HomeMy WebLinkAbout04-169
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION 04-169
APPROVING THE CONDITIONAL USE PERMIT TO ALLOW AN ANTENNA TOWER TO BE
LOCATED WITHIN THE MINIMUM SETBACK AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN THE CIVIL DEFENSE TOWER ANTENNA AGREEMENT
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: LEMAIR
SECOND BY: BLOMBERG
The Prior Lake Planning Commission conducted a public hearing on October 25,
2004, to consider an application from Verizon Wireless to approve a Conditional
Use Permit to allow an antenna tower to be located within the minimum setback on
property located at 14998 Wilds Parkway; 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 the antenna tower; and
The Planning Commission recommended the City Council approve the CUP with
specific conditions; and
The City Council considered the CUP application for an antenna tower at its regular
meeting on November 15, 2004; and
The City Council finds the CUP for an antenna tower in harmony with both existing
and proposed development in the area surrounding the project; and
The City Council 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 City Council hereby adopts the following findings:
a. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
Two of the objectives of the Comprehensive Plan are to "maintain orderly development of and
access to utilities" and to "keep abreast of developments in communications and information
R\RESOLUTI\PLANRES\2004\04-169.DOC
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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.
Another objective of the Comprehensive Plan is to "enact and maintain policies and
ordinances to ensure the public safety, health and welfare." The proposed antenna will
continue to be used for the civil defense siren.
b. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
The uses will not be detrimental to the health, safety, and general welfare of the community
as a whole.
c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
One purpose of Section 1110 of the Zoning Ordinance is to "maximize the use of existing and
approved towers and buildings to accommodate new wireless telecommunication antennas in
order to reduce the number of new towers necessary to serve the community." The proposed
use is consistent with this goal.
d. 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 over burden municipal facilities.
e. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
The location of the proposed tower is more than 100' from the road, and is screened on the
north by the existing garage, and on the south by the existing mature trees. While the tower
will be higher than the existing trees, the greatest impact, at the base, will be screened from
the adjacent residences.
f. 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.
No additional landscaping is required.
g. 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 an architect. Prior to construction, the applicant will be
required to submit signed plans.
h. 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
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Page 2
QUIT CLAIM DEED Form No. 31-M
Corporation, Partnership or Limited
Liability Company to Corporation,
Partnership or Limited Liability Company (Top 3 Inches Reserved for Recording Data)
DEED TAX DUE: $
Date:
FOR VALUABLE CONSIDERATION, Restan, L.L.C.
Minnesota Uniform
Conveyancing Blanks (1115/97)
a limited liability corporation under the laws of Minnesota
Grantor, hereby conveys and quitclaims to the City of Prior Lake, Minnesota
Grantee, a Minnesota municipal corporation under the laws of Minnesota
real property in Scott County, Minnesota, described as follows:
A perpetual easement over, on, under and across the real property in Scott County, Minnesota, legally described on Exhibit A attached hereto and made a part hereof.
Such easement is hereby granted for the purposes of constructing and maintaining a Public Service, Civil Defense Sirenrrelecommunications Tower ("Tower") within
the easement area as described on said Exhibit "A", which Tower shall be con I in accordance with the terms and conditions as more particularly described on
Exhibits "8" and "8 I" attached hereto and made a part here
Checlybox if applicable:
[?"The Seller certifies that the S
o A well disclosure certificate
o I am familiar with the propert
property have not changed sin
signs, a permanent perpetual non-exclusive easement for ingress and egress
rder to access the property described on the aforementioned Exhibit "A".
Grantor hereby further grants, conveys a
over, on and across Lot I, Block 7, The
This deed is given for less than $500 consl
together with all heredItaments
he described real property.
Affix Deed Tax Stamp Here
ent and I certify that the status and number of wells on the described real
.. . previously filed well disclosure certificate.
Rest~'L'C'~
BygC~'-
Its~:/? <- ''-/ / #J~~ .
By
Its
J
::~:T~o:JNN/fiJ15e
~Wst"'ment w",: ':)kn~~ ed before me on
by /;C1<)1 / 0/\ ~~_fLV\
the (. /J. --- 4:.~j; 1 ~/ · 7- ~
of _ -=:~.:2~"" ~ C , a
under the laws of / i-l, 1 L /Ji?f t!7 ti , on behalf 0
NOTARIAL STAMP OR SEAL (O,~q1I:I~~ TITLE OR RANK) (
8'\Jt JAMES M. MOELLER \
Cr3 - ". NOTARY PUBLIC.. MINNESO::c.1 t ,>':
~__" My Comm. EltJt. Jan. 31..:::. /
.; _1JWl 11I-- -.. ,:
:
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(Date)
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and
and
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SIGN'" "UifE OF NOTARY PUBLIC OR OTHER OFFICIAL
i
Chec~)'lere if part or all of the land is Registered (Torrens) 0
-'fax Statements for the real property described in this instnunent
should be sent to (include name and address of Grantee):
Halleland Lewis Nilan Sipkins & Johnson
600 U .S.., Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402-4501
._";..,'"..-.-..--.~~,,.... "'~-"'~'----"-""~"""'~"-"'."'--~"-'~"'''''~-~~'-<'--'-'.~~~.-.--.,,,- ~,""",."~,""""-"",-,~,~""",,,"._~,",,"."'----',;~--~-,,.",,~-,,,,..,,~,,,.,~"....._....._",_._",
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Exhibit "A"
An easement over, under and across that part of Lot 1, Block 7, THE WILDS, according to the
recorded plat thereof, Scott County, Minnesota, described as commencing at the southwest
corner of said Lot 1; thence North 89 degrees 26 minutes 05 seconds East, assumed bearing,
along the south line of said Lot 1 a distance of 144.99 feet; thence North 00 degrees 33
minutes 55 seconds West a distance of 1 0.00 feet to the point of beginning of the easement
to be described; thence on a bearing of North a distance of 13.77 feet; thence North 89
degrees 34 minutes 16 seconds East a distance of 11.39 feet; thence on a bearing of South a
distance of 13.74 feet; thence South 89 degrees 26 minutes 05 seconds West a distance of
11.39 feet to the point of beginning.
ON: 233612
~ 10 0 NSION
WI ACCOMODATlON FOR SIREN
& VERIZON WIRELESS ANTENNA
-0 ~~ ~~LFUTURE SIREN r-'-1'~-1 . RELOCATION
~ 76' AGL ::: ' : RELOCATED EMERGENCY
V TOP OF FUTURE TOWER ~ ;~...: SIREN BY OTHERS
a. 75' AGL ~ :r~,=m===I===~11=J=.J"f!
"V TIP OF FUTURE ANTENNAS :~: \~~~=..~;~..u~~~ .:
, :~:___J1.~_"~"_~~1 ___:,:
o fl~ ~~LSIREN :i:--------f:.~--- ---;"
I~'
~ 66' AGL ~
~ 65' AGL V TOP OF TOWERr-
~ TIP OF ANTENNAS
~ 60'9" AGL
V PLA TFORM MOUNT
Exhibit "B"
~ 55' AGL
FUTURE ANTENNAS
Page 1 of 1
LIGHTNING ROD
(2) 8' ANTENNAS & (2) 4'
ANTENNAS & 1 FUTURE 8' ANT
PER SECTOR, (15) TOTAL
f~==n :t n=/ir FUTURE PROVIDER
" '-:, . 'V '~ N P TO
I~ ~===~ ~ =r= ~ .====~.., MOUNTS A D U
I : : I , :: : I 12 ANTENNAS
I I I I , ,I ,I
: : :: IJ :: : :
1_' 1-1; 1_' I_I
f~;r~ ~E n~7f1 ~FUTURE PROV1DER
I~ ~::::. ~ :;: ~ ~:::~ y MOUNTS AND UP TO
: : ::.: : : I 12 AN TENNAS
I I I' II It
:: :: 0 :: ::
.-' 1_'. ~ GALVANIZED MONOPOLE
WATER DEPT METERING ANTENNA
SOLAR PANEL & TRANSMITTING/
BATTERY BOX RELOCATED BY
OTHERS @ 22' AGL
SIREN ANTENNA MOUNTED @ 20'
(3) ACCESS PORTS @ 9'0" AGL
o 45' AGL
FUTURE ANTENNAS
SIREN TO BE RELOCATED BY:
BOB SCHilLER, RT ELECTRIC
612.282.4840
WA TER METERING EQUIPMENT TO
BE RELOCATED BY WATER DEPT.
COORDINATE WITH CRAIG ElDRID
952.292.2083
0988.3' AMSL
GRADE
1" THREADED HUB,
(1/2 COUPLING) @ 20' AGl
3/4" HEX NUT THRU POLE
@5'AGLAND 10' AG~ ;.
(2) 1" THREADED ~
HUBS @ 7' AGl: []
(2) 3/4- PVC CONDUI
GRAPHIC SCALE
~
o 10'
201
Exhibit "Bl"
City of Prior Lake, Minnesota
Public Service, Civil Defense
Siren/Telecommunications Tower
1. The Tower shall be engineered and designed for the Civil Defense Siren and other public
service uses for the needs of V erizon Wireless, and its successors and assigns, and an
additional three telecommunications carriers.
2. The Tower shall be constructed to a height of seventy (70) feet from the point of contact
with the ground to the highest point on the Civil Defense Siren, with the footings and
structural capacity of the Tower to be constructed such that an additional ten (10) feet of
structure may be added to the Tower at any time after initial construction, subject to
written approval by Grantee.
3. Verizon Wireless shall be limited to twelve (12) antennas on the Civil Defense Siren/
Telecommunications Tower.
4. Grantee shall have the exclusive and absolute right to modify, change, expand, or
otherwise alter the Civil Defense Siren/Telecommunications Tower subsequent to its
initial construction, subject only to the terms and conditions expressed herein, provided
however that there exists no obligation on the part of Grantee to extend in the future the
height of the Tower as hereinafter provided for.
DN: 236659