HomeMy WebLinkAbout5C T-Mobile CUP
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
PREPARED BY:
PUBLIC HEARING:
CASE FILE #:
DATE:
5C
PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
PERMIT TO ALLOW A COMMUNICATIONS TOWER WITH
A REDUCED SETBACK IN RELATION TO A PUBLIC
STREET
JEFF MATZKE, PLANNER
-1L,YES _NO-N/A
EP08-129
JULY 14, 2008
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
FMHC on behalf of T-Mobile has applied for a Conditional Use Permit to allow for a
communications tower with a reduced setback in relation to a public street. The
proposed tower is located at the Willows Park in the R-1 (Low Density Residential)
Zoning District.
According to Section 1110.600 of the Zoning Ordinance:
Upon approval of a Conditional Use Permit, a tower's setback may be reduced or
its location in relation to a public street varied to allow the integration of a tower
into an existing or proposed structure ~uch as a church steeple, light pole, power
line support device, or similar structure.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total size of the Willows Park is 2.8 acres.
Adiacent ExistinQ Uses: The site is bordered by parcels zoned R-1 (Low Density
Residential) and guided R-LD (Urban Low Density) on the 2030 Comprehensive Land
Use Plan Map.
ANALYSIS:
The existing electric power pole on site near the corner of 170th Street and Elm Street is
35 feet in height. A portable toilet is enclosed within a fence adjacent to the power pole.
The applicant is proposing to replace the existing electric pole with a 45 foot monopole
communications tower which will hold antennas in addition to security lighting for the
small parking area below. The 45 foot tower is located 25 feet from Elm Street thereby
requiring a CUP for the street setback reduction below 45 feet.
Because Willows Park is a small neighborhood park with multiple residential properties
nearby the City has been working with the applicant to place the communications tower
and equipment in a way that is discrete with little impact to the park setting. As
1:\08 files\08 cup's\t-mobile tower\pc report.doc___u .ty f . I k
WWW.clopnorae.com
Phone 952.447.9800 / Fax 952.447.4245
identified in the attached rendering and plans, the pole will be approximately 24" in
diameter and treated with a maintenance-free coating to match the "cinnamon" color of
the current fencing and structures in the park. The existing fencing around the portable
toilets will be replaced and additional fencing will be placed around the tower ground
equipment area.
In addition to the installation of the monopole, T-Mobile has agreed to replace the
wooden baseball field light pole located in the northeast corner of Willows Park. The
replacement pole will be of steel construction with a general purpose flood light to match
the similar pole design in other City parks. Also, the existing overhead power line
running between the proposed tower and the electric light pole will be buried
underground.
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.
(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. The tower will utilize the location of an existing power pole.
(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.
Communication towers and 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 tower and antennas have a low profile and the
equipment will be screened by fencing.
(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
1:\08 files\08 cup's\t-mobile tower\pc report.doc
2
Planning Commission and incorporated as part of the conditions imposed on
the use by the Planning Commission.
The tower will be colored in a subtle, brown tone and the equipment will be screened
with fencing to match the existing fencing on site.
(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.
CONCLUSION
The tower is allowed with a reduced street setback 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 provide screening for the equipment stand on the west side of
the fenced enclosure.
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.
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3
ACTIONS REQUIRED:
A motion and second to recommend approval of a Conditional Use Permit to allow a
communications tower with a reduced setback in relation to a public street.
ATTACHMENTS
Resolution
Location Map
Plan Sheets
1:\08 files\08 cup's\t-mobile tower\pc report.doc
4
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 08.11 PC
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNICATIONS TOWER WITH A REDUCED SETBACK IN
RELATION TO A PUBLIC STREET
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY:
SECOND BY:
The Prior Lake Planning Commission conducted a public hearing on July 14, 2008, to consider an
application from FMHC for a Conditional Use Permit (CUP) to allow a communications tower with a
reduced setback in relation to a public street; 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 Qeneral 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.
Communication towers and antennas are a permitted use the Residential Zoning Districts according to Section 1110.503 of
the City Code.
L:\08 FILES\08 CUP'S\T-Mobile Tower\resolution.doc
www.cityofpriorlake.com
Page 1
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 govemmental 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 tower and
antennas have a low profile and the equipment will be screened by fencing.
(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.
The tower will be colored in a subtle, brown tone and the equipment will be screened with fencing to match the existing
fencing on site.
(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:
Park, Willows 3rd Addition, Scott County, Minnesota.
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 provide screening for the equipment stand on the west side of the fenced enclosure.
CONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow for a
communications tower with a reduced setback in relation to a public street. The contents of Planning Case Files # EP08-129
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 14th day of July, 2008.
Vaughn Lemke, Commission Chair
ATTEST:
Danette Walthers-Moore, Community Development & Natural Resources Director
L:\08 FILES\08 CUP'S\T-Mobile Tower\resolution.doc
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preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, 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.
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