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HomeMy WebLinkAbout10.28.97 Special Planning Packet .' '*' . . . AGENDA PLANNING COMMISSION Special October 28, 1997 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) September 9, 1997 PUBLIC HEARINGS a) 7:00 PM - Conditional Use & Variance Airtouch Cellular Tower and Base Station - 4300 220th Street West - Dakota Electric Site b) Continued - East Farmington 4th Addition Preliminary and Final Plat c) Continued - Conditional Use - Marcus Cable - Northeast Intersection of Akin Road & County Road 50 3. ADJOURN . . . r City of Farmington Community Development Department Planning Division 325 Oak Street Farmington, MN 55024 Community Dev. Planning Building Insp. (612) 463-1860 (612) 463-1820 (612) 463-1830 To: Farmington Planning Commission From: Lee Smick, Planning Coordinator Date: October 28, 1997 RE: Planning Commission Recommendation Summary a) 7:00 PM - Conditional Use & Variance Airtouch Cellular Tower and Base Station - 4300 220th Street West - Dakota Electric Site Recommendation 1. Approve the Conditional Use permit to allow a 199 foot tall cellular tower at this site. 2. Approve a variance to allow a 199 foot tall cellular tower to encroach upon a side yard setback by 92 feet. b) Continued - East Farmington 4th Addition Preliminary and Final Plat Recommendation 1. Approve the East Farmington 4th Addition Preliminary and Final Plat contingent on Engineering and Fire Department comments and forward the recommendation to the City Council at the November 17, 1997 meeting. . . . c) Continued - Conditional Use - Marcus Cable - Northeast Intersection of Akin Road & County Road 50 Recommendation Staff recommends that the conditional use permit for Marcus Cable be approved on the following contingencies; 1) a complete site plan be submitted indicating location, drainage direction, etc.; 2) a landscape plan with surety be submitted; 3) access permission (if necessary) be granted by Dakota County (City staff sees no problem with sharing the current access with Enron); 4) that Marcus Cable submits a copy of the written permission from Enron Gas Co. to locate on the subject property. . . . To: From: Date: RE: Farmington Planning Commission Lee Smick, Planning Coordinator October 28, 1997 Conditional Use Permit and Variance for Airtouch Cellular Tower and Base Station- 4300 220th Street West - Dakota Electric site Planning Department Review Applicant: Jaymes D. Littlejohn Hessian, McKasy & Soderberg 4700 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2228 Referral Comments: Plat Data 1. Location Map 2. Site Plan 3. Building Plan 4. Letter from applicant Location of Property: Zoning: Lot Coverage: Setbacks: The proposed location for the cellular tower is located at the Dakota Electric site - 4300 220th Street West. The property is zoned 1-1. The adjacent zoning to the site includes industrial to the west and is currently vacant, high density residential to the north and Castle Rock Township resides to the east and south of the site. The minimum lot coverage for an 1- 1 zone is 35%. The proposed building consists of 360 square feet and the existing Dakota Electric complex consists of 90,150 s.t. producing a lot coverage of 12 %. The minimum setbacks for a cellular tower in an industrial zone require a two foot setback for every foot of tower height over 45 feet. With the tower at . . . 199 feet, the setback requires a 308 foot setback from the property line. The setbacks have been met for the proposed tower on the east, north and south however, the setback on the west shows 216 feet, 92 feet short of the required setback. Therefore, a variance to the side yard setback requirement is being requested. Additional Comments The proposed tower and base station require a conditional use permit in an industrial zone. The proposed tower will replace the existing 150 foot high tower owned by Dakota Electric after this tower has been removed. The same number of antenna will be placed on the proposed tower as was previously on the Dakota Electric tower. The proposed tower will be located 480 feet further back from the front lot line than the existing tower, to minimize impacts. To further reduce impacts of the tower, it is one foot shorter than the 200 foot height which would require obstruction markings of red and white paint to be located on the tower, therefore, no such markings will be required on the proposed tower. The base station will consist of a 12' x 30' building at the base of the tower and will be consistent with the materials and paint of the existing maintenance garage on the site. A chain link fence with barbed wire will be installed around the tower to discourage the climbing of the tower. The applicant is seeking a variance of 92 feet from the side yard setback because the lot will not accommodate a 308 foot setback required by the City Code. The setback requires two feet for everyone foot of height over 45 feet. The height of the tower at 199 feet is based on two factors: the size of the geographic area to which service will be provided and the topographical nature of that surrounding area. The height of the proposed tower was arrived at through a computer modeling program, therefore, the tower was set at 199 feet. The applicant feels that since demand and topography in the area dictate the height of the tower, and since Farmington's code requires collocation, the need for this variance arises out of circumstances that are beyond the applicant's control. The applicant feels that by granting the variance, the intent of the code will be met through the collocation of multiple antenna users on a single tower in order to minimize the addition of more towers to Farmington's landscape. The variance approval procedure includes the following: A) Literal enforcement of the ordinance would result in undue hardship with respect to the property. - Because of the shape and size of the property, the literal enforcement of the ordinance would show an undue hardship with the property by requiring the tower to be located elsewhere. Such unnecessary hardship results because of circumstances unique to the property. - The unique shape of the property along with setback requirements for a cellular tower result in hardships unique to the property. B) . . . D) E) C) The hardship is caused by provisions of the ordinance and is not the result of actions of persons presently having an interest in the property. - The tower ordinance was adopted in May of 1997 and because of the new provisions within this ordinance, the size and shape of the lot cause a hardship to the applicant due to the new tower requirements recently in effect. The variance observes the spirit and intent of the ordinance, produces substantial justice and is not contrary to the public interest. - The applicant will remove an existing tower and erect a proposed tower which will allow for collocation of multiple users. The remaining 216 feet of fall space on the west side of the site will be effectively protect the public interest because the tower's height will be 199 feet. The variance does not permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than required by State Law. - Not Applicable. Recommendation 1. Approve the Conditional Use permit to allow a 199 foot tall cellular tower at this site. 2. Approve a variance to allow a 199 foot tall cellular tower to encroach upon a side yard setback by 92 feet. l~i~b(l~~( ll:~b b.l.i~t:J.:I':Li~~ ut:.:::l J. \,':11'1 J. ur CoLl.!.'~'" . D~19N~ 01 EO-.l.TD. RobIft J. DIvII. AlA ArcIdIICt 9873 VaJIe)I VIew Roed Eden Prairie, UN l5I5344 812-803-82H October 6, 1m MI. Lee Smick at)' Planar aty~f'anoinaton 325 Oak Stnlet F&rI1liapm, MN 55024 463-1820 Dear M& Smick. . The prnpoeed equipment shelter for Ainouch CdJular . the site of Dakota Electric is II prefllbriC3ted building CCJIWlnld under sectioD 1704 of the 1994 Uniform Building Code. It is 12 feet x 30 feet long. The baiktiDI is equipped with decttk:a1_ mechaDica1 eq.aipmaIl. which is installed in the faclOl'y. 1t is wood billed with 8hcathiq both ialide aDd oaL The building is supported on a c:oncrete foundation. The staIc ol'MimaoIa c:erdIics tbc boildina 10 be type V-N co.ustruction and for 8-2 oa:upancy. Please fiDeI encIoeIa c:ross IeCtion cIepidina the CODIInICtioIl of the building. This is DOl a pole struc:bIre. As)'UU c:an see from the cnc:IoeecI designs for a typical pole building, Pole structuJeI &Ie built Ol\ _ ltarting with wood poles in the ground. 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I LAG ~~ _:i caA.WEL. .-c>lIl ..- N T_C"...TIt ~~ '....oeT .....c NO QCEPEJII THAN Q'-O") ~CXD _eTC COL........ f~Tf: CONC,.T& ,.OOTINCl .TIlI..... ......o...~ CONo.....TE f"OOTINO CONQIIIt&TK ..OOTINO WfTH _IICED AHCHCf'AOE . ....... -- ..--. -..... .-.....--.. " , CONc"'ETE~ 8ACK,.ILLA G"AYE~~ . NOTE' LV I\jO()lItE T.. T...IC... C' BE USEO ClAGONA' I!tFl...c:ING LAW OFFICES HESSIAN, MCKASY & SODERBERG PRon:ssIONAL ASSOCIATION . Minneapolis . Saint Paul . Washington, D.C. 4700 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2228 (612) 330-3000 Facsimile 371-0653 Jaymes D. Littlejohn (612) 330-3003 October 7, 1997 Planning Commission and Board of Adjustments City of Farmington 325 Oak Street Farmington, MN 55024 Re: Applicationfor Conditional Use Permit and Variance Cellular Telephone Base Station 4300 - 220th Street West Dear Commissioners: . OUf firm represents US WEST NewVector Group, Inc., who provides AirTouch Cellular service to the City of Farmington and much of Minnesota. This letter accompanies an application for a Conditional Use Permit and Variance for a cellular base station (also known as a "cell site") to be located at the above address. This parcel is located in an Industrial (I-I) District. There are presently two antenna towers on this site, and our proposal will not increase this number in any way. The property owner, Dakota Electric