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HomeMy WebLinkAboutJanuary 23, 2024 PLANNING AND ZONING COMMISSION MEETING – JANUARY 23, 2024 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Godfrey on January 23, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Karen Godfrey, Commissioners Scott Hudson, Bert Koehler IV, Nick Loehlein, and Jon Shafto. Commissioners absent: Commissioners Pat Shuman Jr. and Ryan Winge Also present: City Planner Peter Hellegers PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES November 14, 2023 Regular Meeting Minutes Motion by Loehlein, seconded by Hudson, to approve the minutes as amended. Motion carried on a 4-ayes, 0-nays,1-present (Koehler), 2-absent vote. PUBLIC HEARING: Lot Split – 17845 Round Lake Blvd NW; PID# 04.32.24.23.0010 – Dennis Harper (Applicant) The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council for a lot split at 17845 Round Lake Blvd NW. The applicants propose to split the 10.53-acre parcel to create two (2) conforming rural lots. City Planner Hellegers reviewed the proposed lot split would require a public hearing as one of the parcels is smaller than 5 acres. Staff provided the required notice including mailed notice to all property owners within 700-feet of the subject property and advertised in the Anoka County Union Herald newspaper. Staff also attempted to post a sign on the subject property, but the ground was frozen and there was not enough snow to support the sign. A building permit for the house on the property at 17845 Round Lake Boulevard was issued in 1978 and the property is on private well and septic service. A permit was issued for a Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 2 40-foot by 60-foot storage building in 1982, and a permit was issued to move the 20-foot by 40-foot storage building to the rear yard area shortly thereafter. The subject property is stth generally located south of 181 Avenue NW, west of Gladiola Street NW, north of 176 Lane NW, and east of Round Lake Boulevard NW. The applicants are proposing to split the property to allow for the development of the southern portion. The proposed lot split would utilize a jog in the property line to keep the existing storage buildings with the existing home on the northerly portion of the property. The proposed lot split would utilize a provision of City Code 12-3-5 referred to as the “90% rule”, which on lot splits allows either the lot width, lot depth, or lot area to be less than the stated minimums provided that at least two of those three dimensions meets the standard, and the dimension that does not is within ninety percent of that standard. The proposed lot split meets the R-1 Single-Family – Rural requirements, is in compliance with the Comprehensive Plan and meets the minimum lot requirements for the district utilizing the 90% rule for the lot width on Parcel B. The following staff review comments for the lot split will need to be addressed before the lot split can be recorded: 1. A permit for work within Anoka County Right of Way will be required for a new driveway access. Per Anoka County Highway Department comments received 12/27/23; dedicate additional 10’ of right of way beyond the existing 50’ ROW east of centerline. ACHD also noted that the new driveway access on Parcel B shall be located within 50’ of the south lot line. 2. A proposed grading plan is required prior to building permit issuance but it is not required for the lot split approval. Once the new structure is constructed, a final as- built grading survey will need to be prepared as a part of the final building department approval. Refer to the City’s Land Survey Standards for complete list of requirements. 3. Per emails between the City and design engineer/geotechnical engineer, a 15’ boring depth was allowed based upon the fact that the homeowners were planning on constructing a slab on grade structure. City staff recommended going down 20’ on the chance the owners wanted to construct a full basement on the new parcel. The proposed lot split plan calls out a basement and ground floor elevation, which is inconsistent with a slab on grade structure. For a slab on grade structure, the soil boring and groundwater information provided is sufficient. However, if a basement is desired, it is required to have the Geotechnical Engineer complete a 20’ minimum depth boring and provide a memo on their opinion of what the highest anticipated groundwater elevation would be. Per City Code, low floor elevations shall be a minimum of 3’ above this elevation and a minimum of 2’ above the adjacent wetland HWL (891.0) allowed for estimated HWL per City engineering department review and email. Either revise the plan to depict a slab on grade structure with no basement elevation provided, or complete the boring to a minimum depth of 20‘ as originally recommended and provide memo as identified above. Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 3 4. Additional comments pending further review. It is a requirement that the applicant respond to each of these items in writing when re- submitting the revised lot split submittal to the City. Comments were received from the Anoka County Highway Department (ACHD) dated December 27, 2023 and were included for Commission review along with a Certificate of Survey. One new parcel is created by the lot split process. A park dedication fee and a trail fee for the new parcel would be required to be paid for at the time of the recording of the lot split. The Commission is requested to recommend the City Council approve the lot split with the following conditions: 1. City of Andover staff review comments dated January 4, 2024. 2. Setbacks for structures on the newly created parcel will need to be located based on the revised edge of the right-of-way as per the Anoka County Highway Department comment letter from December 27, 2023. 3. The applicant shall be required to pay a park dedication fee and a trail fee for the newly created parcel prior to the recording of the lot split with Anoka County. 4. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies that may be required in order to develop the property. 5. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 6. All required permits must be obtained from the Lower Rum River Watershed Management Organization and the Anoka County Transportation Department prior to the issuance of a building permit. 7. The applicant shall make significant progress in the first twelve (12) months after approval, or the lot split will become null and void. Commissioner Koehler asked if staff is amenable with the little jog in the middle of the property. Mr. Hellegers stated although it is unique, staff does not have an issue with the proposal. If the line were drawn without the jog, the lot would be short of the 90% mark for frontage, so the jog is necessary to make the 90% standard work. Chair Godfrey opened the public hearing at 7:08 p.m. No one appeared to address the Commission. Mr. Hellegers stated one call was received asking what was being proposed. They had no concern. Chair Godfrey closed the public hearing at 7:09 p.m. Commissioner Koehler stated his only concern is the jog in the middle of the property. It is a creative solution to meet City Code. In the future if the properties are sold there would be a jog in the middle of the property line. Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 4 Motion by Loehlein, seconded by Koehler, to recommend the City Council approve a request for Lot Split – 17845 Round Lake Blvd NW; PID# 04.32.24.23.0010 – Dennis Harper (Applicant). Motion carried on a 5-ayes, 0-nays, 2-absent vote. Mr. Hellegers noted this will come before the City Council on February 6, 2024. PUBLIC HEARING: Conditional Use Permit – Antennas on Existing Tower & Ground Mounted Equipment – 16157 Round Lake Blvd NW; PID# 16.32.24.23.0019 – SMJ International on behalf of Dish Wireless (Applicant). The Planning and Zoning Commission is requested to hold a public hearing and make a recommendation to the City Council for a Conditional Use Permit to consider adding antennas to an existing telecommunications tower at 16157 Round Lake Boulevard NW. City Planner Hellegers noted SMJ International has applied for a Conditional Use Permit on behalf of Dish Wireless, to allow Dish Wireless to attach antennas to an existing telecommunications tower, along with ground mounted equipment serving the antennas, on the property located at 16157 Round Lake Boulevard NW. SMJ International was hired by the cell towner owner, American Tower, to submit the application on behalf of tenant Dish Wireless to install three (3) antennas along with tower mounted equipment supporting the antennas, including six (6) remote radio head units (RRH) and one (1) overpower (OVP) unit. The owner of the underlying parcel is AVR, Inc., which has signed the CUP application. The proposed antennas and support equipment would be mounted at 166-foot height on the existing 200-foot self-supporting tower. In addition to the equipment mounted on the tower, Dish Wireless would also install ground- mounted equipment including a 5-foot by 7-foot raised metal platform that will hold an equipment cabinet. The ground equipment would be located inside the existing fenced cell tower lease area around the cell tower. A site location map was provided for Commission consideration along with a survey and plans showing the specific location of the proposed equipment on the tower and within the tower lease area. Mr. Hellegers discussed the review criteria per City Code §12-14-6B along with staff comments regarding each condition. Photo images of the site from adjacent roadways were also presented. The Commission is requested to consider a recommendation to the City Council to approve the Conditional Use Permit for three additional antennas and appurtenant tower-mounted equipment to a telecommunications tower, as well as the ground-mounted equipment subject to the following conditions: Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 5 1. The applicant, or their successors or assigns, shall be responsible for obtaining the required building and electrical permits from the City of Andover prior to the commencement of work. 2. The applicant shall meet staff’s comments as part of the review process. 3. The antennas and associated equipment shall conform to the plans dated 12/20/2023 and any revisions as per staff comments. 4. The antennas and associated equipment shall not interfere with public safety telecommunications. The applicant shall document what steps they will take to avoid interference with established public safety telecommunications. 5. Install privacy slats in the existing chain link fence around the base of the tower for the cell tower lease area, ,to ensure the equipment is within a screened enclosure. 6. Unless specifically identified here, all previous CUP conditions shall still apply. 7. Applicant shall make significant progress in the first twelve (12) months after approval, or the permit will become null and void. Chair Godfrey opened the public hearing at 7:16 p.m. th Mr. Andy Bovritzki, 132 West 8 Street, Mankato, MN, agent for the project appeared to address any questions. Commissioner Koehler asked what the timing is for the project and how long it will take to complete. He also asked what benefit this will provide to the citizens of Andover. Are any alternate sites being considered other than this one. If the CUP is approved will this site be constructed. Mr. James Ries, 701 West River Parkway, Champlin, MN, works for DISH Wireless. The nd project is on the plan for 2 quarter of 2024. It will take approximately 3 weeks to th complete. No crane will be needed for this installation. Boost Infinite is a 4 carrier part of th the T-Mobile Sprint merger. This will bring a 4 competitor to the national wireless market. The owner of DISH took on that opportunity and they are currently live in th Minneapolis as a 4 carrier option. An alternate location would need to be found if this CUP is not approved. Another pole adjacent to this site would be considered. Commissioner Loehlein asked Mr. Ries if these attachments provide mobile service. He asked the area of coverage. Would these additional antennas create a lot more traffic on the nearby streets. Mr. Ries stated this does not provide TV. It is strictly for data and voice on the 5G network. The overall distance will vary but generally line of sight up to a mile or two. No increase in traffic will occur. Chair Godfrey asked about the sufficiency of using this tower. In looking at the structural analysis report, it would be at 99% of maximum usage for this tower. She asked if that is sufficient or would that need to be exceeded. Will the 5 x 7 pad be an additional pad. Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 6 Mr. Ries stated that is sufficient. The structural analysis report is always done. They have full confidence the capacity is sufficient for the loading proposed. Mr. Ries stated the 5 x 7 steel platform will be an added piece adjacent to the tower. There would not be another good space for an equipment shelter as noted in staff’s report. The network involves less equipment. Maintenance is typically done once a month including a couple hour visit. It is an unoccupied facility. Mr. Ries thanked the Commission for their review of this request. Chair Godfrey closed the public hearing at 7:24 p.m. Commissioner Koehler asked Staff if any other vendor has approached the City wanting to use this tower for their antenna. Mr. Hellegers stated there is an existing carrier that may look at doing some other things with ground equipment but not on the tower at this time. Motion by Hudson, seconded by Loehlein, to recommend the City Council approve a request for Conditional Use Permit – Antennas on Existing Tower & Ground Mounted Equipment – 16157 Round Lake Blvd NW; PID# 16.32.24.23.0019 – SMJ International on behalf of Dish Wireless (Applicant).Motion carried on a 5-ayes, 0-nays, 2-absent vote. Mr. Hellegers noted this will come before the City Council on February 6, 2024. OTHER BUSINESS Mr. Hellegers stated at the November 2023 meeting there were two items related to the items across from City Hall, City Council tabled those two items. The interim use permit request was approved by City Council. The variance for the access road was approved by the City Council. In January of 2023 there were two requests for restaurants by Festival and a request for extension was granted to extend to January 2025. Two final plats were approved at the City Council; Legacy at Peterson Farms and Fields of Winslow Cove Third Addition. Commissioner Koehler asked Mr. Hellegers if there has been any movement from AT&T on the antenna they promised to have up by October and Mr. Hellegers stated there has not yet been any movement. Commissioner Koehler asked if they are expecting it to actually get done. Mr. Hellegers stated they can certainly check the status and provide an update before the next meeting. Commissioner Koehler stated he will be asking again. Commissioner Loehlein commented they haven’t seen the revisions to the minutes in this format in the past and offered his thanks to see the minor revisions highlighted. Commissioner Koehler noted Joe Mauer was inducted into the Hall of Fame and offered his congratulations. ADJOURNMENT Regular Andover Planning and Zoning Commission Meeting Minutes – January 23, 2024 Page 7 Motion: Chair Godfrey assumed a motion to adjourn the meeting 7:30 p.m. Motion carried by unanimous consent. Respectfully Submitted, Debbie Wolfe, Recording Secretary TimeSaver Off Site Secretarial, Inc.