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HomeMy WebLinkAboutJune 27, 2005 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, JUNE 27,2005 Fire Station - City Council Chambers 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: A. EP 05-163 L.F. Bud Baechler has submitted an application for a Conditional Use Permit to allow an amateur radio antenna with a height of 24 above the existing structure to be constructed at 6346 Conroy Street NE (R-1 Zoning District). B. EP 05-169 & 170 Shamrock Development has submitted an application for a rezoning from the A district to the R-1 district, and a preliminary plat consisting of 21.16 acres to be subdivided into 30 lots for single family dwellings. This property is located directly south of CSAH 42, west of Jeffers Pond and north and east of The Wilds Ridge. C. EP 05-168 The Shakopee Mdewakanton Sioux Community has submitted an application for a Conditional Use Permit for a parking and entrance/loading area for an event center which will be located adjacent to the existing Mystic Lake Casino (site previously known as the Dolan property). 6. Old Business: 7. New Business: 8. Announcements and Correspondence: 9. Adjournment: L:I05 F1LESI05 PLAN COMMISSIONl05 AGENDASIAG062705.DOC f . WWW.cityopriorlake.com Phone 952.447.4230 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, JUNE 27,2005 1. Call to Order: Commissioner Lemke called the June 27, 2005, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Billington, Lemke, Perez and Ringstad, Planning Director Jane Kansier, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Billington Lemke Perez Ringstad Stamson Present Present Present Present Absent 3. Approval of Minutes: The Minutes from the June 13, 2005, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. EP 05-163 L.F. Bud Baechler has submitted an application for a Conditional Use Permit to allow an amateur radio antenna with a height of 24 above the existing structure to be constructed at 6346 Conroy Street NE (R-1 Zoning District). Planning Director Jane Kansier presented the Planning Report dated June 27, 2005, on file in the office of the City Planning Department. L. F. "Bud" Baechler, the applicant, has applied for a Conditional Use Permit to allow for the placement of an amateur radio antenna on the roof of the garage located at 6346 Conroy Street. The property is located within the R1 SD (Low Density Residential- Shore land District.) Mr. Baechler has been a licensed radio amateur for more than 30 years. Ninety percent of his radio activity is for public service. He and his wife, Becky, are certified weather observers and have provided communications during severe weather watches and warnings. Baechler also handles communications between South American missionaries and their family and friends in the United States. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 1 ~~---------'-""~__'~"_'_____"'__M"""_""_"_,,,,_,_,~,_,,_,,..,...._'.....,_~...-,.._..,..,.._.____...~,.,...,,'_,.~ "~'..< "._..,~.~_~,_"_._._.~,~,__,_."__~ Planning Commission Meeting June 27,2005 The applicant's site contains a single family dwelling with a 22.5 foot separation between the garage and house roof. The house roof is 6.5 feet taller than the garage roof. The applicant is proposing to construct an antenna that extends 24 feet above the highest point of the garage roof. Ifthe applicant was to construct an antenna of 15 feet or less above the highest point of the garage roof, the applicant would only be required to obtain a building permit. However, the applicant has indicated the additional 9 feet is necessary to accommodate the essential antenna components for adequate reception. Baechler has provided detailed information on the construction and design of the antenna. The proposed height of the antenna is allowed in the district, with approval of a conditional use permit. In order to meet the above-listed criteria, the Planning staff recommends the following condition: · The applicant must receive a building permit prior to any construction on the site. The Planning Commission's action is a recommendation to the City Council. There is a provision in the ordinance that did not change with the amendment to the Conditional Use provision. This will go before the City Council on July 18, 2005. Questions from the Commissioners: Lemke: · How tall is the total antenna structure as it sits on top the garage? Kansier said staff did not have the top ofthe garage height however from the top ofthe garage to the tip ofthe antenna would be under 25 feet. · Could the applicant construct a freestanding 70 foot structure? Kansier responded he could in the rear yard of his property. In this case, it would be the lake side. Comments from the Public: Applicant Bud Baechler, 6346 Conroy Street, moved to Prior Lake last August. Beachler explained he and his wife were involved in community services for amateur radio, most of it in communications for military personnel and missionary families. The Baechlers are also Sky Warn weather watchers who work with the National Weather Service and local law enforcement officials. Beachler said they looked at many communities and found Prior Lake to suit their needs. He recognized the staff in City Hall for their professionalism and felt they were a reflection of the community. This is an application for a hobby that has a serious motive. The amateur fraternity is self-policed and self-governed and operates at a high technical and operational level. Their participation in Sky W arn Weather is very important. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 2 Planning Commission Meeting June 27, 2005 Beachler gave a brief background on constructing towers and the process he was going through with the City. He wanted to be a good neighbor and do everything correct. A license structural engineer has scrutinized the plan with supporting information in the report. Beachler contacted the neighbors and welcomed any questions and/or comments. A supporting list of neighbors were included in the planning packet. One concern of a neighbor was a health risk of the antenna and radio waves. Baechler pointed out studies concluded there would be no health concern. Those neighbors have signed a statement in support of the antenna. Baechler has been a Federal licensed operator for over 30 years. He and his wife take their responsibility seriously in providing the public service. The Baechlers invest their own money in the equipment and associated costs. Baechler explained the limited period of time of operation. It would depend upon the need. By 4:00 p.m. this afternoon, there were no complaints or concerns at City Hall for this CUP. There is a level of comfort from the neighbors. Billington complimented the applicant on the depth of research for this request. Billington questioned interference with cell phones. Baechler explained the frequency range for cell phone operation is considerably higher than radio frequencies. If there would be any kind of interference he will act immediately to correct the problem. Billington questioned if a professional contractor would install the structure. Baechler said the construction will meet all City and Federal requirements. Typically amateurs tend to be "tool" people. He will be assisted by professionals in the installation ofthe antenna. He is not worried about any engineering concerns as they have all been addressed. Baechler explained the "elements" and "booms" on the antenna. The height from the blacktop to the top ofthe roof is 15 feet. Perez questioned what the radio could interfere with. Baechler said generally it would be Channel 2, a few cases on phones but that has been traced to a telephone company flaw. It is an easy fix. Cable television has reduced interference problems. His original mission was to do it right. He wants to complete the project with everything in place. Mike Johannas, 6362 Wild Oak Terrance, said his only problem is the visibility of the antenna from his deck. He did not care to look at the antenna and would like to have it concealed as much as possible. The project is impressive however he would prefer not to have the additional antenna length to block his view of the lake. Baechler said he valued the neighbor's comments and explained the tower setup. The last bit oftower is pencil thin from his view. The camouflage color conforms to the military research as the most effective color to mask the visibility of the antenna. There are also huge trees above the garage blocking the view of the antenna. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 3 Planning Commission Meeting June 27,2005 Kansier presented pictures from Mr. Johannas' residence. The public hearing was closed at 7:10 p.m. Comments from the Commissioners: Perez: · Agreed with Billington regarding the work and research that has been done on this item. As far as the Findings - agree with staff's report. The criteria has been met. . The applicant would take immediate measures to correct any problems. . The applicant has done as much as he can to reduce the impact to the neighbors. . It is good plan and will support. Ringstad: . The applicant has compromised - understands Mr. Johannes' concern. However, the tower location is a compromise. The antenna could be 70 feet high. . The applicant has done an excellent job in researching the process. . Agree with Perez and support the request. Billington: . This application meets the criteria in all regulations. . Agree with the neighbor with the view situation, however the applicant has compromised in all aspects. . The color and size will be acceptable. The top 5 or 6 feet (tower) will be pencil thin from a relatively short distance. . In view ofthe way it has been presented - care of the structural and engineering detail - will support. Lemke: . The applicant has met the Findings and specifically the screening ordinance. . In this particular case, the applicant has done all he can to minimize the structure. . Agree with Commissioners - Support. MOTION BY BILLINGTON, SECOND BY RINGSTAD, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF AN AMATEUR RADIO ANTENNA WITH A HEIGHT OF 25 FEET ABOVE THE HIGHEST POINT OF THE GARAGE ROOF ON PROPERTY LOCATED AT 6364 CONROY STREET SUBJECT TO STAFF'S CONDITION. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before City Council on July 18, 2005. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 4 Planning Commission Meeting June 17, 1005 B. EP 05-169 & 170 Shamrock Development has submitted an application for a rezoning from the Agricultural district to the R-1 district, and a preliminary plat consisting of 21.16 acres to be subdivided into 30 lots for single family dwellings. This property is located directly south of CSAH 42, west of Jeffers Pond and north and east of The Wilds Ridge. Planning Director Jane Kansier stated the City received a request this afternoon (June 27, 2005) from the applicant asking to table the meeting to July II, 2005. MOTION BY RINGSTAD, SECOND BY BILLINGTON, TABLING THE MATTER TO JULY 11,2005. Vote taken indicated ayes by all. MOTION CARRIED. C. EP 05-168 The Shakopee Mdewakanton Sioux Community has submitted an application for a Conditional Use Permit (CUP) for a parking and entrance/loading area for an event center which will be located adjacent to the existing Mystic Lake Casino (site previously known as the Dolan property). Planning Director Jane Kansier presented the Planning Report dated June 27,2005, on file in the office of the City Planning Department. The Shakopee Mdewakanton Sioux Community (SMSC) is proposing to construct a future event center. The event center will be connected to the north side of the existing Mystic Lake Casino and will be constructed entirely on SMSC Trust Land. However, the proposed facility will have a loading area, additional parking, and landscaped area located adjacent to the event center on fee land. The subject area is located on the west side of CSAH 83, approximately % mile south of CSAH 42 and ~ mile north of CSAH 82. In 2004 the Planning Commission granted a CUP to allow excavation and realignment work for Dakotah Parkway to accommodate a future event center. No other construction was proposed at that time. For that reason, the proposed additional construction requires an amendment to the previous CUP. Staff recommended approval of the conditional use permit request, subject to the following conditions: 1. An Irrevocable Letter of Credit, on a form prepared by the City and approved by the City Attorney, is to be submitted prior to the recording of the resolution. The amount of the LOC is for 125% of the cost of the landscaping. Bids or estimates for the required landscaping must be submitted to the City for review and approval. 2. A building permit is required for the pedestrian underpass and the pedestrian stairways, which will need to be engineered by a structural engineer licensed in the State of Minnesota. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 5 Planning Commission Meeting June 27, 2005 3. Provide revised submittal material to address the Engineering Department comments dated June 13,2005. 4. The clean up of gravel as a result of spills or general transportation of gravel on any public road shall be the responsibility of the applicant. 5. Hours of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and 8:00 a.m. to 12:00 noon on Saturdays. 6. The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (I) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. Any renewal of the CUP is subject to City Council approval and is to include any information as requested by City staff or the City Council that would aid the City Council in determining whether the excavation activities conducted pursuant to this CUP created any adverse impacts to the health, safety or welfare of the City or its residents. Comments from the public: Stan Ellison, Land Manager for the SMSC, said there were no condition issues on their side. The storm water plans are now in his office and he will get them to the City. Ellison briefly explained the utilities. The public hearing was closed at 7:25 p.m. Comments from the Commissioners: Billington: · Sees no reason not to support. The project was well presented and meets all requirements and regulations. Ringstad: · Agreed with staff's assessment and conditions. Support. Perez: · Refrained from discussions and voting as he is employed by the SMSC. Lemke: · Agreed with Commissioners - the criteria has been met. Support. MOTION BY RINGSTAD, SECOND BY BILLINGTON, APPROVING RESOLUTION 05-XX APPROVING THE CONDITIONAL USE PERMIT, SUBJECT TO THE LISTED CONDITIONS IN THE STAFF REPORT. Vote taken indicated ayes by all. Perez abstained. MOTION CARRIED. Kansier explained the appeal process. L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 6 Planning Commission Meeting June 27,2005 6. Old Business: None 7. New Business: None 8. Announcements and Correspondence: The site plan for the new City Hall and Police Station will be presented at the next meeting. 9. Adjournment: The meeting adjourned at 7:28 p.m. Connie Carlson Recording Secretary L:\05 FILES\05 PLAN COMMISSION\05 MINUTES\MN062705.doc 7 PUBLIC HEARING Conducted by the Planning Commission ~~1tL :21/ d--m~ The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT L:\DEPTWORK\BLANKFRM\PHSIGNUP.doc Ju~ m~ W~fOY~ .'