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HomeMy WebLinkAboutJuly 11, 2000 o o o o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 11,2000 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on July 11,2000, 7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Mark Hedin, Larry Dalien, Maynard Apel, Dean Daninger, Tim Kirchoff, and , Douglas Falk. Commissioners absent: There were none. Also present: City Plariner, John Hinzman Zoning Administrator, Jeff Johnson Others APPROVAL OF MINUTES. June 27, 2000 Motion by Kirchoff, seconded by Apel, the Minutes be approved as submitted. Motion carried on a 7-ayes, O-nay, O-absent vote. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 00-06) -ANTENNA EXCEEDING35'-3017161sT AVENUENW- US WIRELESS. Zoning Administrator Jeff Johnson presented the request for a Special Use Permit from US West Wireless, L.L.C. to co-locate six antennas on the existing Sprint Spectrum telecommunications tower located at 3017161 st Avenue NW. He explained that the property is zoned I, Industrial and is 5.5 acres in size. Mr. Johnson mentioned that if the application is approved the applicant will be required to meet all applicable ordinances. He also explained that US West will utilize the existing 2,500 square foot lease area at the base of the tower to place their ground. equipment. He mentioned that Mr. Walter Johnson, the property owner, has been notified o of this request. U Regular Andover Planning and Zoning Commission Meeting Minutes - July 11, 2000 Page 2 o r , , ,~ Commissioner Kirchoff questioned an application that had been submitted in the past. He mentioned that he understood that if one was to add to an existing tower it was mandatory to go higher. David Mitchell, a representative from US West, explained that the City's moratorium won't allow the tower to go any higher, however they are willing to accept this condition. He mentioned that they look forward to working with the City of Andover. Commissioner Kirchoff questioned the service area for the tower. Mr. Mitchell explained that the distance would be approximately a 1-Yz mile radius. Motion by Daninger, seconded by Hedin, to open the public hearing at 7:11 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. \ '- ) Leon Packer, 3074 16151 Avenue, questioned what the RF rating would be once the antennas are installed. He suggested having an engineer examine the situation and determine if the existing tower would be able to handle the additional weight. He stated that he hopes he can be provided with some ofthe answers from the commission instead of the applicant since they are the ones to make the decision and therefore should be aware of the circumstances. Mr. Johnson explained that City Staffis currently working on gathering additional information. Mr. Hinzman explained that prior to any construction a structural engineer would have to sign off approving that the existing tower will be able to handle the additional weight. Mr. Packer questioned the amount offrequency each antenna can carry. He also questioned based on the amount offrequency, if the facility is indeed large enough to handle the increase in capacity. Chair Squires explained that the concerns of Mr. Packer are not for the Planning Commission to answer since the application is regarding a zoning issue. MS.Deb Packer questioned the purpose of the public hearing if the concerns of the people can not be answered. Chair Squires explained that federal law limits the Commissions review to zoning issues, not radio frequency issues. Ms. Packer questioned if US West could clarify some of her concerns. :_) Mr. Mitchell gave a detailed explanation of the frequency power, and mentioned that it is not possible to guarantee that it is safe. He mentioned that there are specific standards o U Regular Andover Planning and Zoning Commission Meeting Minutes - July 11, 2000 Page 3 / '. \.J US West is required to meet and they do in fact exceed those expectations. Mr. Mitchell also explained that the corporate engineering team reviews the data to insure that we are not endangering anyone or anything surrounding the area. Chair Squires questioned if that information would be available for the people. Mr. Mitchell stated that he is unsure if that information is available for the public but stated that he would check into it further. There was no other public input. Motion by Kirchoff, seconded by Hedin, to close the public hearing at 7:20 p.m. Motion carried on a 7-ayes, O-nay, O-absent vote. Mr. Johnson stated that City staff has been meeting with the task force and some of the concerns mentioned are being discussed. He explained that they are trying to limit additional towers built around the City. He stated that it would come back before the Planning Commission in approximately a month or two for review of the ordinance. ~J Commissioner Kirchoff questioned if it would be possible to wait 5 months then once the ordinance is reviewed the tower could be made higher. Mr. Johnson stated that it would be a possibility. Commissioner Dalien questioned the length of the tower. Mr. Johnson stated the tower height is 140', but the proposed addition equipment would be at the 125' level. Commissioner Kirchoff questioned once again about waiting 5 months and then extending the tower. Mr. Johnson stated that it is an option and if it did happen then a structural engineer would have to give approval. Commissioner Apel suggested working with the ordinances that currently exist. Chair Squires suggested attaching a condition to the motion that would require the applicant to seek certification by a structural engineer. Mr. Johnson stated that he would agree that there be an additional condition to state that certification by a structural engineer would be necessary. :~) Motion by Apel, seconded by Daninger, to forward to the City Council a recommendation to approve Resolution No. R_-OO for a Special Use Permit request of US West Wireless, L.L.C. to co-locate six personal communication service antennas on the Sprint Spectrum telecommunications tower (antennas to be located 125 feet above the existing grade) subject to the following conditions: o (J Regular Andover Planning and Zoning Commission Meeting Minutes - July 11, 2000 Page 4 -" ., ; ) '-_ .I The Special Use Permit will be subject to annual review and site inspection by City Staff. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). The Special Use Permit will be subject to a certification by a structural engineer and presented to the City to assure the structure can hold the additional antennas. Motion carried on a 7-ayes, O-nay, O-absent vote. Mr. Johnson mentioned that City Staffwill continue to work with US West to address the concerns of the Packers who live adjacent to the site. Chair Squires stated that this item would be considered at the August 1, 2000 City Council meeting. DISCUSSION, CONT.: AMEND ORDINANCE 8 - CONTRACT REZONING AND TRANSITIONAL COMMERCIAL DISTRICTS, u City Planner John Hinzman presented the commission with a final draft of a revision to Ordinance 8 regarding contract rezonings and transitional commercial districts. He explained that the changes requested at the last meeting have been made and therefore asked the Planning Commission to recommend approval. Motion by Falk, seconded by Hedin, to recommend to the City Council approval of the changes to Ordinance 8. Motion carried on 7-ayes, O-nays, O-absent vote. Chair Squires stated that this item would be considered at the July 18, 2000 City Council meeting. DISCUSSION: ACCESSIBILITYlBUILDABILITY OF LANDLOCKED PARCELS. Mr. Hinzman explained that the Planning Commission is being asked to review City ordinances pertaining to accessibility and buildability of landlocked parcels. He mentioned that there have been some recent application requests that have caused this issue to be reviewed. (.J Mr. Hinzman explained that the current ordinance prevents the development of landlocked parcels, since it is property without frontage on a public roadway. He stated that the commission has the option to make no change to the ordinance or to allow either flag lots, private roadway easements, or variances. He mentioned that staff has conducted a survey of surrounding communities to determine if flag lots or private roadway o (J Regular Andover Planning and Zoning Commission Meeting Minutes - July 11, 2000 Page 5 /- " , , ,_/ easements are allowed. The vast majority of the communities surveyed did not allow flag lots nor did they allow private roadway easements. Chair Squires questioned how it came about to review the City ordinances pertaining to accessibility and buildability ofIandlocked parcels. Mr. Hinzman explained that the City Council has asked the commission to review the ordinances. Commissioner Dalien questioned what recent applications have caused the issue to surface. Mr. Hinzman reviewed two recent applications concerning buiIdabiIity of landlocked parcels. Chair Squires questioned ifflag lots and easements are the same thing. Mr. Hinzman explained the differences. Commissioner Apel stated that he understands what is happening, however mentioned that it may not be the best decision to make the change since it is not necessary to develop every piece ofIand. , ~ '-.J Commissioner Kirchoffmentioned that the ordinance has been round for 30 years and therefore why make a change. Commissioner Apel stated that if there becomes an application where the situation is similar then it would be possible to look at it as a possible variance. Commissioners Dalien and Daninger mentioned concerns on how emergency vehicles would access the property. Commissioner Daninger questioned that if no change is made than a possible variance process would be pursued. Mr. Hinzman stated that it would be possible to grant variances if they met hardship criteria. Chair Squires stated that the consensus of the commission was to make no change at this time to City ordinances pertaining to accessibility and buiIdability of landlocked parcels. Mr. Hinzman stated that he would forward the comments and suggestions from the commission on to the City Council at their next meeting on July 18, 2000. OTHER BUSINESS. ,') '-_/ Mr. Hinzman briefed the Planning and Zoning Commission on the outcome of the issues that were pending with the City Council. He also gave a brief overview of items that will be up for discussion at the next Planning Commission meeting. ~~ .~~ Regular Andover Planning and Zoning Commission Meeting Minutes - July 11, 2000 Page 6 , " , / Mr. Hinzman mentioned that there is a special meeting for the City Council and the Planning and Zoning Commission on August 8, 2000 at 6:00 p.m. ADJOURNMENT. Motion by Daninger, seconded by Falk, to adjourn. Motion carried on 7-ayes, O-nays, 0- absent vote. The meeting was adjourned at 7:46 p.m. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver Off Site Secretarial, Inc '- ./ .J