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HomeMy WebLinkAbout2016/12/07 - ADMIN - Agenda Packets - Planning Commission - RegularAGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. DECEMBER 7, 2016 1. Call to order – Roll Call 2. Approval of Minutes of October 5, 2016 3. Hearings A. Conditional Use Permit for Communication Tower Location: 8300 West Franklin Avenue Applicant: City of St. Louis Park Case No.: 16-41-CUP 4. Other Business 5. Communications 6. Adjournment STUDY SESSION 1. 2016 Annual Report (20 min.) 2. Vision/Comprehensive Plan Update (40 min.) If you cannot attend the meeting, please call the Community Development Office, 952/924-2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952.928.2840 at least 96 hours in advance of meeting. OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA OCTOBER 5, 2016 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Claudia Johnston-Madison, Torrey Kanne, Richard Person, Carl Robertson, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: Lynne Carper, Lisa Peilen STAFF PRESENT: Sean Walther, Gary Morrison, Clint Pires, Cindy Walsh 1. Call to Order – Roll Call 2. Approval of Minutes of August 17, 2016 Commissioner Tatalovich made a motion to approve the minutes of August 17, 2016. Commissioner Kanne seconded the motion, and the motion passed on a vote of 4-0-1 (Robertson abstained). 3. Public Hearings A. Conditional Use Permit and Variance for Communication Tower Location: 2501 State Highway 100 S. Applicant: City of St. Louis Park Case No.: 16-37-CUP and 16-38-VAR Gary Morrison, Assistant Zoning Administrator, presented the staff report. He explained that the City of St. Louis Park is the applicant, however the property is Benilde-St. Margaret’s High School (BSM). The City is requesting a Conditional Use Permit to allow a communication tower that is 70 feet in height, and a variance to allow the communication tower to be 106 feet from the property line instead of the required 140 foot minimum setback. The purpose of the antenna is to relay signals transmitted from water meters installed in the northeast portion of the city. Mr. Morrison reviewed conditions applied to communication towers. Mr. Morrison reviewed findings for the variance request. Mr. Morrison discussed the neighborhood meeting held on September 6, 2016. Mr. Morrison noted that city staff Clint Pires, Chief Information Officer, and Cindy Walsh, Operations and Recreation Director, were present to answer questions. Official Minutes Planning Commission October 5, 2016 Page 2 Commissioner Tatalovich asked about the selection of that particular light tower for the antenna. Mr. Pires responded that the selection was based on BSM’s preference to minimize damage to the ground of the athletic field itself, due to equipment needed for installation of the antenna. Commissioner Kanne asked the location of current antenna which is not able to receive a signal. She asked if the new location had been tested. Mr. Pires said a propagation study was conducted for the meter reading program. Engineers looked at topography and came up with specific areas that they thought would best support the reading from the meters. The three elevated water towers were chosen. But, problems occurred with readings located at the periphery of the city. Commissioner Robertson asked Mr. Morrison to discuss the code requirement for setback being twice the distance of the height of the tower. Mr. Morrison said the criteria can relate to the collapse radius and relates to aesthetic impacts. In this case there is an existing pole with several light fixtures on top of it and the antenna itself is only 10 feet above that with a diameter of 2 inches. Mr. Pires showed the Commission the antenna pole which would be used. Chair Johnston-Madison opened the public hearing. The Chair read a letter into the record from Conlan Law Group on behalf of client Joan Solomon, 2317 West Ridge Lane, opposing the requests and stating that practical difficulties do not exist which would necessitate a variance from existing city setbacks. As no one was present wishing to speak the Chair closed the public hearing. Commissioner Person asked if Ms. Solomon’s property is the closest residence to the pole. Mr. Morrison responded that is correct. Commissioner Robertson stated that being there is an existing pole there, absolutely no one is going to notice the addition of the antennae, and it does not cause any problems. Commissioner Robertson made a motion recommending approval of the Conditional Use Permit and variance, subject to conditions recommended by staff. Official Minutes Planning Commission October 5, 2016 Page 3 Commissioner Tatalovich seconded the motion, and the motion passed on a vote of 5-0. 