HomeMy WebLinkAbout7.a. Conditional Use Permit Amendment for Fiber Optics to the Home (FTTH)CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: January 7, 2003
AGENDA ITEM: Conditional Use Permit Amendment
AGENDA SECTION:
( Evermoor) Fiber optics To The Home (FTTH)
Old Business
PREPARED BY: Rick Pearson, City Planner
AGEND
ATTACHMENTS: Draft Resolution, Site Plan, Cross - section,
APPROVED BY:
building elevation, PC Minutes (11- 26 -02),
CUP Resolution, Ordinance excerpts.
Applicant: John Schultz of FIFTH
Location: Northeast corner of Shannon and Evermoor Parkways
Property Owner(s): Contractor Property Developers Company
Area in Acres: .25 acres
Current Zoning: R -1, Low Density Residential — Conditional Use for the essential services (fiber optics)
building.
Planning Comm. Action: Recommendation of Approval (3 -0)
Previous Council Action: Tabled (4 -0)
SUMMARY
On November 26, 2002, the Planning Commission adopted a motion recommending approval of a conditional use permit to
construct two satellite dish antennas on the fiber optic building site in Evermoor. The original CUP for the building was
approved with the Council added condition "that no exterior antennas or satellite dishes are permitted without an
amendment to these Conditional Use Permit Conditions" (resolution 2000 -141).
The attached drawings illustrate three antennas:
1. Two ten -foot dishes located in front of and along side of the fiber optics building facing Evermoor Parkway.
Staffs concern_ is that the large size of the antennas will not be completely screened until the vegetation reaches
maturity, many years into the future.
2. A 14 foot dish behind the building — near Shannon Parkway. In response to previous concerns, the antenna has
been moved so that it conforms with applicable setbacks.
PLANNING COMMISSION PUBLIC HEARING
No one spoke at the public hearing other than the applicant. The Applicant, Mr. Schultz indicated that the Antennas would
be moved to a more suitable location in the future. Commission's recommendation of approval is conditioned on:
1) The CUP be reviewed in 18 months, as the applicant indicated that the antennas would be relocated to a non-
residential location, thus facilitating the removal of the antenna feature of the CUP.
2) The location of the antennas be adjusted to eliminate any setback encroachment.
The City Attorney has cautioned that a CUP should be treated as though the antennas are a permanent feature. If the
Council is only willing to permit the antennas on a temporary basis, then Staff should be directed to prepare an Interim Use
Permit with a defined time span for the antennas, such as one year or 18 months.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the Conditional Use Permit Amendment for FTTH dish antennas.
- or—
Motion to direct Staff to prepare an Interim Use Permit allowing the antennas for a period of 18 months in a
form acceptable to the City Attorney.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION APPROVING
THE CONDITIONAL USE PERMIT AMENDMENTFOR
FTTH COMMUNICATIONS, LLC
WHEREAS, the Community Development Department of the City of Rosemount received an
application for a Conditional Use Permit Amendment for FTTH Communications to construct
two satellite dish antennas on the fiber optic building site in Evermoor located at 3771 Evermoor
Parkway; and
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
November 26, 2002, as required by the subdivision ordinance for the purpose of receiving
testimony regarding the requested Conditional Use Permit Amendment; and
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
Conditional Use Permit Amendment for FTTH Communications; and,
WHEREAS, on January 7, 2003, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Conditional Use Permit Amendment for FTTH Communications to construct two
satellite dish antennas on the fiber optic building site in Evermoor located at 3771 Evermoor
Parkway, subject to the following conditions:
The CUP be reviewed in 18 months, as the applicant indicated that the antennas would be
relocated to a non - residential location, thus facilitating the removal of the antenna feature of
the CUP.
2. The location of the antennas be adjusted to eliminate any setback encroachment consistent
with all applicable zoning standards including Section 7.2.B.0 and 7.2.C.F.
3. The dish antennas shall be visually screened from adjacent residential uses with significant
landscaping.
ADOPTED this 7 th day of January, 2003, by the City Council of the City of Rosemount.
