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04-09-01 PC Minutes Regular Meeting of the Golden Valley Planning Commission April 9, 2001 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, April 9, 2001. Chair Pentel called the meeting to order at 7 pm. Those present were Chair Pentel and Commissioners Eck, Groger, Hoffman, McAleese, Rasmussen and Shaffer. Also present were City Planner Dan Olson and Recording Secretary Lisa Wittman. I. Approval of Minutes - March 26, 2001 Planning Commission Meeting Rasmussen stated she was not listed in the minutes as being present. She was present at the March 26,2001 meeting. Pentel stated that on page 2, the fourth paragraph, second sentence should be changed to read, "Pentel stated that when the Planning Commission has not had unanimous decisions it is common for the commissioner that presents to the council to revisit some of the issues that were raised along with the final decision." MOVED by Groger, seconded by McAleese, and motion carried unanimously to approve the March 26, 2001 minutes with the above corrections. II. Informal Public Hearing - Conditional Use Permit (CU87-01) Applicant: Qwest Wireless Address: 6731 Golden Valley Road, Golden Valley, MN Purpose: The applicant is requesting a Conditional Use Permit (CUP) to construct a cellular telephone monopole on the Golden Valley Historical Society property. City Planner Dan Olson referred to his memo dated April 4, 2001. He showed the general location and the proposed site plan. Olson explained that the applicant is requesting a Conditional Use Permit to construct a cellular telephone monopole on the Golden Valley Historical Society property. He stated the subject property is zoned Institutional (1-1). He explained that the City is in the process of revising the telecommunications ordinance and that right now the Golden Valley Zoning Code does not specifically allow this type of use as either a Permitted or as a Conditional Use. However, Section 11.46, Subd. 4(H) states, "Such other uses which, in the opinion of the Council, are reasonably compatible with the uses specifically described in subdivision three, may be permitted as a Conditional Use in any of the four Institutional Zoning Sub- Minutes of the Golden Valley Planning Commission April 9, 2001 Page 2 Districts. Olson stated that the applicant would like to use this provision to apply for a Conditional Use Permit for this antenna monopole. Pentel asked as the Planning Commission has been looking at changing the telecommunications ordinance, would this zoning district still be an appropriate place for monopoles. Olson stated that he believed so and that the thing that drove changing the ordinance was to allow monopoles in areas where they are not currently allowed, which are in some cases Institutionally zoned districts. Olson stated that the Golden Valley Zoning Code defines these cellular phone antenna monopoles as "Essential Services - Class II". He stated that the monopole could not exceed 120 feet in height. The applicant is proposing an 85-foot high monopole and the base station accompanying the monopole will occupy an area of approximately 225 square feet. Olson stated that the monopole meets all the applicable setback requirements, with the exception of the 50-foot rear yard requirement. The applicant is proposing that the monopole be 36 feet from the rear yard property line in order to be less intrusive visually on Golden Valley Road and to keep it as far back on the property as possible. Olson stated that the applicant would be going before the Board of Zoning Appeals to request a variance from this setback requirement in the Institutional (1-1) Zoning District. Olson discussed the factors for consideration and the conditions that would be made part of any approval of the monopole listed in his memo and referred to item number 10 regarding interference with any other communication systems. He stated the applicant submitted a letter in which they state that the monopole will not cause any interference. McAleese referred to item number 3 on the list of conditions where it states that if the monopole is abandoned, it shall be removed with twelve months. He stated that that seems to be an exceptionally long time for something that's been abandoned. Olson stated he based this on other ordinances he's read and that time period could be reduced. Pentel asked if the financial burden of removing the monopole would fall on Qwest. Olson stated that language could be added to the conditions of approval. McAleese stated he was concerned about allowing this conditional use under the catch all category and questioned the time period of revising the conditional use ordinance. Olson stated that the City Attorney recommended putting it under the catch all category and that a consultant is looking at the ordinance and he hoped to see a draft by fall. McAleese stated he's concerned about creating an exception to the code and doing it in a way where he's not sure we have guidelines that will allow us not to allow exceptions that are of a slightly different nature that come forward in the future. He stated that based upon the list of conditions, he doesn't think this is a compatible use. Shaffer stated that the proposed monopole is 85 feet tall and that it's 65 feet away from the existing building and 65 feet away from power lines to the south. He questioned if it would need to be further away or if the utility company would need to look at this in case Minutes of the Golden Valley Planning Commission April 9, 2001 Page 3 it were to fall over. Olson stated that he's been told by providers and engineers that these poles have never fallen over. Shaffer asked if these poles have been designed for co-location. Olson stated that would be a question for the applicant. Garrrett Lysiak, P.E., Owl Engineering discussed his report dated March 28,2001. He stated the first step in the process was to evaluate the present Qwest system coverage to determine if the proposed tower is needed to provide the required system coverage levels or if any other existing structures in the immediate area might provide the needed coverage. He explained the next step in the process is to review other potential existing structures that could be used instead of constructing a new tower in the area. The other sites considered were: NSP transmission line poles, AM radio towers used by KDIZ, Industrial property near Golden Vally Road and Douglas Drive and the city water tower. Lysiak stated he did an interference study using the FCC frequency database and determined that no interference is predicted to be generated. He stated that these monopoles are very substantial and are designed not to fall down and if they were to break, they would break in the middle and bend over themselves. He suggested having something written in the ordinance about co-location and abandonment Pentel asked about co-location and if Qwest co-locates. David Mitchell, Radio Frequency Engineer for Qwest Wireless, stated that the proposed application is designed for one additional co-location. Pentel asked if the co-Iocater would pay rent to Qwest. Mitchell replied yes, but stated it was company information and couldn't discuss the specifics of the lease. Groger asked about the equipment at the base of the tower. Mitchell stated that there would be 2 cabinets approximately 5 to 6 feet tall and 2 feet square. Shaffer asked if the power company has any concerns about the tower being located at the proposed site. Mitchell stated no concerns have been expressed to them. Pentel opened the informal public hearing. Bruce Lee, 1100 Idaho Avenue, stated he's concerned about a tower being less than a block away from his house and having to look at it everyday. He also stated he's concerned about the power lines being close to the tower and the possible radiation waves that would be given off. Lysiak stated that the FCC has clearly defined the hazards of radiation and as part of the licensing they have to comply with the standards. He stated that people would have to come within a very close distance to the power source for it to be a hazard and that the antenna being proposed is 85 feet off the ground, he didn't see this as a concern for radiation. Olson stated that the health effects have not been proven and according to Federal law cities can't zone these towers out because of the possible radiation hazards. Ardis Paulson, 1001 Idaho, stated she already has problems with interference on her TV. and radio and is concerned about the monopole causing further interference. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 4 Lysiak stated that the Paulson's should talk directly with the radio station regarding any interference she is experiencing. He stated that the monopole being proposed will be of such high frequency and so high up that it shouldn't cause any interference. McAleese stated it would be a good idea, as a condition, to require Qwest to resolve any complaints. Bruce Lee, 1100 Idaho Avenue, stated that it should matter that other locations in the area don't want the tower, and some of the neighbors don't want it. Don Anderson, 3030 Scott, Corporate Secretary of the Golden Valley Historical Society, stated they purchased the church in 1996 for the purpose of turning it into a museum. He stated they are a privately owned corporation; it is not a public property. He stated that the board of the Historical Society voted 7 to 1 to enter into an agreement with Qwest for a 30-year lease. That lease income will help the Historical Society considerably in their renovation plans. He stated the monopole and the equipment will be in the back corner and will be screened and will blend in with what's there to make it as unobtrusive as possible. Pentel asked if the proposed location is an area that they currently use for snow storage. Anderson stated it was, but there would still be enough room to the west for snow storage. Hoffman asked who would maintain the monopole. Anderson stated Qwest would do the maintenance. Hoffman asked about people accessing the pole. Mitchell stated there are climbing pegs, but they are not accessible and the first peg is twelve feet off the ground. Pentel asked if there is going to be any additional lighting. Mitchell stated as far as security there wouldn't be any additional lighting. Pentel closed the informal public hearing. McAleese asked if the Historical Society had looked at the option of putting the pole on the steeple. Mitchell stated the steeple isn't high enough. There was discussion about abandonment of the tower and what would happen to the co-locator if the tower were to be abandoned and if the co-locator should become the new owner and if the CUP should be reworded to address these issues. It was decided to delete the words "whenever possible" in condition number one. Shaffer asked if a CUP is granted, is it granted to Qwest or to the property. McAleese stated it would be granted to the property. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 5 MOVED by Groger, seconded by McAleese and motion carried unanimously to approve the construction of a cellular telephone monopole on the Golden Valley Historical Society property. III. Informal Public Hearing - Conditional Use Permit (CU88-01) Applicant: Qwest Wireless Address: 200 Lilac Drive North, Golden Valley, MN Purpose: The applicant is requesting a Conditional Use Permit (CUP) to construct a cellular telephone monopole on the American Legion property. City Planner Dan Olson referred to his memo dated April 4, 2001. He showed the general location and the proposed site plan. Olson explained that the applicant is requesting a Conditional Use Permit to construct a cellular telephone monopole on the American Legion property. He stated the subject property is zoned Institutional (1-3). Olson showed a picture of the proposal and stated the applicant is proposing a 70-foot high monopole, which would be installed on an existing light pole. Olson stated that the proposed monopole meets all applicable setback and height requirements as defined in the Zoning Code. Pentel asked why this monopole doesn't have as many antennas on it. David Mitchell, Radio Frequency Engineer for Qwest Wireless stated that since it's on a utility pole and closer to the ground a different kind of technology is used. Garrett Lysiak, P.E., Owl Engineering stated that this tower won't have co-location on it due to the complexity and potential continuing maintenance problems posed by this type of installation. He stated the other sites considered included: the Boy Scouts building, Breck School, nearby office buildings and the City water tower. Pentel opened the informal public hearing. Hearing and seeing no one she closed the informal public hearing. Shaffer stated this seems like a good proposal, it's not near residential areas, it's unobtrusive and it meets the setbacks. Rasmussen stated there are several unscreened dumpsters on this site. Olson stated he would look into this. MOVED by Eck, seconded by Hoffman and motion carried unanimously to approve the construction of a cellular telephone monopole on the American Legion property with the removal of the first condition listed in Olson's memo dated April 4, 2001. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 6 IV. Informal Public Hearing - Property Subdivision (SU17-08) Applicant: Lions Park Development, llC Address: 7001 Harold Avenue, Golden Valley, MN Purpose: The applicant is requesting a subdivision of the main parcel of land in order to create five new lots from the one existing lot that totals about 56,313 square feet. City Planner Dan Olson referred to his memo dated April 4, 2001. He showed the general location and the proposed site plan. Olson explained that the applicant is requesting that the 56,313 square foot (1.29 acres) site be subdivided into 5 lots. Olson stated that all of the proposed lots meet all the setback requirements. He stated the City Engineer has requested an additional 1 0 feet of right of way and that that has been incorporated into the site plan. Shaffer asked what the rear yard setback requirements are. Olson explained that it is 20% of the lot depth. Olson referred to the three conditions that staff recommends be placed on the approval of the proposed lot subdivision. Pentel asked who determines what the park dedication fees are. Olson stated it is the Open Space and Rec. Commission. Pentel asked if these are bigger homes than what was proposed at the last planning commission