4. Other Business A. Zoning Ordinance Amendment pertaining to Fences (tabled on July 20, 2016) Applicant: City of St. Louis Park Case No.: 16-28-Z Gary Morrison, Assistant Zoning Administrator, presented the staff report. The amendment proposes to establish and clarify materials that can be used to construct a fence. He discussed the Commission’s earlier review and study session discussion of the proposed amendments. Chair Johnston-Madison asked for more detail about decorative fencing. Mr. Morrison said the rationale is to capture materials that aren’t typically used for boundary fencing. Commissioner Robertson made a motion recommending approval of the Zoning Ordinance Amendment pertaining to fences as recommended by staff. Commissioner Kanne seconded the motion, and the motion passed on a vote of 5- 0. 5. Communications Gary Morrison spoke about an upcoming open street event, Walk and Talk, at Walker and Lake Streets on October 8. 6. Adjournment The meeting was adjourned at 6:27 p.m. Respectfully submitted, Nancy Sells Recording Secretary Planning Commission, December 7, 2016 Item #3a 3a Conditional Use Permit – Communications Tower Case No.: 16-41-CUP Location: 8300 W. Franklin Avenue Applicant: City of St. Louis Park Recommended Action: Close public hearing, approve Conditional Use Permit for erection of 70-foot communications tower. Description of Request: The City of St. Louis Park is seeking a Conditional Use Permit to allow a communication tower that is 70 feet in height in the Westwood Hills Nature Center (WHNC). The purpose of the tower is to collect signals broadcast from water meters recently installed in the houses in the Westwood Hills neighborhood. Comprehensive Plan: PRK Parks and Open Space Zoning: POS Parks and Open Space Neighborhood: Westwood Hills Agenda Item No. 3a - Conditional Use Permit – City of St. Louis Park Page 2 Meeting Date: December 7, 2016 Background: The city recently installed water meters in all homes in the city that broadcast its readings to a central collection point. However, the city is having difficulty receiving a signal from homes in the outer edges of the city, including the Westwood Hills neighborhood. Request: The city is requesting a CUP to allow erection of a 70-foot-tall communication tower. The tower consists of two parts. The first part, which comprises the base, will be a 60-foot tall galvanized steel pole that is 12 inches in diameter at the base, tapering off to 5 inches in diameter at the top. The second part, which will be mounted on top of the first part, consists of a 4-foot high antenna 2 inches in diameter, mounted on a 6-foot tall, 2-inch diameter galvanized pipe. Zoning Analysis: The following is an analysis of the zoning requirements for the CUP request. Conditional Use Permit: The subject property is zoned POS Parks and Open Space. The POS district requires a CUP for any communication tower greater than 45 feet and up to 70 feet in height. The following is a review of the conditions applied to the communication tower: 1.A proposal for a new communication tower or antenna shall not be approved unless the applicant shows that the antenna cannot be reasonably accommodated on an existing communication tower or building. There are no existing communications towers in the area that would allow colocation. Additionally, no structures in the area are high enough to accommodate the antenna; a lower antenna may result in reduced effectiveness in collecting the data. 2.All communication towers shall be located a minimum distance of twice their height from any parcel zoned or used for residential purposes, or zoned mixed-use. The parcel where the communication tower will be located is adjacent to several residential properties. The proposed communication tower is 70 feet in height, therefore, a 140 foot minimum setback is required. The communication tower will be set back 146 feet 3 inches from the closest property line, so the communication tower meets this criterion. 3.No more than one communication tower is allowed per parcel. There are no other communication towers on this parcel. 4.Communication towers up to 120 feet in height shall be of a monopole type. The communication tower is a monopole type. There are no guy wires or other structural supports proposed for this pole. 5.Antenna designs and mounts shall be designed to minimize visual impact. The tower consists of two parts: a slim cylindrical antenna 4 feet tall and 2 inches in diameter mounted on a 6-foot pole 2 inches in diameter, and a silver 60-foot tall galvanized steel pole that is 1 foot in diameter at the base and 5 inches in diameter at its peak. The color of the pole will change to a grey color over time. Staff believes that the color and its slim profile will minimize the visual impact of the antenna design and the mount. See site plan and cross section attached in this packet. 6.Communication Tower Lighting. Communication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Agenda Item No. 3a - Conditional Use Permit – City of St. Louis Park Page 3 Meeting Date: December 7, 2016 Federal Aviation Administration or other federal or state law or regulation that preempts local regulations. The communication tower itself will not be illuminated. FAA regulations only require structures at this site that are higher than 499 feet to be illuminated. However, there will be a light standard mounted on to the pole 45 feet1 above the ground to illuminate the parking lot for safety and security purposes, and to bring the existing parking lot into compliance with minimum lighting requirements. This light standard will only be used during special events at the Brickhouse. 7. Signs, Advertising and Display. The use of any portion of a communication tower for displaying flags, signs other than warning or equipment information signs is prohibited. There will be no signs, advertisements or other type of display on the pole. 8. Associated Equipment. Ground equipment associated with a communication tower or antenna shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance, and shall meet the minimum communication tower setback requirements of the underlying zoning district. There will be no ground equipment. All equipment associated with the antenna will be mounted to the pole, and will be located 10 feet from the ground. Outreach: The city conducted various methods of outreach. Notices of public hearing for both the Planning Commission and the Neighborhood meetings were mailed out on the week of November 14, 2016, to properties within 350 feet of the Nature Center property line. This included properties in St. Louis Park and Golden Valley. A sign was also posted at the entrance to the Nature Center on Westwood Hills Road on November 14, 2016. Additionally, the city’s communications manager posted meeting information to Nextdoor and the online calendar on November 15, 2016. Finally, notices for the Planning Commission meeting was published on the St. Louis Park Sun Sailor on the week of November 21, 2016. Neighborhood Input: Outreach prompted three phone calls, two e-mails, and one counter visit. The inquiries are as follows:  Purpose of the project (3)  Request to camouflage the pole (1)  Concerns with signal interference (1)  Concerns about violating existing grant agreements (1) The neighborhood meeting was held on Tuesday, November 29, 2016. The meeting lasted 30 minutes. Two people attended. The concerns the attendees raised pertained to visibility from their homes, and if the tower would have lights. They also asked the following questions, and staff provided the following answers: 1 The neighborhood mailing stated that the light standard would be placed 30 feet above ground level. However, Operations & Recreation staff mentioned at the neighborhood meeting that the light standard would be placed 20 feet above ground level. After seeking clarification of the height, staff later learned that the lighting standard would be mounted 45 feet above ground level. Agenda Item No. 3a - Conditional Use Permit – City of St. Louis Park Page 4 Meeting Date: December 7, 2016 1. Will this antenna have guy wires? No. Poles up to 120 feet in height are required by the city to be a monopole type. 2. What is the cost per antenna? Each antenna costs approximately $20,000. The original bid was for $120,000 for six sites. 3. Is this being implemented in other communities in the Twin Cities area? Yes. Both Maple Grove and Chaska have similar systems with similar technology in place. 4. Will the tower have flashing red lights for aircraft safety purposes? No. The tower is not high enough to require flashing red lights. According to FAA regulations, at this site, lighting is only required for objects taller than 499 feet. However, the tower will have a light fixture approximately 45 feet above ground level. The fixture’s light will be directed down toward the parking area as a security measure, and will only be used when events occur at the Brickhouse. 5. Would this set precedent for more cell towers in the future? No. Requirements for conditional use only allow one communications tower per parcel. 6. What is the timeline after the neighborhood meeting? The project will come before the Planning Commission on Wednesday, December 7, and is tentatively scheduled to be considered by the City Council on Monday, December 19. 7. Will this process approve all proposed antenna sites? No. This particular application only considers the antenna at the Westwood Hills Nature Center property. Another antenna at the Benilde-St. Margaret’s site has already underwent approval by the City Council, has already been erected, and will be operational on December 5. The remaining antennas have been installed at water towers and are operational. 8. Where can I find similar antennas? One can be found at the Benilde-St. Margaret High School. It is mounted onto an existing light pole used to illuminate an athletic field. 9. When will this antenna be erected and operational? Pending approval, the antenna would be erected in late December and will be operational by early January. DNR Inquiry The city also received an inquiry from a nearby resident who works at the Minnesota State Department of Natural Resources. The commenter is concerned that the project would be inconsistent with agreements between the city and the State and Federal Governments over the use of this land. The Director of the Operations and Recreation Department manages the agreement, and is discussing the concern with the DNR while proceeding with the process. They expect to have it resolved by the time the application is heard by the City Council. Questions Asked During Similar Application Process A similar application was considered by the Planning Commission in October. During that application process, people raised concerns with the size of the tower and antenna, health impacts, and interferences with other signals. Similar to Xcel Energy and CenterPoint Energy, the antenna and pole will retain a short, slim profile, use a low-frequency band, and will neither cause harm to health nor interfere with commercial carriers. Recommendation: Staff recommends approval of the Conditional Use Permit to allow a 70-foot communication tower located at 8300 W. Franklin Ave, subject to the following conditions: 1. The communication tower and antenna shall be constructed as shown on the site plan and communication tower profile exhibits. Agenda Item No. 3a - Conditional Use Permit – City of St. Louis Park Page 5 Meeting Date: December 7, 2016 2. All necessary permits shall be obtained. Attachments: Site Plan Antenna Diagrams Site Survey Antenna Pole Rendering Public Comments (received via e-mail) Prepared by: Henry Pan, Community Development Intern Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor LEGEND= DENOTES A FOUND SECTION CORNERMONUMENTORIENTATION OF THIS BEARING SYSTEM ISBASED ON THE HENNEPIN COUNTYCOORDINATE SYSTEM NAD83 (1986)RIGHT OF WAY LINEBRICK HOUSE POLEHennepin County, MN No. DateREVISIONSBy CHK APP'DSMKJMBFIELD WORK: 10/13/16 CHECKED BY:DRAWN BY:SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WASPREPARED BY ME OR UNDER MY DIRECT SUPERVISIONAND THAT I AM A DULY LICENSED LAND SURVEYORUNDER THE LAWS OF THE STATE OF MINNESOTA.0SCALE ( IN FEET )3060BOUNDARY LINE0494A2107.000© 2016 WIDSETH SMITH NOLTINGHALF SCALE ON 11"x17"FULL SCALE ON 22"x34"WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | EnvironmentalVICINITY MAP1"=600'QUARTER LINESECTION LINETREE DECIDUOUSBUILDING WALL HATCHUGEUNDERGROUND ELECTRICCONCRETE SURFACESURVEYOR NOTES:DEED/LOT LINENORTHNORTHSITECHAIN LINK FENCEGATE POSTDETAILNORTHOHEOVERHEAD ELECTRICEDGE OF WOODSELEC POLE0SCALE ( IN FEET )1020GRAVEL SURFACESIXTEENTH LINEGRID/GEODETIC NORTHMAGNETICNORTHELEC LIGHT POLESHYDWSANITARY MANHOLEHYDRANTWATER VALVE= DENOTES A FOUND IRON MONUMENTEASEMENT LINEGASUNDERGROUND GASUGTUNDERGROUND TELEPHONEUGCUNDERGROUND TVTREE CONIFEROUSEELEC METERWSO CURB STOPACSIGNAC UNITMAILBOXHANDICAPGUY ANCHORGGAS METER RENDERING 4’ 1 Henry Pan From:Gary Morrison Sent:Monday, November 28, 2016 10:17 AM To:'Hiller, Joe H (DNR)'; Mark Oestreich; Cindy Walsh; Clint Pires Cc:Henry Pan Subject:RE: Communications Tower - Westwood Hills Nature Center Attachments:DNR Exhibit.pdf Joe,  I copied our Operations and Recreation Department, and our IT Department.  They are the departments leading the  project.  Please keep all of us informed as this progresses.    Just as a matter of clarification.  While we call it a communication tower, it is a 70 foot tall mono pole designed to hold  one 2.5 inch diameter antenna.  The purpose of the antenna is to collect readings from water meters that were installed  in single‐family homes in the area.  This is not a commercial communication tower.  It does not accommodate antennas  from commercial wireless providers.  It also does not require equipment on the ground other than the pole, and the  land will not be leased to any other entity.  The tower and antenna is owned by the city, and the land will continue to be  owned by the city.  The pole is proposed to be located in a parking lot, and resemble a standard light pole that may be  used at a recreational field.    I attached some exhibits to illustrate the proposal.          Gary Morrison  Assistant Zoning Administrator | City of St. Louis Park  5005 Minnetonka Blvd, St. Louis Park, MN 55416  Office: 952‐924‐2592  www.stlouispark.org  Experience LIFE in the Park.     From: Hiller, Joe H (DNR) [mailto:Joe.Hiller@state.mn.us]   Sent: Monday, November 28, 2016 9:39 AM  To: Mark Oestreich; Gary Morrison  Cc: Info@stlouispark.org  Subject: Communications Tower ‐ Westwood Hills Nature Center    Mark and Gary,    The proposed construction of the communication tower in Westwood Hills Nature Center would appear to violate  existing contracts between the City, the State, and the federal government.   The City has received 6 grants to acquire  land and develop recreation facilities at the Nature Center with the understanding that all land within the boundary  would be retained and used solely for outdoor recreation.  I have enclosed a list of the grants and the contract for the  most recent grant.        Converting funded parkland to non‐recreation use would require approval by both the State and the National Park  Service.     Approval would only be considered if there are no practical alternatives and the City agrees to acquire  replacement lands of at least equal market value.   If the City still plans to move forward with this project,  let me  know.    I can give you more information about the conversion process and the documentation required.  2   Thanks,    Joe Hiller  Park Grant Coordinator  MN Dept. of Natural Resources, Division of Parks and Trails  651‐259‐5538  Joe.hiller@state.mn.us  500 Lafayette Road, St. Paul, MN  55155‐4039