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HomeMy WebLinkAboutFebruary 9, 2010 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda February 9, 2010 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes - January 12,2010 3. PUBLIC HEARING: Conditional Use Permit 10-02 to consider telecommunications tower for Clear Wireless, LLC in Andover Lions Park located at 13960 Palm Street NW. 4. PUBLIC HEARING: Conditional Use Permit 10-03 to consider 0 telecommunications tower for Clear Wireless, LLC in Shadowbrook East Park located at 13789 Butternut Street NW. 5. PUBLIC HEARING: City Code Amendment to consider changes to City Code for Exterior Storage of Commercial vehicles and other storage items. 6. Other Business 7. Adjournment 0 0 Sl\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 9,2010 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on February 9, 2010,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:05 p.m.), Lynae Gudmundson and Dennis Cleveland. Commissioners absent: Tim Kirchoff. Also present: City Planner, Courtney Bednarz Associate Planner, Angie Perera Others 0 OATH OF OFFICE Commissioners Cleveland and Gudmundson read the Oath of Office. APPRO V AL OF MINUTES. January 12,2010 Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion carried on a 4-ayes, O-nays, I-present (Gudmundson), 2-absent (Kirchoff, Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT 10-02 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC IN ANDOVER LIONS PARK LOCATED AT 13960 PALM STREET NW. Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 120 foot tall tower and wireless internet anteuna array within Andover Lions Parle A conditional use permit is required to locate anteuna above 35 feet in height. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. 0 Commissioner Walton arrived at 7:05 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 2010 Page 2 0 Chairperson Daninger asked for clarification of where the tower will be located in the parle Mr. Bednarz showed the plan to the Commission with the location marked on it. Motion by Casey, seconded by Walton, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Jason Kunzie, 13881 Sycamore Street, stated he found himself in a strange situation because he works for an engineering firm that sometimes helps companies build these towers and now he is on the other side of the coin arguing against the point, the reason being mainly aesthetics. He stated he thought this was an ill fit for this neighborhood. The biggest thing is the topography. The train tracks are elevated through this area and this is high ground and is going to be a beacon for the rest of the neighborhood to look at on both sides of the tracks. The utilities that go through here are at or below grade and having a 120 foot tower that is nearly three feet in diameter is completely out of place in the neighborhood. He stated to call this area a park is a little misleading because it is really a trail corridor. This is more of a bike and walking path and in people's yards. It is not near a large open space to buffer it. He thought because of that the size is disproportionate to the area. Mr. Kunzie stated another concern he had was that other utilities will be piggybacked on 0 top of the tower once it is constructed. He stated this could turn into a very large obtrusive piece of equipment. He wondered if this technology is really necessary. It seems pretty big and based on the size being proposed if they could install something smaller but more quantity could substitute for this. He also thought this will decrease their property values. He asked that they consider placement south of Bunker Lal(e Boulevard where other utilities are located. Mr. Chuck Rowley, 996 140111 Lane, stated he had some objections to this project. One of the primary reasons he bought his lot was because of the park and the cul-de-sac and it would be free from this kind of thing. He stated from his deck he will see the pole on the hill sticking up over the trees. His concern was the size of it and the possibility of hanging other utilities from it in the future. He was concerned with the drop in property value of his home if this were installed where proposed. He thought all options should be considered. Mr. Gary Johnson, 931 140111 Lane, asked who Clear Wireless is and what are they going to use the tower for. He stated it would be great to get better reception in their neighborhood. He also wondered what benefit Andover gets from this installation. He also wondered if any alternate builds have been discussed. Chairperson Daninger stated one benefit of this is that the City generates revenue from it and the park the tower is in will benefit by the revenue being used in the park for 0 maintenance and improvements. Regular Andover Planning and Zoning Commission Meeting Minutes-February 9, 2010 0 Page 3 Mr. Matt Larson, 987 139th Avenue NW, stated this tower is literally in his back yard. He wondered what other locations were considered because this is very close to the property lines where it is being proposed. He did not think having this tower placed back there made sense. He wondered why this was the ideal location for the tower. Mr. David Hagen, Consultant for Clear Wireless, LLC, explained that Clear Wireless is a wireless internet provider. He stated Andover will benefit by having wireless internet throughout the southern part ofthe City. The service will be more than twice as fast as any competitor in the area and at half the price. They believed there is a market for this service in the area. He stated Clear Wireless has looked at alternate sites. He explained the reason why they needed to place the towers where they are proposed in the City. He reviewed with the Commission the areas they looked at for placement of the towers. Chairperson Daninger asked Mr. Hagen if Clear Wireless explored any other type of pole to construct besides a mono-pole. Mr. Hagen stated as part of their process they had discussions with City Staff and other Commissions and felt that a stealth mono-pole structure as proposed with the antennas hidden within the tower itself would be a better solution to this area than would a camouflaged type of structure. Commissioner Casey asked if Clear Wireless was in any other municipality. Mr. Hagen stated they are currently going through other cities to launch this service in the metro 0 area. They do have services in Duluth and in St. Cloud. They have service also in thirty or forty metropolitan areas of one size or another. Commissioner Casey asked if was possible to put an antenna on a power pole such as Minneapolis has done. Mr. Hagen stated it is possible to do this but have not been able to reach an agreement with Xcel Energy to attach antennas on their poles. There is also concern with respect to that especially with putting them on poles high enough to serve their needs. Commissioner Holthus stated since it is on a hill could they use a shorter pole. Mr. Hagen stated they look at the elevation as part of their study and they chose this site because it is high and this is actually a shorter tower than if they were in a lower lying area. Commissioner Holthus asked ifthis location for the pole improve the wireless service for the residents that live in that neighborhood. Mr. Hagen stated it definitely would. Commissioner Walton asked how long this technology has been around. Mr. Hagen stated the use of the internet has been growing and they are providing high speed wireless internet service at a very reasonable price. Commissioner Walton asked if there were boosters for the signal to allow it to travel 0 farther than currently available. Mr. Hagen stated there was not. Regular Andover Planning and Zoning Commission Meeting Minutes - FebrlJary 9, 2010 Page 4 0 Commissioner Walton asked what will happen if this site is not approved or does not go up. Mr. Hagen stated this will affect sites around it and if there is not a site built in this area a fairly significant part of the urbanized part of Andover would not have coverage of this service. Commissioner Holthus asked if the location of the tower was closer to the corner of Bunker and the railroad tracks would that be out of range and if not, how would the pole need to be modified to be closer to that corner. Mr. Hagen stated he could not answer the second question nor could he say that would be a site that would work. Commissioner Holthus thought it would look less obtrusive if it was placed in that corner of the park. She thought that might be a better spot if in range. Commissioner Gudmundson asked how many ofthese towers did Clear Wireless plan to put in Andover. Mr. Hagen stated they have a total of five sites, three being approved already including two on water towers, one in Hidden Creek North Park, and the two being proposed at this meeting. Commissioner Gudmundson asked ifthe towers installed in Duluth and St. Cloud placed in parks. Mr. Hagen indicated some were placed in parks. Chairperson Daninger asked how Clear Wireless proposed accessing this site if approved. 0 Mr. Hagen indicated they would access it from the Bunker Lake Boulevard side to get in. Chairperson Daninger asked if there will be a shadow effect from this. Mr. Hagen did not think it would affect the reception for the surrounding homes. Chairperson Daninger asked if all the transmitters the same power at all these sites. Mr. Hagen stated they are all similar. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Chairperson Daninger indicated he received a letter from Gina & Scott Wills opposing the placement of the tower in the park. Mr. Bednarz stated he also received three emails from people opposing the proposal. Commissioner Gudmundson asked what other benefits there were for Andover besides the wireless internet. Mr. Bednarz explained the benefits. The Commission discussed the pros and cons for placement of the tower in the proposed location. Commissioner Walton stated a location in a park is acceptable to him but the location of 0 this particular tower bothers him. The location of the tower is of concern for Regular Andover Planning and Zoning Commission Meeting Minutes-February 9,2010 Page 5 0 maintenance and service. He thought moving it closer to Bunker Lalce Boulevard seemed like a more acceptable possibility to get it out of the natural area. Chairperson Daninger asked if any of the Commissioners were in favor of this location. Commissioner Holthus indicated she was in favor of it being at Lions Park but she did not like the location. She thought the Park Commission needed to decide where in the park the tower should be placed. Commissioner Cleveland stated he would be more comfortable with the tower placed elsewhere in the parle. Commissioner Casey agreed and stated it would be less obtrusive and disruptive to the neighborhood. Mr. Bednarz explained to the Commission the options they had for recommendation of this item. The Commission reviewed the park layout and discussed possible alternate sites for the tower. The majority of the Commission was ok with using the park for the tower but would like to have Clear Wireless, LLC find an alternate location for the tower. Mr. Hagen indicated they would be willing to look at alternate locations within the parle. 0 Motion by Walton, seconded by Casey, to recommend to the City Council approval of the tower in Lions Park but at a different location deferring either to the Parks Commission or the City Council for the exact location. Chairperson Daninger stated he was going to vote against this because he was not sure about the technology and even if they move this to the corner there are more houses over the train tracks. Motion carried on a 5-ayes, I-nays (Daninger), I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Park Commission at the February 18,2010 Park Commission meeting and March 2,2010 Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT 10-03 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC IN SHADOWBROOK EAST PARK LOCATED AT 13789 BUTTERNUT STREET NW. Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 118 foot tall tower and wireless internet antenna an-ay within Shadowbrook East Parle. A conditional use pennit is required to locate antenna above 35 feet in height. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. 0 Commissioner Walton left the meeting. Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 2010 Page 6 0 Motion by Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 5-ayes, O-nays, I-present (Walton) vote, I-absent (Kirchoff) vote. Mr. Jason Kunzie, 13881 Sycamore Street, thought this proposed construction of the towers seemed a bit counter to the City's effort in working with the Trust for Public Land for preserving open space. He stated they have open space and they are building on it and allowing commerce to build on it for a service that he did not think was needed. Mr. Bednarz reviewed the open space bond referendum with the residents and where towers are allowed in public areas of the City. Commissioner Walton returned to the meeting. Mr. Larson, 987 139tl1 Avenue, asked what Clear Wireless' market in Andover is and do they really need the service. He wondered what will happen ifthis service does not pan out and he also wondered who will be able to access this service and would they have to subscribe to the service to use it. Mr. Dave Hagen explained they are providing a service that will compete with other internet providers and at about half the cost with superior service. He understood there 0 were a large number of home businesses located in Andover that would utilize this service. He reviewed with the Commission who were the owners of Clear Wireless, LLC. He stated that if the towers are not used he thought they would be taken down. Commissioner Cleveland asked how many other antenna arrays could be placed on a tower of that size. Mr. Hagen stated up to three additional antenna arrays could be placed. The Commission reviewed with Mr. Hagen alternative sites for this tower. Chairperson Daninger asked if Clear Wireless has approached Anoka County regarding their tower in the area for placement of an antenna. Mr. Hagen stated they have approached them and it was submitted as a possibility to their radio frequency engineers and it was outside ofthe search area. Mr. Hagen discussed with the Commission other possible sites he had submitted for consideration. Motion by Casey, seconded by Walton, to close the public hearing. Motion can-ied on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Commissioner Walton asked ifthere is anything in the contract regarding removal of the 0 tower if it is not being used or goes out of business. Mr. Bednarz stated he was not sure Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 2010 Page 7 0 if there was a clause in the contract regarding removal and who would pay for the removal. The Commission agreed they would like the Park Commission to review this item and make a recommendation for placement of the tower. Motion by Walton, seconded by Casey, to recommend the tower in Shadowbrook but leave the location determination up to the Park Commission. Motion can-ied on a 4-ayes, 2-nays (Daninger, Goodmanson), I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Park Commission at the February 18, 2010 Park Commission and March 2, 2010 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR EXTERIOR STORAGE OF COMMERCIAL VEHICLES AND STORAGE ITEMS. Ms. Perera noted the City Council directed staffto prepare two draft amendments to the City Code pertaining to vehicles and exterior storage. The direction given was to allow up to one commercial vehicle such as a truck, suburban, or a van other than a "cube van" or "moving truck" to be parked on a residential driveway. They also directed that staff 0 prepare an amendment to allow an increased length of up to forty (40) feet for adequately screened recreational vehicles such as motor homes, campers, travel trailers that are located in the rear yards of rural lots which are two and a half (2.5) acres plus in size. The Planning Commission held a public hearing on January 12,2010 and continued the public hearing to the meeting tonight in order to review and consider a draft amendment as discussed. Ms. Perera reviewed the staff report with the Commission. The public hearing was continued from the last meeting. There was no public input. Ms. Perera asked the Commission what they felt would be appropriate for the maximum allowable Gross Vehicle Weight. The Commission was ok with the Gross Vehicle Weight of 12,000 pounds as proposed. Ms. Perera asked the Commission what would be the maximum number of commercial vehicles allowed to be parked in a driveway. The Commission discussed what they thought would be adequate and decided one in the driveway and one in the garage would be fine and it would be ok to have two vehicles in the driveway during the day but not overnight or on the weekend. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 2010 Page 8 0 Ms. Perera asked the Commission what types of commercial vehicles would be appropriate to allow. The Commission reviewed Ms. Perera's sample exhibit of the different styles and decided vehicles numbered one and two would not be allowed with the three criteria proposed in the draft code amendment but vehicles numbered as three and four would be allowed. Commissioner Cleveland stated he had a problem with the style ofthe vehicle numbered one because there are similar styles of small, foreign trucks that are out there and should not be excluded. Ms. Perera thought the Council wanted the cube van to be prohibited. Commissioner Walton thought the nine feet and 12,000 pounds limit was what should be used as criteria for commercial vehicles allowed. He wondered if they were going to go by shape and aesthetics or by commercial vehicles. Chairperson Daninger noted that based on the criteria, vehicles numbered as one, two and six would be prohibited. He thought they needed to keep all three criteria as proposed in the draft code amendment, otherwise they will be allowing in all sorts of commercial vehicles to be stored at a residence. Commissioner Walton stated as long as they allow two vehicles, he would be fine with leaving criteria three in as proposed. 0 Chairperson Daninger indi~ated that he was fine with vehicles numbered as three and four in the exhibit presented by Ms. Perera for vehicles to be allowed. He would recommend that the other vehicles numbered in the exhibit not be allowed. The Commission discussed screening of recreational vehicles. The majority ofthe Commission felt there should not be any screening because it would be difficult to require with the large recreational vehicles and there would not be a realistic way to regulate it. The Commission reviewed the types of vehicles they should allow to be stored in a driveway. Commissioner Holthus indicated she did not like any of the numbered vehicles presented in the exhibit. Commissioner Casey thought they should prohibit vehicle numbered as five and six along with numbers one and two. He thought vehicle number seven will become more popular in the future. Commissioner Cleveland, Gudmundson, and Walton agreed with Commissioner Casey. Chairperson Daninger agreed to allow vehicles numbered as three, four and seven because he thought this was the right fit. He thought these were smaller or the same size as the van and he did not want to go beyond that right now as a recommendation. Commission consensus was to include vehicles numbered as three, four and seven. 0 , Regular Andover Planning and Zoning Commission Meeting Minutes - February 9, 2010 Page 9 0 Ms. Perera stated staff will work with the City Attorney on language for the ordinance to accommodate those types of vehicles. Chairperson Daninger stated it was his understanding that all three criteria would remain in place along with the vehicles that were indicated. Motion by Walton, seconded by Casey, to recommend approval of the City Code amendment regarding exterior storage of commercial vehicles with the provisions given to them by City Staff and as discussed. Motion can-ied on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the March 2, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Gudmundson, seconded by Casey, to adjourn the meeting at 9: 18 p.m. 0 Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0