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PC-11-16-10 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 16 NOVEMBER 2010 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Geng; Commissioners Arnst, Hasek, and Hutchins; Planning Director Nielsen; Council Liaison Woodruff Absent: Commissioners Davis, Ruoff, and Vilett APPROVAL OF AGENDA Hasek moved, Hutchins seconded, Approving the Planning Commission Agenda of November 16, 2010 as presented. Motion passed 4/0. APPROVAL OF MINUTES  September 14, 2010 Hasek moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of September 14, 2010 as presented. Motion passed 4/0.  October 19, 2010 Hutchins moved, Arnst seconded, Approving the Planning Commission Meeting Minutes of October 19, 2010 as presented. Motion passed 4/0. 1. 7:00 P.M. PUBLIC HEARING – C.U.P. FOR TELECOMMUNICATION FACILITIES Applicant: T-Mobile Central, LLC Location: S.E. Area Water Tower – 5500 Old Market Road Director Nielsen reviewed his staff report explaining that T-Mobile proposes to place one panel-style antenna on the railing at the top of the water tower located at 5500 Old Market Road. The applicant already leases pace at a lower location on the stem of the tower and the proposed antenna would be in addition to that. Any additional equipment required by the additional antenna will be located within their existing fenced-in storage area at the base of the tower. Nielsen said the equipment storage area is very well screened from view, and one tree that the applicant needs to remove will be replaced, ideally in an area to the south of the storage area, in accordance with the Tree Preservation and Replacement Policy. Nielsen stated that the applicant has the ability to add up to six additional antennae to their currently leased location on the water tower stem for a total of nine, but they are requesting to place the new antenna at the top of the tower which is a new location and that is why they need a separate conditional use permit and separate lease agreement. He pointed out that the City Council is currently studying antenna lease fees that the City PLANNING COMMISSION MINUTES 16 November 2010 Page 2 of 4 has in place and the applicant’s lease agreement for the new antenna will be based on the updated fee schedule. Verna Garrison, representing T-Mobile, stated that they currently have three existing antennae and asked that the City allow this additional antenna at no additional cost. She said in addition to their current lease fees, they are covering the cost of consultation and outside engineering expenses. Commissioner Hutchins asked what the purpose is for placing the additional antenna at a different location. Ms. Garrison said according to T-Mobile’s engineer, the higher elevation covers a larger area so they need less facilities in the area, plus this particular antenna provides additional capacity for 3-G and the use of 3-G has increased recently. Commissioner Hasek asked if T-Mobile could use the space that it currently leases on the side of the stem if it added different equipment, or maybe 2 - 3 antennae rather than just the one, or is the preference to move it up simply to reduce the amount of equipment and cover a greater area with less equipment? Ms. Garrison responded that is something she thinks she could take back to T-Mobile for consideration; to use the existing elevation instead of paying additional lease fees. Hutchins asked if the higher elevation provides greater range as well as greater capacity. Ms. Garrison said the capacity doesn’t change with elevation, but the area that it covers increases significantly. She stated there are other ways to improve volume or capacity by enhancing the ground equipment that affects the antenna. Councilmember Woodruff said based on the exhibit drawing, the antenna is unidirectional and would only cover a limited geographical area with 3G. Ms. Garrison said that is correct, and the direction the antenna is facing is based on population and customer complaints. Woodruff said, in that case, T-Mobile will probably be back in another year needing to add another directional antenna and should probably go with the higher elevation now in order to accommodate their needs. Hasek commented that he has seen some water towers that are over-loaded with antennae and he is concerned about this tower becoming one of them. Hutchins asked what the maximum number of antennae the City will be leasing space for to T-Mobile at this new location. Nielsen said that is something the City Council will need to determine. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:27 P.M. He noted that there were no persons present to comment, but acknowledged a letter that was submitted by Hugh and Alison Westgate at 19967 Waterford Court who were in support of the proposal. Chair Geng then closed the Public Testimony portion of the Public Hearing at 7:28 P.M. Hutchins asked if there are any existing guidelines that dictate how many antennae are allowed per water tower. Nielsen said it has been determined on a case by case basis per C.U.P. Chair Geng suggested that an antenna policy is something that should probably be discussed at some time, as part of the Comp Plan. Hasek moved, Hutchins seconded, to recommend approval subject to the recommendations as outlined in the staff report dated November 4, 2010 and further recommend that the City Council be cognizant and aware of the potential maximum number of antennae that could be placed on the S.E. Area Water Tower and what makes good common sense. Motion passed 4/0. PLANNING COMMISSION MINUTES 16 November 2010 Page 3 of 4 2. REVIEW DRAFT CODE AMENDMENTS  Nonconformities Director Nielsen reviewed the draft of proposed amendments regarding nonconforming buildings, structures and uses. He pointed out what is being changed in order to be consistent with current State law. He provided various scenarios of nonconformities in an attempt to further demonstrate the difference between nonconforming use versus nonconforming structure. Commissioner Arnst asked how the City would know that a nonconforming use has been discontinued for a certain amount of time, when that circumstance could have an impact on the status of a property. Nielsen said there are a variety of ways the City finds out about activities. He said often it’s the result of neighborhood complaint, or a new owner making inquiries or applying for permits, etc. Commissioner Hasek asked, in the example of a legal nonconforming apartment within a house that would lose the ability to rent it out if the use were discontinued for a year; if someone just spent the night in the apartment once in a while would that protect it’s legal nonconforming status? Nielsen said yes, that is technically the case, but they would need to keep their Rental Housing License up-to-date too. There was further discussion regarding the meaning of certain parts of the code which resulted in a few additional words for the purpose of clarifying the actual intent.  Trash Enclosures Director Nielsen said that the first criteria in the proposed code states: “Exterior wall treatment shall be similar and complement the materials of the principal building.” He pointed out that it is very subjective. The Commission discussed different ideas of how to better get the point across that an enclosure needs to be aesthetically compatible with the site and durable at the same time. Chair Geng suggested that specific criteria about the design of the enclosure be made part of the Comp Plan, and the actual code could be left less specific. The Zoning Administrator would then have something to refer to if necessary when evaluating permits for the enclosures. Nielsen offered to do further research of what other cities have in their codes about design criteria and provide an updated draft for the public hearing on December 7. If the Commission still wants something different at that point, the hearing can be continued. Commissioner Arnst suggested a different order to how the proposed code is outlined. The Commission agreed with her suggestion and all agreed on a deadline of July 1, 2011 for the installation of enclosures. 3. MATTERS FROM THE FLOOR None. 4. NEW BUSINESS In response to inquiries from Commissioner Arnst, Director Nielsen said the no-right turn sign will be removed from the Cub Food driveway after the curb is redesigned, which can’t happen until spring. The Town Square complex will be superimposed on a photo of the Smithtown Crossing site, and he has that plus mixed use discussion slated for the next meeting. He said he has discussion of information about the Galpin PLANNING COMMISSION MINUTES 16 November 2010 Page 4 of 4 Lake Road/Highway 7 intersection and signal light synchronization prepared. The 2011 Work Program will also be up for discussion at the next meeting. Arnst suggested that SLUC may as well be removed from under Reports since the City doesn’t get the notices. Nielsen said there hadn’t been money available in the budget to pay for SLUC attendance in 2010, but it has been put back in the budget for 2011. 5. DRAFT NEXT MEETING AGENDA The December 7 meeting will include three public hearings, plus a wrap-up of Smithtown Crossing which includes mixed-use (Comp Plan and Zoning Code), and the photo illustration; Highway 7 report; and 2011 Work Program. 6. REPORTS • Liaison to Council Commissioner Hasek reported on items considered and actions taken by the City Council at their meeting of November 8, 2010. • SLUC None. • Other None. 7. ADJOURNMENT Hasek moved, Arnst seconded, Adjourning the Planning Commission Meeting of November 19, 2010 at 9:02 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Patti Helgesen, Recorder