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HomeMy WebLinkAbout#22 - Verizon Monopole CUPPUBLIC HEARING ITEM 4a – ACTION ITEM STAFF REPORT DATE: 7/17/2018 AGENDA ITEM: 22 TO: City Council FROM: Emily Becker, Planning Director ITEM: Verizon Wireless Telecommunications Tower Conditional Use Permit – 11351 Upper 33rd St N REVIEWED BY: Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc. Jack Griffin, City Engineer Kristina Handt, City Administrator BACKGROUND: The Council is being asked to consider a request from Verizon Wireless Communications for a Conditional Use Permit to install a new 125-foot telecommunications tower with a nine-foot lightning rod on the property located at 11351 Upper 33rd Street North. The proposed tower is the second facility that has been submitted under the 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 and variance requests. GENERAL INFORMATION: Applicant: Verizon Wireless, 10801 Bush Lake Rd, Bloomington, MN 55438 Property Owners: City of Lake Elmo Location: 11351 Upper 33rd Street North (PID# 13.029.21.31.0018) Request: Conditional Use Permit – Wireless Communications Facility Existing Land Use: Stormwater Pond, Wooded Area Existing Zoning: PF – Public Facility Surrounding Land Use: East: Northern Natural Gas parcel (vacant) PF – Public Facilities, West: Single Family Residential; South: Reid Park (PF – Public Facilities); North Comprehensive Plan: Public/Park Proposed Zoning: No Change History: The property was previously vacant land and was bought by the City Deadline for Action: Application Complete – 6/4/2018 2 60 Day Deadline – 08/03/2018 Extension Letter Mailed – No 120 Day Deadline – N/A Applicable Regulations: 150.110 – Wireless Communications Facilities 154.106 – Conditional Use Permits REQUEST DETAILS/ANALYSIS: CONDITIONAL USE PERMIT Request. The City of Lake Elmo has received a request from Verizon Wireless Communications for a Conditional Use Permit to construct a new 125-foot high wireless communications tower with a 9- foot lightning road on the property located at 11351 Upper 33rd Street North. The proposed location is owned by the City, and a large portion of it is used for stormwater purposes to serve the Village Downtown area. The tower site is proposed to be located approximately 520 feet from the north property line (620 feet from Upper 33rd Street North), approximately 45.5 feet from the east property line, and approximately 400 feet from the south property line. Lease Agreement Required. If approved by Council, the applicant will enter in to a lease agreement to lease a 36 by 32 piece of land in the location described above. This space would provide room for the tower itself, an equipment platform, generator, and future LP tank. Access to the site would be gained via the private drive from Upper 33rd Street. The applicant has indicated a 20-foot wide access and utilities easement on the site plan. Third Party Review. 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 Council. 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. Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) Authorization. It is required per ordinance that the applicant provide FAA approval or documentation that FAA approval is not required. The applicant has provided a determination of no hazard to air navigation, attached to this report. The applicant is also required to provide and has provided radio station authorization from the FCC. Structural Compliance Letter. The applicant has submitted a letter of structural compliance that indicates that the tower is designed for a Basic Wind Speed of 85 miles per hour (mph) (115 mph Ultimate) with no ice and 50 mph with ¾” radial ice and is designed to support three carriers. This letter indicates that if the wind speed were to increase beyond the design wind speed, it is highly unlikely to fail, and if it did, the most likely location of the failure would be within the upper portion of the wind shaft. The letter also indicates that the fall radius for the monopole design is less than 41 feet. Design. The applicant has provided photo simulations of the tower from both Upper 33rd Street North and adjacent residential properties. It is of monopole design as required in ordinance and is grey in 3 color. The applicant has shown that the monopole is designed to accommodate two additional providers as required by Code. 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. Verizon has indicated in its application that they have seen tremendous growth in network data usage due to 4G or LTE technology. The proposed site’s objectives are to improve the levels of coverage in the City of Lake Elmo, as the area has limited coverage and is currently served by Verizon Wireless sites that are located over four miles outside of town, and to provide capacity offload to the existing Verizon Wireless site called Northdale (its east-facing sector), which is currently in exhaust. Attached maps show that Lake Elmo is situated in an area with very poor coverage currently. The applicant has also provided a Best Server coverage plot, which shows that a new site will overtake an existing high traffic area and offload the existing sector. Alternate Locations. 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 addressed these preferences by trying the following alternatives: 1) Co-locate on the existing water tower at Langly Court North. • After discussing with the City, it was determined that the water tank is at full capacity and would not provide sufficient room for Verizon’s equipment. Verizon also considered placing a monopole next to the existing water tower, but due to the proximity to the water tower, the antenna orientations on the proposed site would be very restrictive and pointed in such a way that reflections coming from the tower would be minimized, and this would prevent the monopole from serving in certain areas that were targeted for coverage. 2) VFW Ballfield. 3) “City Hall Clock Tower” • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height 4) “Soccer Field Light Pole.” • Would provide less benefit to the network and a lower coverage footprint than a location downtown and would require a higher tower height. Co-Location Requirements. The Wireless Communications Facilities ordinances states that wireless communications services shall be located on existing towers or structures which exceed 35 feet in height and which are located within the potential service area for the site being proposed by the applicant. In the event that co-location is not possible, the applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made but an agreement cannot be made. Due to the aforementioned efforts to determine alternate sites by Verizon Wireless, Staff believes that a good faith effort was in fact made. Co-location requirements may be waived by Council if it is determined that antennae and/or tower accessory equipment would cause the 4 structural capacity of an existing or approved tower or structure to be exceeded; if the antennae and/or tower equipment would cause interference materially impacting the usability of existing antennae or tower accessory equipment; if existing or approved towers and buildings within the applicant’s search radius cannot or will not accommodate the antennae and/or tower accessory equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer; and/or other unforeseen reasons make it infeasible to locate the antennae and/or tower accessory equipment upon an existing or approved tower or building. 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. 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 has also submitted an additional wireless communications facilities application to place six 96” panel antennas on top of the water tank located at Ideal Avenue and 34th Street North and for reasons explained below in the Landscaping section of this report. Adverse Effects. Although the tower will be visible to adjacent properties, it is in an area that is heavily wooded and is surrounded by screening. Easton Village as well as a larger parcel with a single family parcel is to the east. Landscaping. Although required as part of the code, the applicant is not proposing additional landscaping, and Staff is recommending that this not be required. The site is heavily wooded, and as shown in the proposed images attached to this report, the tower would be well screened from Upper 33rd Street North and adjacent residential properties. 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. The applicant has already met a number of these items through the application process. Recommended Findings. 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. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 2) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use. 3) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 5 4) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City’s Wireless Communications Facilities ordinance except for the required height and setback from property lines, for which the applicant has requested variances. 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). The proposed use is not in a flood plain management or shoreland area. 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. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 7) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance and discourage climbing. 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. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 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. The City will enter in to a lease agreement for which it will receive a negotiated amount. 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. The proposed use will not create 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. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 12) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. Recommended Conditions. 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 that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless 6 communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker’s compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum, the report must document any changes to the site over the course of the previous year. 10) All lighting associated with the facility shall comply with the City’s lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11) The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12) Building permits shall be applied for and issued before any construction is started. 13) The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14) The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. 15) The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. VARIANCE REQUESTS 7 Requests. The applicant is requesting three variances: 1) Maximum height • The maximum allowed tower height in the PF – Public Facilities District is 125 feet. The applicant is proposing a 125-foot tower with a 9-foot lightning rod. The applicant has indicated that if the tower and lightning rod did not exceed 125 feet, the tower height would decrease the antenna’s centerline and its effectiveness. The lightning rod is for safety reasons to divert lightning during a lightning event. Visually, the rod is not generally not visible against the sky. The wireless communications facilities ordinance states that Council may increase the maximum height of a wireless communications facility by 50 feet within the public facilities district provided that an applicant is able to demonstrate a need for a higher facility and/or the additional height will serve a public interest in allowing fewer towers to serve a given area. Staff believes that this provision has been met. 2) Setback from property line • Towers are required to be setback a distance equal to the tower height from all property lines, and all accessory structures are required to be setback at least twenty feet from all side yards and rear property lines. The center of the tower to the property line to the east is setback 45.5 feet and so does not meet this standard by 88.5 feet. This standard is met from all other property lines, as the tower is setback approximately 520 feet from the north property line, 400 feet from the south property line, and 680 feet from the west property line. As noted earlier in the report, the fall zone for this tower is 41 feet, and so this setback should not pose a safety hazard. Additionally, the existing house on the property to the east is setback approximately 245 feet from the western property line. As for accessory structures and equipment, the pad mounted transformer is setback approximately 16 feet from the property line, the generator is setback 24 feet from the property line, and the equipment platform is setback approximately 23 feet from the property line. 3) Expiration date of conditional use permit and variance • The applicant has indicated on the application that there is a lengthy construction process involving ordering of materials, procuring general contractors, and constraints with construction seasons and so is requesting a variance from the standard in the Zoning Code which states that a variance shall expire if work does not commence within twelve months of the date granting such variance. While there is a provision that allows extension requests for up to one year after this expiration date, the applicant would like to ensure that this extension will be granted and so is requesting this variance. The Zoning Code also states that if substantial construction has not taken place within 12 months of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. Recommended Findings. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to 8 the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. A majority of the site is used for the City for stormwater ponding, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. The monopole will be well screened from the public right-of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. The proposed monopole will not effect the supply of air and light, increase congestion or impair property values within the neighborhood. Planning Commission Review. The Planning Commission held a public hearing and considered the requests for a conditional use permit and variances at their July 9, 2018 meeting. No one from the public spoke at the public hearing, and a written comment from the John Lenzmeier and Vicky Rehak, property owners of 11178 Upper 33rd Street North, provided written comment contesting the requests. Garrett Lysiak, P.E., OWL Engineering and EMC Test Labs, Inc., was there to provide testimony, explaining the need for the tower in order to provide sufficient coverage. The Planning Commission questioned if there were in fact other alternate locations that the wireless communications facility could go, and Garrett explained that it would be difficult for the City to determine alternate locations and reminded the City that even if there were alternate locations, a property owner must still be willing to sell or lease a parcel in order to erect the wireless communications facility. There was also question about the setback variance request and if the facility could go elsewhere on the property. The applicant explained that the other areas are being utilized for stormwater ponding purposes, and the proposed location is ideal due to the elevation and to avoid tree removal in other areas of the parcel. Finally, there was concern about the request for a variance from the expiration requirements of a conditional use permit and variance. It was decided, however, that the City should not be concerned with this, as the applicant is entering in to a lease agreement with the City, and with the time and effort put in to analysis for selecting this site, it would be highly likely that the applicant will begin construction as soon as possible. The Planning Commission recommended approval of the requests with a vote of 6-1. Commissioner Johnson had the dissenting vote for the reason that there may be alternate locations for the tower to go. OPTIONS: • Adopt Resolution 2018- and Resolution 2018- approving the conditional use permit and variances with recommended conditions of approval. 