The URL can be used to link to this page

Home My WebLink About7C Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree Drive�. EN HILLS Request for Council Aciion --- -.�_____ � _.�.__ __ � Prepared By: Meagan Beekxnan � Council Meeting Date: November 30, 20Q9 Planning Case 09-020 for a Conditional Use Permii at 2 Pine Tree Drive. Budgeted Amount: ActuaI Amount: Funding Source: NIA N/A NIA Recommendation: Consider a motion to approv� Planning Case 09-020 for a Condiiianal Use Penmit at 2 Pine Tree Drive based on the findings of fact and the suhmitted plans as arnended by ihe five conditians as presented in the November 30, 2009, Report ta the City Co�cil. Supuortin� Documents: 1. November 30, 2009, Report to the City Council 2. Draft Planning Commission Minutes for November 4, 2Q09 3. Conditional Use Permit 4. November 4, 2009, Report to the Planning Comrnission — http:/lwww.ci.arden-hills.mn.�xs � EN HILLS MEMORANDUM DATE: November 30, 2009 TO: Mayor & City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #: 09-020 Clearwire Wireless LLC; Steve Trueman Conditional Use Permit 2 Pine Tree Drive Back�round The applicants have submitted an application {Attachment C} requesting a Canditional Use Pernlit (CUP) to install cornrnunications antennas and related equipment on ihe existing Country Insurance building at 2 Fine Tree Drive. The antennas would be located in the center of ihe building, on top of the penthouse roof structure, and would be at a height of 73 feet. The related ec�nipmeni would be located an the main raof struct�are, to ihe southeast of the penthouse structure. The existing biiilding, measured from the penthouse, is 60 :feet in heighi and the proposed equipmeni would extend 13 feet above this elevatian. Please see Attachment C for an aerial of the site. Clearwire Wireless LLC would Iease the required space from Counfry Ins�ance. The applicani has submitted an applicaiion, engineer letter, site plan, elevations, and site survey explaining iheir proposal and addressing the location choice for the antennas (Attachrnents C}. Country Insuraza.ce operaies under an existing CUP; howevez the permit does not address ihe use of antennas on the siie. The Zoning Code requires a CUP for all antennas to be located in the City. The proposed antennas would be accessory to the principal commercial use on the property. City of h[rden Hills City Council Meeting for November 30, 2p09 IlMetro-inet.uslardenhillslPdanninglAlanning C4ses12009109-020 Cleanvire CiJP -.2 Pine Tree Drive (f'C�ipproved)Il1-30-09 - Regular Meeting - Memo - Clearwire CUP. doc Page 1 of 3 �ndin�s of Fact The Planning Coxz��xaissio� offers the following fourteen findings of fact far review: GeneraZ Findings: l. The applicant has submitted documentation that addressed the use of the City's water tawer sites. This docurnentation indicates that the water tower sites would not meet the location needs to provide coverage in this area of t�e City. 2. The proposed antennas would be Iacated on an exisiing structure. 3. The proposed antennas would be locaied wiihin �he B-2 — General Business District Zone. 4. The proposed antennas would be at a height of 73 feet. 5. The antennas would be located apprpximately 380 feet from the nearest property line. G. The antennas wouid be painted to match ihe color of the �tructure to which they are attached. 7. Celiular towers and ar�tennas are a conditionally accessory use iri the B-2 Zoning District. On the Conditional Use Permit Evaluation Criteria: 8. The proposed plan would not have any impact on traific az parking conditions. 9. Th� proposed plan will not produce any permanent noise, glare, odors, vibration, smo�e, dust, aiz pollution, heat, liquid or solid wasie, and other nuisance character�siics. 10. The proposed plan will not impact drainage. 1 J. The proposed plar� vvill not impact population density. X2. The proposed aniennas will likely be visible from some locations both on and off the property; however, they are nat anticipated to have an impact on land use compatibility with uses and structures on surrounding Iand or adjoining land values. 13. Park dedications are not applicable. 14. The proposed plan does not conflict with ihe general purpose and intent of the Zoning Cod� or the Comprehensive Development Plan for the City. Recom�nendation The Planning Cornmission reviewed Planning Case 09-020 on November 4, 2409 and unanimously recornmended approval (7-0) oithe Conditional Use Permit based on the fmclings of fact and the subrnitted plans as amended by the following five condi�ions: 1. The project shall be compl�ted in accordance with the plans subrz�itted as amended by the conditions of approvaL Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Cornrnission and City Council. 2. A building pez-�xiit sha1T be obtained for aIl proposed a�tennas priar to installaiion. 3. A building pe�xnit shall be abtained far all proposed structur�s priar �o installation. City of�4rden Hills City Council Meeting for November 30, Z009 1lMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-020 Clearwire CUP -.Z Pine Tree Drive (PC.4pproved)III-30-09 - Regular Meeting - Memo - Clearwire CUP.dac Page 2 of 3 4. A Conditional Use Permii drafted by the City Attorney sha11 be signed by the applicant and the property owner prior to the issuance of any building permits. 5. The antennas and equipmeni shall be painted to match the structure to which they are attached. O_ ptiOnS 1. Approve the proposal as submitted. 2. Approve the proposal with condiiions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denia� at the time it denies the request." 4. Table for additional info�ation. DeadIine for A�eAcv Actions The City of Arden Hills received the cornpleted applicatian for this request on October 23, 2009. Pursuant to Minnesota State Statue, the City must act on this request by Decem�ber 22, 2009 (60 days}, unless the ciiy provides �he petitioner with written reasor�s far an additional &0 day review perioc�. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Requested Council Direction Consider a rz�otion to approve Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree Drive based on the findings of fact and the submitted plans as amended by the five conditions as presented in the Navember 34, 2009, Report to the City Council. Attachrr►enfs A— Draft Plannin.g Commission Minutes for November 4, 2009 B — Canditional Use Perrr�it C— November 4, 2409, R�port to the Planning Commission — ht ://www.ci.arden-hills.mn.us Ciry of.4rden Hills City Council Meeting for November 30, 2009 llMetra-inet.uslardenhi11s1PlanninglPlanning Cases12009109-020 Clearwire CUP - 2 Pane Tree Drive (PC.4pproved)lll -30-09 - Regular Meeting - Merno - Clearwire CUP. doc Page 3 of 3 Attachment Draft Planning Commission Minutes for November 4, 2009 November 30, 2009, City Cotu�cil Meeting Draft Planning Commission Meeting Mxnutes — November 4, 2009 P�annYng Case Q9-020; Conditional Use Perm�t; 2 Pine Tree Drive; Clearwire W�xeless LLC — Public Hearing City Planner Beekman reporied that the applicant has requested a Conditional Use Permi� to install communicaiions antennas and related equipment on the existing building �ocated at 2 Pine Tree Drive. She then provided background information and said that Staff offers the following fourteen findings for consideration: l. The applzcant has submitted documeniation that addressed the use of ihe City's wat�r tower sites. This documentation indicates that the water tower sites would not meet the location needs to provid� coverage in this area of the City. 2. The proposed antennas would be �oca�ed on an existing structure. 3. The proposed antennas would be locaied within the B-2 — General Business Distrxct Zone. 4. The proposed antennas would be at a height of 73 %et. 5. The antennas would be located approximately 380 feet from the nearest property line. 6. The antennas would be pain�ed to match the color of the structure to which th�y are attached. 7. Cellular towers and antennas are a condiiionally accessory use in the B-2 Zoning District. On the Conditionat Use Pe�mii Evaluation C�iteria: S. The proposed plan would not have any impact on traffic or paxking conditions. 9. The proposed plan will not produce any permanent noise, glare, odors, vibrations, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 10. The proposed plan wi11 not impact drainage. i l. Th� proposed plan will not impact population density. X 2. The proposed antennas will likely be visxble from some locations bo�h on and off the property; however, they are not anticipated to have an impaci on land use compatibility with uses and structu.res on surrounding land or adjoining land values. 13. Park dedications are not applicable. 3B Planning Case 09-020; Conditional U,�e Permit; 2 Pine T�ee D�ive; ClearwiYe Wireless LLC — Public Hearing (continued) 14. The proposed plan does not conflict with ihe general purpose and intent of the Zoning Code or the Comprehensive Development P1an for the City. City P1a.nner Beekman stated that based on the findings, Staff recommends approval of Planning Case #09-020 for a Conditional Use Permit at 2 Pine Txee Drive subjeci io the following five conditions: l. The project sha11 be completed in accordance with the plans submitted as amended by the conditions of appzoval. Any significant changes to these plans, as determined by the City Planner, shall require review and approva� by the Planning Commission and Ciry Council. 2. A building permi� shall be obtained for all proposed antennas prior to installation. 3. A building pern�.ifi shall be obtained for all proposed structures prior to installation. 4. A Condiiiona� Use Permit drafted by ihe City Atiarney sha11 be signed by th� applicant and �he property owner prior to the issuance of any building permits. 5. The antennas and equipment shall be paint�d to match ihe structu:re to which they are attached. Chair Larson opened the floor to Commission questions. Chair Larson clarified that ihere were no residence near the proposed site. Commiss�oner Stodola asked why the water iowe:r location would not wo�'k for this tower. Mr. Truman, represen�ing Clearwire Wireless LLC, stated that Clearwire was setting up a wir�less internet network. They are putting three antennas in Arden Hi�ls and each tawer needs to be within a half mile of the other and the water tower location did nofi meei this requirement. 3B.Planning Case 09-020; Conditional Use Permit; 2 Pine TYee Drive; Clearwire WiYeless LLC — Public Hea�ing (continued) Commissioner Zimmerman asked what the length of the lease was that was being negoiiated and if this would carry over if the building was sold. Mr. Txuman stated ihat it was a twenty-five year lease and it would carry over to the new owner in ihe event the building was so�d. Chair Larson opened the pub�ic hearing at 8:20 p.m. Chair Larson invited anyone for or against the applicaiion to come forward and make comment. There being no public inpu�, Chaix Larson closed the public hearing at 8:21 p.m. Commissioner HoXewa moved seconded b Commissioner Thom son to recommend a roval of Plannin Case 09-020 for a Condifional Use Permit at 2 Pine Tree Drive„based on the �ndings oi fact and ihe submi�ted Ians as amended b the five condit�ons in the Novembex 4 2009 Plannin Case Re oxt. The motion caxaried unanimouslv (7-4). Attachment Conditional Use Permit Noverr�ber 30, 2009, City Council Meeting STATE OF MlNNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT CASE N4. 09-U20 1.0 Recitals. A. Mutual Service Li�e Insurance Company ("Permiitee"), fee ow�er of the following real proper�y in fhe City af Arden Hills, Ramsey County, Minnesota ("Arden Hills"): AI[ of the Northeast one-quarter of �he Northwest one- quarter of the Northeast one-quarter (NE'/ of NW 1/41 of NE'/) of Section 34, Tawnship 30 North, Range 23 West, except the following two (2) described parcels: A) The West one hundred �uventy (W.�20) feet o� the East three hundred foriy-seven (E. 347) feet of the North two hundred eighty-three (N. 283} feet thereof; and B) The North three hundred forty-fhree (N. 343) feet thereof lying West of a line, being a continuation of the Westerly line projected on a Southerly direction, of the West one hundred twenty (VII. 12Q) feet of the Eas� three hundred forty-se�en (E. 347} feet of the Nor�h two hundred eighty-three (N. 283) feet of said NE'/ of NW'/4 of NE'/4. B. On #he 23rd day of October, 2009, Clearwire Wireless LLC, represented by Steve Trueman {"Applicant"}, submitted a completed application an �ehalf of the Permittee requesfiing that it be granted a condi�ional use permit to allow the installation o� communications antennas and related equipment in sfirict conformance with p[ans and specifications in the attached Exhibit A {the "Project"). C. At a public hearing on the 4t�' day of No�ember, 2009, the Arden Hifls Planning Commission reviewed the Project, the report and recommendations of the Arden Hills City Planner, the comments made at #he public hearing, and recommended approval of the conditional use permit {the "CUP") for the Project subject to certain condi�ions. 2.0 A roval of CUP Amendmenf. On the 30�' day of No�ember, 2009, the Arden Hills C�ty Council considered the recommendations of the Arder� Hills Ci�y P�ar�ner, the recommendations of the Planning Commission, the e�Fects of the proposed Project on the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, and the community as a whofe; ar�d passed a motior� approving a CUP for Planning Case 09-020. The approvaf of the City af Arden Hills is subject #o the folfowing condi#ions. A. The Project shalf be completed in accordance with the pians submitted as amended by the conditions of approval. Any significant ci�anges to these plans, as determined by the City Plar�ne�-, shall require review and approval by the Planning Commission and City Co�ncil. B. A building permit shalf be obtained for all proposed antennas prior to installation. C. A building permit shaEl be obtained far all propased structures prior to installation. D. The antennas and equipment shall be painted to match the structure to which fhey are attached. 3.0 Comt�liance. Permittee hereby agrees to comply with the conditions of appro�al for this Condifional Use Permi�. Dated this 30t" day of November, 2009 2 ClTY OF ARDEN HIL�S By: Stanley D. Harpsfead lis: Mayor STATE OF MINNESOTA COUNTY OF RAMSEY On this day of , 2009, before me, a notary public within and for said coun#y, personally appeared Star�ley D. Harpstead, to me knawn to be tF�e Mayor of the City of Arden Hills, and he executed t�e foregaing instrument and acknowledged that he executed the same by authority of and on behalf of City of Arden Hills. Notary Public Dafed this day of , 2009 Mutual Service �ife Insuranc� Company ;� . Name: Ets: STATE OF MfNNESOTA } ) COUNTY OF RAMSEY } On this day of , 2009, before me, a notary public withir� and for said county, �ersonally appeared , to me known fo be th� President of Permittee, or the o� the Permittee, and slhe execut�d the foregoing instrument and acknawledged that slhe executed the same by authority ofi and on behalf of the carpo�ation. Notary Public Drafted By: Meagan Beekman, City Planner City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 11Metro-inet.uslardenhillslPlanninglPlar�ning Cases12009109-020 Clearwire CUP - 2 Pine Tree DrEve (PC Appro�ed}1Q9-30-09 - Regular Meeting - Attachment B- Clearwire CUP.doc 4 Attachment November q., 2 0 0 9, Report to the . . . P anning Commission �"' htt�//www.ci.arden-hills.mn.us Novezxiber 30, 2009, City Council Meeting