meeting. Marshall Kieffer, 8815 West 34th, Applicant, St. louis Park, stated that the center three houses would be bigger, but the corner houses would not be. He stated that he wanted to make a correction on the plans. lot 5 shows 65 feet across the front, it really should be 58 feet across the front. He stated he has submitted a tree preservation plan and is making a donation of the building to the fire department for training. Shaffer stated he is concerned about the houses being built to the limits shown on the plans and if people want to add decks or additions it would then require a variance. He stated he'd like to present as a condition to the proposal that these limits are planned into the house when it's designed. Kieffer stated that they are going to have more of an "l" shape design and won't go all the way to the rear yard setback. Kieffer showed a picture of what the homes might possibly look like. Pentel opened the informal public hearing. Helene Johnson, 240 Kentucky Avenue N., stated she is concerned about the proposed homes having cable access because she has had problems connecting to cable. She is also concerned about the landscaping and silt fence shown on the plans and questioned the timeline of the construction of these homes. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 7 Kieffer stated the silt fence is required by the City during construction to catch garbage and debris and will be removed as the project is finished. Kieffer explained that as far as landscaping, they don't have restricted covenants, but there is a $5,000 landscaping package. Kieffer stated that the construction would begin at the end of June 2001 and would end approximately 12 to 14 months later. Seeing and hearing no one, Pentel closed the informal public hearing. Shaffer asked if a condition could be attached to the approval that would require any additions or decks to be within the limits that are shown on the plans so they wouldn't have to go before the Board of Zoning Appeals with variance requests in the future. McAleese stated that since this is a subdivision they couldn't add conditions to it, as long as the applicant meets all the subdivision requirements. Groger stated that the date listed on Olson's memo in condition number three on the site plans, should be dated March 19,2001. MOVED by Rasmussen, seconded by Groger and motion carried unanimously to approve the subdivision of the main parcel of land in order to create five new lots from the one existing lot. V. Informal Public Hearing - General Land Use Plan Map Amendment Applicant: Lions Park Development, LLC Address: 7001 Harold Avenue, Golden Valley, MN Purpose: The applicant is requesting to change the General Land Use Plan Map for the property from Schools and Religious Facilities to Low Density Residential. McAleese stated he has concerns about institutional land being eliminated and changed to residential and about not having land set aside for institutional uses. Olson stated he gets requests for 3 to 4 acres for institutional uses and suggested allowing a conditional use for churches in commercial areas. Pentel opened the informal public hearing. Seeing and hearing no one Pentel closed the informal public hearing. MOVED by Eck, seconded by Rasmussen and motion carried unanimously to approve the General Land Use Plan Map amendment for the property from Schools and Religious Facilities to Low Density Residential. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 8 VI. Informal Public Hearing - Property Rezoning (Z017-03) Applicant: Lions Park Development, LLC Address: 7001 Harold Avenue, Golden Valley, MN Purpose: The applicant is requesting a rezoning of the property from Institutional (1-1) to Residential. Pentel opened the informal public hearing. Seeing and hearing no one, Pentel closed the informal public hearing. MOVED by Shaffer, seconded by Hoffman and motion carried unanimously to approve the rezoning of the property from Institutional (1-1) to Residential. -- Short Recess -- VII. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Groger attended the last City Council meeting and stated they discussed the Hidden Lakes EA W. VIII. Other Business A. Approval of the 2001 - 2005 Capitol Improvement Program Don Taylor, Finance Director, presented the review of the 2001-2005 Capital Improvement Project. Taylor passed out a financial analysis of past years projects in comparison to projects for this CIP. Eck asked where the funding was shown for the TIF that was approved at the last meeting. Taylor stated the only thing included in the introduction is the public improvements related to those projects. Pentel referred to page 8 of the CIP. She asked about the Capital Improvement Fund used for Public Works purposes. Taylor stated that money is used for Public Works improvements, including equipment, improvements to buildings and financing part of the pavement management program. Groger inquired about the 4-year computer replacement schedule referred to on page 28. He stated that $75,000 seemed like a lot of money for computer and printer replacement. Taylor stated that included software, cabling and adding new computers. Minutes of the Golden Valley Planning Commission April 9, 2001 Page 9 Pentel inquired about the $35,000 cost for holiday lights on Winnetka referred to on page 86. Taylor stated that costs include receptacles and underground wiring. McAleese asked if that were something City staff could do. Taylor stated it is going to have to be done by an electrical contractor. Pentel referred to page 90 of the CIP. She asked about the $250,000 cost to remodel and connect two departments and asked when the City Hall building was built. Taylor stated it was built in 1959 and remodeled in 1989-90. He stated that the two departments need to be remodeled due to the increase in staff. Pentel commented that on page 102, she was glad to see the $60,000 Sweeney Lake Trail improvement project. Taylor stated that Hidden Lakes will be paying a park dedication fee, which will go toward this project. Groger asked why the parking project at Scheid Park referred to on page 106 will be put off for 4 years. Taylor stated that the project is controversial and has been put off for now. They are also waiting for the sale of the house of the neighbor next to the lot the City bought. Hoffman inquired about the raising of the golf course rates. Taylor stated that the golf course is financed 100% by the golf course fees. It pays for operations, capital improvement and an additional $85,000 towards park and recreation programs. Pentel inquired about the pedestrian connections on Highway 55 at Rhode Island referred to on page 134. Taylor stated the amount listed in the report includes this pedestrian connection and intersection work. Pentel referred to page 136 regarding the Winnetka Avenue streetscape. She stated that all of the signs along Winnetka are crooked. Eck inquired about the LaurellWinnetka project referred to on page 143. He asked why there wasn'tgoing to be any work done between Pennsylvania and Winnetka until 2003. Taylor stated the City Council has asked the Engineering department for ideas on how to deal with Laurel Avenue as a collector street, and to come up with ways of dealing with traffic and pedestrians. Pentel referred to page 151 regarding the inventorying of natural resources. She stated it was unclear what was going to be included in the inventory and if it was going to be used by the Environmental Commission. Taylor stated it's a natural resource inventory and management plan and everything will be looked at including, ponds, streams, trees, etc. The City will be applying for a grant to do this work. McAleese asked if this natural resource information would be added to the GIS system. Taylor stated it would be. Pentel referred to the Wisconsin Avenue control structure on page 152. She asked if it will be canoeable when the project is done and if the Bassett Creek Water Commission is going to help pay for this project. Taylor stated the Bassett Creek Water Commission wouldn't be paying for this project because it is mainly being done to help control the Minutes of the Golden Valley Planning Commission April 9, 2001 Page 10 flooding on the golf course. He stated he didn't know if it would be canoeable, but said he'd check on it. MOVED by Hoffman, seconded by McAleese and motion carried unanimously to approve the 2001 - 2005 Capitol Improvement Program. B. Discussion of Planning Commission ethics information from National APA Conference, New Orleans Shaffer handed out information he received at the National APA Conference. He suggested contacting the author of the article to see what he suggests reading. Olson stated he would gather more information and they could discuss more at the first meeting in May. C. Discussion of joint meeting with the City Council to discuss PUD and other Zoning Code Revisions Olson stated he spoke with the Mayor and she suggested have a joint meeting to discuss the PUD Ordinance and the Zoning Code on the same night as a Planning Commission meeting. She also suggested having the City Attorney at this meeting. McAleese stated he didn't think an hour meeting would be sufficient. Rasmussen stated it would be helpful to know some background information and why the PUD and Zoning Code were written the way they were. D. Discussion of May 28, 2001 Planning Commission Meeting The May 28, 2001 Planning Commission Meeting is cancelled due to Memorial Day. There was discussion about moving the May 14 meeting to May 7. Olson stated he would look into it and contact everyone with the May meeting dates. IX. Adjournment The meeting adjourned at 9:45 pm.