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Home My WebLink About6/17/2020o: rrra Apple Valley 1 2. 3 0 Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 June 17, 2020 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM Call to Order Approve Agenda Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A. Approve Minutes of May 20, 2020, Regular Meeting Public Hearings A. Longridge Temporary Cell Tower Monopole Interim Use Permit - PC20- 05-I Consider an Interim Use Permit (I.U.P.) to Allow for Temporary Placement of an 76-foot Tall Cellular Tower Monopole Location: 8351 160th Street West Petitioner: T-Mobile Central, LLC 5. Land Use / Action Items 6. Other Business A. Review of Upcoming Schedule and Other Updates Reminder: City Offices are closed Friday, July 3, 2020, in observance of Independence Day Next City Council Meeting - Thursday, July 9, 2020 - 7:00 p.m. Next Planning Commission Meeting - Wednesday, July 15, 2020 - 7:00 P.m. B. Meeting procedures and access information due to Pandemic Emergency Orders are posted on the City's website. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's webs ite at www cityofapplevalley. org 000 000* 0000 00000 ITEM: 3.A. 000 Apple PLANNING COMMISSION MEETING DATE: June 17, 2020 Valley SECTION: Consent Agenda Description: Approve Minutes of May 20, 2020, Regular Meeting Staff Contact: Department / Division: Mari Salamanca, Department Assistant Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of May 20, 2020. SUMMARY: The minutes of the last regular Planning Commission meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 20, 2020 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Chair Tom Melander*, Tim Burke*, Jodi Kurtz*, Paul Scanlan*, David Schindler*, Ken Alwin*, and Keith Diekmann*. Members Absent City staff members attending virtual meeting: City Attorney Sharon Hills, Community Develop- ment Director Bruce Nordquist, and Planner/Economic Development Specialist Alex Sharpe. * Present via remote technology 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, approving the agenda. Rollcall vote: Ayes - 7 — Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of March 25, 2020. Rollcall vote: Ayes - 7 — Nays - 0. 4. PUBLIC HEARINGS - NONE — 5. LAND USE/ACTION ITEMS A. Heritage Lutheran Sign Variance - PC20-04-V Planner/Economic Development Specialist Alex Sharpe is recommending the following actions: Approval of a 3' setback variance for a ground sign at Heritage Lutheran Church subject to the following conditions: 1. The variance shall be applicable to the property legally identified as Lot 1, Block 1, Heritage Lutheran church. 2. If the sign permit fee is not paid for or not issued within one (1) year of the date of approval, the variance approval shall lapse. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2020 Page 2 of 4 3. Pri orto issuance ofthe sign permit the petitioner shall recordthe variance with Dakota County and provide evidence to the City. 4. A private utility locate shall be performedpriorto any work commencingon the site. 5. Installation shall be generally consistent with the sign plan dated 4-17-20. SUMMARY: Heritage Lutheran Church (EVAcaflt)has applied for sign setback variance for a newground sign. City Code re- quires ground signs to be setback 13' fromthe property line, the applicant is seeking a 3' variance to allow the sign to be placed 10' from the property line. The church is located at the northwest corner of the intersection between Johnny Cake Ridge Rd and (Lower) 130 St W . It has an existing ground sign that has been there since the eady 1990s. They are seeking to update the sign to include an electronic message. An encroachmentbetweenthe City andHeritageLutheranhas allowed the existing ground sign to exist within a drainage and utility easement. A condition of this agreement stated that if the existing sign is updated the sign must be removed fromthe easement, and come into compli- ance with all City requirements. The applicanthassoughttoplace the sign in alocationwhich wouldnotrequire avariance. However, several site characteristics limitthe location and visibility. The applicant's proposed location is outside of the drain- age and utility easement, but would require a 3' setbackvariance. The site is limited by a large stormwater pond and grade changes that limit the location of sign. Additionally, there is an existing lightpole forthe parkinglot thatwouldbe requiredto be relocated for the sign to meet the required setback. Relocation of the light pole and placing the sign in the code compliant loca- tion would also require the removal of trees and other vegetation surrounding the stormwater pond. The visi- bility of this location would be limited from north -bound traffic, the predominate path of visitors. Sign Elevations: 32 sq. ft., small but largest allowed in district. Only 50% can be LED or digital format. Proposed 16 sq. ft. to be digital. It will be required to meet all digital sign requirements. This would be seen as an improvement over the older sign, which has been deteriorating over time. Normally, with a variance the "practical difficulties" measure is used. However, in the case of a signvariance the City Code lays out different standards which are below: Details can be found in the PC Meeting Packet. Criterial for a Sign Variance: (a) Special conditions exist which are peculiar to the land, structure, building involved andwhich are not applicable to other lands, structures, or buildings in the same district; (b) The special condi- tions and circumstances do notresult from the actions of the applicant; (C) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2020 Page 3 of 4 (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance thatwill not have an adverse effect upon adjacentproperties and there will be no deterrence to development of vacant land. Site conditions for a Variance a. Grade, pond easement, irregular lot shape, large existing trees, and existing the sign is placed in easement with an encroachment agreement. Irregular grade on site, pond on northwest side of site causes grade to shift away rather rapidly, pond easement southeast corner (not chosen by applicant), irregular lot shape (not rectangular like other sites) creates challenges with the placement of main building, pond, driveway and parking lot; without variance sign would be blocked by trees and foliage. There is already a sign in the easement with an encroachment agreement. b. Grade changes, irregular lot shape, and location of utilities is not caused by the applicant. c. Literal interpretation will limit the site as other locations are not visible for visitors making the primary access off JCCR less effective. i. Neighboring sites have better visibility, more regularity (in grading and elevation), no major grade changes (near aparking lot). d. No special privilege granted — Existing sign is within easement. i. Staff does not feel special privilege would be given to applicant: They already have a sign within the easement, other signs within JCR corridor follow the 10' setback; others could utilize the set- back but are not limited to do so. e. No adverse appearance — proposed sign meets all city code requirements, and may be seen as an improvement from the existing sign. Staff is recommending approval of the variances based on the following. Discussion: Applicant — represented by Mike Kasbohm with Think Digital Signs available to an- swer any questions. Commissioner Kurtz — does not see an issue: "Chair, this is Jody. I would like to state I know this area pretty well and I don't think by looking at the picture and knowing precisely where that sign is, backing it up 3' is going to be an issue with people going southbound and making a right on 134th St. I think it looks okay." CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2020 Page 4 of 4 Commissioner Alwin concurs. Commissioner Diekman concurs. MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz recommending ap- proval of a 3' setback variance for a ground sign at Heritage Lutheran Church sub- ject to five (5) conditions. Rollcall vote: Ayes - 7 — Nays - 0. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Com- mission meeting was scheduled to take place Wednesday, June 3, 2020, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Burke to adjourn the meeting at 7:17 p.m. Rollcall vote: Ayes - 7 - Nays - 0. Respectfully Submitted, Mari Salamanca, Planning Department Assistant Approved by the Apple Valley Planning Commission on 6/17/2020 Tom Melander, Chair 000 0000 0*000 ITEM: 4.A. *Go Apple PLANNING COMMISSION MEETING DATE: June 17, 2020 Valley SECTION: Public Hearings Description: Longridge Temporary Cell Tower Monopole I nterim Use Permit - PC20-05-1 Staff Contact: Department / Division: Thomas Lovelace, City Planner Community Development Department Applicant: T-Mobile Central, LLC Project Number: PC20-05-1 Applicant Date: 5/21/2020 60 Days: 7/20/2020 11120 Days: 9/18/2020 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. If no public comments are received requiring additional study, staff is recommending the following: 1. A motion to recommend approval of an Interim Use Permit for one 76-foot tall temporary cell tower monopole at 8351 160th Street West (CSAH 46), subject to the following conditions: • The Interim Use Permit shall terminate on July 10, 2021 or 60 days after completion of the reservoir restoration. • The interim use shall be conducted in conformance with the construction plans, dated June 5, 2020. • All applicable City permits shall be obtained prior to any construction. SUMMARY: For consideration is a request for an interim use permit to allow for the temporary placement of a 76-foot tall monopole in the southwest corner of Longridge water reservoir site located at 8351 160th Street West. The purpose is to allow for the relocation of existing communication antennas currently affixed to the reservoir onto the monopole as part of a reservoir -reconditioning project. The antennas will be reattached to reservoir after completion of its rehabilitation and the tower will be removed. Twelve feet of the 80-foot tall monopole will be buried in the ground, with 68 feet above ground. They will place an eight -foot tall antenna array on top of the monopole, making the temporary structure 76 feet tall. This structure will be 21 feet taller than the existing reservoir. The refurbishing of the reservoir is expected to start around July 20, 2020, and it will be completed by October 9, 2020. It is expected that the monopole will be erected and antennas attached to the temporary pole by the 20th. Upon completion of the restoration, the antennas will be reattached to the reservoir, the monopole removed, and the site restored. This should take approximately 30-45 days to complete. BACKGROUND: An interim use permit (I.U.P.) is defined as a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it. The City may issue an I.U.P. i£ • The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein; • The date or event that will terminate the use can be identified with certainty; • Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; • The user agrees to any conditions that the Council deems appropriate for permission of the use; and • The use meets the standards set forth in the zoning regulations herein governing conditional use permits. The proposed project will be required to meet all applicable requirements for monopole and antenna design and maintenance set forth in the City zoning code, and all necessary permits shall be obtained prior to any placement of the tower on the subject property. BUDGET IMPACT: ATTACHMENTS: Background Material Location Map Zoning Map Plan Set LONGRIDGE TEMPORARY CELL TOWER INTERIM USE PERMIT PROJECT REVIEW Existing Conditions Property Location: 8351 160th Street West Legal Description: Outlot a, Lon rid e Second Addition Comprehensive Plan Designation "P" Parks & Open Space) Zoning Classification "P" Institutional Existing latting Platted Current Land Use Public park and water reservoir Size: 14.5 acres Topography: Uneven Existing Vegetation Turf grass Other Significant Natural Features None Adjacent Properties/Land Uses NORTH Single -Family Homes Comprehensive Plan "LD" (Low Density Residential(2-6 units per acre Zoning/Land Use "R-3" (Single -Family Residential/11,000 sq. ft. lot SOUTH Single -Family Homes in the City of Lakeville and Nurser Comprehensive Plan "LD" (Low Density Residential 0.1-3.0 units per acre Zoning/Land Use "RS-3" (Single -Family Residential) and RA Rural Agriculture) EAST Single -Family Homes Comprehensive Plan "LD" (Low Density Residential(2-6 units per acre) Zoning/Land Use "R-3" (Single -Family Residential/11,000 sq. ft. lot) WEST Single -Family Homes Comprehensive Plan "LD" (Low Density Residential(2-6 units per acre Zoning/Land Use "R-3" (Single -Family Residential/11,000 sq. ft. lot) o :4 1 slel = MIAq J(AT ICE nnno LONGRIDGE TOWER TEMP. CELL TOWER INTERIM USE PERMIT ZONING MAP "P" (INSTITUTIONAL) v O r E ■ _> �w o Ll LLI 0 EL z m � a � z U ce U H U U w `z o � U � 8� 0 Q r J U ® qc uzE W _ g � W o - jD.D M�M LW L C7oV0. - zU�� .0000 ■ -- W _ ■ m W 7- Q -- w ■ ■ FEE CL zzW - ° = z -- W -_ - W W W p - aLL HHH� o ci _ offi _ cn Cl)cn a Q z - _- 09 — o �LL Lu U a _ -- - 3 R 5U Co �_ \ o=o�=o= 00o _°°� °off°mom m' Z a' O7 W - W (nwZM W O Z d O � o W r o�O� � W d°�P J z a a 5 - - !�■■I C \ oo o c0Q � °Zo-p 5�zo M�O� �bi`v�0gyo6aooro� ■ N W �C, o zQ o0 o>� - Qz�,Zb- a oO - Z°o° wzx LLJ■ ID VWn ZitOw a oW WZw 000 000* 0000 00000 ITEM: 6.A. 000 Apple PLANNING COMMISSION MEETING DATE: June 17, 2020 Valley SECTION: Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Department / Division: Mari Salamanca, Planning Department Assistant Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning Commission Meetings: Wednesday, July 15, 2020 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, June 17, 2020 • Site plan, variance applications due by 9:00 a.m. on Wednesday, July 1, 2020 Wednesday, August 5, 2020 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, July 8, 2020 • Site plan, variance applications due by 9:00 a.m. on Wednesday, July 22, 2020 Next City Council Meetings: Thursday, July 9, 2020 - 7:00 p.m. Thursday, July 23, 2020 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A 000 000* 0000 00000 ITEM: 6.B. 000 Apple PLANNING COMMISSION MEETING DATE: June 17, 2020 Valley SECTION: Other Business Description: Meeting procedures and access information due to Pandemic Emergency Orders are posted on the City's website. Staff Contact: Department / Division: Mari Salamanca, Department Assistant Community Development Departmen ACTION REQUESTED: N/A SUMMARY: In order to adhere to the Governor's #StayHomeMN Order, live on-line/video meeting procedures and access information are posted on the City's website. BACKGROUND: N/A BUDGET IMPACT: