provide the type of coverage they would like is to have their antennas located within a half mile of each other. The City’s water towers were not within this range when looked at in relation to other towers already in place. Commissioner Scott asked if there was a method for managing the antennas located on this tower and who would be responsible for this. Mr. Trueman stated the only way for antennas to be added or relocated on the tower was to contact the City and obtain a building permit. At this time the Reiling Estate is in control of the tower and the responsible party for the tower itself but everyone is responsible for their own equipment and antennas. Commissioner Zimmerman asked if the towers located in Shoreview had been considered. Mr. Trueman stated he was not sure at this time because his responsibilities were not for that particular area. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 10 3.C. Planning Case 09-019; Conditional Use Permit Amendment; 1296 County Road F; Clearwire Wireless LLC – Public Hearing (continued) Chair Larson opened the public hearing at 7:17 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. There being no public input, Chair Larson closed the public hearing at 7:18 p.m. Commissioner Reiff moved, seconded by Commissioner Holewa to recommend approval of Planning Case 09-019 for a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the four conditions on the April 7, 2010, planning case report. The motion carried unanimously (7-0). D.Planning Case 10-004; Concept PUD Plan; 3920 Northwoods Drive; Robert’s Development Company – Not a Public Hearing E.Planning Case 10-006; Zoning Code Amendment; City of Arden Hills; Section 1335 Flood Plain regulations – Public Hearing City Planner Beekman reported this request was for consideration of Planning Case 10- 006 to amend Sections 1305.04 and 1335 of the Zoning Code to update the City’s Flood Plain Regulations as presented in the April 7, 2010, Planning Case report. She provided the Commission with background information and she outlined the recommended changes on each section. She stated Staff recommends approval of Planning Case 10-006 to amend Sections 1305-04 and 1335 of the Zoning Code. Chair Larson opened the floor to Commission questions. Chair Larson asked if the new maps and boundaries affected any properties in the City. City Planner Beekman explained when compared to the old maps the flood plain boundaries have not changed significantly. If anything they have lessened for some property owners. The biggest changes occurred in the classification of properties. Commissioner Zimmerman asked if there were properties in Arden Hills that may have previously been classified as being in the flood plain but are no longer classified as such. He also asked who would be responsible for notifying these residents if they were no longer in what would be considered a flood plain. City Planner Beekman stated there were a few properties in Arden Hills that may no longer be in what is considered a flood plain. She would check with the DNR as far as notification to these property owners. Chair Larson opened the public hearing at 7:27 p.m. ARDEN HILLS PLANNING COMMISSION – April 7, 2010 11 3.E. Planning Case 10-006; Zoning Code Amendment; City of Arden Hills; Section 1335 Flood Plain regulations – Public Hearing (continued) Chair Larson invited anyone for or against the application to come forward and make comment. There being no public input, Chair Larson closed the public hearing at 7:28 p.m. Commissioner Reiff moved, seconded by Commissioner Zimmerman to recommend approval of Planning Case 10-006 to amend Sections 1305.04 and 1335 of the Zoning Code to update the City’s Flood Regulations as presented in the April 7, 2010, Planning Case Report. The motion carried unanimously (7-0). UNFINISHED AND NEW BUSINESS None. REPORTS A.Report from the City Council Council Member Grant updated the Commission on recent City Council actions including the appointment of Angela Hames as a Planning Commission alternate, the approval of Planning Case 09-02, the City Councils review of the Robert’s Development, and the City Council’s review of Planning Case 09-023. He also stated there would be a TCAAP open house at the Public Works Facility at 6:30 on April 20. The construction at Perry is due to the construction of a trail and the City Council has also approved the installation of an irrigation system at Cummings Park. B.Planning Commission Comments and Requests Commissioner Zimmerman stated Mn/DOT had held an open house last week Friday to review the proposed I694 project. Commissioner Holewa requested those planning cases that involved a public hearing have this noted on the top page of the information packet. ADJOURN Commissioner Reiff moved, seconded by Commissioner Thompson, to adjourn the April 7, 2010, Planning Commission Meeting at 7:34 p.m. The motion carried unanimously (7-0).