HomeMy WebLinkAbout5A Scott Cty Radio CUP
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
INTRODUCTION:
PLANNING REPORT
5A
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW AN ANTENNA OVER 15
FEET IN HEIGHT IN A RESIDENTIAL ZONING
DISTRICT
DANETTE WALTHERS-MOORE, COMMUNITY
DEVELOPMENT AND NATURAL RESOUCES
DIRECTOR
..lLYES _NO-N/A
EP08-115
MAY 27,2008
Scott County has applied for a Conditional Use Permit to allow for additional
height on proposed 800 Megahertz (MHz) antennas to be placed on the water
tower located at 4741 Tower Street. The property is located within the R-4 (High
Density Residential) Zoning District and is guided R-HD (Urban High Density
Residential) on the Comprehensive Land Use Plan Map.
Antennas are a permitted use in all Zoning Districts. According to Section
1110.503 of the City Code, subject to approval of a CUP, an antenna height may
exceed 25 feet above the height of the structure. If the antenna height did not
exceed 15 feet above the height of the structure, only a building permit would be
necessary. The applicant is requesting the ability to erect three (3) stick
antennas and one (1) microwave antenna. The maximum height for any of the
antennas will be 20 ft 4 inches above the height of the water tower.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site is just less than one acre in size.
Adiacent Existina Uses: The site is bordered by parcels zoned R-3 (Medium
Density R~sidential) and R-4 (High Density Residential), and guided R-LD
(Urban Low Density) and R-MD (Urban Medium Density) on the 2030
Comprehensive Land Use Plan Map.
1:\08 files\08 cup's\scott county radio\pc report. doc 'ty f . 1 k
WWW.Clopnorae.com
Phone 952.447.9800 / Fax 952.447.4245
ANALYSIS:
According to the Scott County 2030 Comprehensive Plan Update, in 2002, a
metro-wide radio system was established connecting all public safety, public
works, and transit departments to allow "interoperability" as well as meet new
federal requirements. The Minnesota Department of Public Safety (DPS) and
Department of Transportation (MnDOT) initiated the system build-out and
installed two radio sites on existing towers in Scott County. Metro-wide, cities
and counties have been moving onto the 800 MHz system based on
communication needs and their ability to fund necessary improvements.
Recently the City of Prior Lake has received updated radios compatible for 800
MHz to be utilized by the Fire and Police Departments as well as Public Works
staff .
Scott County has been working to install additional radio sites to increase the
local system's capacity and assure adequate coverage. The 800 MHz
communication system is based on a network of radio towers and is meant to
improve and increase communication capabilities between public safety
departments, greatly enhancing the quality of public safety for residents.
If the applicant was to construct an antenna of 15 feet or less above the height of
the tower, the applicant would only be required to obtain a building permit.
However, the applicant has indicated that the additional 5.4 feet are necessary to
accommodate the essential antenna components for adequate reception.
The applicant has provided plans reflecting the need for a 360 square foot
(12x30) equipment building. The building request is consistent with other
requests made by cellular and tower companies currently located on the water
tower site. The applicant proposes a brick faCfade on the equipment building, as
has been required for other recent equipment buildings constructed in the City.
The plans will need to be modified to add landscaping around the base of the
structure to provide adequate screening.
CONDITIONAL USE PERMIT FINDINGS:
Section 1108.200 of the City Code sets forth the general criteria utilized to review
a CUP application.
(1) The use is consistent with and supportive of the goals and policies of
the Comprehensive Plan.
One of the objectives of the Comprehensive Plan is to "maintain orderly
development of and access to utilities" and to "keep abreast of developments
in communications and information technology and potential impacts on City
development." This proposal is consistent with the goals, objectives, and
policies of the Comprehensive Plan in that it provides a location for improved
technology.
1:\08 files\08 cup's\scott county radio\pc report.doc
2
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
The use will not be detrimental to the health, safety, and general welfare of
the community as a whole. In fact, if approved, the antennas would provide
for increased safety to the community.
(3) The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is located.
Antennas are a permitted use the Residential Zoning Districts. According to
Section 1110.503 of the City Code.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements, which are either existing or proposed.
The proposed use will not have undue adverse impacts on governmental
facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment
of properties in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity. The stick and microwave antennas are thin and
lend themselves to not standing out visually to uses in close proximity.
The plans will need to be revised to provide adequate screening around the
base of the equipment building.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of
Minnesota, approved by the Planning Commission and incorporated as
part of the conditions imposed on the use by the Planning Commission.
Landscaping will be required around the base of the equipment building.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota which
illustrate locations of city water, city sewer, fire hydrants, manholes,
power, telephone and cable lines, natural gas mains, and other service
facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
The plans have been prepared by a registered engineer.
(8) The use is subject to such other additional conditions which the
Planning Commission may find necessary to protect the general
welfare, public safety and neighborhood character. Such additional
conditions may be imposed in those situations where the other
dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives
contained in subsection 1108.202. In these circumstances, the Planning
1:\08 files\08 cup's\scott county radio\pc report.doc
3
Commission may impose restrictions and conditions on the CUP which
are more stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional conditions
shall be set forth in the CUP approved by the Planning Commission.
The Planning Commission may revise the recommended conditions or attach
additional conditions as they deem appropriate to protect the general welfare,
public safety, and neighborhood character.
CONCLUSION
The proposed heights of the antennas are allowed in the district, with approval of
a conditional use permit. In order to meet the above-listed criteria, City Staff
recommends the following conditions:
1. The applicant must receive a building permit prior to any construction on the
site.
2. The applicant shall revise the plans to incorporate landscaping around the
base of the equipment building to provide enhanced screening.
3. Once the City's consultant completes the review of the proposed engineering
plans, the applicant shall make any necessary corrections to the plan.
ALTERNATIVES:
1. Recommend approval of the CUP with conditions as recommended or any
other conditions the Planning Commission feels are warranted.
2. Recommend denial of the CUP. In this case, the Planning Commission
should be specific about findings of fact.
3. Continue the request to a specific date and direct the applicant to provide the
necessary additional information.
RECOMMENDATION:
City Staff recommends approval of the CUP subject to the listed conditions.
ACTIONS REQUIRED:
A motion and second to recommend approval of a Conditional Use Permit to
allow 20.4 foot antennas on the water tower located at 4741 Tower Street.
ATTACHMENTS
Resolution
Location Map
Plan Sheets
1:\08 files\08 cup's\scott county radio\pc report.doc
4
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08.06PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR ADDITIONAL HIEGHT OF PROPOSED 800 MHz
ANTENNAS ON A TOWER IN THE R.4 (BUSINESS PARK) ZONING DISTRICT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on May 27, 2008, to consider an
application from Scott County for a Conditional Use Permit (CUP) to allow for additional height of
proposed 800 MHz antennas on a tower; and
Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior
Lake Ordinances; and
The Planning Commission proceeded to hear all persons interested in this CUP and persons
interested were afforded the opportunity to present their views and objections related to the CUP; and
The Planning Commission approved the CUP with specific conditions; and
The Planning Commission finds the proposed CUP is compatible with the stated purposes and intent
of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning
Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein.
2. The Planning Commission hereby adopts the following findings:
Section 1108.200 of the City Code sets forth the aeneral criteria utilized to review a CUP application.
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan.
One of the objectives of the Comprehensive Plan is to "maintain orderly development of and access to utilities" and to
"keep abreast of developments in communications and information technology and potential impacts on City development."
This proposal is consistent with the goals, objectives, and policies of the Comprehensive Plan in that it provides a location
for improved technology.
(2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole.
The use will not be detrimental to the health, safety, and general welfare of the community as a whole. In fact, if approved,
the antennas would provide for increased safety to the community.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the
Conditional Use is located.
Antennas are a permitted use the Residential Zoning Districts. According to Section 1110.503 of the City Code.
www.cityofpriorlake.com
Page 1
L:\08 FILES\08 CUP'S\Scott County Radio\resolution.doc
Phone 952.447.9800 / Fax 952.447.4245
(4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are
either existing or proposed.
The proposed use will not have undue adverse impacts on governmental facilities.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the
conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. The stick and
microwave antennas are thin and lend themselves to not standing out visually to uses in close proximity.
The plans will need to be revised to provide adequate screening around the base of the equipment building.
(6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the
direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by
the Planning Commission and incorporated as part of the conditions imposed on the use by the Planning
Commission.
Landscaping will be required around the base of the equipment building.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of
Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable
lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth
in the CUP approved by the City Council.
The plans have been prepared by a registered engineer.
(8) The use is subject to such other additional conditions which the Planning Commission may find necessary to
protect the general welfare, public safety and neighborhood character. Such additional conditions may be
imposed in those situations where the other dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In
these circumstances, the Planning Commission may impose restrictions and conditions on the CUP which are
more stringent than those set forth in the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the CUP approved by the Planning Commission.
The Planning Commission may revise the recommended conditions or attach additional conditions as they deem
appropriate to protect the general welfare, public safety, and neighborhood character.
The Conditional Use Permit is hereby approved on the property legally described as follows:
That part of the West % of the Southeast % Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Beginning at a point on the East line of said West % of the Southeast % distant 440 feet Northerly of the Southeast
corner thereof; thence Westerly parallel to the South line of said West % of Southeast % a distance of 180 feet;
thence Northerly parallel to said East line a distance of 240 feet; thence Easterly parallel to said South line a
distance of 180 feet to the East line of said West %; thence Southerly along said East line to the point of beginning.
TOGETHER WITH an easement for ingress and egress over the following two described strips of land: A strip of
land 60 feet in width the center line of the West % of the Southeast % distant 410 feet Northerly of the Southeast
corner of said West % of Southeast %; thence Westerly parallel to the South line of said West % of Southeast % to
the intersection with a line parallel with and distant 850 feet Westerly of the East line of said West1/2 of Southeast
% and there terminating said 60 foot strip; thence continuing with a strip of land 50 feet in width the center line of
which is described as follows: Beginning at the above described termination point of 60 strip; thence Northerly
parallel to the East line of said West % of Southeast quarter a distance of 1157.6 feet to the Southerly right of way
line of State Trunk Highway No. 13 and there terminating.
L:\08 FILES\08 CUP'S\Scott County Radio\resolution.doc
Page 2
The Conditional Use Permit is hereby approved subject to the following conditions:
1. The applicant must receive a building permit prior to any construction on the site.
2. The applicant shall revise the plans to incorporate landscaping around the base of the equipment building to provide
enhanced screening.
3. Once the City's consultant completes the review of the proposed engineering plans, the applicant shall make any
necessary corrections to the plan.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants an amended Conditional Use Permit to allow
for additional height of proposed 800 MHz antennas on a tower. The contents of Planning Case Files # EP08-115 are hereby
entered into and made a part of the public record and the record of the decision for this case.
Passed and adopted this 27th day of May, 2008.
Vaughn Lemke, Commission Chair
ATTEST:
Danette Walthers-Moore, Community Development & Natural Resources Director
L:\08 FILES\08 CUP'S\Scott County Radio\resolution.doc
Page 3
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Page 1 of 1
4741 Tower Street - CUP Application
512)
Disclaimer: This information is to be used for reference purposes only. Scott County does
not guarantee accuracy of the material contained herein and is not responsible for misuse
or misinterpretation. Surveyor information is updated daily and the data for this application
is updated weekly. For current information contact the Scott County Surveyors Office. The
preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21
(2000), and the user of this map acknowledges that the County shall not be liable for any
damages, and expressly waives all claims, and agrees to defend, indemnify, and hold
harmless the County from any and all claims brought by User, its employees or agents, or
third parties which arise out of the user's access or use of data provided.
Map Scale
1 inch = 512 feet
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