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9.a) Conditional Use Permit for Wireless Communication Tower at 23877 Manning Trail. AT&T/New Cingular Wireless, Applicant. Meeting Date: 02/15/2011 Agenda Item: `�.� � � City Council Agenda Report City of Scandia 14727 209`� St. North Scandia, MN 55073 (65l) 433-2274 Action Requested: As recommended by the Planning Commission, approve the application of AT&T/New Cingular Wireless for a Conditional Use Permit (CUP) to allow construction of a monopole communications tower and a shelter for communications equipment to be located at 23877 Manning Trail North. Deadline/ Timeline: 120-day review period expires April 12, 2011. Background: • The Planning Commission opened the public hearing on this application at its January 4 meeting and continued discussion at its February 1 meeting. • The report prepared by the City Planner for the February 1, 2011 meeting is attached. Prior to that meeting, the applicant submitted additional information including a visual simulation showing the tower at an alternate location further from Manning Trail and a conceptual landscaping and screening plan. • The Commission recommended approval of the tower at the location that was ori�inally proposed, with conditions as recommended by the Planner. The conditions include submission of a final landscape plan for the site and for the tower compound that are consist with concept plans provided by the Planner. The conditions have been incorporated into a draft resolution for the City Council's use. Recommendation: I recommend that the Council adopt the resolution approving the Conditional Use Permit. Attachments/ • Draft Resolution No. 02-15-11-01 Materials provided: • Minutes of February l, 2011 Planning Commission Meeting (Draft) • TKDA Memorandum dated January 27, 2011, with attachments Contact(s): Steve Stulz, ARES Midwest (612 414-5013) Sherri Buss, City Planner (651 292-4582) Prepared by: Anne Hurlburt, Administrator (ATT Cell Tower) Page 1 of 1 02/08/11 CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 02-15-11-02 APPROVING CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATIONS TOWER AT 23877 MANNING TRAIL N. WHEREAS, AT&T/New Cingular Wireless has made application for a Conditional Use Permit (CUP) to allow construction of a monopole communications tower and a shelter for communications equipment to be located at 23877 Manning Trail North in the City of Scandia; and WHEREAS, the property(PID 06.032.20.13.0004) is legally described as follows: The East 600 feet of the South 300 feet of the North 1025 feet of the Northwest Quarter of the Northeast Quarter of Section 6, Township 32 North, Range 20 West, Washington County, MN; and That part of the North 1025 feet of the Northwest Quarter of the Northeast Quarter of said Section 6, lying West of the East 600 feet thereof, except the following described parcel: Beginning at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence East along the North line thereof 222.75 feet; thence South at right angles 195.5 feet; thence West at right angles to the quarter section line of said section; thence Northerly along said quarter section line to the place of beginning. Subject to Manning Trail North. Subject to 240th Street North. Subject to and together with any other valid easements, restrictions and reservations. WHEREAS, the Planning Commission reviewed the request at a duly noticed Public Hearing on January 4, 20l 1 and continued its discussion at its meeting on February 2, 2011, and has recommended approval; and Resolution No.: 02-15-11-02 Page 2 of 4 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA,WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of AT&T/New Cingular Wireless for a Conditional Use Permit (CUP) to allow construction of a monopole communications tower and a shelter for communications equipment, based on the following findings: l. A telecommunications tower is allowed by CUP in the General Rural (GR) Zoning District. 2. The proposed tower meets the general criteria and the performance standards for approval of a CUP as provided in Chapter l, Section 8 of the Scandia Development Code. 3. The proposed tower meets the criteria and performance standards for Wireless Communication Antennas and Towers as provided in Chapter 2, Section 4.30 of the Scandia Development Code. The proposed location is within '/ mile of the centerline of County Road 15, but the applicant has demonstrated that the proposed location together with the landscaping surrounding the ground equipment and of the site perimeter as required by in the conditions of approval will be visually inconspicuous as viewed from the road on a year-round basis. 4. The applicant evaluated potential sites within the service area, and found that this site best meets the needs for service coverage, the City's zoning regulations and requirements for construction and operation of the tower. 5. The application indicates that the tower will comply with all applicable FCC and FAA requirements associated with the construction and maintenance of the facilities. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The final plans and specifications shall substantially comply with the preliminary plans and specifications dated November 15, 2010, and supplemental plans dated January 24, 2011 including the size, design, and location of the proposed tower and related facilities and the landscape plan. 2. 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. 3. The structural design, mounting and installation of the tower and antennas shall be in compliance with manufacturer's specifications. Final plans shall be approved and certified by a registered professional engineer. Resolution No.: 02-15-11-02 Page 3 of 4 4. If this conditional use permit 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. 5. The tower shall be painted a light grey or similar color that is as visually inconspicuous as possible. The equipment building shall be painted an earth-tone color that is inconspicuous from the roadway and surrounding properties. The proposed colors shall be reviewed and approved by the City Administrator. 6. The property owner shall preserve the existing vegetation that screens the tower from views from County 15A and adjacent residences. 