7.b)2) Sprint Amended Conditional Use Permit: Novak Avenue �
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Memorandum
To: Scandia City Council Reference: Sprint Amended Conditional Use
Commission Permit: Novak Avenue
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
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SUBJECT: Sprint Amended Conditional Use Permit
MEETING DATE: November 20, 2012
LOCATION: 21560 Novak Avenue
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 to amend the Conditional Use Permit to allow replacement of three
(3) existing panel antennas, addition of one (1) microwave dish, and addition of six(6) Remote
Radio Units (RRUs) on an existing telecommunications monopole. The tower address is 21569
Novak Avenue and is located in the Agriculture— Core (AG C) District.
The City granted a Conditional Use Permit(CUP)for the tower in 2001.
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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 compony promoting affirmative action ond equal opportunity
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Sprint: Novak Ave N Tower CUP
Scandia City Council Page 2 November 20, 2012
would look and function. Commissioners made one change to the conditions,
Iunderlined in this report.
BACKGROUND:
The application materials indicate that Sprint plans to replace 3 antennas and add 6 Remote
Radio Units (RRUs) and 1 microwave dish, 2 feet in diameter, on an existing tower at 21560
Novak Avenue North. The existing monopole tower is 190 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 antenna to be removed.
The antennas are mounted onto the tower at 190 feet.
• Addition of 6 RRUs on the tower. The RRUs will be located behind 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 1 microwave dish, 2 feet in diameter, to be mounted at the same elevation
as the antennas, 190 feet.
• Changes to cables within the monopole and within the cabineUshelter 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 Planner's site visit was interrupted by a dog that chased her off the property. Anyone
visiting the site should be cautious of the dog. The applicant provided photos of the fence and
landscaping at the site to document compliance with the existing Conditional Use Permit issued
in 2001.
CONDITIONAL USE PERMIT CRITERIA
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.
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Sprint: Novak Ave N Tower CUP
Scandia City Council Page 3 November 20, 2012
This report discusses the proposed modifications to the tower in relationship to the criteria for
approval of a CUP.
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 reauest is consistent with the Qoals and
policies in the Comprehensive Plan. The chanaes will have no impact on qublic facilities or the
Citv's capital improvement 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 report, dated August 27, 2012, with the
application that addresses the structural soundness of the structure, and its ability to safely
carry the additional antennas and equipment proposed in the application. The report states that
the tower's shaft is at 69% capacity, and states that with the proposed changes the tower will
meet industry and state building code structural strength requirements. The reauest has no
identified nepative impacts on qublic health, safetv, and welfare.
/mpacfs 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 existin4 tower and facilities are minimal thev are unlikelv to create anv
new impacts to neiqhborinq properties, propertV values, and would not create impediments to
future development. The Planner's recommendations include conditions that the new
eQuipment shall be the same color as the monopole communications tower and the cables shall
be run inside the pole and shall not be visible in order to minimize the impact of the new
equiqment on surroundinq propertv values and Scandia's visual character.
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Sprint: Novak Ave N 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 adeQuate.
Conformance to the Development Code
The sections that follow discuss the proposed antennas and equipment based on the
requirements in the development code:
Co-location Preferred
The development 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 equipment 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 Requirements 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 2001. The Planners
reviewed the CUP to determine if the tower is now in compliance. Conditions include no
advertising or identification signs, a chain link fence around base of the tower, and landscaping
of arborvitae and deciduous trees all the way around the fence, 8 trees per side. Site photos
provided by the applicant and a site visit by the Planner indicate that conditions of the existing
CUP are met.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of the Amendment to the CUP to allow replacement of three
(3)existing panel antennas, addition of one (1) microwave dish, and addition of six (6) Remote
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Sprint: Novak Ave N Tower CUP
Scandia City Council Page 5 November 20, 2012
Radio Units (RRUs) on an existing telecommunications tower located at 21560 Novak Avenue
North. 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 14, 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 monopole communications tower.
6. All cables shall be run inside the pole and shall not be visible.
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 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.
10. The applicant shall pay all fees for the City's review of the application.
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CITY OF SCANDIA, MINNESOTA
RESOLUTION NO. 11-20-12-04
APPROVING AMENDED CONDITIONAL USE PERMIT
FOR 21560 NOVAK AVENUE
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 one (1)microwave dish, and add six (6) Remote Radio Units (RRU's) on an existing
telecommunications monopole at 21560 Novak Avenue, and
WHEREAS, the property is legally described as follows:
South %z of the NW '/ and South %2 of the North % of the NW '/, Section 15, Township
32N, Range 20W; also the east 2 Rods of the NE '/ of the SW '/ of said section for
Roadway purposes; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on November 7, 2012, and has recommended approval; and
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 the new microwave dish 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.
Resolution No.: 11-20-12-04
Page 2 of 2
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 14, 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 monopole communications tower.
6. All cables shall be run inside the pole and shall not be visible.
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
proof of insurance to the City annually.
Adopted by the Scandia City Council this 18th day of September, 2012.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk