HomeMy WebLinkAbout4E, Planning Case 09-009 - Bethel Drive
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Request for Council Action
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Prepared By:
Meagan Beekman
Council Meeting Date: June 29, 2009
Approve Planning Case 09-009 for a Conditional Use Permit Amendment at 3900 Bethel
Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Five
Conditions in the June 29, 2009, Memo to the City Council.
Budgeted Amount: Actual Amount: Funding Source:
N/A
N/A
N/A
Recommendation:
Approve Planning Case 09-009 for a Conditional Use Permit Amendment at 3900 Bethel Drive
Based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions in
the June 29, 2009, Memo to the City Council.
Supportin!! Documents:
1. Memo from Meagan Beekman
2. Planning Commission Minutes from June 3, 2009
3. Conditional Use Permit Amendment
4. Emails from Residents
5. Planning Case Report 08-007 to the Planning Commission.
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~"HlEES
MEMORANDUM
DATE: June 29, 2009
TO: Mayor & City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #: 09-009
Conditional Use Permit Amendment
AT&T (Ken Nielsen)
3900 Bethel Drive
Request
Approve Planning Case 09-009 for a Conditional Use Permit Amendment at 3900 Bethel Drive
Based on the Findings of Fact and the Submitted Plans as Amended by the Five Conditions in
the June 29, 2009, Memo to the City Council.
Back2round
The applicants have requested a Conditional Use Permit (CUP) for AT&T to install a cellular
tower and adjacent equipment shed on the Bethel University campus at 3900 Bethel Drive. The
tower and equipment shed would be located on the southeast side of the parking lot immediately
adjacent to the recently added East Lot parking area (approved through Planning Case 07-022),
approximately 170 feet from the eastern property line abutting Trunk Highway 51. Please see
Attachment D for an aerial of the site.
AT&T is seeking to lease a tract measuring 20 feet by 35 feet (700 square feet) that would
contain the cellular tower and equipment shed. The cellular tower would be designed as a simple
pole that would be 75 feet tall with an eight foot tall wooden fence encircling the base, both
painted dark brown. Although the Zoning Code typically limits fences to a maximum height of
six feet, the needed security and fairly isolated location enables an exception to this regulation.
Canister stealth skin would be utilized along the highest 15 feet of the tower to conceal the
antennas inside (the number of antennas on this tower has not been specified). Adjacent to the
south would be a 16 by ten foot (160 square foot) equipment shed measuring ten feet in height.
Metro-inet\ardenhi/ls \Admin \CouncillAgendas & Packet Information 12009\06-29-09 - Regular Meeting - Planning
Case 09-009
Page 1 of 4
The equipment shed would be constructed of tan-colored brick. A four-foot retention wall of
unspecified design would partially encircle the lease tract as seen on the site plan (Attachment
D).
For clarification, the lease agreement would be between Bethel University and AT&T Mobility.
The City of Arden Hills would not receive any payments as part of this agreement.
The applicant has submitted an application, project letter, site plan, elevations, and site survey
(Attachments D).
Staff did amend proposed condition number 5 after the Planning Commission meeting. The
previous language referenced the possibility of the City requiring the tower to be painted a
different color after it was installed. The City would still be able to require additional screening
measures if needed, but upon further discussions with the applicant, discovered that repainting
the tower once it is in place is not feasible. Given that the color of the tower is proposed to be
the same as the existing light poles on the site staff feels that the color of the tower is no longer
an Issue.
Staff received two emails from residents after the Planning Commission packets were sent out.
These have been included as Attachment C to this report.
Findin2S of Fact
The Planning Commission offers the following twenty-one findings of fact for review:
General Findings:
1. The area of the lease tract, including the tower and adjacent equipment shed, would be
700 feet (35' x 20').
2. The proposed tower would have a height of75 feet, the maximum allowed in the Zoning
Code. The antennas would occupy the top 15 feet of the tower.
3. The adjacent equipment shed would be 160 square feet (16' x 10') with a height often
feet.
4. A four foot retaining wall would be built around the east side and portions of the north
and south sides of the lease tract.
5. The tower would be at least partially screened from adjacent properties by trees to the
east and south.
6. The City would not be party to the lease agreement and would not own or be responsible
for maintaining the equipment shed.
7. The site is a minimum of 170 feet from the closest property line (to the east) and is
located adjacent to the smallest of the four eastern campus parking lots. This site appears
to have been selected with regard to decreasing obtrusiveness to adjacent properties and
public streets.
Metro-inet\ardenhills\Admin\CouncilIAgendas & Packet Information 12009\06-29-09 - Regular Meeting - Planning
Case 09-009
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8. The tower setback would be greater than that of campus buildings.
9. The minimum required rear and side interior setback for accessory structures in the B-1
Zoning District is 10 feet, of which the tower would exceed.
10. The tower setback from Bethel Drive would be greater than that of any principal
buildings along the street.
11. The tower setback from the nearest property line would be greater than its height.
12. There are no limits on the number of towers or antennas in non-residential lots.
13. There are no specific requirements for screening of cellular towers outside of City water
tower sites.
14. Cellular towers and antennas are a conditionally accessory use in the B-1 Zoning District.
On the Conditional Use Permit Evaluation Criteria:
15. The proposed plan would not have any impact on traffic or parking conditions.
16. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke,
dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics.
17. The proposed plan will not impact drainage.
18. The proposed plan will not impact population density.
19. The proposed plan is expected to have a visual impact from surrounding properties,
though is not expected to have an impact on land use compatibility with uses and
structures on surrounding land or adjoining land values.
20. Park dedications are not applicable.
21. The proposed plan does not conflict with the general purpose and intent of the Zoning
Code or the Comprehensive Development Plan for the City.
Recommendation
The Planning Commission reviewed Planning Case 09-009 on June 3, 2009 and unanimously
recommends approval (7-0) of the Conditional Use Permit based on the findings of fact and the
submitted plans as amended by the following five conditions:
1. The project shall be completed in accordance with the plans submitted 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 Commission and City
Council.
2. A building permit shall be obtained for all proposed antennas prior to installation.
3. A building permit shall be obtained for all proposed structures prior to installation.
4. A Conditional Use Permit drafted by the City Attorney shall be signed by the applicant
prior to the issuance of any building permits.
5. Additional measures, including vegetative screening, may be required by the city to
reduce the visibility of the tower from Trunk Highway 51 and other nearby properties.
Metro-in et \ardenh ills \Admin \CouncillAgendas & Packet Information 12009\06-29-09 - Regular Meeting - Planning
Case 09-009
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Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "... it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
Deadline for A2encv Actions
The City of Arden Hills received the completed application for this request on April 30, 2009.
Pursuant to Minnesota State Statue, the City must act on this request by June 30, 2009 (60 days),
unless the city provides the petitioner with written reasons for an additional 60 day review
period. The City may, with the consent of the applicant, extend the review period beyond the
initial 120 days.
Attachments
A: Planning Commission Minutes from June 3, 2009
B: Conditional Use Permit Amendment
C: Emails from Residents
D: Planning Case Report 08-007 to the Planning Commission.
Metro-inet\ardenhills\Admin\CouncilIAgendas & Packet Information/2009\06-29-09 - Regular Meeting - Planning
Case 09-009
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Attachment A
June 29, 2009, City Council Meeting
Planning Commission
Meeting Minutes
From June 3, 2009
June 3, 2009 Planning Commission Meeting Minutes - DRAFT
Plannin2 Case 09-009: Conditional Use Permit Amendment: 3900 Bethel Drive:
Bethel University and AT&T -Public HearinJ!
Mr. Roberts reported that the applicant requested a Conditional Use Permit (CUP)
Amendment for AT&T to install a cellular tower and adjacent 160 square foot
equipment shed on the Bethel University campus.
Mr. Roberts stated that the Staff offers the following twenty-one findings for
consideration:
1. The area of the lease tract, including the tower and adjacent equipment
shed, would be 700 feet (35' X 20').
2. The proposed tower would have a height of 75 feet, the maximum allowed
in the Zoning Code. The antennas would occupy the top 15 feet of the
tower. It will be painted dark brown.
3. The adjacent equipment shed would be 160 square feet (16' X 10'), with a
height of ten feet, constructed primarily in brick.
4. A four-foot retaining wall would be built around the east side and portions
of the north and south sides of the lease tract.
5. The tower would be at least partially screened from adjacent properties by
trees to the east and south.
6. The City would not be party to the lease agreement and would not own or
be responsible for maintaining the equipment shed.
7. The site is a minimum of 170 feet from the closest property line (to the
east) and is located adjacent to the smallest of the four eastern campus
parking lots. This site appears to have been selected with regard to
decreasing obtrusiveness to adjacent properties and public streets.
8. The tower setback would be greater than that of campus buildings.
9. The minimum required rear and side interior setback for accessory
structures in the B-1 Zoning District is 10 feet, of which the tower would
exceed.
10. The tower setback from Bethel Drive would be greater than that of any
principal buildings along the street.
11. The tower setback from the nearest property line would be greater than its
height.
12. There are no limits on the number of towers or antennas in non-residential
lots.
13. There are no specific requirements for screening of cellular towers outside
of City water tower sites.
14. Cellular towers and antennas are a conditionally accessory use in the B-1
Zoning District.
On the conditional Use Permit Evaluation Criteria:
15. The proposed plan would not have any impact on traffic or parking
conditions.
16. The proposed plan will not produce any permanent noise, glare, odors,
vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other
nuisance characteristics.
17. The proposed plan will not impact drainage.
18. The proposed plan will not impact population density.
19. The proposed plan is expected to have a visual impact from surrounding
properties, though is not expected to have an impact on land use
compatibility with uses and structures on surrounding land or adjoining
land values.
20. Park dedications are not applicable.
21. The proposed plan does not conflict with the general purpose and intent of
the Zoning Code or the Comprehensive Development Plan for the City.
Mr. Roberts provided background and stated that, based on the findings, the Staff
recommends approval of Planning Case #09-009 for a Conditional Use Permit at
3900 Bethel Drive, subject to the following five conditions:
1. The project shall be completed in accordance with the plans submitted 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 Commission and the City Council.
2. A building permit shall be obtained for all proposed antennas prior to
installation.
3. A building permit shall be obtained for all proposed structures prior to
installation.
4. A Conditional Use Permit, drafted by the City Attorney, shall be signed by
the applicant prior to the issuance of any building permits.
5. Additional measures, including vegetative screening or repainting, may be
required by the city to reduce the visibility of the tower from Trunk
Highway 51 and other nearby properties.
Mr. Roberts stated that, if approved by the Planning Commission, this would go
before the City Council at their meeting on June 29, 2009.
Mr. Roberts introduced Mr. Ken Nielson, Agent for AT&T Mobility, who
appeared to answer any possible questions raised by the Planning Commission.
Commissioner Holewa inquired whether this tower would be used by anyone
other than those on Bethel's campus.
Mr. Nielson replied that the main purpose is for the use of AT&T for the campus,
but it will also be used for some surrounding areas in all directions - mostly those
to the south.
Commissioner Zimmerman inquired whether this would be cellular only outside
the campus and the campus would require antennas.
Mr. Nielson replied that it would be strictly wireless.
Commissioner Zimmerman inquired about the coverage area.
Mr. Nielson replied that, south of the 75- foot site, the coverage would extend 1 ~
- 2 miles.
Chair Larson opened the Public Hearing at 6:45 p.m.
There being no public input, Chair Larson closed the Public Hearing at 6:46 p.m.
Motion by Commissioner Holewa, seconded by Commissioner Thompson, to
approve Planning Case 09-009; Conditional Use Permit Amendment; 3900 Bethel
Drive; Bethel University and AT&T, based on the findings of fact, submitted
plans and the five conditions in the June 3, 2009, Planning Report.
The motion carried unanimously (7-0).
Attachment B
Conditional Use Permit Amendment
June 29, 2009, City Council Meeting
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
CONDITIONAL USE PERMIT AMENDMENT
CASE NO. 09-009
1.0 Recitals.
A. Bethel University, a non-profit institution of higher education ("Permittee"),
located on the following real property in the City of Arden Hills, Ramsey
County, Minnesota ("Arden Hills"):
Those parts of Section 21,22,27, and 28, Township
30, Range 23, lying Westerly and Southerly of the
westerly and southerly right-of-way lines of State
Trunk Highway No. 51 and Interstate Highway 694
lying northerly of the northerly right-of-way line of the
Canadian Pacific Railroad Company and lying
northerly and easterly of the northerly and easterly
right-of-way lines of State Trunk Highway No. 10,
except the South ~ of the Southeast ~ of the
Southeast ~ of the Section 21, Township 30, Range
23, lying east of the easterly line of Highway No. 10,
according to the U.S. Government Survey thereof
(herein the "Subject Property")
B. By letter dated April 4, 2009, Permittee requested that the City of Arden
Hills grant authorization to allow New Cingular Wireless PCS, LLC to
make application for a Conditional Use Permit Amendment for the use of
a portion of its property for a 75 foot wireless communications tower and
related accessory equipment building, antennas, and fencing.
C. On the 15th day of May, 2009, Buell Consulting, an agent for New
Cingular Wireless PCS, LLC ("Applicant"), a Delaware limited liability
company, and by AT&T Mobility Corporation, its Manager, submitted a
completed application on behalf of the Permittee requesting that its
existing conditional use permit be amended to allow the installation of a
75 foot wireless communications tower and related cellular antennas and
accessory building to house the ground equipment in strict conformance
with plans and specifications in the attached Exhibit A.
D. On the 3rd day of June, 2009, the Arden Hills Planning Commission held a
public hearing, reviewed the application, the report and
recommendations of the Arden Hills City Planner, the comments made at
the public hearing, and recommended approval of the conditional use
permit amendment (the "CUP Amendment") subject to certain
conditions.
2.0 Approval of CUP Amendment. On the 29th day of June, 2009, the Arden Hills
City Council considered the recommendations of the Arden Hills City Planner,
the recommendations of the Planning Commission, the effects of the proposed
CUP Amendment on the health, safety, convenience and general welfare of the
owners and occupants of the surrounding land, and the community as a whole;
and passed a motion approving Planning Case 09-009 for the CUP Amendment.
The approval of the City of Arden Hills is subject to the following conditions.
A. The project shall be completed in accordance with the plans submitted as
amended by the conditions of approval and contained in Planning Case No.
09-009. Any significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning Commission and
City Council.
B. A building permit shall be obtained for all proposed antennas prior to
installation.
C. A building permit shall be obtained for all proposed structures prior to
installation.
D. Additional measures, including vegetative screening, may be required by
the city to reduce the visibility of the tower from Trunk Highway 51 and
other nearby properties.
3.0 Compliance. Permittee hereby agrees to comply with the conditions of
approval for this Conditional Use Permit.
Dated this 29th day of June, 2009
2
CITY OF ARDEN HILLS
By:
Stanley D. Harpstead
Its: Mayor
STATE OF MINNESOTA
)
)
)
COUNTY OF RAMSEY
On this _ day of , 2009, before me, a notary public within
and for said county, personally appeared Stanley D. Harpstead, to me known to be the
Mayor of the City of Arden Hills, and he executed the foregoing instrument and
acknowledged that he executed the same by authority of and on behalf of City of
Arden Hills.
Notary Public
Dated this _ day of
, 2009
3
PERMITTEE
By:
Name:
Its:
STATE OF MINNESOTA
COUNTY OF RAMSEY
On this _ day of , 2009, before me, a notary public within
and for said county, personally appeared , to me known to be
the President of Permittee, or the of the Permittee, a non-profit
institute of higher education, and s/he executed the foregoing instrument and
acknowledged that s/he executed the same by authority of and on behalf of the
corporation.
Notary Public
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-009 Bethel CUP Amend with AT&T (PC
Approved)\Conditional Use Permit Amendment - Bethel_AT&T.doc
4
June 29, 2009, City Council Meeting
Attachment C
Emails from Residents
Page 1 of 1
From: nagel [nagelfamily1@comcast.net]
Sent: Monday, June 01, 2009 7:52 PM
To: Meagan Beekman
Subject: CUP Amendment for ATT Mobile
Meagan -
Due to previous commitments, I cannot attend this meeting. I have read the information in the report, but do not
see an analysis of other options that would accomplish the objectives that Bethel University desires wlo the 75
foot antenna. There are a number of independent consultants that could provide this analysis for the City of
Arden Hills that would insure that this is the only option available for providing this service to students...it may be
the cheapest, but I don't think that it is the only alternative for this service.
I would encourage the Planning Commission to seek advice from a qualified engineer to determine other options
that would not result in an eyesore for the community wI yet another tower for communications, rather than take
the word of an ATT and Bethel University that this is the only alternative available. I would recommend that they
table this application until that information can be obtained, so that a more reasoned decision can be made.
Arden Hills prides itself on its aethetics and "village atmosphere", but I don't think that enough has been done to
look at different ways to accomplish the same objectives wlo creating another visual eyesore...as a member of
this community, Bethel University should have looked at other options and I'm disappointed they chose not to.
I would like these comments to part of the official record of both the Planning Commission and City Council.
Thank you for allowing me to comment.
Mark Nagel
1469 Arden Oaks Drive
Arden Hills, MN 55112
file://C:\Documents and Settings\becky.brazys\Local Settings\Temporary Internet Files\OL... 6/24/2009
Page 1 of 1
From: Steven J. Johnson [sjohnson@lindquist.com]
Sent: Tuesday, June 02, 2009 12:55 PM
To: Meagan Beekman
Cc: Susan
Subject: Planning Commission Public Hearing 6/3
Meegan,
We live on Arden Oaks Drive, just south of the Bethel University property. We received notice of the public
hearing on the Conditional Use Permit Amendment proposed to accomodate a 75 foot cellular telephone tower on
the Bethel campus. While it appears that efforts will be made to mitigate the impact of the tower, I would urge the
Planning Commission to evaluate the proposed site and design from the standpoint of the least intrusive visual
impact on surrounding residential areas, I am not familiar enough with either the technology or alternative sites
within or near the campus to evaluate this proposal, but I would hope the Planning Commission staff has those
resources. Assuming that the Planning Commission approves the proposal in some form, I would also urge the
Planning Commission to limit future development of similar towers in the area.
Steve Johnson
Susan Iverson
Steve11 J& J OlUlS0n
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Attachment D
Report to the Planning Commission
From June 3,2009.
Available online at:
http://www.ci.arden-hills.mn.us/planningcases
June 29, 2009, City Council Meeting