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HomeMy WebLinkAbout10-09-2003 MinutesPC CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, October 9, 2003 Call To Order Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Runk, Commissioners Liljegren, Oswald and Powell. City Administrator Johnson, City Planner Richards and Commission Liaison McComber. Approval of Agenda: Commissioner Powell, seconded by Commissioner Liljegren, moved to approve the Agenda as presented. Carried 5 -0. Approve Minutes: Vice Chair Runk, seconded by Commissioner Oswald, moved to approve the Minutes of September 11, 2003 as amended. Carried 5 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison McComber reported that the Hwy. 36 subcommittee had met regarding the button hook designs and provided a brief overview of the meeting discussion, noting that public hearings are expected sometime in November. She will continue to keep the Commission informed. B. Other: City Administrator Johnson provided a follow up to an inquiry made at the September meeting of the Commission, regarding public hearing notification sign posting and methods of notification. He reviewed a memo, prepared by city staff, describing the variety of tools currently used to notify the general public of a public hearing. He noted that there are very few public hearing notification signs, that they were put in place for this months public hearings, and added that city staff will work to keep the signs in good order and have them posted. Visitors /Public Comment None. Public Hearings As the applicant for the first scheduled public hearing was not present at this time of the meeting, Chair Dwyer directed that this portion of the meeting begin with the second scheduled matter for public hearing. A. Nextel Communications — Conditional Use Permit To consider a request for conditional use permit for placement of a personal communication service facility and equipment shelter at an existing public lattice tower at Xcel Energy Structure No. 11, located at 13735 60" St. N. City Planner Richards reviewed the request for co- location of personal wireless service antennas on an existing utility structure and to construct an accessory equipment building. Richards reviewed the planning report on the matter and provided the Commission with an issue analysis. Chair Dwyer opened the hearing for public comment. Planning Commission Minutes October 9, 2003 Page 2 of 6 Steve Katkov of Site Acquisition Consultants, L.P., representing Nextel Communications was present and addressed the planning report and discussed the conditions of the same. He discussed the regulations they must adhere to with the Federal Communications Commission as to operation of the service and made himself available for questions. City Planner Richards addressed Mr. Katkov's concern with conditions 13 and 18 of the report and stated that condition 18 language is part of the City's Ordinance, drafted by the City Attorney. Richards suggested a wording amendment to condition 13 and leaving condition 18 as written to permit Council to remove condition 18 should the City Attorney find it is not needed. It will be noted that the applicant has requested removal of condition 18. Chair Dwyer, seconded by Vice Chair Runk, moved to close the public hearing. Carried 5 -0. Commission discussion ensued as to the antenna ordinance and as to the proposed project being requested in relation to the Central Business District, where it is located. Vice Chair Runk, seconded by Commissioner Liljegren, moved to recommend City Council approval of the conditional use permit, subject to the following conditions: 1. The applicant shall submit a current FCC License. 2. The applicant shall provide an easement for the proposed ice bridge if deemed necessary by the City Attorney. 3. The antennas and mounting frame shall not extend more than eight (8) feet above the existing Xcel Energy tower (Structure #11) as indicated by the submitted plans (128 feet total height of tower with antennas and antenna mounting frame). 4. No more than twelve (12) antennas shall be installed. 5. The fence shall not be greater than six (6) feet in height if installed on the property line. There shall not be any barbed wire at the top of the fence. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. All fencing shall comply with the requirements of the Zoning Ordinance. 6. In the event that 59th Street is extended past the proposed site, the access shall be realigned to connect to 59th Street. The cost of the realignment shall be the responsibility of the owner and operator of the antenna(s). 7. All antennas shall be constructed in compliance with City building and electrical codes. 8. Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 9. All antenna support structures shall be reasonably protected against climbing. 10. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. Planning Commission Minutes October 9, 2003 Page 3 of 6 11. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 12. Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 13. Antennas shall be subject to state and federal regulations pertaining to non - ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be the responsibility of the owner and operator of the antenna(s). 14. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. 15. All metal components shall be constructed of or treated with corrosive resistant material. 16. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. 17. The accessory building shall have a brick exterior and gabled roof and shall be screened from view by landscaping in accordance with the recommendations of the City Arborist. 18. At least annually, or as required by the City Attorney, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. 19. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. 20. Grading and utility plans are subject to review and approval by the City Engineer (as applicable). 21. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District (as applicable). 22. The applicant shall provide to the City written documentation /lease agreement from Xcel Energy that allows placement of the Nextel antennas on the utility support structure. Carried 5 -0. Planning Commission Minutes October 9, 2003 Page 4 of 6 B. Denny Hecker Conversion Van Center — Conditional Use Permit To consider a request for conditional use permit for expanded retail auto sales at Denny Hecker Conversion Van Center, located at 14738 60 St. N. City Planner Richards reviewed the request, noting situation of applicant having moved into site prior to request and explained requirement for conditional use permit to operate business. Richards reviewed the planning report on the matter, provided the Commission with an issue analysis, and discussed suggested conditions should the Commission elect to recommend approval. Vice Chair Runk opened the hearing for public comment. Bill Rambo — Denny Hecker Automotive Group the applicant, was present and addressed the Commission as to the planning report and the conditions within. Mr. Rambo stated that they would like to keep signage on the front canopy and keep the canopy itself as it does provide shelter from the elements and it will be expensive to remove. He added that life of business is uncertain with the bridge and highway changes in discussion. Mr. Rambo stated that they have tried to fix the building up and make it look good. Discussion ensued as to signage allowance and how the same is affected with combining the two property sites, site ownership issues in relation to pump area issues being resolved, setbacks, landscaping and canopy. Vice Chair Runk, seconded by Commissioner Liljegren, moved to close the public hearing. Carried 5 -0. Continued discussion was had as to the matter of the 10' setback requirement. Vice Chair Runk, seconded by Chair Dwyer, moved to recommend City Council approval of the conditional use permit, subject to the following conditions: The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702 60 11, Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street North. 4. No signage shall be allowed on the subject property at 14738 60th Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. 5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than June 15, 2004. Planning Commission Minutes October 9, 2003 Page 5 of 6 The grading and drainage plan shall be subject to review and approval of the City Engineer. The applicant shall reopen the driveway access to Osgood Avenue. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by December 15, 2003. 11. The use of an exterior broadcast paging system shall not be used on the subject property at 14738 60` Street North or at the main dealership property at 14702 60th Street North. 12. The site plan shall designate a total of four off -street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60th Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. The applicant shall research the 12 foot easement on the west property line and W illin i Street right -of -way. The applicant shall be required to vacate the easements and right -of -way if required by the City Attorney. 15. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738 60 Street North. 16. Architectural lighting on the existing building at 14738 60tH Street North shall be dimmed at night to a level that is acceptable to the City. Carried 5 -0. New Business None. Old Business A. Central Business District Comprehensive Plan, Rezoning and Design Guidelines Proposal. City Planner Richards discussed the memo enclosed within the Commission meeting packet regarding the creation of a new B -4, Business District and discussed some of the circumstances that have prompted the suggestion for creation of the new zoning district classification. Planning Commission Minutes October 9, 2003 Page 6 of 6 Richards asked the Commission to clarify their desire to have the existing CBD, Central Business District Design Guidelines apply the new B -4, Business District zoning classification. He stated that the B -4 zoning will utilize B -2 classification lot sizes, setbacks and other performance standards. No auto repair will be permitted. Chair Dwyer, seconded by Commissioner Oswald, moved to recommend that City Council consider creation of the proposed B -4 Zoning District as recommended. Carried 5 -0. Brief discussion was had as to road changes, right -of -way and consideration of a building moratorium for the area during the period of discussion of this change and rezoning of the area. Informational A. Next Meeting October 9, 2003 — 7:00p.m. B. Council Representative October — Commissioner Runk November — Commissioner Oswald Adjournment Commissioner Powell, seconded by Commissioner Oswald, moved to adjourn at 8:02 p.m. Carried 5 -0. Respectfully submitted, f Julie A. Hultman Community Development Approved by the Plamiing Commission: 11- 13 -03. 5 -0