William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:_
Member absent:
Seconded by:
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Planning Commission
Regular Meeting Minutes
November 26, 2002
Page 2
Chairperson Anderson asked if the applicant would be willing to remov the obsolete sign
s e on the old Champion building and they stated they would.
Vice Chairpe on Anderson opened the public hearing. There e no comments.
MOTION by Anders to close the public hearing. S and by Messner. Ayes: Anderson,
Messner, Napper. Nays: Motion carried.
MOTION by Messner to grant 04 s variance requested by Jon & Linda Frayne with the
stipulation that the sign be no greate ' size than the picture provided to this Commission and
that it be limited to a height no ater th 23 feet and that the roof -top obsolete sign be
removed. Second by Ande n. Ayes: Mes r, Napper, Anderson. Nays: 0. Motion carried.
Mr. Pearson told t applicant that this could be appea within 10 working days. The appeal
would be subpiffed to the Planning Commission and acte on by the City Council. A public
hearing werdd have to be set up if an appeal were received. If n peals are received within the
10 s the applicant can apply for their sign permit.
Public Hearing: FTTH Communications Conditional Use Permit Amendment
City Planner Pearson presented this application for the corner lot along Shannon Parkway and
Evermoor Parkway. There is a building located on this parcel that contains fiber optic equipment
and the requested Conditional Use Permit Amendment will allow three satellite dishes be
constructed near this building. There is one 14 -foot diameter antenna and two 10 -foot diameter
antennas. The proposed site for the 14 -foot dish is beyond the allowed setback for antennas but
if the applicant is willing to locate it within the setbacks Staff is of the opinion the Commission
could make a conditional recommendation to the City Council. The drawing handed out would
require a variance as the dish encroaches into a streetside front yard setback which is 40 feet.
The applicant, John Schultz of FTTH, was present to answer questions. He stated that he has
been talking with Mr. Pearson trying to find the right solution for the project. Their intent would
be to put in the three dishes as temporary structures until they can find a more permanent
location more suitable for satellite dishes. He said there was no problem moving the dishes so
they are within the setback requirements. This proposal would get them through the winter until
they can find a better location for the dishes. They have talked to the two abutting homeowners
to come up with solutions to shade the dishes from view, etc.
There was discussion about the temporary dishes being at this location and the possible locations
they could be moved to within the city. The permanent location distance is not prohibitive since
they are using fiber optics to transport the signal. The reason for the temporary dishes are to
satisfy promises. to customers and to get the services up and running. Mr. Pearson informed the
Commission that if they feel comfortable that Mr. Schultz will move the antennas so they won't
require a variance and they are comfortable with the 14 -foot dish and the two 10 -foot dishes they
could forward a recommendation to the City Council with a condition the 14 -foot dish be located
within the setbacks as required. There was discussion about putting a time limit on these
temporary dishes.
Vice Chairperson Anderson opened the public hearing. There were no comments.
Planning Commission
Regular Meeting Minutes
November 26, 2002
Page 3 -
MOTION by Anderson to close the public hearing. Second by Napper. Ayes: Napper,
Anderson, Messner. Nays: 0. Motion carried.
MOTION by Anderson to recommend to the City Council approval of a Conditional Use Permit
to FTTH with the condition that this is temporary in that the satellite dishes will be relocated in
the future that the 14 -foot dish be moved within the required setbacks, and also that this will be
reviewed in 18 months and it will be up to Staff to bring it to the Planning Commission and City
Council at that time. Second by Napper. Ayes: Anderson, Messner, Napper. Nays: 0. Motion
carried.
Mr. Pearson stated this will be on the next available City Council agenda. Probably on the
December 17 2002 agenda.
ld Business: Downtown Redevelopment Plan
0'
unity Development Director Parsons gave a brief overview of e previous discussions
regar g the Downtown Redevelopment Plan. The City Council s indicated it would like to
move fo and on this plan for action in December. Based on c espondence from the City
Attorney th Commission has the ability to recommend uses specific uses in downtown that
might conflict ith preferred uses in the Comprehensive P
The Traditional Do, town Overlay District and C2 ommunity Commercial District make up
the current downtown. They are co- terminal and not cover the medium residential site or the
sites that have zoning o er than the C2 Comme ial zoning. Staff recommends removing the
hotel alternative from the an; there are other ays to address the discrepancy of the hotel and
zoning. One of the altemati s for Block J ' cludes a 70 -room hotel which is not a permitted
use. Hotels are permitted in th Traditio
rooms. If the Commission likes t e id
this location they could extend the di
number of rooms or decrease the s' e
should also acknowledge that a 1' rary
in Rosemount. There are othe sites that
1 Downtown Overlay District but are limited to 24
of keeping the flexibility of having the hotel concept at
tional Downtown Overlay District and increase the
the hotel concept at that location. The downtown plan
m be built on another site downtown or on another site
th library board might find more suitable.
There was discussion abo9d the location of the Nrary in the downtown plan and the potential
size. These are all decis' ns decided by the Coun Library Board. The downtown
redevelopment plan is lanning on a 20,000 sq. ft. h ary being either one or two stories. The
library would serve estem Apple Valley and Rosem t. The Commission recommends the
downtown redeve pment plan acknowledge that the lib ry may be put on another site in the
downtown or el where in the city. It may or may not be p rt of the plan but the plan should
move forward ithout waiting to hear where the library will located.
Dscussio ensued regarding the hotel concept. Vice Chairperson derson asked if it would
require comp plan amendment to extend the downtown overlay dis 'ct to C2 community
comm cial area. Mr. Parsons said it would be a zoning map amendme but not a change to the
com ehensive plan. It could be an amendment brought to the City Counc . ' There are two
co cepts for the hotel in the plan.. The concept could be changed. To increas the allowed
mber of rooms would be a text amendment that a developer could request. Aposal would
of be required at this time for the number of rooms the hotel could have. VicCh ' erson
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000- 141
A RESOLUTION APPROVING
THE CONDITIONAL USE PERMIT FOR
CONTRACTOR PROPERTY DEVELOPERS COMPANY
WHEREAS, the Community Development Department of the City of Rosemount received an
application for a Conditional Use Permit for Contractor Property Developers Company to allow
an essential services building at the northeast comer of Shannon Parkway and Evermoor
Parkway in Rosemount, Minnesota; and
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
December 12, 2000, as required by the subdivision ordinance for the purpose of receiving
testimony regarding the requested Conditional Use Permit; and
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
Conditional Use Permit for Contractor Property Developers Company; and,
WHEREAS, on December 19, 2000, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Conditional Use Permit for Contractor Property Developers Company to allow an
essential services building at the northeast comer of Shannon Parkway and Evermoor Parkway,
subject to providing a minimum of 2' of cultured stone around the base of the building along the
southern elevation and wrapping around the comers, and subject to the condition that no exterior
antennas or satellite dishes are permitted without an amendment to these Conditional Use Permit
conditions.
ADOPTED this 19" day of December, 2000,
City Council of the City of Rosemount.
athy
ATTEST:
Linda Jentink, City' erk
Motion by: C i s e w s k i Seconded by: Caspar
Voted in favor: K I absen, C! sewsk i , Busho, Caspar, Edwards .
Voted against: None.
Member absent: None.
a. Ornamentation such as church spires, belfries, bell towers,
cupolas, domes, monuments and flagpoles.
b. Mechanical appurtenances such as solar collectors, chimneys,
smoke stacks, elevator and stairwell penthouses, antennas, transmission
towers and other necessary structures. (Ord. B, 9- 19 -89)
c. In all districts, setbacks for all freestanding tower antennas
shall be equal to the height of the antenna and its supporting structure.
(Ord. B -33, 10- 19 -93)
C. Supplementary Yard Regulations:
1. Permitted Yard Encroachments: No yard or required open space shall
be so reduced in area or dimension so as to make any such area or
dimension less than required by this Ordinance. If already less than the
minimum required, a yard shall not be further reduced. The following
encroachments into required yards shall be permitted:
a. Special structural elements attached to the principal building
such as chimneys, solar collectors, flues, belt courses, sills, pilasters,
lintels, ornamental features, cornices, eaves and gutters provided they do
not extend more than two and one -half feet (2 1 /2') into a yard.
b. Yard lights in "R" Districts not closer than five feet (5') to the
front lot line and lights in all districts for illuminating parking areas,
loading areas or yards for safety and security purposes provided the
direct source of light is not visible from the public right of way or
adjacent residential property. (Ord. B, 9- 19 -89)
C. Decorative landscaping, trees, shrubs and other aesthetic or
sculptural elements including arbors and trellises within the front, side,
street side and rear yards except within sight triangles adjacent to
intersections on corner lots.
d. Accessory Appendages:
(1) Terraces, steps and stoops to the front (main) entrance
of a structure may encroach into the required front, street
side or sldc yards by not more than filtceil feet
However, in no case shall they be closer than five feet
(5') to a lot line or encroach into a utility easement,
whichever is more restrictive.
City of Rosemount
Page 128
sight distances for vehicles approaching intersections. Fences not
exceeding eight (8) feet in height are permitted in all Commercial
Districts except along property lines adjacent to Residential Districts.
All fences located in recorded easements are the sole risk of the property
owner; and the cost.of any removal, relocation, or placement of said
structures caused by any activity permitted in said easements is the sole
responsibility of the property owner. Link fences shall be constructed in
a manner that no barbed ends shall be at the top. Barbed wire and
electric boundary fences not exceeding six (6) feet in height shall only be
permitted in the AG, AG -P, and RR Districts when related to
agricultural or permitted uses relative to animal husbandry. (Ord. B -21,
6- 16 -92)
f. Picnic shelters, gazebos, pool houses stairs, fire escapes and
recreation equipment may be placed only in side or rear yard areas and
shall conform to the requirements of subsection 7.2.A.6. Accessory
Buildings.
g. Satellite Dishes in "R" Districts shall not be closer than ten feet
(10') from a side or rear lot line and shall not be placed in front or street
front yards. (Ord. B -33, 10- 19 -93)
h. Security fences not exceeding eight feet (8') in height are
permitted in the IG and WM Districts. Barbed wire, not exceeding three
(3) strands, may be permitted on top of the fence, providing the arms do
not project over the public right of way or any adjacent public or private
property. The minimum height of the bottom strand of barbed wire shall
not be less than six feet (6') from finished grade. In all cases where a
barbed wire security fence is requested, an application shall be made to
the Building Official. A Certificate of Insurance indemnifying the City
shall be submitted with the application subject to the approval of the City
Attorney as to form and in an amount as set forth in Minnesota Statutes
Section 566.04. (Ord. B -21, 6- 16 -92)
2. Required Side and Rear Yard Enlargement:
a. Corner Lots: Where a side yard abuts a street which is
adjacent to the front yard of one or more residential lots on the same
bloc t t t , r._
ulvcn, such SidC yards Silatt t rmeet file _ llullt yaitl seL'Uat;K feq lrelnelll of
the district. The same yard dimension determined for such a side yard
shall apply to structures in the rear yard. . .
City of Rosemount
Page 130
Z0'd %SG S0 =9t 2002- 90 -Ndf
ADDM TD 1-TV-4 7Cc .
r Fe-Om Fr7W
01/06/2003
Adam Hartung
13175 Crookhaven Ct
Rosemount, MST 55068
(651) 204 -3002
Rick Pearson
Rosemount City Council
Rosemount, MN 55068
City Council Members,
This letter is to inform you of my support of FTTH's effort in providing satellite and
other services to the residents of Evermoore. We are aware that there will be three very
large satellites placed around the utility house on the corner of Evermoore Parkway and
Shannon Parkway. John from FTTH has informed us that is is the intent of FTTH to
have a permanent solution to the satellite needs in the summer of 2003. At that time, the
satellites near the utility house will be removed. There will be no trees or brush cut in
order to place these satellites and even a few more trees will be planted to disguise them
from the neighboring residents.
Being as though these satellites will provided long awaited service to the residents of
Evermoore, and that this is a temporary solution that will not effect the appearance of the
area surrounding the utility house beginning the fall of 2003, we support the installation
of the satellites.
Sincerely,
Adam Hartung
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