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7.b)1) Sprint Amended Conditional Use Permit: Old Marine Trail . �� b� �� � 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 651.292.4400 � tkda.com �:°�� TKDA Memorandum To: Scandia City Council Reference: Sprint Amended Conditional Use Commission Permit: Old Marine Trail Kristina Handt, City Administrator Copies To: Dale Runkle, Applicant Project No.: 15023.011 From: Berry Farrington AICP Routing: Sherri Buss, RLA, AICP Date: November 14, 2012 SUBJECT: Sprint Amended Conditional Use Permit MEETING DATE: November 20, 2012 LOCATION: 15072 Old Marine Trail Scandia, Minnesota APPLICANT: Dale Runkle, Powder River Development Services, LLC 3669 Pinecrest Court Eagan, MN 55123 ZONING: Agriculture—Core (AG C) 60-DAY PERIOD: December 16, 2012 ITEMS REVIEWED: Application form, plans, structural analysis report and related materials received on October 17, 2012 BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting an amended Conditional Use Permit to allow replacement of three (3)existing panel antennas, addition of two (2) microwave dishes, and addition of six(6) Remote Radio Units (RRUs) on an existing telecommunications tower. The tower address is 15072 Old Marine Trail and is located in the Agriculture—Core (AG C) District. A Conditional Use Permit was first granted for the tower in 1997. The Planning Commission held a public hearing on November 6, and reviewed the application. The applicant presented additional information on how the new equipment An employee owned company promoting affirmative action and equol opportunity Sprint: Old Marine Trail Tower CUP Scandia City Council Page 2 November 20, 2012 would look and function. Commissioners made one change to the conditions, � underlined in this report. BACKGROUND: The application materials indicate that Sprint plans to replace 3 antennas, add 6 Remote Radio Units (RRUs)and add 2 microwave dishes, 2.5 feet in diameter, on an existing tower at 15072 Old Marine Trail. The existing guy wire tower is 160 feet tall and has a shelter at the base of the tower. There is a chain link fence at the perimeter of the shelter and tower. The proposed project includes the following: • Replacement of 3 existing panel antennas on the structure with 3 upgraded antennas. The new antennas will be located in the same location as the antennas to be removed. The antennas are mounted to the tower at 152 feet. • Addition of 6 RRUs on the tower. The RRUs will be located behind the antennas, at the same elevation as the antennas. The RRUs enhance the performance of the antennas and require less cable within the tower. • Addition of a 2 microwave dishes, 2.5 feet in diameter, to be mounted at the same elevation as the antennas, 152 feet. • Changes to cables and within the cabinet/shelter will be made as part of the upgrades. The application indicates that all of the new equipment will be located at the same elevation as the existing antennas so that there will be no increase in the height of the tower. The application also indicates that there will be no exterior alteration of ground-level facilities on the site. The guyed tower is a legal nonconforming structure. The City's zoning ordinance was amended since the tower's construction, to only allow towers to be monopole or stealth design. The ordinance specifies that new antenna and equipment may be added to a nonconforming tower. CONDITIONAL USE PERMIT The Development Code identifies the following general criteria for evaluating Conditional Use Permit requests: o Whether the proposed use is consistent with the Comprehensive Plan, including proposed public facilities and the capital improvement plan. o Whether the proposed use will promote or enhance the general public welfare and will not be detrimental to public health, safety and welfare. o Whether the proposed use will diminish the use and enjoyment of properties in the vicinity or impair property values in the neighborhood o Whether the proposed use will not impede normal and orderly development. o Whether adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity proposed. o Whether the proposed use conforms to the applicable regulations of the district where it is located and other applicable provisions of the Development Code. This report discusses the proposed modifications to the tower in relationship to the criteria for approval of a CUP. 1 , Sprint: Old Marine Trail Tower CUP Scandia City Council Page 3 November 20, 2012 DETAILED EVALUATION OF THE REQUEST: Comprehensive Plan The Comprehensive Plan does not include specific goals or policies related to communications infrastructure, though it does include goals to support the economic health of the community, and adequate communications infrastructure is needed to support the general economic health of the community. The comprehensive plan does include goals and policies to support the community's rural character and natural landscape, and minimize the visual impact of new development. Based on simulations of the tower appearance with the new equipment, the replacement of existing antennas and addition of new equipment will not change the appearance of the tower, and therefore will not have a negative visual impact. The request is consistent with the qoals and policies in the Comprehensive Plan. The chanqes will have no impact on public facilities or the Citv's capital imarovement plan. Public Health, Safety and Welfare The City's limits of authority to review an application for a new wireless communication tower are defined in the United States Code, Section 47.332(c)(7). Local governments have the authority over decisions regarding the placement, construction and modification of personal wireless service facilities, but may not deny a request based on potential environmental impacts of the proposed facilities. Therefore, potential environmental and health impacts are not evaluated in this application. The applicant submitted a Structural Analysis evaluation report, dated October 12, 2012, and Structural Analysis letter, dated July 5, 2012, with the application. The report addresses the structural soundness of the tower and the letter addresses the structural integrity of the mounting system. The report and letter state that the tower and mounting system are sufficient to support the proposed changes. The request has no identified neaative imaacts on public health, safetv. and welfare. Impacts on Neighboring Properties and Property Values, and Normal Development The proposed project will replace existing antennas and add new equipment on an existing tower. It will not increase the height of the tower, and will look nearly identical to the existing tower and equipment when viewed from the neighboring properties and the road. Because the proposed chanqes to the existina tower and facilities are minimal thev are unlikelv to create anv new impacts to neiahborinq proqerties, proqertv values, and would not create impediments to future development. The Planner's recommendation includes proposed conditions that the new eauipment shall be the same color as the existin4 tower in order to minimize the visual impacts of the tower and its equiqment on surroundinp properties and Scandia's visual character. 1 , .. Sprint: Old Marine Trail Tower CUP Scandia City Council Page 4 November 20, 2012 Public Facilities and Services The proposed tower is served by an existing driveway. No additional public facilities or services will be needed due to the proposed changes to antennas and equipment. The public facilities and services needed to serve the facilitv are available and adepuate. Conformance to the Developmenf Code The sections that follow discuss the proposed antennas and equipment based on the requirements in the development code: Co-location Preferred The developrnent code indicates that co-location of antennas on existing towers or structures is preferred to adding new towers. The ordinance seeks to maximize the use of existing and approved towers and buildings to accommodate antennas to reduce the number of towers needed to serve the community. The proposed epuipment colocation is consistent with the ordinance. Setbacks The existing tower meets the setback requirements in the zoning ordinance. The modifications to the tower will not affect the setbacks. Other Ordinance Repuirements and Considerations The ordinance requires that the design and installation of the tower and equipment comply with manufacturer's specifications, and that plans be approved and certified by a registered professional engineer. All antennas and towers must be adequately insured. The City will require that the applicant comply with these conditions. Compliance with Existinq CUP The tower was originally granted a Conditional Use Permit(CUP) in 1997 and a CUP for antenna collocation granted in 2007. The Planners reviewed the CUPs to determine if the tower is now in compliance. Conditions included no advertising or identification signs, a chain link fence around base of the tower, a locked gate at the driveway entrance, and 4 conifers planted on south side of structure. All conditions appear to be met except that at the time of the Planner's site visit, the driveway gate was not locked. The Planning Commission should discuss whether the CUP condition should be changed to indicate a "lockable"gate, or whether a locked gate will continue to be required. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the amended CUP to allow replacement of three (3) existing panel antennas, addition of two (2) microwave dishes, and addition of six (6) Remote � > ' Sprint: Old Marine Trail Tower CUP Scandia City Council Page 5 November 20, 2012 Radio Units (RRUs) on an existing telecommunications tower located at 15072 Old Marine Trail. The Planner recommends the following conditions: 1. All conditions from the original CUP remain in effect. 2. The installation of the antennas and equipment shall comply with the plans and specifications dated June 22, 2012 and received by the City on October 17, 2012. 3. The driveway gate shall be secured with a lock. 4. The applicant shall comply with all the rules and regulations of the FCC and FAA that apply to the proposed communications facility. If new, more restrictive standards are adopted, the antenna installation shall be brought into compliance with the new standards by the owner and operator of the antenna and tower. 5. The structural design, mounting and installation of the tower and antennas shall be in compliance with manufacturer's specifications. 6. All new equipment shall be the same color as the existing tower. 7. If this CUP is revoked, or use of the tower ceases, the tower and all accessory structures shall be removed and the site restored to its original condition within 120 days. If the applicant fails to do so, the City will complete removal and restoration, and the City's cost shall be assessed against the property. 8. No lights, reflectors, flashers, daytime strobes, night time red lights or other illuminating devices shall be attached to the tower, unless required by the FAA or FCC. 9. The applicant shall conduct an annual inspection of the facilities to insure continuing compliance with the City's development code and this permit. 10. The applicant shall obtain insurance so that all antennas and equipment are adequately insured to cover injury and property damage caused by collapse or other catastrophic failure with companies and amounts approved by the City. The applicant shall provide the proof of insurance to the Citv annuallv. 11. The applicant shall pay all fees for the City's review of the application. 1 � CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-20-12-03 APPROVING AMENDED CONDITIONAL USE PERMIT FOR 15072 OLD MARINE TRAIL WHEREAS, Powder River Development Services has made an application for an amended conditional use permit on behalf of Sprint to replace three(3) existing panel antennas, add two (2) microwave dishes, and add six (6) Remote Radio Units (RRU's) on an existing telecommunications tower at 15072 Old Marine Trail, and WHEREAS, the property is legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 35, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter; thence northerly on a Minnesota State Plane Grid Azimuth from north of 00 degrees 13 minutes 54 seconds along the east line of said Southeast Quarter 1675.70 feet; thence westerly 270 degrees 13 minutes 54 seconds azimuth 533.11 feet to the point of beginning; thence southwesterly 240 degrees 47 minutes 21 seconds azimuth 300.00 feet; thence northwesterly 330 degrees 47 minutes 21 seconds azimuth 218.13 feet; thence southwesterly 240 degrees 47 minutes 21 seconds azimuth 97.27 feet;thence westerly 258 degrees 45 minutes 26 seconds azimuth 292.56 feet to the easterly right of way line of Old Marine Road; thence northerly 359 degrees 04 minutes 48 seconds azimuth along said easterly right of way line 20.33 feet; thence easterly 78 degrees 45 minutes 26 seconds azimuth 285.75 feet; thence northeasterly 60 degrees 47 minutes 21 seconds azimuth 94.10 feet; thence northwesterly 330 degrees 47 minutes 21 seconds azimuth 61.87 feet; thence northeasterly 60 degrees 47 minutes 21 seconds azimuth 300.00 feet; thence southeasterly 150 degrees 47 minutes 21 seconds azimuth 300.00 feet to the point of beginning. Said tract contains 2.24 acres more or less; and WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on November 7, 2012, and has recommended approval; and Resolution No.: 11-20-12-03 Page 2 of 3 NOW,THEREFORE, BE IT HEREBY RECOMMENDED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA,that it should and hereby does approve the conditional use permit to allow the replacement of the existing antennas and addition of two new microwave dishes and 6 RRU's,based on the following: 1. The request is consistent with the goals and policies in the Comprehensive Plan, and the changes will have no impact on public facilities or the City's capital improvement plan. 2. The request has no identified negative impacts on public health, safety and welfare. 3. The changes are unlikely to create new impacts to neighboring properties or property values, and would not create impediments to future development. 4. The public facilities and services need to serve the facility are available and adequate. 5. The proposed changes are consistent with the City's Development Code. FLJRTHER BE IT RESOLVED,that the following conditions of approval shall be met: 1. All conditions from the original CUP remain in effect. 2. The installation of the antennas and equipment shall comply with the plans and specifications dated June 22, 2012 and received by the City on October 17, 2012. 3. The applicant shall comply with all the rules and regulations of the FCC and FAA that apply to the proposed communications facility. If new,more restrictive standards are adopted, the antenna installation shall be brought into compliance with the new standards by the owner and operator of the antenna and tower. 4. The structural design, mounting and installation of the tower and antennas shall be in compliance with manufacturer's specifications. 5. All new equipment shall be the same color as the existing tower. 6. If this CUP is revoked, or use of the tower ceases, the tower and all accessory structures shall be removed and the site restored to its original condition within 120 days. If the applicant fails to do so, the City will complete removal and restoration, and the City's cost shall be assessed against the property. 7. No lights, reflectors, flashers, daytime strobes, night time red lights or other illuminating devices shall be attached to the tower,unless required by the FAA or FCC. 8. The applicant shall conduct an annual inspection of the facilities to insure continuing compliance with the City's development code and this permit. 9. The applicant shall obtain insurance so that all antennas and equipment are adequately insured to cover injury and property damage caused by collapse or other catastrophic failure with companies and amounts approved by the City. The applicant shall provide proof of insurance to the City annually. 10. The applicant shall pay all fees for the City's review of the application. Resolution No.: 11-20-12-03 Page 3 of 3 Adopted by the Scandia City Council this 18th day of September, 2012. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk