HomeMy WebLinkAbout01.14.97 Planning Packet
. '-~
.
.
.
.
AGENDA
PLANNING COMMISSION
REGULAR
JANUARY 14, 1997
7:00 P.M.
1. CALL TO ORDER
2. APpaOVE MINUTES
a) December 17, 1996 - Regular
3. PUBLIC HEARINGS
a) 7:00 P.M. - Pine Ridge Forest PUD Schematic Plan
b) 7:30 P.M. - Prairie Creek PUD Amendment - Stegmaier Homestead
c) 7:45 P.M. - American Portable Telecom Conditional Use
d) 8:00 P.M. - Amend East Farmington PUD - Reduce Minimum Lot Size
e) 8:00 P.M. - Preliminary Plat of East Farmington 3rd Addition
f) 8:30 P.M. - Preliminary Plat of Nelsen Hills Farm 6th Addition
4. DISCUSSION
a) Bongard Trucking Conditional Use
b) zoning Code Amendment - Add Variance Appeal Section
. --5-~
5 . ADJOURN
.
.
FILED
CITY OF FARMINGTON
325 OAK STREET
DATE 9/19 /'lC
NUMBER
1.
APPLICATION FOR:
VARIANCE
CONDITIONAL USE *
/'
2. DESCRIPTION OF PROPERTY:
ZONING DISTRICT l' - J
3.
FEE OWNER'S NAME Coo?eRA-'TIV~ ?o.....-::R
ADDRESS 4 300 ~ ~o"""" sr. \,v,
A~.:>c:>c::../A7/0^" . VA-Ko7"4 El.e.C.7R1c:...
PHONE (j;/Q) 937- <3599
4.
5.
6.
PRESENT LAND USE' /"')AKoTA- EUC-T,f2/c..
7"O"'-'ER,
SPECIFY NATURE OF REOUEST AND GROUNDS '?f?O?C6f.r) 10 ~I /1Vc:..R.IiASI=. 01=
e,X/!>-rI-./(; ISO Fr. TowE~ FoR. c.CJ,'V\,_v...n~r/,pv !>I'~,
ARE THE FOLLOWING ATTACHED:
PROOF OF OWNERSIDP
APPLICATION FEE ./
ABSTRACT TORRENS
BOUNDARY SURVEY
COPIES OF SITE PLAN -L
(Owner's Duplicate Certificate of Title Req'd)
a "-- < /./j C.€"Lv~
APPLICANTS SIGNATURE
1/,9/9C
DATE
fJ.1iAi..J-r~VI.s..>~ S 0,,", BE: HALF o~ APr
APPLICANTS SIGNATURE
DATE
* CONDITIONAL USE REQUIRES AN ABSTRACTORS CERTIFICATE OF OWNERS
WITHIN 350' AVERAGE COST $ 250 TO $ 350.
---------------------------------------------
.
REQUEST SUBMITTED TO THE PLANNING COMMISSION ON
DATE
ACTION:
DENIED REASON
PUBLIC HEARING SET FOR
FINAL ACTION: DENIED
APPROVED
REASON
COMMENTS
DATE
ZOt\iING ADMINISTRATOR
--- :- :.- -~
.
CITY 01' FARMINGTON
DAltO'l'A COUNTY, HINRBSO'l'A
ORDXHANCB NO. 096-383
AD Ordi.Danc. AmencUng Titl. .. anc:l Title 10 of the Paxm:i.ngton City Cod. by
Bxpanc:ling Existing Regulations on Electromagnetic ADteDDas and Towers to Xnclude
Wirel.ss 'l'elecommunication Services
THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS:
SBCTJ:ON I:
its place.
.
4-4-1:
4-4-2:
4-4-3:
4-4-4:
4-4-5:
4-4-6:
4-4-7:
4-4-8:
4-4-1:
Title 4, Chapter 4 shall be deleted in its
entirety and the following language substituted in
CBAP'l'ER ..
Construction anc:l Haint8J1lU1ce of ADtezmas aDc:l Supporting Towers
Purpose and Xntent
Definitions
P.rm:i.ts
Pe.
Construction Requirements
Existing Antennas and 'l'owers
Lights anc:l Other Attacbmants
Insp.ctions
In order to accommodate the communication needs of
residents and businesses, while protecting the
and general welfare of the community, the City finds that
necessary in order to:
Purpos. and Xntent:
public health, safety
these regulations are
a) Maximize the use of existing and approved towers and buildings in order to
reduce the number of towers needed to produce wireless telecommunications
services to the community.
b) Ensure wireless telecommunications towers are designed, sited and construcced
in accordance with all applicable code requirements.
c) Screen tower equipment from the view of persons located on properties
contiguous to the site and/or to be camoflauged in a manner to compliment
existing structures.
4-4-2: Definitions: The following words and terms. when used in this Section,
shall have the following meanings unless the context
clearly indicates otherwise.
.
Il!lj'-'---"--
192
Ancenna - Any structure or device used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to
directional antennas, such as panels, microwave dishes, and satellite dishes,
and omni-directional antennas, such as whip antennas.
.-
Tower - Any ground or roof mounted pole, spire, structure, or combination
thereof taller than fifteen feet (15'), including supporting lines,
cables, wires, braces and masts, intended primarily for the purpose of mounting
an antenna, meteorological device, or similar apparatus above grade.
4-4-3: penaits
1. It shall be unlawful for any person, firm or corporation to erect, construct
in place, place or re-erect, replace or repair any tower without first making
application to the Building Official and securing a permit therefor as
hereinafter provided.
2. The applicant shall provide, at the time of application, sufficient
information to indicate that construction, installation and maintenance of
the antenna and tower will not create a safety hazard or damage to the
property of other persons.
3. Permits are not required for:
A) Adjustment or replacement of the elements of an antenna array affixed to a
tower or antenna, provided that replacement does not reduce the safety
factor.
.
B) Antennas and/or towers erected temporarily for test purposes, for emergency
communication, or for broadcast remote pick-up operations, provided that all
requirements of Subsection 4-4-5 are met.
4-4-4: Fee
The permit fee payable shall be such as may be set from time to
time by the City Council.
4-4-5: construction Requirements All antennas and towers erected,
constructed, or within the City, and all
wiring therefor, shall comply with the following requirements:
1) All applicable provisions of this Code
2) Towers shall be certified by a qualified and licensed professional engineer
to conform to the latest structural standards and wind loading requirements
of the Minnesota State Building Code and the Electronics Industry
Association.
~\ With the exception of necessary electric and telephone service and connection
lines approved by the Issuing Authority, no part of any antenna or tower, nor
~ny lines, cable, equipment or wires or braces in connection with either
shall at any time extend across or over any part of the right-of-way, public
street, highway, sidewalk, or property line. .
'- I--,,~--,
.
4) Towers and associated antennas shall be designed to conform with accepted
electrical engineering methods and practices and to comply with the
provisions of the National Electrical code.
5) ~l signal and remote control conductors of low energy extending
substantially horizontally above the ground between a tower or antenna and a
structure, shall be at least eight feet (8') above the ground at all points,
unless buried underground.
6) Every tower affixed to the ground. shall be protected to discourage climbing
of the tower by unauthorized persons.
7) ~l towers shall be constructed to conform with the requirements of the
Occupational Safety and Health Administration.
8) ~l towers erected within the City must conform to the applicable standards
~ Section 10-6-20 of this Code.
4-4-6: Bx:Lsting ADt8DJ1.. and Towers Antennas and towers in residential
districts and in existence as of date of
adoption which do not conform to or comply with this Section are subject to the
following provisions:
1) Towers may continue in use for the purpose now used and as now existing, but
may not be replaced or structurally altered without complying in all respects
with this Section.
.
2) If such towers are hereafter damaged or destroyed due to any reason or cause
whatsoever, the tower may be repaired and restored to its former use,
location and physical dimensions upon obtaining a building permit therefor,
but without otherwise complying with this Section, provided, however, that if
the cost of repairing the tower would be ten percent (10%) or more of the
cost of a new tower, then the tower may not be repaired or restored except in
full compliance with this Section.
4-4-7: L~ghts and Other AttachmaDts No antenna or tower shall have affixed or
attached to it in any way, except during
time of repair or installation, any lights, reflectors, flashers, or other
illuminat~g device, except as required by the Federal Aviation Agency or the
Federal Communications Commission, nor shall any tower have constructed thereon,
or attached thereto, in any way, any platform, catwalk, crow's nest, or like
structure, except during periods of construction or repair.
4-4-8: xnap.ct~ODS ~l towers are subject to inspection by the City of
Farmington Building Inspection Department to determine
compliance with construction standards. Any deviation from original
construction standards for which the permit was obtained shall constitute a
violation of this ordinance.
.
Notice of violation will be sent by registered mail to the owner and the owner
will have th1rty (30) days from the date notification is issued to make repairs.
The owner will notify the Building Inspection Deparcment chat repairs have been
made, and as soon as possible thereafter, another inspection will be made and
the owner notified of the results.
191!
SBc:T%OH II:
Title ~O, Chapter ~, Section 4 shall be amended bY.--
adding (underlined) and deleting (s6l!'lie]t) as
follows:
10-1-4: D.f~tion.
Between Animal Clinic and Association add:
An~~nna _ ~ gtructure or d@vic@ used for the ~u~ose of collecting or
tr~n~mitting electromagneti~ waves in~ludina hut not limited to
dire~tional aftten~~Sa su~h as ~anelsA mi~roW4ve dishes. s~tellite dish~gA ~nd
omni-directional ant_nnas. such as whip ant~nnaaa
Between Club and Conditional Use add:
C~mmercial Wireless Telecnmmnnica~ion S~rviceg - Licensed commer~ial wireless
te1e~ommtlnication services.
in~ludina ~ellular. ~ersonal ~omm!ni~ation servi~es (PCS). spe~ialized mobilized
radio (SMR). enhan~ed spe~ialized mobilized radio (ESMR). nager. and similar
servi~es that are marketed to the aeneral publi~
Add to Public Utility Service definition as follows:
Public Utility Service: The providing of electric power, gas, landline
telephone servi~e, sanitary sewer and water, plus storm sewers, where
appropriate, to the ap.neral public.
Between Supply Yard and Variance add
.
TOW8r _ ~v ~~tnd or roof mounted pole. spire. structur~ or c~ination thereof
ta11er ~hAn fifteen feet (15'1. includinq su~ortinq l;n~a. ~ahles.
wires. bra~es. ~d masts. intp.nrip.d ~rimarily for the ~urpose of mounting an
ant~nna. meteor~loqical devi~e. or similar ~aratug ahcve ~rade.
Tower. MUl~i User - ~ tower to which is attached the antennas of more than one
c~mmercial wir~less telecommunication service pr~vider or
governmental enti~.
Tower. Sing-1.~ Tl!!ler - A. tow@r to which is attached cnlv the antAnnaa of a. sinqle
user ;tlthough the tower mav be desi9D-ed to accommodate the
a..n~~nna.s nf mul t:iple l1a~rs a.s reQ)lired in this Code..
SBCTXOH XXX Title ~O, Chapter 3, Section 2 shall be amended by
adding (underlined) and deleting (S6!!'1.f.Sjt) as
follows:
CODc1it:Lonal 0'...
A-l Agricultural District 16 Towers
A-2 Agricultural District 16. Towers
R-~ Low Density District 20. ~ow@!rs .
Medium Density District ':
R-2 23 Tow@ra
I-~ Light Industrial District
9. Towers
.
C-~ Conservation District
9 . Towers
SBCT%OH rv Tit~e 10, Chapter 6, Section 20 shall be added to
the code as fol~ows:
~O-6-20: Towers: Towers are necessary to facilitate and accommodate the
communication needs of the residents and businesses of the
City of Farmington, provided they comply with the following minimum guidelines:
a) minimize adverse visual effects through the use of careful design and siting
standards ;
b) avoid potential damage to adjacent properties from tower failure by adhering
to accepted structural standards and setback requirements; and
c) maximize the use of existing and approved towers and buildings in order to
reduce the number of towers needed to serve the c=mmunity.
A. DISTRICTS ALLOWED
~) Towers supporting amateur radio antennas and conforming to all applicable
provisions of this code shall be allowed only in the rear yard of
residentia~ly zoned parcels.
.
2) Towers supporting commercial, antennas and conforming to all applicable
provisions of this code shall be allowed as a conditional use within the A-l,
A-2, C-~, R-1, R-2 and I-1 Districts.
3) Use of existing towers is encouraged and will be exempt from the conditional
use process. permitting will involve the requirements listed in Title 4,
Chapter 4 of the City Code.
B. CO-LOCATION REQUIREMENT
A proposal for a new personal wireless communication service tower shall
not be approved unless it can be documented by the applicant that the
communications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within a one-
half mile radius,of the proposed tower due to one or more the following
reasons:
a) The p~anned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed
professional engineer, and the existing or approved tower cannot be
reinforced or modified to accommodate planned equipment at a reasonable cost.
b) The planned equipment would cause interference with other existing or planned
equipment at the tower or building as documented by a qualified and licensed
professional engineer, and the interference cannot be prevented at a
reasonable cost.
.
-,
c) No existing or approved towers or commercial/industrial buildings within a
half mile radius meet the radio frequency (RF) design criteria.
L" .:
. ~u
d) Existing or approved towers and commercial/industrial buildings within a one-._
half mile radius cannot accommodate the planned equipment at a height
necessary to function reasonably as documented by a qualified and licensed
professional engineer.
e) The applicant must demonstrate that a good faith effort to co-locate on
existing towers and structures within a one-half mile radius was made, but an
agreement could not be reached.
2. Any proposed commercial wireless telecommunications service tower shall be
designed in all respects to accommodate both the applicants' antennas and
comparable antennas for at least two additional users if the tower is over
100 feet in height or for at least one additional user if the tower is over
sixty feet (60') in height. Towers must be designed to allow for future
rearrangement of antennas upon the tower and to accept antennas mounted at
varying heights.
C. TOWER CONSTRUCTION REQUIREMENTS
All towers erected, constructed or located within the City, and all wiring
therefor, shall comply with the requirements set forth in Title 4, Chapter 4 of
the City Code.
D. TOWER AND ANTENNA DESIGN REQUIREMENTS
Towers and antennas shall be designed to blend into the surrounding environment .
through the use of color except in instances where the color is dictated by
federal or state authorities.
E. TOWER SETBACKS
1. Towers shall meet the setback requirements of the zoning district where
located to a height of 45 feet.
2. Towers in residential, conservation and agricultural districts will be set
back four feet for every foot of height exceeding 45 feet.
3. Towers in Industrial Districts will be set back two feet for every foot of
height exceeding 45 feet.
F. TOWER HEIGHT
Towers including all attached antennas shall be limited to a maximum height of
200 feet.
G. TOWER LIGHTING
:"owers and their antennas shall not be illuminated by artificial means, except
:or camouflage purposes (designed as a lighted tower for a parking lot or a
ballfield) or the illumination is specifically required by the Federal AViation.
Administration or other authority.
_.l ::J ;'
H. SIGNS AND ADVERTISING
.
The use of any portion of a tower for signs other than warning or equipment
~formation signs is prohibited.
I. ACCESSORY UTILITY BUI:LDINGS
All utility buildings and structures accessory to a tower shall be
architecturally designed to blend with the surrounding environment and shall met
the minimum setback requirements of the zoning district in which it is located.
Ground mounted equipment shall be screened from view by suitable vegetation,
except where a design of non-vegetative screening better reflects and
complements the architectural character of the adjoining neighborhood.
J. ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS
~. All abandonments or unused towers and associated facilities shall be removed
within twelve (~2) months of the cessation of operations at the site unless a
time extension is approved by the City Planner. In the event that a tower is
not removed within ~2 months of the cessation of operation at a site, the
tower and associated facilities may be removed by the City and the costs of
removal assessed against the property.
2. Unused portions of tQwers above a manufactured connection shall be removed
within six months of the time of antenna relocation. The replacement of
portions of a tower previously removed requires the issuance of a new
conditional use permit.
.
K. ANTENNAS MOUNTED ON ROOFS, WALLS AND EXISTING TOWERS
The placement of wireless telecommunications antennas on roofs, walls and
existing towers may be approved by the City Planner provided the antennas meet
the requirements of this Code, after submittal of
~. a final site and building plan,
2. a report prepared by a qualified and licensed professional engineer
~dicating the existing structure or tower suitability to accept the antenna,
and the proposed method of affix~g the antenna to the structure.
L. INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS
All applications for new telecommunications service shall be accompanied by an
intermodulation study prepared by a registered professional engineer which
provides a technical evaluation of existing and proposed transmissions and
~dicates all potential interference problems. Before introduction of new
service or changes in existing service, telecommunication providers shall notify
the City at least ten (~O) calendar days in advance of such changes and allow
the City to monitor interference levels during the testing process.
M. ADDITIONAL SUBMITTAL REQUI:REMENTS
~. A report from a qualified and licensed professional engineer which:
.
a) describes the tower height and design with cross section.,and elevation;
b) documents the height above grade for all potential mounting positions for co-
located antennas and the minimum separation between antennas;
,198
c) describes the number and type of antennas that
d) documents the steps the applicant will take to
safety telecommunications;
e) includes the engineer's stamp and registration number.
can be accommodated;
avoid interference with PubliC.
2. A letter of intent committing all commercial wireless telecommunications
service towers to allow the shared use of the tower if an additional user
agrees, in writing, to meet reasonable terms and conditions for structures.
3. Proof that the proposed tower complies with regulations administered by
Federal Aviation Administration and a report from a qualified and licensed
professional engineer which demonstrates the tower's compliance with the
aforementioned structural and electrical standards.
SBCT%OH V: After adoption, signing and attestation, this
ordinance shall be published one time in the
official newspaper of the City and shall be in effect on and after the day
following such publication.
Enacted and ordained the 18th day of November, 1996.
SBAL
City of parmington
AftSS~7J~\.
.
Approved as to form the ~~ day of
<;;I~"~ Il.~
~ Published in the Farmington Independent the _____ day of December, 1996.
.
..
.
.
TO:
FROM:
RE:
DATE:
Request:
Background:
Need:
. c..'-_\....' . "'. :,.= ..::." ',-:;.
.......~ ~ .-..........~ .
~ '-'~'-- ~ .....
..... ~ - ... .-, . -. .- ..... .-
:::::::.'~.__. '--~--'J'.......
'::JRPORAi!C~'J
MEMORANDUM
Charlie Tooker
Rodney D. Hardy: ,.,' - ,~\..
Request for Exhibit to Amendment to East Farmington
January 6, 1997
Provide additional option plans for typical block layouts - see
attached Revised Exhibit B3.
When East Farmington was first designed three years ago
(1993), the typical layouts for most builder designed homes were
dependent upon 80' frontage lots. In the intervening three years
and with the experience of the First Addition homes that have
had extensive architect design modification for more urban style
block design, the 80' wide lot is not suited for the more typical
house footprints.
Because the cost of the lot is so vital to maintaining the market
price on the house to the consumer, the 1997 cost for 80' lots will
not meet the market mix.
The new option layouts provide for a market mix that more
correctly meets the present market pricing and acceptable house
layouts.
;:annersJ :9'1eI0::8,3
- -..-..--..........-..1"'"
~_, ......_. _J. _,
TYPICAL D
.
.
75 70 70 70 75
0 5 0 0 9 0
()) ()) 6 0 7 0 8 (J) (J)
..-- ...--
..-- ..--
75 <19 25 70 25 75
be9
4 120 10 0
0 0 <..0
1O 0
~ ~
120 OUTLOT 120
0 0
0 3 0 ~ ..q- 0 1 1 0
1O <..0 ..-- 1O <..0
...--
_-120 120
0 0
0 2 .q- .q- 12 0
to 120 ill
25 70 25 <19
r:.r9
75 75
16 0 15 0 14
1 ..-- ...-- 0
0 0 ..-- ...-- 0 13
Q) (j) m OJ
75 70 70 70 75
.
TYPICAL E
.
75 65 60 60 100
0 LO 9 LO
m 5 0 0 0 oI"- l"-
m 6 0 7 0 8 0
..- ..- ..-
100
75 .2/
40 60 60
160 0 10 0
l"- I'--
0 4 0
CD LD
100 --- 100
0
--- I"-
11 N
OUTLOT CD
0 3 o 0 LO
. CD CD CD
..--
100
0 0 12
2 LO
CD 101
7,1
75 45
56
13
0 1 0 15 g 14
m ..--
OJ
75 70 27 6\
.
..
TYPICAL F
.
80
70
22
0 0 5 0 6
co 4 0
co ..-- 7
80
~& 50 53
0 8
to 3 0
"""
100
0 2 0 9
to CD L{)
L{) f'--
. JOO OUTLOT
100 N
0 0
1 CD
to 0 10 0
160 r----- r-----
100
100
.
UJ
r-----
1 1
LIJ
r-----
100
"
TYPICAL G
.
.
60 60 60 60 60 60
0 5 0 6 0 7 0 8 0 9 0 0
0 0 0 0 0 ~ 10 ~
~ ~ ..-- ..-- ..--
.60 60 60 60 60 60
100 160 100
4 0 1 1 0
0 to 0 <..0
<.D <.D
100 100
3 0 o U TL 0 T 12
0 co 0 0
0 to ...... eo 0 to
to ...... to
100 100
0 2 0 13 0
to 0 1O
to to
100 160 100
75 70 70 70 75
I
LO 1 LO 17 U) 16 L[) 15 LO 14 Lf)
0 0 0 0 0 0
......
...... ...... ...... ...... ......
75 70 70 70 75
.
.
.
TYPICAL H
.
.
80 65 70 65 80
0 4 0 0 0
ex) ex) 5 6 7 CD 8 CXJ
0 0
..-- ..--
...- ..--
80 80
So "J()
0 3 25 70 25 9 <0
to 120 ~
0 0
120 n n 120
0 2 0 OUTLOT 0 10 0
to to to to
120 120
0 1 0 0 1 1 0
to to to to
120 120 120
.