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HomeMy WebLinkAboutPL MINUTES 06192007CITY OF ST. ANTHONY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLANNING COMMISSION MEETING June 19, 2007 7:00 p.m. I. CALL TO ORDER. Chair Stromgren called the St. Anthony Planning Commission meeting to order at 7:00 p.m. II. ROLL CALL Commissioners present: Chair Stromgren; Commissioners: Crone, Galyon, Goodwin, Heinis, Jensen, and Jenson. Also present: Assistant City Manager Kim Moore-Sykes III. PLEDGE OF ALLEGIANCE Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. IV. APPROVAL OF MEETING AGENDA Motion by Commissioner Galyan, seconded by Commissioner Jenson, to approve the meeting agenda as presented. Motion carried unanimously.28 29 30 31 32 33 34 V. APPROVAL OF MEETING MINUTES OF MAY 15, 2007 Motion by Commissioner Heinis, seconded by Commissioner Crone, to approve the Planning Commission meeting minutes of May 15, 2007 as presented. 5 Ayes, 0 Nays, 2 Abstentions (Jensen, Goodwin)Motion carried35 36 37 38 39 40 41 42 VI. COMMUNICATION WITH CITY COUNCIL None VII. PUBLIC HEARINGS VII.I. T-Mobile Monopole Antenna – St. Anthony Shopping Center; CUP 43 44 45 46 47 48 Chair Stromgren opened the public hearing at 7:04 p.m. Assistant City Manager Moore-Sykes reported the requested action is for a Conditional Use permit for a T-Mobile Monopole Antenna at 2900 Pentagon Drive NE, St. Anthony Shopping Planning Commission Meeting Minutes June 19, 2007 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Center. She indicated that the application was received on April 23, 2007, all fees have been paid and the application is complete. She mentioned this is a commercial zoning district. Assistant City Manager Moore-Sykes reported that Mr. Christopher Beisner of Midwest Real Estate Services, Inc., subcontractor for T-Mobile Cell Phone Company, contacted Staff to determine the City’s requirements to install a monopole cell phone antenna at 2900 Pentagon Drive NE, St. Anthony Shopping Center. She confirmed that Mr. Beisner submitted a site plan for the placement of the monopole cell phone antenna and contacted Mr. Al Esther for approval regarding its installation at the Shopping Center. Assistant City Manager Moore-Sykes stated that on April 23, 2007, Mr. Beisner submitted an application for a conditional use permit to install the cell phone monopole antenna; however, the application was deemed incomplete as the fees were not included. She reported Staff advised Mr. Beisner of this oversight and faxed and mailed information to him regarding the submittal of a Conditional Use Permit application, the approval process, and timelines. Assistant City Manager Moore-Sykes summarized the factors for consideration when determining the approval of this CUP application. She stated criteria one being that the use is one of the Conditional Uses specifically listed for the district in which the property is located and is not in conflict with the Comprehensive Plan. She explained the City’s Zoning Ordinance permits the location of a monopole antenna in the Commercial District with a Conditional Use Permit (1680.06) and outlines the various requirements and regulations for the installation of a monopole cell phone antenna and supporting equipment in Section 1680. She commented the proposed antenna to be sited in the commercial area of the St. Anthony Shopping Center, is an allowable siting as determined by Staff’s review of the City Code. Assistant City Manager Moore-Sykes reported criteria two states the use would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. She explained the City Code regulates the height of the proposed antenna; the proximity of the antenna to any residential structures and/or residential district boundaries; the nature of uses on adjacent properties; surrounding topography; the design of the proposed antenna, with particular attention to the design characteristics that may have an effect of reducing or eliminating visual obtrusiveness; access and egress of the site; and availability of suitable existing antennas other structures or alternative technologies not requiring the use of monopole antennas or related structures. She explained these regulations have the intent to allow this use but only if the use is not detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Assistant City Manager Moore-Sykes commented the City Code specifically regulates the height and distance from residential areas (1680.04, Subd. 7 (a) and Subd. 8 (a)). She stated the monopole antenna shall not exceed 75 feet in height and must be at minimum one (1) foot for each foot in height set back from all residential dwellings. She indicated that according to the site plan, the monopole cell phone antenna is approximately 294 feet from the closest residential structure at 27th Avenue and Kenzie Terrace, and its height of 60 feet is well within the tolerance allowed by the City’s ordinance limits regarding height and distance from a residential area. Planning Commission Meeting Minutes June 19, 2007 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Assistant City Manager Moore-Sykes reported criteria three states that the use would provide a service or a facility, which is in the interest of public convenience and would contribute to the general welfare. She pointed out that T-Mobile provides cellular phone service and have indicated the installation of the monopole antenna would provide improved coverage for their customers. Assistant City Manager Moore-Sykes reported that criteria number four states the City Council would specify all conditions the Council deems necessary to make the use compatible with other uses in the area. She stated in addition, Staff proposes the following conditions to protect the residential and commercial characteristics of the adjacent neighborhoods. She indicated additional conditions might be added to the conditional use permit as the result of the public hearing by the Planning Commission or review by the City Council. Assistant City Manager Moore-Sykes listed the additional conditions to include: All wireless telecommunications facilities (WTF) shall be concealed or camouflaged in such a manner as to utilize