7. The applicant shall submit final landscape plans for the site and for the tower compound that are consistent with the concept plans provided by the City Planner, dated January 26, 2011. The final landscape plan shall be signed by a registered landscape architect and shall be approved by the City Administrator. 8. The Applicant shall submit a financial guarantee for the required landscaping to the City as required by Chapter 1, Section 11.10 of the Development Code. 9. 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. 10. No advertising or identification signs shall be placed on the tower or antennas. ] 1. The applicant shall conduct an annual inspection of the facilities to insure continuing compliance with the City's development code and this permit, and submit a copy of the inspection report to the City. 12. The applicant shall install and maintain a 6' chain link fence around the monopole and shelter structures, with a gate that is locked at all times. 13. The tower owners shall lease space to other users if requested so long as there is no disruption in the existing service provided by the tower's existing users and no negative structural impact on the tower. The City Council reserves the right to act as arbiter in determining if the tower owner is acting in good faith in leasing to other tenants. The tower shall be constructed to allow for the co-location of at least three additional antennas. 14. The applicant shall obtain insurance so that all antennas and towers are adequately insured to cover injury and property damage caused by collapse or other catastrophic failure, with companies and in amounts approved by the City. 15. The applicant shall pay all fees and escrows. Resolution No.: 02-15-11-02 Page 4 of 4 Adopted by the Scandia City Council this 15`h day of February, 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk February 1, 20]1 The Scandia Planning Commission held their regular monthly meeting on the above date. The following were in attendance: Chair Christine Maefsky, Commissioners Tom Krinke, Susan Rodsjo, Steve Philippi and Peter Schwarz. Staff present: City Administrator Anne Hurlburt, City Planner Sherri Buss, Building Official/Maintenance Supervisor Steve Thorp, Deputy Clerk Brenda Eklund. Following the Pledge of Allegiance, Commission Chair Maefsky called the meeting to order at 7:06 p.m. APPROVAL OF AGENDA, MINUTES Krinke, second by Schwarz, moved to delay action to the March 1, 2011 meeting on Agenda Items S.a) Selecting a Chair and Vice Chair; and S.b) Selecting a representative to the Capital Improvements Committee. Commissioner Krinke explained that action should be delayed until the City Council makes an appointment to the Planning Commission at their February meeting. Commissioner Philippi stated his opposition to the amendment. The motion to amend the agenda carried 4-1, with Philippi opposed. Krinke, second by Rodsjo, moved to approve the agenda as amended. The motion carried 5-0. Krinke, second by Schwarz, moved to approve the January 4, 2011 minutes. Commissioner Philippi corrected the minutes to add a statement under discussion of Ordinance No. 124 about his views on placement of cell towers and a continued review of the ordinance. The motion to approve the minutes as corrected carried 5-0. Rodsjo, second by Krinke, moved to approve the January 25, 2011 minutes as presented. The motion carried 5-0. CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATION TOWER AT 23877 MANNING TRAIL. AT&T/NEW CINGULAR WIRELESS. APPLICANT (CONTINUED FROM JANUARY 4. 2011 MEETING) City Planner Sherri Buss began with summarizing AT&T's application for a Conditional Use Permit to construct a 150-foot monopole telecommunications tower and shelter at 23877 Manning Trail. The Planning Commission held a public hearing at its meeting on January 4, 2011 and determined that additional information was needed. The application was tabled. The Commission requested that neighboring property owners north of 240`h Street (Chisago County) be notified of the continued discussion of the permit application, and that the property owners (Jim and Nancy Beimert) receive a copy of the proposed conditions of approval. Planner Buss reviewed the additional requested materials which the Applicant provided. The Commission requested an alternate location plan showing the tower in a location that meets setback requirements of'/ mile from Manning Trail, as well as other setbacks. The alternate location plan indicated that the tower could not meet the '/ mile setback on this property, and at best the tower location could be approximately 1,000 feet from Manning Trail. This alternate site puts the tower at a higher elevation and away from the natural screening provided along the February 1, 2011 Scandia Planning Commission Page 2 of 4 roadway. Planner Buss concluded that the visual simulation of the aiternate location indicated that the tower is as visible or more visible than in the location originally proposed. The Applicant also submitted a requested landscape and screening plan showing additional screening along roadways and property boundaries. As the Applicant's plan met only the minimum requirements, Planner Buss modified the landscape plan to provide for additional screening to better meet the requirement that the tower be visually inconspicuous when viewed from County Road 15A (Manning Trail). This plan included the addition of over 100 trees of varying sizes and species. The Applicant indicated that they would be willing to utilize the landscape plan provided by the Planner. Commissioner Schwarz asked the Beimerts if they were in approval of the additional plantings along the boundaries. Jim Beimert stated that he would be in favor of additional trees along the property boundaries. Planner Buss presented coverage maps submitted by the Applicant showing the existing service coverage in the area of the proposed tower, and showing potential improvement if the tower is constructed. For informational purpose, Planner Buss developed a map showing the potential locations that remain within Scandia for new towers and antennas. The map indicated that approximately 12.5% of the City's area remains for the placement of new towers. Commissioner Philippi questioned the rate of growth of the tree plantings. Planner Buss predicated that after the first two years of settling in, the deciduous trees could grow approximately 2 feet per year, and 1 to 1'h feet per year for the conifers. This would be dependent on weather factors. Planner Buss provided a number of conditions that would be required for approval of the Conditional Use Permit. Commissioner Krinke suggested that a statement be added to condition #11 that requires AT&T to submit an annual inspection report to the city. Chair Maefsky opened the floor for public comments. Rick Lindblad, 10904 240`h Street: Mr. Lindblad stated that he is the property owner directly north of the proposed site, and has no opposition to the construction of the tower. He felt that it will blend into the landscape shortly after it goes up. Jim and Nancy Beimert, 23877 Manning Trail: Mr. Beimert stated that they have worked very closely with AT&T on a lease agreement and have no reservations about the construction of the tower on their property. Steve Stulz, Agent for AT&T: Mr. Stulz addressed the criteria for determining placement of a new cell tower. The company tracks complaints, dropped service and numerous other factors to select the optimal placement far a new tower. Mr. Stulz stated that new tower construction is looked at as a last resort in accomplishing coverage goals. He acknowledged that the company will cooperate to best meet the requests of the city. February 1, 2011 Scandia Planning Commission Page 3 of 4 Commissioner Philippi questioned the methodology used in developing the visual simulation photos. Mr. Stulz replied that the engineers use existing objects to reference height and scale accordingly. Mr. Stulz commented that the alternate location is not viable and the company prefers the original proposed site as it is better screened by mature trees along the roadway. Commission Chair Maefsky asked if the company has considered stealth towers as a way to reduce the visual impact. Mr. Stulz replied that AT&T has not considered a stealth tower for this location as the landscape is not conducive to this. Commission Chair Maefsky closed the floor to public comments at 7:50 pm. Commissioner Rodsjo asked for verification of the landscape plan, and commented on the mix of trees being recommended. Commissioner Philippi pointed out that the visual simulation photo which the Applicant submitted showing the tower with the 1,000 foot setback was inaccurate because the perspective is off. His calculations determined that the tower's height and width should be 40% less than indicated in the photo. Commissioner Philippi stated that a judgment should not be based on this inaccuracy. Mr. Stulz replied that the intent was to show the appearance of the tower within the open space of the field. Commissioner Rodsjo commented that she prefers the location closer to Manning Trail, as the mature trees aid in screening the tower and it will not be as noticeable as it would be out in the open field. Commissioner Rodsjo suggested that the neighboring property owner to the east be contacted about the adequacy of the screening plan on the eastern boundary. Krinke, second by Schwarz, moved to recommend to the City Council approval of the Conditional Use Permit for AT&T/Cingular Wireless to allow construction of a monopole communications tower and a shelter for communications equipment to be located at 23877 Manning Trail,with findings and conditions as recommended by the Planner (staff report dated January 27, 2011) with an amendment to Condition #11 that the Applicant provide an annual inspection report to the city. The Commission continued discussion on approval of the CUP. Commissioner Philippi asked about the process for amending an ordinance. Administrator Hurlburt explained the process, which includes holding a public hearing. Commissioner Philippi recommended that the Commission and City Council take up the issue of cell towers in a comprehensive way to satisfy coverage with minimal tower construction. A vote was taken on the Krinke/Schwarz motion. The motion carried 4-1, with Philippi opposed. February 1, 2011 Scandia Planning Commission Page 4 of 4 Consensus of the Commission was to proceed with discussion of cell tower ordinance language at the March meeting. ADJOURNMENT Philippi, second by Krinke, moved to adjourn the meeting. The motion carried 5-0. The meeting adjourned at 8:20 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk TKDA 444 Cedar Street,Sude 1500 � Saint Paul,MN 55101 , . The rigM time.IThe right people.The ri�t compa� (651)292-4400 (651)292-0083 Fax www.tkda.com MEMORANDUM To: Scandia Planning Commission Reference: AT&T CUP Application for Monopole Telecommunications Tower Copies To: Anne Hurlburt, City Administrator CityCouncil Steve Stulz, ARES Midwest, Agent for AT&T From: Sherri Buss, City Planner Proj. No.: 14561.007 Date: January 27, 2011 Routing: SUBJECT: AT&T Conditional Use Permit Request MEETING DATE: February 1, 2011 LOCATION: 23877 Manning Trail North Scandia, Minnesota APPLICANT: AT&T/New Cingular Wireless OWNER: James and Nancy Beimert ZONING: General Rural (GR) District 120-DAY PERIOD: April 12, 2011 ITEMS REVIEWED: Application form, plans and related materials dated 11/15/2010 and received December 9, 2010; revised plan set dated 1/24/11; additional visual simulations of original and alternative locations; coverage maps; concept landscape plans. BRIEF DESCRIPTION OF THE REQUEST: The Applicant is requesting a Conditional Use Permit (CUP) to allow construction of a monopole telecommunications tower and a shelter for communications equipment within a fenced compound. The location of the proposed facilities is on James and Nancy Beimert's property. The property is located in the General Rural (GR) Zoning District. A CUP is required for new towers in excess of 35 feet in all districts. The subject property is approximately 20 acres in size. An Employee Owned Company Promoting Altirmative Action and Equal Opportuniry � AT&T CUP Page 2 January 27, 2010 Scandia, Minnesota BACKGROUND: The application materials (included in Attachment I for the meeting on January 4) indicate that AT&T plans to construct a 150' monopole telecommunications tower and a 12' x 20' prefabricated communications equipment shelter within a fenced compound on the Beimert property. AT&T will use an existing private driveway to access the tower. The landowners have signed a lease agreement with AT&T/New Cingular Wireless for the ground space necessary for the tower and shelter construction and maintenance. AT&T indicated that they evaluated potential sites within the service area, and found that this site best met the needs far service coverage, the City's zoning requirements and the requirements for construction and operation of the tower. There are no existing towers within a two-mile radius of the site. The site exceeds the required '/ mile setback from parks, trails and open space sites and State Highways. It is less than the required '/ mile setback from Manning Trail (County Road 15A), and therefore the applicant must demonstrate that the tower will be visually inconspicuous when viewed from that roadway. The proposed location is more than '/ mile from the St. Croix River Overlay District and any DNR protected lakes or streams, as required by the City's Development Code. The application indicates that AT&T will comply with all applicable FCC and FAA requirements associated with the construction and maintenance of the facilities, as well as the requirements of the City's ordinance. PLANNING COMMISSION REVIEW ON JANUARY 4, 2011 AND REQUEST FOR ADDITIONAL INFORMATION The Planning Commission held a public hearing on the AT&T application at its meeting on January 4, 2011. The Commission discussed the application and the issues raised by the public at the hearing. The Commission determined that additional information was needed to consider the proposal and develop a recommendation to the Council. The Commission tabled the application at its meeting on January 4, and requested that the Applicant provide the following additional information: • A location plan and visual simulations showing the tower in a location that meets the setback requirement from Manning Trail, as well as other setback requirements. This would locate the proposed tower to the east of the location proposed in the application. • A landscape plan and visual simulations showing additional screening along roadways and property boundaries and screening for the proposed fenced compound around the tower to meet the requirements of the ordinance that the tower 6e "visually inconspicuous"when viewed from the roadway. The Planning Commission requested that vegetative screening be shown along Manning Trail (County Road 15A), 240`h Street, and along the eastern property boundary. The Commission recommended that the Applicant use the Landscaping and Screening requirements in the City's Development Code in selecting species and developing the plan. � Information regarding the potential improvements in service that would result from the construction of the proposed tower. The Commission also recommended the following: • That the City notify neighbors north of 240th Street (in Chisago County) of the application and the Planning Commission meeting scheduled on February 1, 2011. City staff inadvertently did not notify AT&T CUP Page 3 January 27, 2010 Scandia, Minnesota these neighbors for the January meeting due to the location in a different county. Staff mailed notices of the February 1 Planning Commission meeting to the neighboring properties in Chisago county. • That the City provide a copy of the proposed conditions for approval of the tower to the Beimerts, as some of the proposed conditions require participation by the property owner. City staff provided that information to the Beimerts. The City Administrator requested that the Planner develop a map identifying the city-wide setbacks that the development code requires for wireless towers and antennas, indicating the potential locations that remain in Scandia for this communications infrastructure. The map is included in the attachments to this report. REVIEW OF ADDITIONAL MATERIALS PROVIDED BY THE APPLICANT AND THE PLANNER Alternate Location Option and Visual Simulations The proposed tower location included in the original application is less than '/ mile from County Road 15A (Manning Trail). The ordinance requires that towers that are proposed within '/ mile of County Roads demonstrate through visual impact simulation that the tower will be visually inconspicuous as viewed from the road on a year-round basis. The Planning Commission requested that the Applicant demonstrate whether the proposed tower could be located to meet the required setback from Manning Trail, and provide a visual simulation of the alternative location. • The Applicant submitted additional information on January 25 showing an alternative tower location that is set back farther from Manning Trail. However, the alternate location does not meet the '/ mile setback requirement, and the Applicant indicated that it is not possible to meet the setback requirement on this parcel. A location map and visual simulation of the alternative location are included as Items#1 and 2 in the Attachments. • Since the alternative location is less than '/ mile from Manning Trail, it would need to meet the ordinance requirements that it be "visually inconspicuous when viewed from the roadway on a year- round basis." • The Planner's evaluation of the visual simulation is that the tower is as visible or more visible in the alternative location than in the location originally proposed. The tower appears to be at a higher elevation in the alternative location, and the proposed screening does not make it less conspicuous. The Planning Commission should review the additional information provided by the Applicant, to determine whether the alternate location could make the tower less conspicuous from Manning Trail. Landscape and Screening Plan At the meeting on January 4, The Planning Commission requested that the applicant provide additional screening from local roadways and from the adjacent property, in order to be consistent with the ordinance requirement that the new tower be "visually inconspicuous when viewed from the roadway." The Planner provided direction to the Applicant for the landscape plan requested by the Planning Commission, and AT&T CUP Page 4 January 27, 2010 Scandia, Minnesota provided a copy of the Screening and Landscaping section of the City's Development Code (Chapter 2, Section 3.12). The Planner's direction included the following: • The Applicant should identify screening around the fenced area that would screen the building and base of the tower from view. The screening should include tall shrubs or trees that are dense and"twiggy", including examples provided by the Planner. Plant selection should include a mix of evergreen and coniferous, and should be designed in a natural rather than formal pattern. • The Applicant should provide screening along Manning Trail, 240"' Street,and the property boundary with the neighbor. The Development code and Planning Commission recommend the following: o Native species are preferred,or cultivars of natives(list included in the code) o Mix of coniferous and deciduous material o Coniferous trees should be about 6' in height when installed; deciduous shrubs should be 2-5 gallon material, and 1-1/2 to 2"caliper trunks for trees o Include a plan drawn to scale with planting locations shown and a schedule showing the plant materials(common& scientific names and proposed sizes) o The plan needs to be signed by a registered landscape architect The Applicant provided plan sheets and visual simulations indicating the addition of a minimal amount of landscape materials along the property boundaries, and around the fenced compound on January 25. The Applicant suggested that the landscaping proposed on plan sheets C 2.2 and 2.3 (items#3 and#4 in the attachments)met the minimum requirements for Commercial uses in the Development Code, Section 3.12, Item C. The simulations are items#5-8 in the attachments. The Planner provided additional information to clarify the landscaping and screening requirements and recommendations of the Planning Commission. She provided concept landscape plan sheets, included as items#9 and #10 in the Attachments,to provide additional information to the applicant. She also emphasized the following in communications with the applicant: • The Applicant needs to meet the requirements of Section 4.30, Item 8(E) that the tower be visually inconspicuous when viewed from County Road 15A if it is located less than '/o mile from the roadway. • The item referenced in Section 3.12, Item details the minimum number of overstory trees that may be required by the City. The City may also require additional understory trees and shrubs to meet the screening requirements. The Applicant has indicated that it would be willing to utilize the landscape sketch plan provided by the Planner to provide additional screening. The conditions have been revised to indicate this, and that the Applicant must provide a revised landscape plan signed by a registered landscape architect for review by the City Administrator. • The Planning Commission should note that the Ordinance requires that the tower be"visually inconspicuous" when viewed from State Highways and County Roads. Therefore,this requirement applies only to views from County 15A(Manning Trail) for this application. While the landscape sketch plan shows additional materials to screen views of the tower from 240�'Street as recommended by the Planning Commission,this additional screening is not required by the ordinance. The Planning Commission should review the additional information provided by the Applicant, to determine whether 1) the proposed screening suggested by the applicant or 2) the landscape sketch plan provided by the Planner could make the tower less conspicuous from Manning Trail. AT&T CUP Page 5 January 27, 2010 Scandia, Minnesota Coverage Maps The Applicant submitted maps showing the existing service coverage in the area of the proposed tower, and showing the potential improvements in coverage if the tower is constructed. The color figures are included as items#11 and #12) in the Attachments and are titled "East Forest Lake site (Beimert}--Propagation without Site and Propagation with Site." The yellow and red areas of the map indicate areas of poor coverage, and the green areas indicate geographic areas of good coverage. The map indicates the areas where service coverage would improve with the installation and operation of the proposed tower. The before and after coverage maps are included as items #11 and #12 in the Attachments. Map of Potential Locations for New Wireless Towers and Antennas in Scandia At the Planning Commission meeting on January 4, the Applicant and Commission discussed the setback and location requirements for new wireless communication towers and antennas that are included in the City's development code. The City Administrator requested that the Planner develop a map identifying the code requirements, and showing the potential locations that remain in the community for new towers and antennas. The map is attached as item #13. The map identifies the following: • Existing and proposed state, county and city parks, including the required '/ mile setback area • State Highways 95 and 97, County Roads 3, 4, 15 and 52, and '/ mile setback area • St. Croix River Overlay District, and '/ mile setback area • Lots that are smaller than 5 acres in the AG C, AP, VN, VMU A and VMU B district, and smaller than 2.5 acres in the IP and R COMM districts. The minimum lot size for new towers is 5 acres and 2.5 acres in the respective districts. • New towers are not allowed in the AG C or AP districts unless they are located within the easement of a high power overhead transmission line or within 50 feet of the transmission line on the same side of the road. New antennas on existing towers or existing buildings are allowed, with some height restrictions. The map indicates that approximately 12.6°/a of the City's area is within the area where these restrictions for new towers and antennas apply. Other restrictions that are difficult to show on a city-wide map would also further limit the potential locations for towers: • Residential dwelling setbacks. Towers up to 150 feet in height must be setback at least 300 feet from any residential dwelling other than the dwelling on the parcel where the tower is proposed to be located. Towers that are over 150 feet in height must be setback at least 500 feet from residential dwellings other than a dwelling on the parcel where they are proposed to be located. The map is provided for informational purposes in considering this application. AT&T CUP Page 6 January 27, 2010 Scandia, Minnesota AUTHORITY OF THE CITY TO REVIEW THE AT&T APPLICATION