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HomeMy WebLinkAbout7A, Planning Case 10-010 - Conditional Use Permit at 3900 Bethel� �;.� EN HILLS Re uest for Council Action q Prepared By: Meagan Beekman, City Planner Council Meeting Date: September 27, 2010 Approve Planning Case 10-010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council. Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: Approve Planning Case 10-010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as .Amended by the Six Conditions in the September 27, 2010, Report to the City Council. Supporting Documents: l. Memorandum dated September 27, 2010, from Meagan Beekman 2. Draft Planning Commission Minutes Dated September 8, 2010 3. Conditional Use Permit 4. Planning Commission Report dated September 8, 2010 EN HILL S MEMORANDUM DATE: September 27, 2010 TO: Honorable Mayor & City Councilmembers Patrick Klaers, City Administrator FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #: 10-010 Applicant: Buell Consulting (Ken Nielsen) for AT&T Mobility Property Address: 3900 Bethel Drive Request: Conditional Use Permit Req uested Action Motion to Approve Planning Case 10-010 for a Conditional Use Permit at 3 900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council. Back�round The applicant has requested a Conditional Use Permit (CUP) for AT&T to install two antenna assembly canisters, which would house three cellular antennas each, on the roof of the recently constructed Brushaber Commons building located on the Bethel University Campus at 3 900 Bethel Drive. The Campus is located in the B-1 District. The Brushaber Commons building is located in the center of the campus. The antennas would be at a height of approximately 56 feet from the ground, and extend approximately nine feet above the roof of the building. The canisters would be located on top of an expanded HVAC screening wall and be designed to blend in with the existing mechanical equipment on the roof. The applicants are also proposing to construct a ten foot by sixteen foot equipment shed that would be ten feet in height, and would be attached to the new building. The siding of the equipment shed would match the brick face of the existing building to which it would be attached. City of Arden Hills City Council Meeting for Septembe� 27, 2010 C: IDOCUME�I IMEAGAN�I.BEEILOCALS�I I TempIELF2F109-27-10 - Regular Meeting - Memo - Bethel AT&T CUP Amend.doc Page 1 of 4 Since the Planning Commission meeting a water main has been found in the proposed site of the equipment shed. AT&T is working with Bethel University on a slight modification to the location of the shed. The shed would still be attached to the north side of the new building and would not be visible from outside of the campus. Bethel University is still moving through the process for their Board to approve an altered location. The size and architectural treatment of the shed would not be altered, and the change will not impact the roof mounted antennas in any way. City Staff has determined that the modification to the proposed plan would not be significant. The applicant has submitted an application, project letter, and letter from Bruce Kunkel at Bethel University describing the coverage issues on the Campus; as well as a site plan, elevations, and site survey (Attachment C). The City has also contracted with an independent engineering firm, OWL Engineering, to verify the coverage demand in this area and provide an analysis of the coverage available from the City water tower sites versus the proposed location. His report is attached. Findin�s of Fact The Planning Commission reviewed this application at their September 8, 2010, meeting and have offered the following fourteen findings of fact for your consideration: Gene�al Findings: 1. Documentation has been submitted that addresses 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-1 — General Business District Zone. 4. The proposed antennas would be at an approximate height of 56 feet. 5. The antennas would be located approximately 1,185 feet from the nearest property line. 6. The canisters 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-1 Zoning District. On the Conditional Use Pe�mit Evaluation C�ite�ia: 8. The proposed plan would not have any impact on trafiic 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 plan is not expected to have a visual impact on surrounding properties or on land use compatibility with uses and structures on surrounding land or adj oining land City of Arden Hills City Council Meeting for September 27, 2010 C. IDOCUME�I IMEAGAN�I.BEEILOCALS 1I TempIELF2F109-27-10 - Regular Meeting - Memo - Bethel ATc�iT CUP Amend.doc Page 2 of 4 values because the antennas will not be visible from outside the Bethel University Campus. 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 10-010 on September 8, 2010, 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 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 Conditional Use Permit drafted by the City Attorney shall be signed by the applicant prior to the issuance of any building permits. 3. A building permit shall be obtained for all proposed antennas prior to installation. 4. A building permit shall be obtained for all proposed structures prior to installation. 5. The antenna assembly mounts shall be painted to blend in with the structure to which they are attached. Based on the need for minor movement in the final equipment shed location, Staff is proposing a sixth condition of approval. 6. The equipment shed shall be located in the same general area as the proposed plans, and be attached to the Brushaber Commons building. Final location of the shed shall be subj ect to Staff s review and approval prior to the issuance of building permits. Any signi�'icant c�anges to the location of the shed shall require Planning Commission and City Council approval. Requested Action Motion to Approve Planning Case 10-010 for a Conditional Use Permit at 3 900 Bethel Drive Based on the Findings of Fact and the Submitted Plans as Amended by the Six Conditions in the September 27, 2010, Report to the City Council. Deadline for A�encv Actions The City of Arden Hills received the completed application for this request on August 19, 2010. Pursuant to Minnesota State Statue, the City must act on this request by October 17, 2010 (60 City of A�den Hills City Council Meeting for Septembe� 27, 2010 C: IDOCUME�I IMEAGAN�I.BEEILOCALS�I I TempIELF2F109-27-10 - Regular Meeting - Memo - Bethel ATc�T CUP Amend.doc Page 3 of 4 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. Draft Planning Commission Minutes Dated September 8, 2010 B. Conditional Use Permit C. Planning Commission Report dated September 8, 2010 City of Arden Hills City Council Meeting for Septembe� 27, 2010 C: IDOCUME�I IMEAGAN�I.BEEILOCALS�I I TempIELF2F109-27-10 - Regular Meeting - Memo - Bethel AT&T CUP Amend.doc Page 4 of 4 ac men . . . . ra annln omnr�lsslon lnu es a e e em er 2010 � The Planning Commission voted unanimousl to recommended Y approval for Planning Case 10-010 at their September 8, 2010, meeting. City of A�den Hills City Council Meeting for September 27, 201 D DRAFT Planning Commission Minutes dated September 8, 2010 Planning Case 10-010; Conditional Use Permit; 3900 Bethel Drive; Buell Consulting for AT&�' Mobility — Public Hearing City Planner Beekman stated the applicant has requested a Conditional Use Permit (CUP) to allow AT&T to install roof-mounted cellular antennas and to attach a ground-mounted, 160 square foot, equipment shed on the Brushaber Commons building located on the Bethel University Campus. She then provided additional background information. City Planner Beekman stated the Planning Commission must make a finding as to whether or not the proposed cellular tower and equipment shed meets the requirements of the Zoning Code and if they would adversely affect the surrounding neighborhood or the community as a whole. Staff offers the following fourteen findings for consideration: Gene�al Findings: 1. Documentation has been submitted that addresses 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-1 — General Business District Zone. 4. The proposed antennas would be at an approximate height of 56 feet. 5. The antennas would be located approximately 1,185 feet from the nearest property e lne. 6. The canisters 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-1 Zoning District. On the Conditional Use Permit Evaluation C�ite�ia: 8. The proposed plan would not have any impact on traffic 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 characteri stic s . 10. The proposed plan will not impact drainage. 11. The proposed plan will not impact population density. 12. The proposed plan is not expected to have a visual impact on surrounding properties or on land use compatibility with uses and structures on surrounding land or adj oining land values because the antennas will not be visible from outside the Bethel University Campus. 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. City Planner Beekman stated based on the findings of fact, Staff recommends approval of Planning Case # 10-010 for a Conditional Use Permit at 3 900 Bethel Drive subj ect to the following five conditions: Page 1 of 2 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 Conditional Use Permit drafted by the City Attorney shall be signed by the applicant prior to the issuance of any building permits. 3. A building permit shall be obtained for all proposed antennas prior to installation. 4. A building permit shall be obtained for all proposed structures prior to installation. 5. The antenna assembly mounts shall be painted to blend in with the structure to which they are attached. Chair I,arson opened the floor to Commission questions. There being no questions Chair Larson opened the public hearing at 7:59 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. There being no public comment Chair Larson closed the public hearing at 8:00 p.m. Commissioner Scott moved and Commissioner Holewa seconded a motion to Ap�rove Planning Case 10-010 for a Conditional Use Permit at 3900 Bethel Drive Based on the Findin�s of Fact and the Submitted Plans as Amended bv the Five Conditions in the September 8, 2010, Planning Case Reuort. The motion carried unanimousl_y (6-0). Page 2 of 2 ac r�r�en .. . on i lona se erml Ci�y ofA�den Hills City Council Meeting for Septembe� 27, 2010 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT AMENDMENT CASE NO. 10-010 'I.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 �/4 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. On the 19th day of August, 2010, 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 roof- mounted cellular antennas on the Brushaber Commons building and related attached building to house the ground equipment in conformance with plans and specifications in the attached Exhibit A. C. At a public hearing on the 8th day of September, 2010, 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 27th day of September, 2010, 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 10-010 for the CUP Amendment. The approval of the City of Arden Hills is subject to the following cond itions. 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. The antenna assembly mounts shall be painted to blend in with the stricture to wh ich they are attached . F. The equipment structure shall be located in the same general area as the proposed plans, and be attached to the Brushaber Commons building. Final location of the shed shall be subject to Staff's review and approval prior to the issuance of building permits. Any significant changes to the location of the shed shall require Planning Commission and City Council approval. 3.0 Compliance. Permittee hereby agrees to comply with the conditions of approval for this Conditional Use Permit. Dated this 27th day of September, 2010 z CITY OF ARDEN HILLS By: Stanley D. Harpstead Its: Mayor STATE OF MINNESOTA COUNTY OF RAMSEY ) On this day of , 2010, before me, a notary public within and for said county, personaliy 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 , 2010 3 PERMITTEE By: Name: Its: STATE OF MINNESOTA COUNTY OF RAMSEY On this day of , 2010, 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 C:\DOCUME�1\MEAGAN�1.BEE\LOCALS�1\Temp\ELF35\09-27-10 - CUP Amendment Agreement - DRAFT.doc 4 ac men . .. annln om�r�lsslon e o a e e em er � Available online at: �n�vvw. ci. arden-hills. mn. us/�lannin�cas es City of A�den Hills City Council Meeting for September 27, 2010