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HomeMy WebLinkAbout02/11/1998 P&Z MinutesPlanning & Zoning Board February 11, 1998 Page 1 • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES TIME STAR TIME ENDED vIBERS "PRESET MEMBERS ABSENT STAFF PRESENT February 11, 1998 • ::' 6:34 P.M. • 8:45 P.M. unn, Gelbmann, err Robinson an chaps one Planning Coordinator- Wyland, Economic Development Director Wessel, Planning Consultant Brixius I. CALL TO ORDER AND ROLL CALL Chair Schaps called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m., February 11, 1998. II. APPROVAL OF MINUTES - JANUARY 14, 1998 Mr. Robinson made a MOTION to approve the minutes of the January 14, 1998 meeting of the Lino Lakes Planning & Zoning Board, and was supported by Mr. Gelbmann. Motion carried, 6 -0. III. APPROVAL OF AGENDA The agenda was approved as submitted. IV. OPEN MIKE Chair Schaps declared the Open Mike portion of the meeting open at 6:32 p.m. There were no comments. Mr. Robinson made a MOTION to close the Open Mike portion of the meeting at 6:33 p.m., and was supported by Mr. Dunn. Motion carried 6 -0. • • • Planning & Zoning Board February 11, 1998 Page 2 V. ACTION ITEMS A. Nol -Tec Systems, 425 Apollo Drive, Site Plan Review Ms. Wyland explained this request by Nol -Tec Systems Inc. to add a 7,168- square -foot office and a 8,360 - square -foot shop /warehouse to their office /assembly /warehouse facility approved by the Planning & Zoning Board in April of 1995. In addition to this expansion, parking is proposed for increase by approximately 52 spaces for a total of 127. According to the City's Zoning Ordinance, a site plan review is required for this expansion. The following comment was provided: 1. Building and parking setback and height requirements have been met. 2. The exterior is designed to match the existing structure in texture, type and color. 3. No additional signage is proposed. 4. Trash handling areas are to remain as shown on the original plan. 5. Parking expansion is proposed and will accommodate the proposed addition with a total of 127 parking spaces proposed. City Code requires approximately 96 spaces. Handicapped space shall be provided according to the ADA Rules and Regulations. 6. No additional landscaping is proposed or required for this construction. 7. Grading and drainage plans are subject to the review and approval of the City Engineer. Ms. Wyland indicated that Staff would welcome this addition to the industrial park and recommended approval of the site plan review according to the following conditions: 1. Proper building permits are obtained prior to construction. 2. Utility, grading and drainage plans are reviewed and approved by the City Engineer. 3. The CPTED Officer review the building plans prior to issuance of any building permits. 4. Handicapped parking shall be in accordance with ADA rules. Mr. Gelbmann expressed concern regarding indirect lighting in the parking lot. Ms. Wyland explained that condition No. 3 regarding review by the CPTED Officer would provide for lighting approval. Mr. Herr asked about the screening of rooftop units. Ms. Wyland indicated that the original permit contained the condition that rooftop units be blended through color, or screened. • • • Planning & Zoning Board February 11, 1998 Page 3 Mr. Robinson made a MOTION to approve the Site Plan Review for Nol -Tec Systems Inc., according to the conditions presented as well as the additional conditions that screening of rooftop units be provided and that indirect lighting be approved, and was supported by Mr. Gelbmann. Motion carried 6 -0. B. Telecommunications Ordinance Mr. Brixius began his presentation by drawing the Board's attention to a memorandum from EDAAB, dated February 9, 1998, unanimously recommending approval of the revised antenna zoning ordinance dated February 5, 1998. He then summarized the changes which appear in the February 5 draft, as follows: 1. The definition of short-wave radio transmitting and receiving antennas has been expanded to include citizen band radios. 2. An administrative permit section has been added. Mr. Brixius specifically directed the Board's attention to Subd. 10.F., which provides that each applicant must provide evidence that there are no delinquent property taxes, special assessments, interest, or City utility fees due for the proposed site, suggesting that the Board may with to eliminate this provision as it is not a requirement for any other development applications. 3. The general standards for antennas (Section 3, Subd. 15.B) have been revised to address the following: a. The previous section B -1 which prohibited the placement of an antenna or tower upon a nonconforming structure has been deleted. b. Section B.8 has been revised to reference co- location requirements of towers 75 feet or more in height. c. A specific statement has been added stating that all towers must comply with applicable FAA regulations. 4. The district provisions applicable to personal wireless service antennas have been expanded to reference such antennas as "permitted secondary uses ". 5. The ordinance has been revised to stipulate that new transmitting, receiving and switching equipment (associated with personal wireless service antennas) must be located within an equipment building or cabinet and comply with accessory building setback requirements. 6. Where permitted, the allowable height of new personal wireless service antenna towers has been increased from 100 to 140 feet. Towers providing co- location opportunities may be allowed up to 160 feet in height (previously allowed up to 120 feet). 7. Section 3, Subd. 4.C. of the Zoning Ordinance (Height Exceptions) has been amended to reference personal wireless antenna towers. This issue should be subject to specific commend and recommendation by EDAAB. • • • Planning & Zoning Board February 11, 1998 Page 4 8. Commercial and public radio and television transmitting antennas and public utility microwave antennas are allowed only in rural and industrial districts. The previous ordinance draft allowed for such antennas within business districts as well. Mr. Gelbmann questioned the reference in Section 1. Subd. 15.B.13. to Section 3. Subd. 15.B.11. Mr. Brixius agreed that this reference should be deleted from that provision. Additionally, Mr. Gelbmann pointed out that the last sentence of Section 1. Subd. 15.D. represents a duplication, and Mr. Brixius agreed that it would be deleted. Mr. Brixius pointed out that the City Council expressed concern regarding exceptions to height requirements, suggesting that rather than an antenna being a secondary use to an existing light pole the ultimate structure may more closely resemble an antenna with lights, for example. Although he did not alter the existing language, he added the provision that Except for personal wireless service antenna towers as regulated by Section 15 of this Ordinance, the height of non - occupancy structures such as utility poles, towers and other electrical appurtenances shall not exceed the following: Mr. Brixius requested input from the Board as to whether or not it feels Council's concerns would be addressed by this added language. Mr. Brixius then directed the Board's attention to an Antenna Amendment Summary containing a detailed breakdown of specific requirements for accessory antennas, personal wireless service antennas, and commercial and public radio and television transmitting antennas within rural, residential, business, industrial, and PSP zoning districts. He reviewed this information, pointing out that one accessory antenna per support structure is allowed in each zoning district except by conditional use permit; setbacks for accessory antennas will be basically consistent with accessory building setbacks; new personal wireless service antenna towers will be allowed only in industrial and PSP zones; personal wireless service antennas may only extend 15 feet above the height of existing structures or towers; and that commercial and public radio and television transmitting antennas are allowed through a conditional use permit only in rural and industrial districts. Mr. Brixius explained that through the proposed allowed antenna placements, adequate coverage should be provided. In response to Mr. Johnson's request for clarification regarding tower placement, Mr. Brixius explained that each applicant will be required to examine a one -mile radius surrounding the proposed tower site prior to that site's approval to be sure that co- location is not a possibility. Mr. Herr asked about use of the freeway corridor, to which Mr. Brixius responded it is not. • • Planning & Zoning Board February 11, 1998 Page 5 Mr. Robinson expressed concern regarding access to towers within PSP areas, and that rural areas should not be excluded. Mr. Brixius explained that the rationale for that provision is the possibility for rural areas one day becoming residential in nature. Mr. Dunn pointed out that at the City Council's last work session Mayor Sullivan requested specific thoughts from each member of the Planning & Zoning Board regarding the proposed ordinance. Mr. Dunn then stated his belief that the personal wireless service antenna zoning offers to industry a good opportunity to provide services for Lino Lakes. The raising of tower limitations with the goal of placing a maximum number of antennas per tower satisfies many needs by discouraging an unreasonable number of towers. He added that the City has opportunities to work in the rural zone within the southern quadrant, and within the industrial parks in other areas. Mr. Dunn expressed his approval of the proposed ordinance. He requested the development of an administrative procedure /application process to be used by applicants and City Staff in generating approval of an administrative permit. Mr. Brixius indicated that this provision has been included in the amended draft ordinance. Mr. Dunn presented an article in the St. Paul newspaper of February 2 highlighting industry activity in the Twin Cities area, as well as describing issues faced by other communities. Mr. Herr also expressed his support for the proposed ordinance. He described the process as one of achieving a balance between the City's requirement to provide telecommunications service while taking into account aesthetics. Although the ordinance is conservative, Mr. Herr stated that he supports the cautious approach, recognizing that this document will require refinement in the future. Mr. Brixius again requested specific input regarding certification of taxes paid and height of non - occupancy structures, such as utility poles, towers, etc. Mr. Gelbmann requested clarification that presently the ordinance could allow for a 200 - foot light pole. Mr. Brixius confirmed this possibility, suggesting that perhaps zoning districts should be allowed to dictate tower height; or, the height cap could be lowered. Chair Schaps raised the issue of conditional use permit, which will require each application to come before the Planning & Zoning Board for approval. Mr. Gelbmann's concern was a precedent for the Board's refusal of an application on the basis that a rural area might become residential in the future. He suggested allowing for doubling the height of an existing structure. Mr. Brixius pointed out that current conditional use permit requirements include standards for making a finding which include that a structure not be detrimental or endanger the public, be harmonious with the Comprehensive Plan, harmonious with the • • Planning & Zoning Board February 11, 1998 Page 6 existing or intended character of the vicinity, will not change such character, etc. Chair Schaps suggested that reference to "intended character" is a critical element. Mr. Brixius stated that the City Council is concerned that conditional use permits might be used to circumvent the ordinance for the purpose of creating a non - occupancy structure primarily for the purpose of antenna location. Chair Schaps pointed out that the Communications Act is fairly rigid in its allowance of restrictions. He asked if Staff and consultants agree that the current, revised ordinance is within the spirit and intent of the Act. Mr. Brixius responded in the affirmative, adding that the initial drafts offered a more lenient opportunity for tower placement. The current draft ordinance is based upon directives received throughout the review process. Mr. Brixius also agreed that the present ordinance will be subject to future amendment. Mr. Johnson agreed with Mr. Herr's assessment, adding that the City must remain alert to requests and to feedback from users. Peter Beck of AT &T addressed the Board, stating that the current ordinance offers a workable base for telecommunication service. He expressed two requests: The first, with respect to the administrative review process, that the 60 -day period be reduced; and, second, that setbacks within PSP districts be the same as within industrial districts where a structure would not be adjacent to a residential district. Mr. Brixius indicated that he has no objection to these changes, with the specific period for administrative review to be determined. Mr. Johnson suggested caution with respect to certain areas that might include public playgrounds or other public use areas where the setback distance would be more critical. Mr. Brixius pointed out that the main concern is primarily climbing of the structures; and, monopole design significantly diminishes this problem. Mr. Robinson suggested that the provision regarding certification of taxes be deleted. The consensus of the group was to eliminate that provision from the ordinance. Mr. Dunn made a MOTION to approve the telecommunications ordinance as amended above, and was supported by Mr. Robinson. Motion carried 6 -0. VI. DISCUSSION ITEMS There were no discussion items. Chair Schaps reminded the group of the following events: Comprehensive Plan Task Force Meeting Thursday, February 19, 1998, 6:00 p.m. Planning & Zoning Board February 11, 1998 Page 7 • Citizen Forum on Comprehensive Plan Saturday, February 21, 1998, 9:00 a.m. p.m. Comprehensive Plan Neighborhood District No. 3 Thursday, February 26, 1998, 6:00 Comprehensive Plan Task Force Thursday, March 5, 1998, 6:00 p.m. Comprehensive Plan Neighborhood District No. 4 Thursday, March 12, 1998, 6:00 p.m. The Board unanimously elected Mr. Herr to represent the Planning & Zoning Board at upcoming Comprehensive Plan Task Force meetings in addition to Chair Schaps and Mr. Dunn. VII. ADJOURNMENT Mr. Robinson made a MOTION to adjourn the meeting at 7:35 p.m., and was supported by Mr. Johnson. Motion carried 6 -0. • •