HomeMy WebLinkAboutItem 8 - Wireless TowerPLANNING COMMISSION
DATE: 4/28/14
AGENDA ITEM: 4A – PUBLIC HEARING
CASE #2014-07
ITEM: Verizon Wireless Telecommunications Tower Conditional Use Permit
SUBMITTED BY: Kyle Klatt, Community Development Director
REVIEWED BY: Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc.
Nick Johnson, City Planner Rick Chase, Building Official
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a request from Faulk and Foster Real Estate,
Inc. (c/o Blake Conklin) on behalf of Verizon Wireless Communications for a Conditional Use Permit to install a new 125-foot telecommunications tower on the site of the Oakland Junior High
School in Lake Elmo. The proposed tower is the first new facility that has been submitted under the
new Wireless Communications Ordinance that was adopted in 2009. As per the ordinance, the City
has retained the services of a consulting engineer to review the plans for compliance with these requirements. With the recommendation from the City’s consulting engineer, Staff is recommending approval of the Conditional Use Permit request.
GENERAL INFORMATION
Applicant: Faulk and Foster Real Estate, Inc., 588 Three Mile Road NW, Suite 102, Grand
Rapids, MI; on behalf of Verizon Wireless Communications
Property Owners: Stillwater Area Public Schools, 1875 Greeley Street, Stillwater, MN (Dennis Bloom, Director of Operations)
Location: 820 Manning Avenue, Oakland Junior High School. PID Number
36.029.21.11.0002
Request: Conditional Use Permit – Wireless Communications Facility
Existing Land Use: Public School and Related Accessory Uses
Existing Zoning: PF – Public Facility
Surrounding Land Use: Manufactured Home Park, Agricultural Fields, Rural Residential
Surrounding Zoning: MDR – Medium Density Residential, RT – Rural Transitional, and RR – Rural Residential
Comprehensive Plan: Public/Park
Proposed Zoning: No Change
PUBLIC HEARING ITEM 4a – ACTION ITEM
2
History: Oakland Junior High School was constructed in the 1960’s and the site has served as
a junior high school for the Stillwater Area School District. The school serves
children in the Lake Elmo/Stillwater area in grades seven through nine. The School
has been expanded several times during its history, which has included ball fields, tennis courts, parking area, lighting, and other improvements.
Deadline for Action: Application Complete – 4/9/13
60 Day Deadline – 6/9/13
Extension Letter Mailed – No
120 Day Deadline – 8/9/13 Applicable Regulations: 150.110 – Wireless Communications Facilities
154.106 – Conditional Use Permits
REQUEST DETAILS
The City of Lake Elmo has received a request from Verizon Wireless Communications, represented by Faulk and Foster Real Estate, for a Conditional Use Permit to construct a new 125-foot high wireless communications tower and related antenna equipment on the site of the Oakland Junior
High School in Lake Elmo. The proposed tower would be located directly north of the school
building and at the western edge of the school’s northern parking lot. The tower site is located
approximately 550 feet from Manning Avenue and over 700 feet from the 10th Street right-of-way, and would be situated in the middle portion of the school’s property.
As part of its agreement with the Stillwater School District, the applicant would be leasing a 27 by 40
foot piece of land in the location described above. This space would provide room for the tower
itself and an accessory building to house the equipment necessary to serve the facility. The site plan also calls for the creation of a small infiltration basin adjacent to the leased property in order to handle the additional storm water runoff from the proposed impervious surfaces. Access to the site
would be gained via the existing parking area and connection to Manning Avenue.
The applicant has provided detailed drawings depicting the location of the tower and accessory equipment in addition to a statement concerning compliance with the City’s Wireless Communications Facility ordinance. Because this statement of compliance includes nearly all of the
text from the ordinance, Staff has not attached the City’s regulations as a separate document for
review by the Commission. Under the ordinance, the City may request assistance in reviewing the
tower proposal by a third-party expert, which was done in this case. The City has hired Garrett Lysiak of OWL Engineering, which is a communications consulting engineering firm, to review the proposal for compliance with the City’s requirements. The consultant’s report is attached to this
memorandum with his associated attachments and supporting documentation.
Please note that the consultant’s report states that the applicant’s written request and drawing details are in conflict with each other concerning the tower’s proposed height (the narrative noted a 125-foot tower while the drawings depicted a 130-foot tower). The applicant agreed to revise the drawings to
show a 125-foot tower, and the updated drawings are now reflected in the attached materials. This
change is important because the ordinance would have required further documentation to support the
additional height above 125 feet, which is the maximum height allowed across all of the City’s zoning districts without such documentation.
PUBLIC HEARING ITEM 4a – ACTION ITEM
3
BACKGROUND
The City of Lake Elmo updated its wireless communications ordinance in 2009 partially in response
to a request to build a new communications tower in a residential area. The revised ordinance was
intended to place a much higher burden on an applicant to demonstrate the need for a new tower
before the City would authorize the construction of any new facilities. In addition, the ordinance gives the City the ability to hire an outside expert knowledgeable in radio frequency engineering and communications services to review proposals for consistency with the City’s requirements. In this
case, the applicant has provided documentation concerning the need for the tower to fulfill gaps in
wireless coverage in this portion of the City, and has conducted an analysis of existing facilities in
the area to determine whether or not there is a suitable site near-by that could accommodate a new facility. Based on the applicant’s submissions and review by the City’s consultant, the applicant has
adequately address the need for a new facility.
One of the key provisions in the Wireless Communications Facility ordinance is a section that
establishes location requirements for new facilities, which also includes a site ranking analysis that must be observed. In order of preference, new facilities are encouraged to be located: 1) on existing towers, 2) on existing structures, 3) on existing buildings four stories or higher, 4) on utility poles
over 75 feet in height, 5) on public lands and facilities, and finally 6) on private property in the City.
The applicant has stated that options 1-4 are not feasible in this part of the City (and provided
documentation to support this claim), and therefore has chosen to work with the School District to build a facility on property that would be considered public property under the code.
The proposed tower location, located in roughly the middle of the School District site, would be
located over 600 feet from any existing or planned residential houses. It is also located in a portion
of the Oakland school property that is occupied by buildings, light poles, accessory equipment, and other facilities, but out of any traffic movement areas, parking stalls, or other activity areas. While the tower will be visible from Manning Avenue and 10th Street, views of the tower will be screened
from most sides by trees, buildings, or other obstructions.
The school district has worked with the applicant to site the tower in the least obtrusive portion of its property that also met the objectives and requirements of the City’s wireless tower regulations. The tower would be replacing an existing light standard, which would be added back to the tower as an
attachment the structure.
In accordance with the City Code, the tower has been designed to accommodate at least two
additional carriers via mounting locations lower on the tower structure. Because there could be two additional service providers using this tower, Staff is recommending that the equipment building be designed to accommodate the needs of future users in addition to Verizon Wireless.
PLANNING AND ZONING ISSUES
The City Code regulations concerning wireless communication facilities outline the requirements that
must be met by an applicant in order to construct a new tower within the City. As part of the present
applicant, the City’s wireless communications consultant has reviewed the application materials and the ordinance for compliance with these requirements. The applicant has also provided detailed
information, drawings, and diagrams to support the present request. The most significant issues that
need to be considered by the Planning Commission include the following:
PUBLIC HEARING ITEM 4a – ACTION ITEM
4
• Permit Requirements. A new wireless communications tower may only be allowed upon the issuance of a conditional use permit by the City. This type of request requires a public
hearing to be conducted by the Planning Commission.
• Proof of Need. The applicant is required to submit a coverage/interference analysis and capacity analysis that demonstrates the need for a new facility, in addition to other information as noted in the ordinance. This documentation and analysis has been reviewed
by the City’s consultant, and his opinion is that the applicant has met the threshold for
documenting the need for a new tower. The consultant’s report is attached to this
memorandum.
• Location Requirements and Site Ranking. As noted above, a new tower proposal must be
reviewed for compliance with the City’s site ranking requirements. Staff has determined that
the need for service cannot be accommodated with any of the first four site preferences from
the code. The applicant is placing the tower on public land, which is given preference over private property under the ordinance.
• Prohibited Areas. This section of the code prohibits towers from being located on smaller
residential parcels, within open space or conservation easements, within airport impact zones,
or in any open space preservation district. The proposed site does not fall within any of these
prohibited areas.
• Zoning Requirements. The wireless communications ordinance specifies a maximum tower
height and minimum area required for new facilities by zoning district. The proposal
complies with these requirements.
• Application and Review Procedures. An applicant for a new tower must submit specific information as required by this section of the code. Of these requirements, the applicant has
not presented a five-year plan for facilities in the community, and has not submitted a
landscape plan that provides screening from the accessory equipment building. Staff is not
recommending that either of these be required with the present application because Verizon is not planning for any additional facilities in the community at this time, and because the
proposed site is located in the middle of existing accessory buildings and equipment that
otherwise are not required to be screened under the City Code.
• Expert Review. The report from Garrett Lysiak is attached to this memorandum. Mr. Lysiak will be in attendance at the Planning Commission meeting and will be able to address
questions from the Planning Commission or public at this time.
