HomeMy WebLinkAbout8A, PC 09-009, Conditional Use Permit Amendment at 3900 Bethel Drive
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Request for Council Action
Prepared By:
Meagan Beekman
Council Meeting Date: July 13, 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 July 13, 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 July 13, 2009, Memo to the City Council.
Supportinf! Documents:
1. Letter from AT&T Engineer
2. Conditional Use Permit Amendment
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MEMORANDUM
DATE: July 13, 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 July 13, 2009, Memo to the City Council.
Back2round
This application was before the City Council at their June 29, 2009, meeting and was tabled for
additional information. More specifically, the Council requested information on the other
potential sites that were looked at by AT&T to place the requested antennas. The applicant has
since submitted a letter, drafted by an AT&T Engineer, outlining the alternative sites and the
results of the feasibility studies done for each (Attachment A).
As was stated in the June 29, 2009, report to the City Council, 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 the June 29, 2009, report to the City
Council for an aerial of the site and other previous attachments.
City of Arden Hills
City Council Meeting for July 13, 2009
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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.
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.
Findines of Fact
The Planning Commission reviewed this application at their June 3, 2009, meeting and have
offered the following findings of fact for your consideration:
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 of 75 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 of ten
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.
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.
City of Arden Hills
City Council Meeting for July 13, 2009
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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
recommended 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.
Options
1. Approve the proposal as submitted.
City of Arden Hills
City Council Meeting for July 13, 2009
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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 Al!encv Actions
The City of Arden Hills received the completed application for this request on May 15, 2009.
Pursuant to Minnesota State Statue, the City must act on this request by September 12, 2009 (120
days), as the city has provided the applicant 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: Letter from AT&T Engineer
B: Conditional Use Permit Amendment
City of Arden Hills
City Council Meetingfor July 13, 2009
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ats�t AT&T T: 952.842.4835
4300 Market Pointe Dr. Suite 350 F: 952.842.4736
Bloomington, MN 55435 www.att.com
July 1, 2009
City of Arden Hills
Planning Department
Attn: Meagan Beekman
1245 West Hwy 96
Arden Hills, MN 55112
Re: AT&T's proposed antenna installation at 3900 Bethel Drive
Dear Ms. Beekman,
This letter has been prepared to address the questions raised by the City Council
at their 6/29/09 meeting.
Need For Proposed Facility:
AT&T's proposed antenna installation 3900 Bethel Drive in Arden Hills, MN is
necessary for improving in-building coverage at Bethel University as well as the
neighborhoods in the vicinity of the University. The proposed site will help AT&T
address customer complaints in the area for coverage and to provide reliable
2G/3G services. The Proposed site will also help us to address system capacity
issues due to the growing customer base in the area.
We apologize for any confusion that the coverage map indicator on AT&T's
website may have caused as this area is shown as area of good coverage which
is true for street level coverage but when we started getting complaints from
our customers on campus we walk tested and found in building coverage to be
less than reliable. Our closest site to the campus is on the Arden Hills WT which
sits on a high ground (difference of over 100 ft in GE and our antennas are at
75 ft on the WT)compared to the campus so signal from those antennas shoots
over the buildings and doesn't get into those buildings.
Analysis of nearby structures:
As a matter of AT&T policy, our Site Acquisition Agents are instructed to identify
existing structures of sufficient height in or near our search areas when
investigating locations for new AT&T wireless facilities. Not only does this make
good business sense, but it is also a community friendly approach to providing
wireless service to the residents of the area. As such, the following existing
structures have been considered by AT&T engineering early on in the site
investigation for the proposed facility at Bethel University.
I
at&t
1. Arden Hills Water Tower on Cummings Park Drive: (located 1 mile North of
Bethel University)
Site Acquisition initially brought this site to our attention simply to confirm that
AT&T already has a wireless facility on this Arden Hills Water Tower. AT&T does
in fact operate a wireless facility on this water Tower. This AT&T facility
currently experiences call capacity overloading and does not provide adequate
coverage to Bethel University and the area to the south of Bethel. The proposed
facility at Bethel University will significantly help to relieve the call capacity
issues that are currently being experienced at the AT&T Cummings Park Drive
Water Tower facility. This existing facility also demonstrates that AT&T is willing
to co-locate on existing structures when their location allows them to
substantially satisfy the engineering design requirements.
2. Existing 250' Lattice tower in the northeast corner of Hwy 51 & I-694:
This structure is does not meet AT&T's engineering requirements as it is located
too far north of Bethel University and too close to the existing AT&T site on the
Arden Hills/Cummings Park Drive Water Tower. An AT&T facility at this location
would provide material undesirable interference to the existing Cummings Park
Drive site and would not provide acceptable and reliable in-building coverage to
Bethel University.
3. Arden Hills Water Tower located at 1260 Red Fox Road:
This site would likely provide reliable outdoor coverage to most of the Bethel
campus and surrounding area but would not provide acceptable in-building
coverage. In particular, the numerous buildings located in northwest portion of
the campus and on the west side of the campus would not have sufficient and
reliable in-building coverage for voice and data wireless devices. Even though
this WT is 0.3 miles from the campus this WT, it sits on a high ground (940 ft
AMSL) when compared to the Bethel University campus (880 ft AMSL) so by
collocating on the WT signal from the antennas will be shooting over the
campus. Please see attachment 1 for more details.
atsct
After these existing structures were evaluated, it was determined by AT&T
Engineering that an on-campus wireless facility would be the best solution to
AT&T's gap in in-building coverage that currently exists at Bethel University.
The proposed site will allow AT&T to provide high quality wireless services to
Bethel University and the surrounding area. Our primary goal was to collocate
on one of the buildings on campus that way we could provide reliable in building
coverage for all buildings but the closest candidate we could get close to the
campus is the light pole.
If you have any additional questions, please don't hesitate to contact me.
Sincerely
Raghavendra Parigi
Sr. RF Engineer
Minnesota Northern Plains
612-325-8961 (cell)
952-842-4835 (desk)
at&t
Attachment 1
Difference of 60 ft in GE between the WT (AMSL = 940 ft) located on 1260 Red
Fox Road and Bethel University campus (AMSL = 880 ft)
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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 '/4 of the Southeast ' of the
Southeast '/4 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. 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.
C. At a public hearing on the 3rd day of June, 2009, the Arden Hills Planning
Commission 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 13th day of July, 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. 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. A Conditional Use Permit drafted by the City Attorney shall be signed by the
applicant prior to the issuance of any building permits.
E. 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 13th day of July, 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, the same nd he euted he foregoing authority of and on behalf oft and
City of Arden
acknowledged that he executedby autho
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
f ecot and acknowledged that
s/he executed the same by authority of and on behalf
Notary Public
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