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2009.06.08 PC Meeting MinutesPage 1 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES June 8, 2009 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears Page 2 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc run needed, to determine the number of steps that would be required to descend from the house to garage. Commissioner Sears suggested the owner look at raising the garage slab. Commissioner Sears concern is with the proposed placement of the driveway and the proximity to the intersection. Mr. Sutter said the commission could consider addressing the driveway placement in their motion. The Public Hearing was opened. Mr. Zimmermann informed the commission during the Public Hearing that one comment had been received by staff regarding the variance request from 4537 Brunswick. The writer indicated they have no objection to the project. Hearing no further comments, the Public Hearing was closed. There was no further discussion from the Planning Commission. Moved by Commissioner Sears and seconded by Commissioner Nystrom to recommend to the City Council to approve Application 2009-06 for a Variance to reduce the front (west) setback at 4552 Brunswick Avenue North with the Findings of Fact as articulated in Section B of the staff report and locate the driveway in compliance to city code. Motion carried unanimously. 2. Consider Application 2009-07 for Variances to reduce the front (east) setback and side street (south) setback at 4501 Adair Avenue North. Staff member, Jason Zimmermann, presented the staff report, noting that the commission should address this as two separate variances: 1) variance to reduce the front (east) setback, and 2) variance to reduce the side street (south) setback. Hearing no questions from the commission the Public Hearing was opened. Peter Eull addressed the commission. The applicants would like to remodel the kitchen which currently has a single sink and inadequate storage to include an area in the four foot addition to place the refrigerator and additional cabinetry to allow multiple people to be in the kitchen. Commissioner VonRueden asked if the applicant had looked at adding onto the west side of the home. Mr. Eull stated that a doorway limits what they can do. Commissioner Sears asked how close the tree is to the proposed addition. Mr. Eull said that it would be two or three feet from the four foot addition. Page 3 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc Commissioner Sears commented that there may be possible damage to the tree if an addition were placed that close. Hearing no further comments the Public Hearing was closed. Hearing no further Planning Commission discussion, Commissioner Von Rueden asked if anyone would like to make a motion. Moved by Commissioner Nystrom and seconded by Commissioner Fiedler to recommend to the City Council to approve Application 2009-07 for a Variance to reduce the front (east) setback subject to the Findings of Fact as included in the staff report for 4501 Adair Avenue North. Motion carried unanimously. Moved by Commissioner Buck and seconded by Commissioner Sears to recommend to the City Council to deny Application 2009-07 for Variances to reduce the side street (setback) subject to the Findings of Fact as included in the staff report for at 4501 Adair Avenue North. Motion carried unanimously. 3. Consider Application 2009-08 for a Conditional Use Permit for an institutional use (Doug Stanton Ministries International) at 4947 West Broadway. Staff member, Jason Zimmermann, presented the staff report. Commissioner Von Rueden asked what the hours and days of use are at the facility. Jason Zimmermann said Doug Stanton Ministries International (DSMI) is used Thursday through Sunday 7:00 to 10:00 p.m. During the day it is used as DSMI offices and also the facility can be booked for conferences, wedding receptions and by other organizations. The Public Hearing was opened. Hearing no comments the Public Hearing was closed. Hear no further Planning Commission discussion, Commission Von Rueden asked for a motion. Moved by Commissioner Strand and seconded by Commissioner Buck to recommend to the City Council to approve Application 2009-08 for a Conditional Use Permit for an institutional use (Doug Stanton Ministries International) at 4947 West Broadway including the finding of fact as recommend in Section C of the staff report. Motion carried unanimously. Page 4 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc 4. Consider Application 2009-09 to amend City Code Section 515.21 and Sections 515.33 through 515.53 to allow certain types of telecommunications towers in all zoning districts subject to limitations on height, location, adjacent uses and other factors. Staff member, John Sutter, presented the staff report. After reviewing the portion that discusses the Options, Mr. Sutter asked if there were any questions from the Commission. Commissioner Von Rueden asked the number of towers that are in the city now. Mr. Sutter indicated there are currently two traditional towers; one behind Kilmer Electric off Hwy 81 and the other in the area of West Broadway and Hwy 81. Mr. Sutter indicated there is another located in New Hope north of Nevada Townhomes near Valley Place Ave and Louisiana Ave. Commissioner Fiedler asked if the 10 acre limit of Option B was just a limiting factor. Mr. Sutter stated that the 10 acre limit provides a balance of sites across the city. Twenty acre sites would be more limiting. Commissioner Strand asked about the tower near the Qwest building. Mr. Sutter said there is a tower located in Robbinsdale that is in close proximity to Crystal located south of 47th Ave and East of Vera Cruz. Commissioner Fiedler asked if there are other limits, like the number of towers. Mr. Sutter said that the setbacks and separation requirements in the draft ordinance create other limits. Commissioner Fiedler asked if setbacks are set by the state. Mr. Sutter indicated they are not set by the state. Mr. Sutter reminded the commission that the current fractions of miles are being used in the draft ordinance to match the current code. If the commission would like, they could choose round numbers instead of the proposed miles fractions. Commissioner Von Rueden asked if towers were required to be a minimum of 660 feet from each other, what is the feedback from the different service providers to that restriction. Mr. Sutter indicated that Option B and C would meet the needs of the industry, with providers sharing towers as a possibility. Only if co-location does not work, and that is verified by a source that the city hires and the provider pays for, would additional tower sites be considered. Eighty foot towers can typically handle a maximum of two providers. Traditional towers and locations such as the Robbinsdale water tower can handle many antennae. Commissioner Von Rueden asked how many providers are there. Page 5 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc Mr. Sutter indicated there are probably five or six providers. Mr. Sutter continued his presentation of the staff report by reviewing the setback portion of the Options. Commissioner Sears commented on the height of the towers in the photos provided being similar in height to the light poles located near the hockey rinks in Bassett Creek Park. Commissioner Fiedler asked if there were any negative examples from cities. Mr. Sutter recalled a possible issue in Brooklyn Park. The issue, as recalled, was due to a building permit being issued for a cell phone tower without the public having opportunity to comment, nor requiring review or approval from the Planning Commission nor City Council. Crystal requires a Conditional Use Permit, notification of property owners within 1000 feet (as the draft is currently written), Planning Commission action and City Council action. Wireless industry would prefer the administrative procedure versus the more public process to be required by the city of Crystal. Commissioner Sears inquired as to whether there is an anticipated number of cell towers that may be needed in the future. Mr. Sutter explained that the providers are not able to anticipate the number of towers needed as it is dictated by the number of customer and the types of services the customers may receive. Commissioner Sears commented that if the Baseline option could be used with then a limit on the number of towers that would be allowed in the city. Commissioner Fiedler commented that the T-Mobile map of preferred cell tower sites is almost being met currently. The Public Hearing was opened by Chair Von Rueden. Mary Weber spoke, asking the Planning Commission recommend no changes to the current code to the City Council. Ms. Weber also had a letter from Janet Moore. A copy of said letter was provided to all Planning Commission members. Crystal Saric-Bevins spoke regarding cell phone towers. She asked that due to the lack of complete understanding of the effects that the commission take no action on the cell phone towers at this time. Tom Schmitt spoke in support of the smaller cell phone towers over the possible addition of larger, more powerful cell towers. Rob Viera with the Wireless Association addressed the commission. He stated that the goal was to provide the best coverage for customers and that currently there are 4 area service providers. He made himself available for questions by the Commission. Commissioner Von Rueden asked what would make a tower become inadequate. Page 6 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc Mr. Viera responded that it could be due to capacity, increased users, added technology, i.e. video, etc. Commissioner Von Rueden asked what the standard tower radius was. Mr. Viera stated it varies due to obstructions, numbers of users, etc. Commissioner Fiedler asked if Mr. Viera had looked at the Options. Mr. Viera commented that Option A would be best for the industry, however, Options B or C would work. There is a need to anticipate future changes in customer demand. Commissioner Strand asked the states view of adding antennae to current lighting posts, etc. along Hwy 100. Commissioner Von Rueden noted that the sound barrier may have an effect on any tower that may be located along the Hwy 100 corridor. Mr. Viera commented that if safety of locating the towers in more populated areas is part of the concern, for safety the towers are collapsible. Mr. Sutter commented that there are some pieces of land along the Hwy 100 corridor that will be conveyed to the city, however, due to the size they would not meet the size criteria for a tower unless they were able to be included with a park. In general, Mr. Sutter was uncertain of Mn DOT’s requirements for adding towers in their right of way. Commissioner Strand asked if it would be better to add antenna to poles that are already in existence along the highway. Mr. Sutter noted that the Cub Foods site along Hwy 100 is included in Options A, B and C. Commissioner Sears spoke in favor of staying with the Baseline option and add one tower site at a time. Mr. Viera pointed out that the towers can be disguised in parks. Commissioner Sears commented that parks should be places of respite away from the busy world. Commissioner Fiedler asked what the lifespan of a tower is. Mr. Viera said a 25 year lease is typically negotiated with 5 year terms. Mr. Sutter stated that any abandoned tower could be abated through other channels and the property owner would be charged for the abatement. The city plays a dual role as rule maker and possible property owner. Any lease that the city would enter into could Page 7 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc include some type of retainer to be held in the case the service provider abandons a tower without removing it. Tom Schmitt asked Mr. Viera if the tower can be put in amongst trees. Mr. Viera stated that the tower would need to stand above the trees, and there would need to be ten feet between different providers antenna on any tower to avoid interference. Mr. Schmitt asked what the space requirements were for the installation of a tower. Mr. Viera stated that typically a 30 foot by 40 foot area is needed. Mr. Harley Heigel asked Mr. Viera if there were restrictions of what the tower can be built near. Mr. Viera stated that the towers are typically surrounded by a fence and can be built next to nearly anything, as long as the tower is higher. Mr. Heigle asked what other utilities are required at the site. Mr. Viera said electricity and land line phone service. Mr. Heigel asked about the accessibility of the site. Mr. Viera indicated that the stations are maintained monthly and they need clear access, typically via a paved road. Mr. Schmitt asked what type of electrical service is required. Mr. Viera stated that 120 amp service is required on site. Frank Weber addressed the commission. Citing medical materials, he asked the commission to not support the addition of any telecommunication towers in the city of Crystal. Ms. Taylor addressed the commission (unable to include full name as presenter did not provide requested written notification to address the commission). Ms. Taylor was not in support of adding additional telecommunication towers in the city of Crystal. There being no further comments from the public, the Public Hearing was closed. Commissioner Von Rueden suggested the discussion be continued because as a great deal of information has been presented in the packet and during the meeting. Mr. Sutter asked the commission if they would like staff to prepare additional options to be considered at the next meeting. Commissioner Strand likes Option C, and would like a more restrictive version of it. Page 8 of 8 J:\PLANNING\Planning Commission\2010 and earlier\2009\06.08\minutes.doc Commissioners Von Rueden and Fiedler expressed interest in seeing the effects of making Option B more restrictive by considered sites 15 acres or greater. Moved by Commissioner Von Rueden and seconded by Commissioner Nystrom to continue until July 13, 2009 the discussion of Application 2009-09 to amend City Code Section 515.21 and Sections 515.33 through 515.53 to allow certain types of telecommunications towers in all zoning districts subject to limitations on height, location, adjacent uses and other factors. Motion carried. D. OLD BUSINESS – None to discuss. E. NEW BUSINESS : Commissioner Von Rueden asked the status of the annual bus tour of the city. Mr. Sutter informed the commission that there will be a virtual bus tour this year. A slide show will not only be more cost effective, but will allow staff to provide additional written information, and would be available on the web site for others to benefit from. Commissioner Fiedler asked the status of the open Planning Commission seats. Council Liaison, Joe Selton, indicated there are now applicants and interviews are being set up. F. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items was provided in writing to the commission. 2. Staff preview of likely agenda items for the July 13, 2009 meeting. As the deadline is still two weeks out, it is unknown yet if additional items will be considered, other than the continued item from tonight. G. OPEN FORUM H. ADJOURNMENT Moved by Commissioner Sears and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 9:18 p.m.