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HomeMy WebLinkAbout10/14/08 . . . Planning Commission Minutes Regular Meeting October 14, 2008 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Stokes, Larson, Bonar, Barker Members Absent: Rotty Also Present: Tony Wippler - Assistant City Planner, Lee Smick - City Planner 2. Approval of Minutes a) September 10, 2008 Regular Meeting Minutes MOTION by Barker, second by Stokes to approve the minutes September 10, 2008 minutes. APIF, MOTION CARRIED. 3. Public Hearings a) Variance for setback and size of non-conforming accessory structure Applicant: Robert Sayers 822 Macbeth Circle Lakeville, MN 55024 The applicant has requested a variance to the minimum lot size within the A-I zone in order perform a lot split for the property located at 6886 Lakeville Blvd. The property is 42.47 acres. The applicant would like to split off 6.17 acres. The minimum lot size requirement in the A-1 district is 40 acres, so this lot split would require two variances. On variance is needed for the 6.17 acre parcel and one for the remaining 36.83 acre parcel. Staffhas determined that the amendment in 2002 when the A-2 zone that allowed I acre lot splits was removed from the City Code, a 40 acre minimum was created that resulted in the hardship. There have been other cases since that time in which variances have been granted for this type of request. If the variance is approved, the applicant will need to provide staff with a new survey that shows the entire 42 acres and showing the 6.17 acres that is to be split off. The applicant would also have to provide new legal descriptions for both of those parcels. MOTION by Stokes, second by Barker to close the public hearing. APIF, MOTION CARRIED. MOTION by Stokes, second by Barker to approve the requested variance. APIF, MOTION CARRIED. b) Text Amendments as follows: 1) Section 7-6-5 concerning the removal of Elm trees from a property from 10 to 60 days; 2) Section 10-6-10(M)2 concerning the removal of Ash trees from the Overhead Utility Line Planting Requirements List; 3) Section 10-6-20(E)1 concerning the revision of street trees to boulevard trees. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 Planning Commission Minutes October 14,2008 Page 2 . The three amendment changes requested are in follow up to amendments that were done previously where minor changes were missed. The changes will make the previously approved changes consistent throughout the City Code verbiage. MOTION by Barker, second by Bonar to close the public hearing. APIF, MOTION CARRIED. MOTION by Stokes, second by Bonar to recommend approval of the requested Text Amendments. APIF, MOTION CARRIED. c) Repeal Title 2 Chapter 9 of the City Code concerning the Reforestation Advisory Commission. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 . When Staffwas looking into the Boulevard Tree Ordinance changes it was brought to the Commission's attention that the Reforestation Advisory Commission needed to be reviewed. The Commission is no longer a necessary part of City Code due to the fact that they City employs a full-time Natural Resources Specialist. The Reforestation Advisory Commission has also not met in over ten years. This item was also discussed with the City Council. MOTION by Barker, second by Bonar to close the public hearing. APIF, MOTION CARRIED. MOTION by Stokes, second by Barker to approve repealing the requirement for a Reforestation Advisory Commission in the City Code. APIF, MOTION CARRIED. 4. Discussion a) Cell Tower Code Update Staff would like to discuss additional districts for allowance of cell phone towers. Staffwould like to propose allowing the towers in the IP, B-1 and B-3 Districts. The towers, monopoles or antennas would also be allowed in the following residential locations: churches, school, public buildings, hospitals and clinics. The antennas would also be allowed on structures that serve other purposes such as light standards or emergency siren poles. All location would have to adhere to the applicable provisions of the City Code. Staff has also re-written the purpose statement with regard to cell towers and has revised the submittal and maintenance requirements. . Commissioner Barker asked if other cities are allowing the towers on light poles and emergency sirens. Staff stated that it is allowed in other communities and some offer the option of using public utility poles as well. Some of the public utility poles are located in right of way which would not be allowed per our Code. The Commissioners agreed that if the light pole is already located in the right of way, they did not see an issue with an antenna being added. Currently the placement of antennas does not require a conditional use permit. The Planning Commissioners stated that they would like to see the placement of antennas require a conditional use permit as well. The issue of placement on building rooftops was discussed. The Commissioners did not see the need for any additional verbiage to address that issue. As for the antennas located on utility poles, it would be an issue between the cell phone company and the utility company if there was work that needed to be done on the utility poles as part of their lease agreement. Staff will check with the . . . Planning Commission Minutes October 14, 2008 Page 3 City Attorney to verify that placement in the right of way does not put the City in a position ofliability in any way. Commissioner Bonar asked if Wi-Fi would fall under this same definition. Staff will look into this issue. The setback requirement for towers will also need to be amended. b) Comprehensive Plan Update Staff has provided information for the Commissioners to review in advance of the October 28, 2008 public hearing for the Comprehensive Plan Update. A work plan has been included in the information. Staff will forward an electronic version of the spreadsheet information to the Comissioners. 5. Adjourn MOTION by Barker, second by Stokes to adjourn. APIF, MOTION CARRIED. Approved Lisa Dargis Administrative Assistant