9 • Adopt Resolution 2018- approving the conditional use permit and deny some or all of requested variances with the condition that the plans be amended to conform to appropriate standards, providing findings for denial. • Prepare findings for denial of the conditional use permit and variance requests and direct Staff to prepare a Resolution to bring to a future meeting to deny the conditional use permit and variance requests. RECOMMENDATION: Staff and the Planning Commission recommend approval of the request from Verizon Wireless for a Conditional Use Permit to install a new 125-foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval. “Move to adopt Resolution 2018-083 approving the request from Verizon Wireless for a Conditional Use Permit to install a new 125-foot telecommunications tower with 9-foot lightning rod on the site property located at 11351 Upper 33rd Street North with recommended conditions of approval.” Staff and the Planning Commission recommend approval of the requests from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates. “Move to adopt Resolution 2018-084 approving the request from Verizon Wireless for a variance from the maximum height requirement, minimum setback requirement, and conditional use permit and variance expiration dates.” ATTACHMENTS: 1. Report from OWL Engineering (Garrett Lysiak) with Attachments 2. Application and Cover Letter 3. Narrative 4. Plans 5. Topo Map 6. Site Analysis 7. Photo Simulations 8. FAA Approval 9. FCC Approval 10. Resolution 2018-083 approving the Conditional Use Permit 11. Resolution 2018-084 approving the variance requests SITE SURVEY MINC TICKLE Washington County, MN 0494A1877.002 No.Date REVISIONS By CHK APP'D SMK SMK/JMBFIELD WORK: 5/30/17 CHECKED BY:DRAWN BY: © 2017 WIDSETH SMITH NOLTING HALF SCALE ON 11"x17" FULL SCALE ON 22"x34" SITE NAME: I HEREBY CERTIFY THAT THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | EnvironmentalPRELIM I N A R Y SHEET 1 OF 2 SHEETS PROPERTY DESCRIPTION: 6&+('8/(³%´(;+,%,76 ACCESS PROPERTY DESCRIPTION: 6&+('8/(³%´(;+,%,76UTILITY PROPERTY DESCRIPTION: 6&+('8/(³%´(;+,%,76 O H E O H E OH E OH E O H E O H E O H E OH E OH E OH E OH E OH E OH E OH E OHE OHE OHE OHE OHE OHE OH E OH E OH E O H E O H E UNION P A C I F I C R A I L R O A D T S T UPPER 3 3 R D S T R E E T N . 920 925 91 7 93 0 930 929 9 2 8 92 792 6 93 1 9 2 9 928 9 2 7 9 3 0 92 0 92 5 926 9 1 7 92 4 9 2 5 9 2 4 92 7 932 931 929 92 6 93 1 925 930 931 PID NO: 1302921310018 WASHINGTON COUNTY OUTLOT F T FOC FOC FOC FOCFOC FOC FOC 91 8 92 0 92 4 925 926 927 92 2 9 2 5 924 923 925 926 923 920 92 0 92 3 9 2 6 9 3 0 30TH STREET N LA K E E L M O A V E N U E N STA T E T R U N K H I G H W A Y N O . 5 LAKE ELMO UNION P A C I F I C R A I L R O A D UPPER 3 3 R D S T R E E T N . SITE SURVEY ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD83 (1986) 0 SCALE ( IN FEET ) 50 100 NO R T H = DENOTES A FOUND IRON MONUMENT SECTION LINE QUARTER LINE RIGHT OF WAY LINE LEGEND MINC TICKLE Washington County, MN 0494A1877.002 No.Date REVISIONS By CHK APP'D SMK SMK/JMBFIELD WORK: 5/30/17 CHECKED BY:DRAWN BY: © 2017 WIDSETH SMITH NOLTING HALF SCALE ON 11"x17" FULL SCALE ON 22"x34" SITE NAME: VICINITY MAP SURVEYOR NOTES: I HEREBY CERTIFY THAT THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.DESIGN 1"=600' NO R T H SITE PARCEL LINE T TELE PEDESTAL ELEC POLE GUY ANCHOR TREE DECIDUOUS = DENOTES A FOUND SECTION CORNER MONUMENT OHE OVERHEAD ELEC EDGE OF WOODS CENTERLINE RAILROAD GRAVEL SURFACE CULVERT WIDSETH SMITH NOLTING Engineering | Architecture | Surveying | Environmental SANITARY MANHOLES MAILBOX PRELIM I N A R Y SIXTEENTH LINE FOC UNDERGROUND FIBER EDGE OF FIELD EASEMENT LINE SIGN GRID NORTHGEODETIC NORTH MAGNETIC NORTH SHEET 2 OF 2 SHEETS Resolution 2018-083 509020v1 SJS LA515-1 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-083 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 11351 UPPER 33RD STREET NORTH WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 (the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a wireless communications facility the property located at 11530 Upper 33rd Street North (PID# 13.029.21.31.0018) (the “Property”); and WHEREAS, the Applicant also submitted an application to the City for variances for nine feet from the maximum height allowed for wireless communications to allow a wireless communications facility 134 feet in height; a variance of 88.5 feet from the minimum setback from the eastern property line to allow a setback of 45.5 feet from the easterly property line; and a variance from the one-year expiration date requirement of the conditional use permit and variance requests; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.102; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018, and WHEREAS, the City Council considered said matter at its July 17, 2018 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 154.106. 2) That all the submission requirements of said Section 154.106 have been met by the Applicant. Resolution 2018-083 509020v1 SJS LA515-1 2 3) That the proposed Conditional Use Permit includes the following components: a) A Conditional Use Permit for a wireless communications facility for the property located at 11351 Upper 33rd Street North. 4) That the Conditional Use Permit for a school district transportation center will be for the Property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO-WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY- FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (W1/2), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) 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. The tower has been engineered to withstand high winds and has a fall zone that will not cause it to fall on an adjacent property. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The property is guided for and zoned for public facilities, in which wireless communication facilities are an allowed use, and certain wireless communication facilities require a conditional use permit. 7) The use or development is compatible with the existing neighborhood. The wireless communication facility will be screened with existing trees. 8) The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposed use meets almost all requirements of the City’s Wireless Communications Facilities ordinance except for the required height and setback from property lines, for which the applicant has requested variances. 9) 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). The proposed use is not in a flood plain management or shoreland area. Resolution 2018-083 509020v1 SJS LA515-1 3 10) 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. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhood. 11) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance, and climbing will be discouraged. 12) 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. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 13) 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. The City will enter in to a lease agreement for which it will receive a negotiated amount. 14) 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. The proposed use will not create excessive production of traffic, noise, smoke, fumes, glare or odors. 15) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 16) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature of major importance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Verizon for a Conditional Use Permit for a wireless communications facility with the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker’s compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. Resolution 2018-083 509020v1 SJS LA515-1 4 4) An agreement providing for co-location and 6-month removal of unused and/or obsolete towers shall be attached and become part of the permit. 5) The addition of antennas and associated equipment of an additional provider to an existing permitted tower shall be considered co-location and shall require a zoning permit and site plan approval. An amendment to a conditional use permit shall typically not be required. 6) All towers shall be reasonably protected against unauthorized climbing. The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of 6 feet with a locked gate. 7) All obsolete or unused towers and accompanying facilities shall be removed within 6 months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an improved state which includes removal of all concrete to 6 feet below normal grade and surrounding area returned to normal grading. Electronic equipment shall not be removed in advance of removal of obsolete or unused towers. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover all removal costs as determined by the city prior to the issuance of a building permit for the facility. Failure to remove the structure shall be cause for the city to remove the tower and associated equipment and assess the cost against the required bonding or letter of credit instrument. 8) The city shall conduct a final inspection of the site to ensure that all requirements of the City Code and all conditions of approval attached as part of the wireless communications permit are met prior to the start of operation of the facility. 9) For installations of a facility in an area that could potentially be accessed by the public (including rooftop installations or other locations that would be considered public versus occupational) a radio frequency hazard analysis and a yearly report must be submitted before December 31 of each year showing the results of on-site measurements at the site. A registered professional engineer hired by the provider must sign these measurements and report. At a minimum, the report must document any changes to the site over the course of the previous year. 10) All lighting associated with the facility shall comply with the City’s lighting ordinance. The wireless communications tower shall not be illuminated by artificial means, as it is not required by the Federal Aviation Administration. 11) The area around the base of the tower and guy wire anchors shall be enclosed by a fence with a minimum height of six feet with a locked gate. 12) Building permits shall be applied for and issued before any construction is started. 13) The applicant shall be compliant with all other minimum conditions outlined in Section 150.123 of the Lake Elmo City Code addressing wireless communications facilities. 14) The applicant shall enter in to a lease agreement approved by Council for both this site and the water tower site at the corner of Ideal Avenue North and 34th Street North. Resolution 2018-083 509020v1 SJS LA515-1 5 15) The applicant shall design the accessory equipment building to accommodate any additional equipment that may be needed by additional carriers on the tower. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk Resolution 2018-084 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2018-084 A RESOLUTION APPROVING VARIANCES FROM THE REQUIRED HEIGHT AND SETBACK FOR A WIRELESS COMMUNICATIONS FACILITY FOR THE PROPERTY LOCATED AT 11351 UPPER 33RD STREET NORTH AND FROM THE EXPIRATION DATE REQUIREMENTS FOR THE CONDITIONAL USE PERMIT AND VARIANCE WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Verizon Wireless, 10801 Bush Lake Road, Bloomington MN 55438 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance to allow construction of a wireless communications facility that does not meet the required maximum height and minimum setback standards required for wireless communications facilities as well as a variance from the one year expiration requirement for a conditional use permit and variance. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 9, 2018; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 9, 2018; and WHEREAS, the City Council considered said matter at its July 17, 2018 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: Resolution 2018-084 2 a) A 9-foot variance from the maximum height requirement for wireless communication facilities, which require that the maximum height of wireless communications facilities within the PF – Public and Quasi-Public Open Space districts is 125 feet, to allow a 125-foot wireless communications facility with a 9- foot lightning rod. b) An 88.5-foot variance from the minimum setback requirement for wireless communications facility, which requires that wireless communications facilities be setback a distance from the property line equal to the height of the tower, to allow a 45.5-foot setback for a wireless communications tower from the easterly property line. c) Variances from the requirements that a variance shall expire if work does not commence within twelve months of the date of granting such variance and that a conditional use permit is void if substantial construction has not taken place within twelve months of the date on which the conditional use permit was granted. 4) That the Variance will be located on property legally described as follows: ALL OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF SAID ST. P. S. & T. F. RY., (NOW OWNED AND OPERATED BY THE UNION PACIFIC RAILROAD): THAT PART OF THE WEST HALF OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE (29) NORTH OF RANGE TWENTY-ONE (21), LYING WITHIN THE FOLLOWING BOUNDARIES, TO-WIT: BEGINNING AT THE QUARTER POST IN THE CENTER OF THE SOUTH LINE OF SAID SECTION; THENCE RUNNING NORTH ALONG THE CENTER LINE OF SAID SECTION TO A POINT IN THE CENTER OF THE SAINT PAUL & STILLWATER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER OF SAID ROAD TO A POINT FORTY FOUR (44) RODS WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID SECTION TO A POINT IN THE SOUTH LINE THEREOF FORTY-FOUR (44) RODS WEST OF THE CENTER POST IN SAID LINE; THENCE EAST FORTY-FOUR (44) RODS TO THE PLACE OF BEGINNING, EXCEPTING, HOWEVER, A STRIP OF LAND ONE HUNDRED (100) FEET IN WIDTH, BEING FORTY-FOUR (44) FEET ON THE NORTH SIDE AND FIFTY-SIX (56) FEET ON THE SOUTH SIDE OF CENTERLINE OF ST. P. S. & T. F. RY. TRACK AS CONSTRUCTED OVER AND ACROSS EAST FORTY-FOUR (44) RODS OF WEST ONE-HALF (W1/2), AND ALSO EXCEPTING THEREFROM THE EAST 726 FEET OF THE SOUTH 1800 FEET OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, SUBJECT TO THE RIGHT OF WAY OF MINNESOTA TRUNK HIGHWAY NO. 5 (ALSO KNOWN AS STILLWATER BOULEVARD NORTH), AND IS ALSO SUBJECT TO A 20 FOOT ROAD EASEMENT RECORDED BY DOCUMENT NUMBER 328273 IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, AND IS ALSO SUBJECT TO A NORTHERN STATES POWER EASEMENT RECORDED IN BOOK 136 OF DEEDS, PAGE 297, IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY MINNESOTA SECTION 13 TOWNSHIP 029 RANGE 021 5) That strict enforcement of the requirements from which the variance was requested would cause practical difficulties, and that the property owner proposes to use the property in a reasonable manner, as a majority of the site is used by the City for stormwater ponding and is heavily wooded, and so this is the only site on the parcel that would be suitable to construct the monopole. The applicant has reviewed a number of alternatives to the site and found this to be the most suitable. Lowering the tower height to accommodate the lightning pole and Resolution 2018-084 3 still be at the required height would decrease the tower’s effectiveness. Further, the applicant has explained that the process of procuring contractors, ordering parts, and short construction seasons would result in the commencement of construction within one year of granting the variance to be very difficult. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner, as the parcel is unique in that most of it is being used for stormwater ponding for the downtown area. The property became a stormwater pond prior to it being considered a location for a monopole. Lowering the height of the tower would decrease its effectiveness, and the lightning rod is needed for safety reasons. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located, as the monopole will be well screened from the public right- of-way and adjacent properties. The additional height of the lightning rod will not be visible against the sky. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood, as the proposed monopole will have no effect the supply of air and light, increase congestion or impair property values within the neighborhood. A majority of the base of the tower will be screened in a heavily wooded area, and the applicant has shown that the fall zone is shorter than the requested reduced setback. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted. Passed and duly adopted this 17th day of July 2018 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk