HomeMy WebLinkAbout7C, Planning Case 09-020_
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Prepared By: Meagan Beekman Council Meeting Date: November 30, 2009
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Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree Drive.
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A � N/A
Recommendation:
Consider a motion 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 November 30, 2009, Report to the City Council.
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Supportin� Documents:
1. November 3 0, 2009, Report to the City Council
2. Draft Planning Commission Minutes for November 4, 2009
3. Conditional Use Permit
4. November 4, 2009, Report to the Planning Commission — http://vv�ww.ci.arden-hills.mn.us
EN ILLS
MEMORANDUM
DATE : November 3 0, 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 Conditional Use
Permit (CUP) to install communications antennas and related equipment on the existing Country
Insurance building at 2 Pine Tree Drive. The antennas would be located in the center of the
building, on top of the penthouse roof structure, and would be at a height of 73 feet. The related
equipment would be located on the main roof structure, to the southeast of the penthouse
structure. The existing building, measured from the penthouse, is 60 feet in height and the
proposed equipment would extend 13 feet above this elevation. Please see Attachment C for an
aerial of the site. Clearwire Wireless LLC would lease the required space from Country
Insurance.
The applicant has submitted an application, engineer letter, site plan, elevations, and site survey
explaining their proposal and addressing the location choice for the antennas (Attachments C).
Country Insurance operates under an existing CUP; however the perrn,it does not address the use
of antennas on the site. 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
prop erty.
City ofArden Hills
City Councal Meeting for November 30, 2009
IlMetro-inet.uslardenhillslPlannangiPlannang Cases12009109-020 Clear�wire CUP - 2 Pine Tree Drive (PCApproved)I11-30-09 - Regular
Meeting - Memo - Clearwire CUP.doc
Page 1 of 3
Findin�s of Fact
�,_
The Planning Commission offers the following fourteen �ndings of fact for review:
Gene�al Findings:
1. The applicant has submitted documentation that addressed the use of the City's water
tower sites. This documentation indicates that the water tower sites would not meet the
location needs to provide coverage in this area of the City.
2. The proposed antennas would be located on an existing structure.
3. The proposed antennas would be located within the B-2 — General Business District
Zone.
4. The proposed antennas would be at a height of 73 feet.
5. The antennas would be located approximately 380 feet from the nearest property line.
6. The antennas would be painted to match the color of the structure to which they are
attached.
7. Cellular towers and antennas are a conditionally accessory use in the B-2 Zoning District.
On the Conditional Use Pe�mit Evaluation Crite�ia:
8. The proposed plan would not have any impact on traf� c or parking conditions.
9. 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.
10. The proposed plan will not impact drainage.
11. The proposed plan will not impact population density.
12. The proposed antennas will likely be visible from some locations both on and off the
property; however, they are not anticipated to have an impact on land use compatibility
with uses and structures on surrounding land or adj oining land values.
13. Park dedications are not applicable.
14. 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 09-020 on November 4, 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 �ve conditions:
1. The proj ect 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.
City of A�°den Hills
City C'ouncil Meetang for° November 30, 2009
IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-020 Clear�wire CUP - 2 Pine Tree Drive (PCApproved)I11-30-09 - Regular
Meeting - Memo - Clearwire CUP. doc
Page 2 of 3
4. A Conditional Use Permit drafted by the City Attorney shall be signed by the
applicant and the property owner prior to the issuance of any building permits.
5. The antennas and equipment shall be painted to match the structure to which they are
attached.
O�t ons
l. 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 A�enc_y Actions
The City of Arden Hills received the completed application for this request on October 23, 2009.
Pursuant to Minnesota State Statue, the City must act on this request by December 22, 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.
Requested Council Direction
Consider a motion to approve Planning Case 09-020 for a Conditional Use Permit at 2 Pine Tree
Drive based on the �ndings of fact and the submitted plans as amended by the five conditions as
presented in the November 30, 2009, Report to the City Council.
Attachments
A— Draft Planning Commission Minutes for November 4, 2009
B — Conditional Use Permit
C— November 4, 2009, Report to the Planning Commission — htt�://wvvw.ci.arden-hills.mn.us
City of Arden Hills
City Council Meeting fo� November 30, 2009
IlMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-020 Clearwire CUP - 2 Pine Tree Drive (PCApproved)I11-30-09 - Regular
Meeting - Memo - Clearwire CUP.doc
Page 3 of 3
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1�Tovember 30, 2009, City Council Meeting
Draft Planning Commission Meeting Minutes — November 4, 2009
Planning Case 09-020; Conditional Use Permit; 2 Pine Tree Drive;
Clearwire Wireless LLC — Public Hearing
City Planner Beekman reported that the applicant has requested a
Conditional Use Permit to install cor�ununications antennas and
related equipment on the existing building located at 2 Pine Tree
Drive. She then provided background information and said that Staff
offers the following fourteen �ndings for consideration:
l. The applicant has submitted documentation that addressed the
use of the City's water tower sites. This documentation
indicates that the water tower sites would not meet the location
needs to provide coverage in this area of the City.
2. The proposed antennas would be located on an existin
g
structure.
3. The proposed antennas would be located within the B-2 —
General Business District Zone.
4. The proposed antennas would be at a height of 73 feet.
5. The antennas would be located approximately 3 80 feet from the
.
nearest property lne.
6. The antennas would be painted to match the color of the
structure to which they are attached.
7. Cellular towers and antennas are a conditionall accesso
y ry use
in the B-2 Zoning District.
On the Conditional Use Pe�mit Evaluation C�ite�ia:
8. The proposed plan would not have any im act on traf� c or
p
parking conditions.
9. The proposed plan will not produce any ermanent noise lare
p �g �
odors, vibrations, smoke, dust, air pollution, heat, li uid or solid
q
v�aste, and other nuisance characteristics.
10. The proposed plan will not impact draina e.
g
11. The proposed plan will not impact population densit .
�
12. The proposed antennas will likely be visible from some
locations both on and off the property; however, the are not
y
anticipated to have an impact on land use com atibili with
p tY
uses and structures on surrounding land or ad' oinin land
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values.
13. Park dedications are not applicable.
3BPlanning Case 09-020; Conditional Use Pe�mit; 2 Pine T�ee D�ive;
Clea�wi�e Wi�eless LLC — Public Hea�ing (continued�
14. The proposed plan does not conflict with the general purpose
and intent of the Zoning Code or the Comprehensive
Development Plan for the City.
City Planner Beekman stated that based on the findings, Staff
recor�lmends approval of Planning Case #09-020 for a Conditional
Use Permit at 2 Pine Tree Drive subj ect to the following five
conditions:
1. The proj ect shall be completed in accordance with the plans
submitted as amended by the conditions of approval. Any
signi� cant changes to these plans, as determined by the City
Planner, shall require review and approval by the Plannin
g
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 Ci Attorne shall be
tY y
signed by the applicant and the property owner rior to the
p
issuance of any building permits.
5. The antennas and equipment shall be painted to match the
structure to which they are attached.
Chair Larson opened the floor to Co��nission questions.
Chair Larson clarified that there were no residence near the ro osed
0
p p
slte.
Commissioner Stodola asked why the water tower location would not
work for thi s tower.
Mr. Truman, representing Clearwire Wireless LLC, stated that
Clearwire was setting up a wireless internet network. The are
y
putting three antennas in Arden Hills and each tower needs to be
within a half mile of the other and the water tower location did not
me et thi s re quirement.
3B.Planning Case 09-020; Conditional Use Pe�mit; 2 Pine T�ee D�ive;
Clea�wi�e Wi�eless LLC — Public Hea�ing (continued�
Commissioner Zimmerman asked what the length of the lease was
that was being negotiated and if this would carry over if the building
was sold.
Mr. Truman stated that it was a twenty-five year lease and it would
carry over to the new owner in the event the building was sold.
Chair Larson opened the public hearing at 8:20 p.m.
Chair Larson invited anyone for or against the application to come
forward and make comment.
There being no public input, Chair Larson closed the public hearin at
g
8:21 p.m.
Commissioner Holewa moved seconded b Commissioner
Thompson to recommend approval of Plannin� Case 09-020 for a
Conditional Use Permit at 2 Pine Tree Drive based on the findin s
of fact and the submitted lans as amended b the five conditions
in the November 4 2009 Plannin Case Re ort. The motion
carried unanimousl_y (7-0).
ac men
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on 1 lona s e e�l
November 30, 2009, City Council Meeting
STATE OF MINNES�TA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
CONDITIONAL USE PERMIT
CASE NO. 09-020
1.0 Recitals.
A. n/lutual Service Life Insurance Company ("Permittee"), fee owner of the
following real property in the City of Arden Hills, Ramsey County,
Minnesota ("Arden Hills"):
All of the Northeast one-quarter of the Northwest one-
quarter of the Northeast one-quarter (NE %4 of NW
1/4/ of NE �/4) of Section 34, Township 30 North,
Range 23 West, except the following two (2)
described parcels:
A) The West one hundred twenty (W.120) feet of the
East three hundred forty-seven (E. 347) feet of the
North two hundred eighty-three (N. 283) feet thereof;
and
B) The North three hundred forty-three (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 (W. 120) feet of the
East three hundred forty-seven (E. 347) feet of the
North two hundred eighty-three (N. 283) feet of said
NE�/ofNW�/4ofNE�/4.
B. On the 23rd day of October, 2009, Clearwire Wireless LLC, re resented b
p Y
Steve Trueman ("Applicant"), submitted a completed application on behalf
of the Permittee requesting that it be granted a conditional use permit to
allow the installation of communications antennas and related equipment
in strict conformance with plans and specifications in the attached Exhibit
A (the "Project").
C. At a public hearing on the 4t" day of November, 2009, the Arden Hills
Planning Commission reviewed the Project, 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 (the "CUP") for the Project subject to certain conditions.
2.0 Approval of CUP Amendment. On the 30t" day of November, 2009, the Arden
Hiils City Council considered the recommendations of the Arden Hills City
Planner, the recommendations of the Planning Commission, the effects 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 whole;
and passed a motion approving a CUP for Planning Case 09-020. 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. The antennas and equipment shall be painted to match the structure to which
they are attached.
3.0 Compliance. Permittee hereby agrees to comply with the conditions of approval
for this Conditional Use Permit. �
Dated this 30th day of November, 2009
��
CITY OF ARDEN HILLS
By:
Stanley D. Harpstead
Its: Mayor
STATE OF M I N N ESOTA
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
Mutual Service Life Insurance Company
By.
a
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, 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
Drafted By:
Meagan Beekman, City Planner
City of Arden H ills
1245 West H ig hway 96
Arden Hills, MN 55112
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CUP.doc
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November 30, 2009, City Council Meeting