• Tower Standards. Under this section of the code, and applicant is required to address the
design of the structure, adverse effects on adjacent properties, setbacks, height, lighting, landscaping, accessory buildings, and other requirements. Specific comments concerning some of these items are as follows:
o Design. The proposed monopole design is required under the code, and will be
constructed using a Cor-Ten weathering steel. This type of finish will take on a brownish color after a short period of time, which in Staff’s opinion is preferable to a lighter blue or white color sometimes used for these facilities. A camouflage-type
PUBLIC HEARING ITEM 4a – ACTION ITEM
5
design does not appear appropriate for this site given the lack of larger trees or other
structures in the vicinity of the proposed tower.
o Adverse Effects. Although the tower will be visible to adjacent properties, it is located in the middle of the school district property and situated well away from any existing residential neighborhoods. There are other structures in this areas, including
power poles, the Cimarron water tower, and light standards for the school ball fields
that are already visible from surrounding properties.
o Landscaping. Although noted as part of the code, Staff is not recommending that
landscaping be provided around the proposed site since it is located a fair distance
from any adjacent properties. Because the tower is located on school district
property, the school district should be able to make decisions about where screening or plantings would be appropriate around the applicant’s site.
• Wireless Communications Tower Agreement. The applicant will need to enter into an
agreement with the City concerning the proposed tower consistent with this section of the
code. This agreement will be required before construction may begin.
• Minimum Conditions. The City Code includes several conditions as listed in the code that
must be met by the applicant. Staff is recommending that these conditions be referenced as
part of the Planning Commission recommendation to the City Council.
REVIEW AND ANALYSIS
Staff is recommending that the Planning Commission recommend approval of the request for a
conditional use permit to allow the construction of a new Verizon Wireless communications tower on the Oakland Junior High School property. The applicant has provided appropriate documentation
that the proposed site is needed to provide adequate wireless communications service in the City, and
has also documented that there are no other suitable alternatives to provide this coverage either on an
existing facility or as part of another tower in the area. The location on school district property is preferred to a private site in accordance with wireless communications ordinance, and the proposed tower site is situated on a central portion of the school site and away from any existing or future
residential subdivisions.
The proposed use will be subject to the recently revised required findings for conditional uses, which include the following:
1) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
2) The use or development conforms to the City of Lake Elmo Comprehensive Plan.
3) The use or development is compatible with the existing neighborhood.
4) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter.
5) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management).
PUBLIC HEARING ITEM 4a – ACTION ITEM
6
6) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area.
7) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses.
8) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
9) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
10) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
11) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
12) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance.
In reviewing this list, Staff finds that the applicant will be able to comply with the required findings
in order to issue a conditional use permit. Please note that the Staff recommendation includes the
following conditions of approval:
1) The applicant shall enter into a wireless communications tower agreement with the City prior to the issuance of a building permit for the proposed facility.
2) The applicant shall abide by the minimum conditions as listed in Section 150.123 of the Lake
Elmo City Code concerning wireless communications facilities.
3) All lighting associated with the facility shall comply with the City’s lighting ordinance.
4) The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower.
DRAFT FINDINGS
The Planning Commission should review the application for consistency with the Conditional Use
Permit findings listed above and with the requirements of the Wireless Communication Ordinance.
RECCOMENDATION:
Staff is recommending that the Planning Commission recommend approval of request from Faulk and Foster Real Estate, Inc. (c/o Blake Conklin) on behalf of Verizon Wireless Communications for a Conditional Use Permit to install a new 125-foot telecommunications tower on the site of the
Oakland Junior High School in Lake Elmo. This recommendation includes the following conditions
of approval:
PUBLIC HEARING ITEM 4a – ACTION ITEM
7
1) The applicant shall enter into a wireless communications tower agreement with the City prior
to the issuance of a building permit for the proposed facility.
2) The applicant shall abide by the minimum conditions as listed in Section 150.123 of the Lake
Elmo City Code concerning wireless communications facilities.
3) All lighting associated with the facility shall comply with the City’s lighting ordinance.
4) The applicant shall design the accessory equipment building to accommodate any additional
equipment that may be needed by additional carriers on the tower.
Suggested motion:
“Move to recommend approval of the request by Verizon Wireless Communications for a Conditional Use Permit to construct a new 125-foot high wireless communications tower and
related antenna equipment on the site of the Oakland Junior High School in Lake Elmo
ATTACHMENTS:
1. Report from OWL Engineering (Garrett Lysiak) with Attachments
2. Application Form
3. Legal Description
4. Application Narrative and Ordinance Review 5. Verizon Coverage Maps 6. Tower Photo Simulations
7. Co-Location Statement from Certified Engineer
8. Verizon PCS Broadband License Information
9. Letter of Authorization – Stillwater School District 10. Interference Letter from Verizon Wireless
11. Search Area Map
12. Detailed Plans and Specifications – Proposed Verizon Tower and Antenna
ORDER OF BUSINESS:
- Introduction ....................................................... Community Development Director
- Report by Staff .................................................. Community Development Director
- Questions from the Commission ............................ Chair & Commission Members
- Open the Public Hearing .................................................................................. Chair
- Close the Public Hearing .................................................................................. Chair
- Discussion by the Commission .............................. Chair & Commission Members
- Action by the Commission ..................................... Chair & Commission Members
PUBLIC HEARING ITEM 4a – ACTION ITEM