Association, has entered into an option to lease a portion of their property to AirTouch for the placement of the equipment on their property. This agreement provides for space for Dakota Electric's use on the proposed tower for that equipment which Dakota Electric currently has installed on an existing, 150.foot, self-support tower. Once that equipment is moved, the existing tower will be removed, leaving the site with the same number of antenna towers as now exists. The proposed cell site will help meet the increased demands for cellular telephones in the area and improve the quality of cellular telephone service for residents of Farmington and the surrounding areas. The Proposed Use. Every cell site has two essential elements: antennas and cellular telephone radio/switching equipment. For this particular site, we need to elevate the antennas so that they are 199 feet above ground level and house our equipment and Dakota Electric's equipment in a 12 by 30 foot building at the base of the tower. To minimize the impact of this installation, we are proposing to install this site about 480 feet further back from the front lot line than the existing tower that will be removed. The site will be accessed by a driveway that will enter the property off of 220th Street West. . . . . Applicationfor Conditional Use Permit and Variance Cellular Telephone Base Station October 7, 1997 Page 2 The equipment building that is proposed will house radio, computer and climate control equipment for this site. This is an unmanned building that is operated remotely. The site will be connected to our central switching office via traditional telephone lines. In order to facilitate the installation of our equipment in the building and to minimize the disruption to the area that can be caused by a lengthy construction period at the site, we propose to use the prefabricated building that is that is depicted in the elevations. All of our equipment is installed at our central location before the building is transported to the site. Once the footings are cured, we simply bolt the building in place and make the necessary electrical, telephone and antenna connections. . The Antenna Tower. Because we recognize that a major concern over installations of this type surround adding towers to the landscape and making them unduly visible, we have designed this site to avoid using FAA obstruction markings like red and white paint and strobes or beacons to light the tower. Because towers taller than 200 feet above ground level require this type of marking, we are proposing a tower that is shorter. As required by your ordinance, all of our towers are certified by a qualified and licensed professional engineer to conform to the latest applicable standards of the Minnesota State Building Code, the National Electrical Code and the Electronics Industry Association. As part of the building permit process, further structural details required for the building permit will be provided. As shown on the attached site plan, no portion of the tower, antenna or anything associated with either the antenna or tower interferes with the right-of-way, public street, highway sidewalk or property line. The cable or "waveguide" that connects our equipment to the antennas will be suspended more than eight feet above the ground at all points, beneath a protective "ice bridge" that is 10 feet above ground level. To discourage climbing and to protect our equipment, both our building and tower will be located in the fenced yard of Dakota Electric, and our tower will be further surrounded by a chain link fence that is topped with barbed wire. The self-support or framework tower that we propose will be designed to support two other users, and its design allows for flexibility in their locations on the tower. Indeed, we already have one additional user, Dakota Electric, who will install its equipment on the tower so that it can remove its current tower from the site. . The Equipment Building. Although a variance is required for the tower, no such variance is necessary for the building. In fact, the building meets all of the building code and zoning requirements in your city. The equipment building that we will use will be painted to match the exterior finish of the maintenance garage by which it will be located. As you can see from the accompanying drawings, no advertising signs will be installed at the site. The Cellular Phone System. Users of cellular telephone services include farmers and ranchers, members of the business community, and various members of the public sector. In addition, cellular telephones are extensively used by fire and police departments as well as other public safety agencies. The system allows police and other emergency response agencies to conduct private communication in the field. This can be important from the scene of a crime, serious car accident, fire or other emergency. Immediate, direct communication with other specialized agencies is often made using cellular phones when a relay through a dispatcher would be cumbersome and cause dangerous delays. Application for Conditional Use Permit and Variance Cellular Telephone Base Station October 7, 1997 Page 3 . The cellular mobile phone system operates on a specific set of channels set aside by the Federal Communication Commission (FCC). The filtering of spurious signals is very tightly controlled. Cellular telephones operate within a strictly regulated set of allotted frequencies between 824 and 894 megahertz. Formerly these channels were allocated to certain UHF television frequencies. US West NewVector is currently operating well over 1,000 cellular base stations around the country with no case of unresolved television or radio interference reported. The Cellular Grid. Cellular service provides subscribers with office-quality phone service by developing a grid of antennas arranged in a geographically hexagonal pattern. Each hexagon is a "cell" created by an antenna which serves as the link between the customer and the system while the customer is within that particular cell. Each cell can only handle a finite number of calls at any one time. As the number of customers increases, the grid must be changed to handle the increasing number of calls. This usually means that more cells need to be created within the same geographical area, resulting in a new grid pattern of smaller cells. . The Search Area Criteria. The area in which cellular coverage is needed largely defines the required antenna height. In this area, customer demand and topography play major roles in arriving at the appropriate height for the tower. We have been working for several months to locate an antenna site in this area to solve the cellular phone service coverage needs. At the present time, owners of cellular phones are unable to use the phones in this area. Static as well as lost connections or "dropped calls" are also a problem for subscribers in this area, and the proposed site is designed to solve these very problems. Many factors go into choosing a location for a cell site. These include market factors, technical considerations, cellular grid, zoning and land use compatibility, landowner willingness to sell or lease, land forms or topography of the surrounding area, and accessibility to roads. Taken together, all of these factors create a narrow search area for a location of the cell site. Indeed, your city's relatively recent wireless ordinance further narrowed our search to sites on which towers already existed within our search area. The Variance Required. The tower and building meet the requirements of Farmington's Wireless Communication and Antenna Ordinance, except that the lot is simply not large enough to accommodate the required setbacks from all lot lines. The front (north), rear (south) and one of the side lot lines (east) are all in compliance. However, since your code requires two feet of setback for every foot that the tower exceeds 45 feet, the lot will not accommodate the 308 foot setback required from both side lot lines. As a result, we are forced to seek a variance to reduce one of the side lot lines (the west) by 92 feet. Even so, the tower will be setback 216 feet from the side lot line, almost 10% more than the height of the tower itself . The particular height required for the antennas is based upon two main factors: the size of the geographic area to which service will be provided, and the topographical nature of that surrounding area. Cellular telephones operated based upon a "line of sight" technology. Because of the low power and relatively high frequency licensed by the FCC for this purpose, cellular signals cannot pass through the earth or through large objects. Also, we need to design our cells so that no one cell is either too small (leaving gaps in coverage) or too large (creating interference with other . . . Application for Conditional Use Permit and Variance Cellular Telephone Base Station October 7, 1997 Page 4 cells. To arrive at the required height for the antennas, our engineers use computer modeling at first, and refine that model with actual physical testing of the site. Unlike the developers of new pes systems, we have actual data from real customers that require the installation of particular cells. All of this information combined to require a cell site with a tower of at least 199 feet in this area. We also recognize that your code requires collocation where possible, but the only towers on this site are not tall enough. To accomplish the spirit of the code, therefore, we are proposing to replace the existing tower. Unfortunately, the lot at this site is not wide enough to provide the required setback of 308 feet from all four sides. Since demand and topography in the area dictate the height of the tower, and since Fannington's zoning code mandates collocation, the need for this variance arises out of circumstances that are beyond our control. The undue hardship thus created provides the basis for this variance. The installation of this tower is certainly a reasonable use of the land, especially since there are already two towers on this industrial site. By granting this variance, the City of Farmington will help to serve the spirit and intent of its new wireless ordinance, enabling collocation of multiple antenna users on a single tower in order to minimize the addition of more towers to Fannington's landscape. Conclusion. I hope that this letter will serve to better explain our Application and to answer some of your questions. If we can be of further assistance, please fell free to contact me at 330-3003. We appreciate the assistance that we have already received from your city's staff, and we look forward to working with you to provide better cellular phone service to your residents. Sincerely, ffHE:Jo' ~~7Y & SODERBERG, P.A. .U~ ~ Jaymes D. Littlejohn JDL/ Enclosures: Variance Application Form Conditional Use Permit Application Form Filing Fees for Application Site Plan, Elevations and Survey - 6 copies Zoning Report of Owners Within 350 Feet 526759\1 0530200-009200 . . . To: From: Date: RE: Farmington Planning Commission Lee Smick, Planning Coordinator October 28, 1997 East Farmington 4th Addition Preliminary & Final Plat Planning Department Review Applicant/Owner: Rodney Hardy Sienna Corporation 4940 Viking Drive Suite 608 Minneapolis, MN 55435 Surveyors/Engineers: Jim Sturm James R. Hill, Inc. 2500 West County Road 42, Suite 120 Bumsville, MN 55337 Referral Comments: Plat Data 1. Revised Site Plan Location of Property: Zoning: The property is located to the south of 213th Street (County Road 72) and to the east of South Suburban Terrace. The property is zoned R-2 PUD (Medium Density - Single Family). Proposed Development: This development consists of 16.3 acres of land to be subdivided into 65 single-family lots. Streets: This plat dedicates right-of-way for four streets. The first street is the continuation of Twelfth Street, a . . . north/south street, platted at approximately 764 feet in length. The second street north/south street is Thirteenth Street, platted approximately 764 feet in length. The third north/south street is Fourteenth Street, platted approximately 408 feet in length. The only east/west street is Elm Street, platted approximately 556 feet in length. Sidewalks: Sidewalks are shown on all four blocks of the development. Drainage: The elevations of this site range from 900 feet at the west side of the site to 897 feet on the east side of the site. The site is flat, however, grading is proposed to drain water to the detention pond on the west side of the plat located outside of the plat area. Wetlands: Farmington's Surface Water Management Plan indicates that a wetland exists on the west side of the plat and has been confirmed by the Dakota County Soil and Water Conservation District in their letter. Dakota County has required further information concerning this wetland because of the potential expansion proposed by the plat. Silt fence must be placed along the perimeter of the wetland. Public Utilities: Sewer and water services are available to the site from the west and south. Parkland Dedication: See comments below. Additional Comments City staff recently met with the developer's engineer on October 16th to discuss engineering issues including the driveway access issue on County Road 72. The developer's engineer submitted a revised site plan for the northeast block of the site which reduces the amount of driveway access on . . . County Road 72 by four drives. The proposal is to provide one accessway for five housing units at the existing Sauber home driveway entrance. The accessway will also allow for safer traffic movement generated from the lots by allowing vehicles to access County Road 72 face first rather than backing onto the road. The accessway will be curbed and will consist of 160 linear feet. The northwest block showing lots 2, 3, and 4 along County Road 72 will be increased to a larger depth in order to provide stacking space in the driveways for two vehicles to park end to end. This will allow for additional parking of vehicles on the lot along the County Road. The following issues need to be addressed by the developer in the northeast block: 1. The City requires the width of the accessway to be 28 feet instead of the 26 feet shown on the plan. 2. The developer shall provide access easements to the park for lots 1, 7, 8, and 9. The Parks Director discussed the parkland contribution fees required for the plat with the developer's engineer. Park fees will be collected for the plat and will be used in the park fund at a later time. At the October 14th Planning Commission meeting, the Parks & Recreation Board was interested in requesting a portion of the northeast corner of the plat to be dedicated for park purposes. Since that time, the City Engineer has determined that a stormwater pond be located in this area to handle runoff more effectively for this plat. The Parks Director has agreed to this solution and will accept park dedication fees from the developer to meet requirements of the City Code. The Fire Department has reviewed the revised site plan and recommends that a cul-de-sac be designed for the accessway in the northeast block of the plat. Concerns for the accessway shown include difficulty of turning movements for fire vehicles and the need for backing trucks from dead end streets. Cul-de-sac turnarounds require a right-of-way radius of 60 feet. The developer has stated that the accessway will be private and will be maintained by the developer. Private streets are not addressed in the City Code, therefore, City requirements do not necessarily pertain to this proposed private street. However, City staff suggests that a solution to this issue be addressed and a compromise to City standards be determined. Recommendation Approve the East Farmington 4th Addition Preliminary and Final Plat contingent on Engineering and Fire Department comments and forward the recommendation to the City Council at the November 17, 1997 meeting. . a '" ~ G "" \(' ~ Gl ..B N ~ ~. 0 r ! ~~ I = I ~ ~ Q . " . .~ []~ElG0 . ot at,) . J "':.J;n:a17 . ~... G G G G 0 . ','. ~ I 0 G \ B 0 ~ , , [J: 0 0 ~ 0 . ""'--"- ~ -::s ~ . ~ G [ Er 0 EJ 0 [ r it G [ B 6 B 0 [ . . . To: Farmington Planning Commission From: Michael Schultz, Planning Department Date: October 14, 1997 RE: Marcus Cable Conditional Use Permit for switching enclosure in R-3 zone Reason for need of Conditional Use Permit: Section 10-3-2 of the City Code requires a conditional use permit for public utility buildings located within an R-3 zone. Planning Department Review Applicant/Owner: Marcus Cable 16900 Cedar Ave. S. Rosemount, MN 55068 Contact Person: Vince Bain Construction Coordinator Marcus Cable Referral Comments: 1. Switching Enclosure Model 2. Location Map Location of Property: The NE corner at the intersection of Co. Hwy. 50 and Akin Road. Zoning: R-3 (High Density - Residential) Surrounding Land Uses: Enron Gas Co. natural gas station, middle school ball fields, City ballfields, Dakota Electric power station. Building Enclosure Size: 10' x 6' x 6' (approximately 2' will be below ground level, 4' will be visible). . Additional Comments Marcus Cable is seeking a conditional use permit to locate a switching station at the northeast corner of County Highway 50 and Akin Rd. on the property of Enron Gas Company (Northern Natural Gas Co.). Marcus Cable has submitted a survey of the corner and has been patiently working with both the City and Enron Gas Company on resolving a final site location. It was determined that the original site location did not meet City Code guidelines concerning nonresidential structures. Sect. 10-4-1 (D) ofthe City Code states that all nonresidential structures or uses shall not be located or constructed closer to any property lines of any other lot not commonly owned in any "R" district than the distance specified in the following: (c) 50 feet from property lines containing recreational facilities. Enron Gas has determined, as of Friday October 24, that the location just to the north of the current fenced in location would be acceptable. Staff believes this new location is more suitable for the station because it will provide closer access, some vegetation coverage exists, it is away from the ballfields and it should blend with the existing structures. With this last minute change Marcus Cable has not had the opportunity to submit the proper revised site plan and landscape plans. Vince Bain, Construction Manager, has indicated that he will attempt to have the required materials submitted before the Tuesday Planning Commission meeting. . Though it typically is not the practice of the Planning Commission to permit a conditional use permit without proper review of all materials; it is requested that the Planning Commission consider approving the conditional use, subject to contingencies, on the basis that Planning Staff did not originally recognize the problem and the delays from Enron Gas. It is the assumption of Staff that Marcus Cable will continue to cooperate and work with staff on any and all final contingencies. Recommendation Staff recommends that the conditional use permit for Marcus Cable be approved on the following contingencies; 1) a complete site plan be submitted indicating location, drainage direction, etc.; 2) a landscape plan with surety be submitted; 3) access permission (if necessary) be granted by Dakota County (City staff sees no problem with sharing the current access with Enron); 4) that Marcus Cable submits a copy of the written permission from Enron Gas Co. to locate on the subject property. . \ f-- ';)0,----1 T D \'D" \ ro ~o~c.d ;- Cr-.i I i fllf(,lo~ure 1-,0,-1 Q.> 0, KEY 1 I L .---- .-~ 1= E. >.Ie. I:. 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