The City's limits of authority to review the AT&T Application for a new wireless communication tower are defined in the United States Code, Section 47.332(c)(7). A copy of the text of this statute is included as item #14 in the Attachments. These limitations include the following(paraphrased): • State and local governments have the authority over decisions regarding the placement, construction and modification of personal wireless service facilities, exce t the following: o These governments cannot unreasonably discriminate among providers of functionally equivalent services o Decisions shall not prohibit or have the effect of prohibiting the provision of personal wireless services o These governments must act on application requests within a reasonable period of time o Any decision to deny a request shall be in writing and supported by substantial evidence contained in a written record o The application request cannot be denied based on environmental impacts when the facilities comply with federal regulations o Decisions by state and local governments may be appealed to an appropriate court by anyone affected by the decision The Planning Commission should review the applicable section of the code in considering its decision on the AT&T request. OPTIONS FOR THE PLANNING COMMISSION The Planning Commission can recommend to the Council to: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. Option #2. The section that follows includes conditions that the Planning Commission may use or modify if it wishes to recommend approval of the request with conditions. The conditions include the revised landscape condition (#7) that the final landscape plan be consistent with the concept plan provided by the Planner, that it be signed by a registered landscape architect, and that it be approved by the City Administrator. Option #3. If after review of the application materials and supplemental information provided by the Applicant, the Planning Commission determines that it will recommend to deny the request, it must approve written findings for denial. Such findings could include the following: 1. The proposed tower location included in the original application is less than '/ mile from County Road 15A (Manning Trail). The ordinance requires that towers that are proposed within '/ mile of County Roads demonstrate through visual impact simulation that the tower will be visually inconspicuous as viewed from the road on a year-round basis. The application submitted on AT&T CUP Page 7 January 27, 2010 Scandia, Minnesota December 9, 2010 did not include visual simulations to adequately demonstrate that the tower would be inconspicuous when viewed from Manning Trail. 2. The Planning Commission requested that the Applicant demonstrate whether the proposed tower could be located to meet the required setback from Manning Trail, and provide a visual simulation of the alternative location. 3. The Applicant submitted additional information on January 25, 2011 showing an alternative tower location that is set back farther from Manning Trail. However, the proposed alternate location did not meet the '/ mile setback requirement, and the Applicant indicated that it is not possible to meet the setback requirement on this parcel. Since the alternative location was less than '/ mile from Manning Trail, it would need to meet the ordinance requirements that it be "visually inconspicuous when viewed from the roadway on a year-round basis." 4. The Applicant submitted visual simulations and revised landscape plans on January 25, 2011 that showed the screening proposed along Manning Trail for the original and alternative tower locations. 5. The Planning Commission reviewed the visual simulations provided by the Applicant at its meeting on February 1, 201 l. The Commission members determined that the proposed screening was not adequate to meet the ordinance requirement that the proposed tower be visually inconspicuous when viewed from Manning Trail. The full tower structure was visible when viewed from Manning Trail with the landscape screening proposed by the Applicant. PLANNING STAFF RECOMMENDATIONS: The Planner recommends approval of the Conditional Use Permit to allow for the AT&T Communications Monopole Tower, located at 23877 Manning Trail North. The Planner recommends the following conditions: 1. The final plans and specifications shall substantially comply with the preliminary plans and specifications dated November 15, 2010, and supplemental plans dated January 24, 2011 including the size, design, and location of the proposed tower and related facilities and the landscape plan. 2. 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 resfictive 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. 3. The structural design, mounting and installation of the tower and antennas shall be in compliance with manufacturer's specifications. Final plans shall be approved and certified by a registered professional engineer. 4. If this conditional use permit 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. - AT&T CUP Page 8 January 27, 2010 Scandia, Minnesota 5. The tower shall be painted a light grey or similar color that is as visually inconspicuous as possible. The equipment building shall be painted an earth-tone color that is inconspicuous from the roadway and surrounding properties. The proposed colors shall be reviewed and approved by the City Administrator. 6. The property owner shall preserve the existing vegetation that screens the tower from views from County 15A and adjacent residences. 7. The applicant shall submit final landscape plans for the site and for the tower compound that are consistent with the concept plans provided by the City Planner, dated January 26, 2011. The final landscape plan shall be signed by a registered landscape architect and shall be approved by the City Administrator. 8. The Applicant shall submit a financial guarantee for the required landscaping to the City as required by Chapter 1, Section 11.10 of the Development Code. 9. 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. 10. No advertising or identification signs shall be placed on the tower or antennas. I 1. The applicant shall conduct an annual inspection of the facilities to insure continuing compliance with the City's development code and this permit. 12. The applicant shall install and maintain a 6' chain link fence around the monopole and shelter structures, with a gate that is locked at all times. 13. The tower owners shall lease space to other users if requested so long as there is no disruption in the existing service provided by the tower's existing users and no negative structural impact on the tower. The City Council reserves the right to act as arbiter in determining if the tower owner is acting in good faith in leasing to other tenants. The tower shall be constructed to allow for the co- location of at least three additional antennas. 14. The applicant shall obtain insurance so that all antennas and towers are adequately insured to cover injury and property damage caused by collapse or other catastrophic failure, with companies and in amounts approved by the City. 15. 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QICQ�(N(f��,.1�� E W+1'bl'E Ofl'K�i �"^� a OG � 8'-fA'Do ��- �iilGy9Yl.MA'�L��f�-raqZ(�F�I'uln1� { !8 N�ut�A9't1 `�fhtc.�.[�(C.�'/i�B rEy) i I� � ot�C Qu�.eus a�.�) � z� ak�� (popu,wy7n�mu�or � . � js UNfK��'Puc� �P� G,rquGyt rlt�. ) ovEw,u. �w�scEwit�c Puw L �moaTN y�rn� (,�.h�`� C�uttr SCP1E 1"�2pp' o zao aoo mm.wcnw�w i.�� pTtT 541py�p�g/Jp . :PiUFiOIIiCNS fCft Vfaltm . TLL3.CO4W11[Y,gq�p�pp, PREPqREb BY: �� . �velo��ef � FORESf LAKE / ZONING DRAYVINGS ��P�MN�B �co ron zarao w `�np1see`;��•n�••�r"-�� SCANDIA, MN 55073 iats�aiz "`��"°"° '� A'��'n"'.," OVERALL LANDSCAPIN� PLAiV ^�� 2.2 �� d ebyU�api �045M�147H72X � G�� - �x�r►�� E.�/i� . � G!�D6bHbdD •5 W�t.p�Wt wl 2 Na�uJA�y Nu6 5 G!� ooD -�- , PLANI'SCHED,ULE _ �e�r.iro con°�oeason.�r . bi � �. COMMON NFME/ �g a��p�l� . �� t\w „� � ` r ~� � CRAY DOCfl00D � r_...,.��, arnva rocunosa 4'Hi, B'3 O.C. " '� ' i .ntal � � ��/ _.�-� . 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'• x.-,�, �:�: w t _��,. 7 -� r r • Scale:7:1E5,579 n � amies =i>- � � CITY OF SCANDIA CELL PHONE TOWER MAP Proposed Tower l ----------------------- ----- i�....� .,r-�'� -_- i �;,;.,� -i-----,� ,I L-L----_ �-i -------------� i— � _ - .� - '�, _-:-_ ,; y 3 , . u- ., � ' � i ' � Bor�e _� _I ' ' , � � • } . p , - i f , - -. ` �• / _I r` 54 � � !�i � , � I � : re , o _ I _, I �r` 'i Cell Phone Towers �Z � . i__ � _� � , � f` ��r= ,—� � �� .� Existing �. ' � —,�, i - r - I r ��rc �'�" F�7! c'a�cl, ,� � Proposed �-� � -- - " �'� i f � � � � , ' _� I'_ __ ; -; -: s8„� _�.__ '� Existin Towers Buffer 1 mile ., _ _ _ � 9 ( ) . . - , � . -- � �- , � � . !' -- '' � ' ��-'` � ' - -� ��,� Shoreland District �: — i , � - �- -- : ' � ' � ' r�-__ � - '` Parks and Saint Croix River District Buffer �_ . __ , � ' da ' "� I V I I ' � � ' i_ o.� // , _� �t, c,;,i, ! State and County Road Bufrer j- _ � � �' ' -- � � ! 0 Parcels Less than 5 Acres �i (ic')7 .,/ � ' i j -� � � !- —�o ; i � � i �� ]Agricutture Core and Preserve � I 'o � '� , i , /.." ', �� MIGMWA{'97 j i=�p protected Waters Inventory ID I �y �� i � � '� j i nr � � � � /. / �� i j I � Q 0.5 1 2 I � �-� !� _ ; , . •"� � `�-__� r� � , Miles i / / I �``�' _ +� j/ �,, / � � ,�, �� _'_ g i �. , ,, � ,1 ' ,� _ -�' a ;� �i i� , , r� ;� � . � � /� � � I ��CWNTYROAD � I �� ' � � +] � ��' �� ' � � l Data sources:Washington Counry. j / o y''f 1 D �� 1 ; ° � Mmnesota DepaAmenl of Natural i� a�� ' A' - ' Resources,Ciry of Scand�a � � '�i �' /� h e�� ' i S 'r,;rr � Parcel data % j �� + �sk // / t Map crealed by: TKDA � � //,., 7(lIV '�-"�'� / ��, �l .R ,� / � ��S�j j/' ! / � 1� nneaew.r.»��o�e.ru.+aemnR � � _ � �� Printed:January 27,2011 � �� j� \ B!g Marine �Q •� , , , �, ' � . S2p � I� � �,% /�.--- -------•-�, ;J''t ;;�. .. :� � � � , � - �J ; � � � sc�vr�rA � 1. � � .� '-'----�----�---•- ----•—•--------- � ---•-- —'---- � . J : FCC/LSGAC Local Official's Guide to RF APPENDIX C Text of 47 U.S.C. �332(c)(7) (7)PRESERVAT[ON OF LOCAL ZONING AUTHORI7'Y. (A) GENERAL AUTHORITY. Except as provided in this paragraph,nothing in this Act shall limit or aftect the authority of a State or local government or instrumentality thereof over decisions regarding tlie placeme�t, construction,aud modification of personal wireless se�vice facilities. (B) LIMITATIONS. (i) The regulation of the placement,construction,and modification of personal wireless service facilities by and State or local government or instrumentality thereof(I)shall not�nreasonably discriminate among providers of functiona[ly equivalent services; , and(II)shall not prohibit or have the effect of prohibiting the provision of personal wireless services. (ii) A State or local government or instrumentality thereof shall act on any request for au�horization to place,construct,or modify personal wireless sea•vice facilities within a reasonable period of time after the request is duly filed with such government or instrumentatity,taking into account the nature aiid scope of such request. (iii) Aay decision by a State or local government or instrumentality thereof to deny a request to place,construct,or modify personal wireless service facilities shalI be in writing and supported by substantial�vidence contained in a written record. (iv) No State or local government or instrumentality thereof may regulate the placement, construction,or modification of personal wireless service facilities on the basis of the environmental effects of radio fi•equency emissions to the extent that such facilities comply with the Comtnission's regulations concerning such emissions. (v) Any person adversely affected by any#inal action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may,within 30 days after such action or failure to act,commence an action in any court of competent jurisdiction. The court shall hear and decide such actiou on au expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv)may petition the Commission for relief. (C) DEF1N ITION S. For purposes or this paragraph (i) Yhe term"personai wireless services"means commercial mobile services, un(icensed wire(ess services,and co�nmon carrier wireless exchange access services; (ii) the term"personal wic-eless service facilities"means facilities for the provision of personaf wireless services;and (iii) tl�e tenn"unlicensed wireless service"means the offering of telecommunications service using duly authorized devices which do not require individual licenses, but dces not mea��the provision of direct-to-home satellite services(as defined in section 303(v)). ��"I � /� _ _._.,-_ . •,.��i, ...... r �� : : y� � ti'� ,\ :� � ,� ;:1� �� .� January 19, 2011 ��=�'c � ,..c - � .�.,c _ f . , James and Nancy Beimert 23877 Manning Trail Scandia, MN 55073 Dear Mr. &Mrs. Beimert: At their January 4, 2011 meeting,the Scandia Planning Commission held a public hearing on the request by AT&T/New Cingular Wireless for approval of a Conditional Use Permit (CUP) to allow the construction of a monopole cellular tower on your property at 23877 Manning Trail. As you may be aware, the Commission postponed action on the CUP application until their next meeting. They asked the proposer to submit some additional information, and they also asked that we ensure that you were aware of the recommenda.tions of the City Planner. If approved,the Conditional Use Permit will be recorded with Washington County and will obligate AT&T as well as you as the landowner. I am sending you a copy of the report that the Planning Commission received for the January 4 meeting. The Planning Commission will meet on Tuesday, February 1, 2011 at 7:00 p.m. in the Boazd Room at the Community Center, 14727 209�' St. N. I expect that there will be a supplemental staff report prepared for that meeting. We will mail a copy to you when it is sent to the Planning Commission on Friday, January 28. If you have questions, please feel free to contact me at 651 433-2274 or via e-mail at a.hurlburt�a,ci.scandia.mn.us. Sincerely, ��Qj%�� Anne Hurlburt City Administrator Enc. cc: Planning Commission and City Council City Plaivier Sherri Buss, TKDA ,, Steve Stulz, ARES Midwest � ? 1'7?7 209'�' St N . Scandi,�_ Minr.eso'� 5�073 Pi�cnc (6� I; =133 227� F<�� (G51; k33-�� ]2 l.tic�//��„�� ci sc�:ndia nul.us January 19, 2011 Dear Property Owner: At their January 4, 2011 meeting, the Scandia Planning Commission held a public hearing on a request by AT&T/New Cingular Wireless for approval of a Conditional Use Permit (CUP) to allow the construction of a monopole cellular tower at 23877 Manning Trail, Scandia, MN. A map showing the location is attached. At the hearing, it was discovered that property owners living outside of Washington County, but within the notification azea proyided by Scandia's Zoning Ordinance, had not received the public hearing notice. Scandia notifies property owners within one-quarter mile of the site of hearings on Conditional Use Permits. The Planning Commission postponed action on the CUP application until their next meeting. They asked the proposer to submit some additional information, and also asked that we notify the Chisago County land owners that the matter had been continued. You aze welcome to attend the Planning Commission meeting on Tuesday, February l, 2011 at 7:00 p.m. All city meetings are held in the Board Room at the Scandia Community Center, 14727 209�' St. N. If you have questions about this application, please feel free to contact the city office at 651 433-2274. Sincerely, L�� Anne Hurlburt City Administrator Enc. cc: Planning Commission and City Council ! • � � � Anne Huriburt From: aresmidwest@aol.com Sent: Tuesday, February 01, 2011 9:11 AM To: a.hurlburt@ci.scandia.mn.us Cc: sherri.buss@tkda.com Subject: AT&T Propsed Tower Attachments: 4050_001.pdf Anne & Sherri, Attached please find (12) support letters in favor of the proposed tower. Also, even though the Xcel power run location was out of our search area, out of respect for the Planning Commission, we did check with them and the do not allow collocation on the type of poles in this area (wooden or metal monopoles) and they will not allow a new pole within their ROW. If you need anything else, please let me know. Thanks again for all your help and hard work on this Application! Steve 612-+414-5013 i _ . � Please acce�t this as support fc�r a communicaticm tnwer on thc Beamert property alo»g Manning Trail North, in Scandia-MN. f....- '7 �� (name) �" .'.�Q r 'L D l I �C�BtC� �.3(�(./ /'j'I,e�n�:,� % /1� �qn�,a, I�/yS 5"�73 i Please ar,�;e�t this as supp�rt for a coznrnunication tower on the Ae►mert�mperty alo�g Manning Trail North,iat Scandia-MN. r ,� . ^! ej ) ��f �agte� �� l�0 2��-� S� �c�,��1 /f��l/ �SC�� Pieese accept this as su.ppox�fc�r a eommunicati�n tower c�n thc Bei.�.e�t pmperty along Manni�igTrail Noith,in Scandia-MN. . � (name) �"��`�� .t�ate) 7� �� a � .�,�,. s-�� f � . ...._. . . . . . . . Please accept tJ�is as supPort for a comrnunication tower c�n the Beimerc property along , Manning Tr.axl.North,in Scan.dia-MN. �.(a IQE.�v ��-- �(name) . � --�'` � � (date) ., ..+ � � r?�/�--- '�.�� - � � .�_ �� r � `�. � . �.��.,�.., ��. � Please acce�t this as su�port for a communicadon tower or the Beunert propc►-ty 11ong Mann�ng Trail N�rtk�, in Scandia-MN. �� ame) .�—�S ' l I � ate) . ��S�0 �'►-?�t.n n:h� �`�2. �. .�`�G�h�c�� Y�''In , SS 0�7 � Pleasc accept this�s s�PP��r��mmunicati�n tower on the�eimerk�raperty along � M��g'�'�rail North, in. Sca�ndia-MN. �,�narne) ' �� o ! c {date} ��y ,� � ` � 1?/ �c�— �y'''". S�a'� 3 . _ . , Plcase aee�t this as suppoct�or a eomm.unication tawer on t?xe Bei.�.xaert property along Nlanning Trai!North,i candia-MN. � � r (trame) /�-` �(date} Please pccept ttus as supp4rt for a cominunication tc�wer on the Beimert pro�rty along Manning Trail Narth,-in Scandia-MN. /'f�--- name) �'' � Q� {ciate) � 1 �� 4 .� . /� . �t�-� � �,,g � � � ot �9- ,� �,� �j°-� � � � � ease accept this as support for a com�mUnicati,ori towa'on the Beimert property along g �l Nortl�,in Scandia-MN. , • �, caat�> �c�.�=°�- �'� , � Please accept t3�is as support for a communicati�n tiower o��l�e T3eimert prnperty along Mar,ning Traa1 North, in Scandia-MN_ �;��(� �'� (�zarne) � 3p �� , ,�(date) t �a�t� a �o S� � SC�-� c�� O`� � ��' �� P)ease accept this as suppvrt for a con�xmuruica�ion tower on the Beimert�roperty along Mann�irag Tzail Nortb, in Scancfia-MN. �-, ��e) 1 � l l ��asc�� U°l��- 2'�� _ 5�� : : � Please Accept this as support for a communicataon tower on the Boimert properiy al�ng Iv�ax�ning'�'rail Noz�tb,in Scar�dia-MN. ' ,�-�...._._,..(namc) i --�� , )/�0 (da�e) i � !11 b Q ��1�0� S�- Sr.�.dl�; MN Sso�,� � _ _ _ � / ��.� "�-� d � � � � � r �. ; � � � ' � I » � � i � � I i 1 � I r�r�� ' Fy � � � I , w �� , � � �t'', r �• L �� + � � �"„ J � \� �� ' '��