materials, colors, textures, screening and landscaping to blend in with the surrounding setting and built environment; To the extent possible and as recommended by the Planning Commission and approved by the City Council, landscaping would be provided by T-Mobile or its subcontractors; No signs, except warning or equipment information signs, would be permitted on any portion of the WTF or other monopole antenna related equipment; and, The proposed monopole antenna or WTF would not be illuminated by artificial means and would not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority. Assistant City Manager Moore-Sykes stated the applicant is to respond to the stated criterion as part of the application process. She emphasized these responses would be reviewed by the Planning Commission and the City Council, from which findings determined to support the decisions of the Planning Commission and the City Council. Mr. Chuck Beisner, Midwest Real Estate Services, displayed a site plan and described the location and specifics of the monopole antenna. Commissioner Jensen questioned whether a proximity issue would result if other structures were built close by. Mr. Beisner replied the monopole is self contained; therefore, the signal would not be compromised. Commissioner Galyon asked why this particular site was selected. Mr. Beisner replied the zoning code was followed and the location was deemed as the least intrusive site in the mall area. Assistant City Manager Moore-Sykes explained that the zoning code specifies that commercial buildings could not exceed 35 feet in height. She clarified that the code also specifies no County or City rights of way could be used for installation of antennas. Planning Commission Meeting Minutes June 19, 2007 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Todd Hanson, 2929 Pentagon Drive, questioned which business’s back door this pole would be located near. Mr. Beisner pointed out on the site map the location relative to the businesses stating it would be directly north of the existing bump enclosure on building Mr. Hanson questioned whether the lease went with the property if it were sold, Mr. Hanson asked about the strength and security of the pole. Mr. Beisner replied it would withstand a 90 mile per hour wind with ½ inch of ice on the pole. Mr. Hanson stated the mall owner is an absentee owner and out of the country for a good portion of the year. He stated many business owners are frustrated by this. He stressed that he realized St. Anthony is the highest point in Hennepin County and questioned whether a higher antenna, such as the water tower antenna, was considered rather than above the merchants in the mall. Mr. Beisner replied they share space when possible; however, given the nature of the network, it is more a location base rather than a height issue. Mr. Hanson questioned whether it was fair to say that only T-Mobile would benefit from this antenna. Mr. Beisner replied that was correct. Mr. Hanson asked what percentage are T-Mobile users in the Twin Cities area. Mr. Beisner replied he was not able to answer the question. Mr. Hanson stated he researched the potential health risks identified in well known journals on the internet. He commented other individuals have health concerns also. He commented he personally did not look forward to the next 20 years or so with this antenna behind and above him. He stated there is a day care located in the area and suggested others review the literature. Mr. Hanson asked the Planning Commission to give this some consideration and that T-Mobile to examine other locations, such as the cemetery. Ms. Lori Swagner, Midwest Herbs and Healing at 2919 Pentagon Drive, distributed copies of a statement from Mr. Matthew Alfs, owner of Midwest Herbs and Healing, to the Planning Commission members. She read the statement that states the application for the cell phone antenna should be denied because the applicant has not demonstrated how the antenna would not be detrimental to the health, safety, and general welfare of the people living and working in the vicinity of the antenna, or that is would not be injurious to property values. She stated there is abundant evidence of the biological damage created by cell phone antennas. She stated prior intent for a cell antenna placement was created by the creation of a cement platform below the pavement containing the electrical connection devices for a cell phone antenna in 2006. She Planning Commission Meeting Minutes June 19, 2007 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 commented that when the mall owner was questioned, he denied knowledge of this action. Ms. Swagner questioned why the cemetery is zoned institution and whether it was an option for the antenna. Chair Stromgren closed the 7:29 p.m. Chair Stromgren stated with the new information, he stated the Planning Commission is not qualified to comment on the health concerns and stated the issue requires further research. He commented the property value impact should also be researched further. Commissioner Crone questioned whether the cemetery was ever an option for the antenna siting. Assistant City Manager Moore-Sykes replied the current zoning code requires the antenna be sited in a commercial district with the required conditional use permit attached. Commissioner Heinis questioned whether the City had the option to require T-Mobile to consider alternate sites. Chair Stromgren replied that what the City has in place is the conditional use permit process. He explained the City established the criteria that details where such antennas are allowed, presumably away from residential areas, schools, and other high occupancy areas. He stated this is a unique situation with the Montessori School located nearby; however, the distance requirements have clearly been met. Commissioner Galyon stated there are clearly defined criteria and guidelines to move this forward; however, with the health concerns, he questioned how the PC would measure what is right, because at some point it becomes subjective. He stated there are governmental guidelines that approve or disapprove these types of structures and establishes a foundation upon which the Planning Commission must make its decisions. He asked if the health issues were research or what government might say about this. Assistant City Manager Moore-Sykes replied the same type of discussion and concerns were discussed previously with another cell phone antenna near Hannay’s. She stated nothing was found other than the guidelines from the FCC and some other governmental regulator agencies. When the cell antenna went up near Hannay’s it was determined the City must allow for the siting of a cell phone antenna. Commissioner Galyon commented this site was chosen because it represented the best signal strength opportunity. He asked whether other locations were considered. He stated there must be something to base a decision upon. Commissioner Jenson questioned, relative to the conditional use permit, whether the City could no longer comply with the request for the antennas should additional health information become available that would necessitate a zoning ordinance change. Planning Commission Meeting Minutes June 19, 2007 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Assistant City Manager Moore-Sykes replied she did not have a good answer for that as mostly regulated by FCC and that it would be a good question for the City Attorney. Commissioner Jensen commented there are three locations relative to commercial and institutional/residential locations comparable to the water tower antenna location in that the City made the choice regarding schools, park, and residential; therefore, there really is not a health issue. He stated he believed the City adopted a model code published by the League of Minnesota Cities. Assistant City Manager Moore-Sykes stated the selection of this model is not familiar to her as she was not part of that portion of the code adoption; however, it very well could be that the City adopted the League’s model. Commissioner Jensen asked whether T-Mobile had an opportunity to review the conditions presented to the Planning Commission. He commented that, relative to the conditions, should Minnesota adopt criteria that would render the current equipment in violation of a health frequency, the City could request T-Mobile to upgrade to a safer frequency within a reasonable amount of time. Mr. Beisner responded that in 1996, the government enacted the Telecommunications Act, which took the health issues out of government’s decision. He commented it is the FCC that regulates the frequencies and other conditions. Chair Stromberg stated he believes the ordinance for antennas was adopted in 1999. Assistant City Manager Moore-Sykes not sure when ordinance was adopted replied probably has been added to over time. Chair Stromberg stressed that the applicant has met all the criteria identified in the ordinance. He pointed out the Montessori School location is an anomaly. He stated that given the owner of the shopping center did not alert the tenants of the plan to erect the antenna is pathetic in his opinion; however, it is the City’s responsibility to only notify the property owner. Chair Stromberg stated that given T-Mobile has met the criteria, and is locating the antenna where the City Code allows, the only decision is for the Planning Commission to decide whether to approve or deny the Conditional Use Permit. Motion by Commissioner Jensen, seconded by Commissioner Galyon, to approve a Conditional Use Permit for a Monopole Cell Phone Antenna to be located at 2900 Pentagon Drive meets the conditions and requirements as outlined in City Code Section 1680. Specific conditions as part of the Conditional Use Permit: 1) Camouflaged to meet code requirements; 2) Fencing for equipment; and 3) Proposed tower is not to be illuminated unless required by the FCC and FAA. A friendly amendment by Commissioner Galyon to attach the six findings of fact to include the landscaping except for number six because there were residents in attendance who opposed the proposed tower. Planning Commission Meeting Minutes June 19, 2007 Page 7 1 2 3 4 5 6 7 8 9 10 11 Commissioner Jensen stated he had no objection and suggested Staff request guidance by the City Attorney relative to the future State’s findings should be determined that technology associated with telecommunications equipment health issues brought up at this meeting for Council’s consideration. Chair Stromgren stated if the motion passed, he expects the City Attorney would address these issues with the Council relative to the City’s obligation and ability to act. He stated that favoritism could not be played with particular types of businesses. Chair Stromgren stated this resolution would be before the City Council on June 26, 2007. Motion carried 6 Ayes, 0 Nays, 1 Abstention (?) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 VIII. CONCEPT REVIEWS None IX. REPORTS FROM STAFF IX.1 Assistant City Manager Moore-Sykes reported the Comprehensive Plan Update would be reviewed at the July Planning Commission meeting for recommendation of preliminary approval. She stated Council would review the Plan at its last meeting in July prior to sending it to Met Council for approval. She explained it would be returned by Met Council for full approval during a public hearing. IX.2 Assistant City Manager Moore-Sykes explained the Land Use Planning & Zoning discretionary authority decision making triangle provided in the Commission member’s packets. IX.3 Assistant City Manager Moore-Sykes pointed the Commissioners to the Met Council letter relative to City census statistics. She stated Staff would be working with the Met Council and Federal Staff on the 2010 census. X. COMMUNITY FORUM None XI. INFORMATION AND ANNOUNCEMENTS Commissioner Galyon asked if Council minutes could be added to Commissioner’s packets. Assistant City Manager Moore-Sykes stated that could be done. She explained the minutes are available by the Tuesday following the meeting on the web site and the meetings are also web streamed. XII. ADJOURNMENT Planning Commission Meeting Minutes June 19, 2007 Page 8 1 2 3 Motion by Commissioner Jensen, second by Commissioner Jenson to adjourn the meeting at 7:58 p.m. Motion carried unanimously.4 5 6 7 8 Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc.