Loading...
HomeMy WebLinkAboutItem 06.g October 14, 2014 Item No. _____ VERIZON WIRELESS CONDITIONAL USE PERMIT OCTOBER 20, 2014 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve the Verizon Wireless conditional use permit and adopt the findings of fact. Adoption of this motion will allow the construction and operation of a personal wireless service (cell phone tower and antenna on the Lakeview Bank property located at 9725 – 163rd Street. Overview Verizon Wireless representatives are requesting a conditional use permit to allow the construction of a 60 foot tall cellular telephone tower on the Lakeview Bank property. The stealth tower design resembling a flag pole and will allow a future extension up to 75 feet in height for co-location. The Planning Commission held a public hearing at their October 2, 2014 meeting. The Planning Commission recommended unanimous approval of the conditional use permit subject to four stipulations. There was public comment from one person at the public hearing. Staff also recommends approval of the conditional use permit. Primary Issues to Consider Does the proposed site meet the service needs of the applicant and the requirements of the Zoning Ordinance? Verizon Wireless funded the services of an engineering firm hired by and on behalf of the City to provide a technical review of the application and plans. The report prepared by Owl Engineering concludes that the proposed location and design is acceptable to meet the requirements of the Zoning Ordinance. Supporting Information • Conditional Use Permit form • Findings of fact • October 2, 2014 draft Planning Commission meeting minutes • September 26, 2014 planning report _________________________ Frank Dempsey, AICP, Associate Planner Financial Impact: $ None Budgeted: Y/N ____ Source: _________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance _______________________________________________ Notes: ______________________________________________________________________________________ 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 14-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a conditional use permit for Verizon Wireless to allow a personal wireless service tower and antenna located at Lakeview Bank at 9725 – 163rd Street. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, Lakeland Financial Place 3. Conditions. The permit is issued subject to the following conditions: a) The personal wireless service antenna shall comply with the requirements of Section 11-30-3 of the Zoning Ordinance. b) The personal wireless service antenna shall not exceed 75 feet in height and shall be constructed in the location shown on the plans approved by the City Council. c) A building permit shall be required prior to construction of the tower. d) When the antenna tower is no longer used for personal wireless services, the tower shall be removed within one year of the discontinuance of the use. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of the conditional use permit. 5. Lapse. If within one year of the issuance of this permit the buildings addition has not commenced, this permit shall lapse. 6. Criminal Penalty. Violation of the terms of this conditional use permit amendment is a criminal misdemeanor. 1 Dated: October 20, 2014 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 20th day of October, 2014 by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA On October 2, 2014 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Verizon Wireless for a Conditional Use Permit to allow a personal wireless service antenna up to 70 feet in height on the Lakeview Bank property located at 9725 – 163rd. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is currently zoned C-1, Neighborhood Commercial District. 2. The property is located in Planning District No. 2 and is classified as Commercial in the Comprehensive Land Use Plan. 3. The legal description of the property is: Lot 1, Block 1, Lakeland Financial Place 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. The proposed personal wireless service antenna on the subject property is consistent with the policies and provisions of Planning District 2 of the Comprehensive Land Use Plan. The personal wireless service antenna tower will be designed to look like a flag pole and will not negatively impact the character of the area. b) The proposed use is or will be compatible with future land uses of the area. The proposed personal wireless service antenna will be compatible with existing and future land uses in the area given conformance with the stipulations outlined in the conditional use permit. 1 c) The proposed use conforms with all performance standards contained in this Code. The proposed personal wireless service antenna meets all performance standards set forth in the Zoning Ordinance given conformance to the approved conditional use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed personal wireless service antenna and related equipment will not impact existing public services. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed antenna will not negatively impact the capacity of the streets serving the property. 5. The planning report dated September 26, 2014 prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: October 20, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 3 City of Lakeville Planning Department Memorandum To Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: September 26, 2014 Subject: Packet Material for the October 2, 2014 Planning Commission Meeting Agenda Item: Conditional use permit request of Verizon Wireless for a Personal Wireless Service Antenna and Tower at Lakeview Bank Application Action Deadline: October 11, 2014 INTRODUCTION Representatives of Verizon Wireless has submitted an application and plans for a conditional use permit to allow a 60 foot tall personal wireless service antenna and tower with the capability to extend the tower in the future to 75 feet. The Lakeview Bank property is located south of 162nd Street (CSAH 46), and west of Ipava Avenue. A conditional use permit is required to allow a personal wireless service antenna and tower that is not located on a public or quasi-public structure. The Federal Communications Commission (FCC) requires that local units of government provide reasonable accommodations for personal wireless service antenna companies. The Zoning Ordinance may include requirements to protect the public health, safety and general welfare. The Zoning Ordinance also requires that towers are required to be designed to accommodate co-location of at least one additional personal wireless service carrier antenna. EXHIBITS A. Location and Zoning Map B. Aerial Photo Map 1 C. Verizon Wireless’ Structure Engineer’s letter, dated August 4, 2014. D. Site survey E. Site plan (2 pages) F. Tower elevation and equipment mounting details G. Area and building interior location details H. Grounding plan I. Site utility plan J. Photo simulations (7 pages) K. Map of existing tower and antenna locations L. Report and exhibits prepared by Owl Engineering, City’s communications consultant, dated September 18, 2014 STAFF ANALYSIS The proposed tower and antenna would be located in the vicinity of the existing flag pole northwest of the Lakeview Bank building. The existing flagpole will be removed when the new tower and antenna is installed. The antenna is designed to be “stealth” antenna meaning the antenna equipment will be located inside the hollow tower. The antenna tower will be designed so a flag can be raised on the outside of the tower. The mechanical equipment for the wireless service will be located inside the bank building. The conditional use permit request includes the tower to be designed to allow an extension and co-location for another wireless service provider up to 75 feet in height. The most recent new personal wireless service antenna towers approved in the City of Lakeville were in 2008 and were located at 185th Street, west of Dodd Boulevard and at Valley Lake Park. Comprehensive Plan. The subject property is located in Planning District No. 2 of the Comprehensive Plan. The property is guided for commercial land uses. Zoning. The 1.76 acre property is zoned C-1, Neighborhood Commercial District and has been owned and occupied by Lakeview Bank since 2004. Personal wireless service antennas and equipment are allowed by administrative permit if located on an existing structure or by conditional use permit if located on a new tower 75 feet or less in height. An interim use permit is required if the tower exceeds 75 feet in height. Adjacent Land Uses: North – 162nd Street (CSAH 46) and RS-3, Single Family Residential South – 163rd Street, Hosanna! Lutheran Church and Fountains of Hosanna (PUD) East – Primrose Day Care (C-1, Neighborhood Commercial District) West – Itasca Trail and vacant land (O-R, Office/Residential Transition District) 2 Access. Access to the site will be from Itasca Avenue and 163rd Street through the bank parking lot. Antenna Tower Color. The applicant proposes to paint the galvanized tower brown which would match the bank building. CONDITIONAL USE PERMIT A conditional use permit is required to allow a personal wireless service antenna not located on a public or quasi-public structure. There are currently seven monopoles with antennas in Lakeville. There are also antennas located on City water towers in four locations. Verizon Wireless indicates that the proposed location of the 60 foot tall personal wireless service antenna tower is the optimum location and height to accommodate the desired service coverage. Verizon has antennas located at the following locations in Lakeville: • 16780 Kenrick Avenue • 16990 Georgetown Way • 7777 – 214th Street • 20850 Kenrick Avenue Two additional Verizon towers serve Lakeville. One is located in Credit River Township west of Interstate 35 and another is located in Farmington at Pilot Knob Road near the Lakeville and Farmington city limits. Co-Location Requirement. Section 11-30-7 requires that the tower be designed to allow co-location for other cellular telephone companies. The co-location requirement aids in reducing the number of antenna towers in a given area of the City. According to the applicant, there are no suitable existing structures or towers of sufficient location that could serve the desired coverage area. The proposed tower is designed to allow co-location for one additional carrier up to 75 feet in height. If a height is proposed above 75 feet, an interim use permit would be required. An antenna on the tower that does not increase the height above 75 feet can be approved with an administrative permit. Performance Standards. Section 11-30-17.B.2 requires that personal wireless service antennas not located upon an existing structure shall require the processing of a conditional use permit and shall comply with the following standards: 2. Antennas Not Located Upon A Public Structure Or Existing Tower: Personal wireless service antenna not located upon a public or quasi-public structure or 3 existing tower shall require the processing of a conditional use permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis prepared by a qualified engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate portable coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. The conditional use permit application and plans were provided to the City’s communications consulting engineer Garrett Lysiak, P.E. at Owl Engineering to review the plans, study the coverage data and make a determination that the plans comply with the technical requirements of the Zoning Ordinance. The report prepared by Owl Engineering examines airspace, existing towers in the vicinity, a service coverage study, an examination of site construction, interference study and radio frequency (RF) radiation analysis. The findings of the report conclude that the proposed antenna tower would provide the required coverage for Verizon Wireless, is not predicted to cause any interference to any protected frequency in the area, and will not be a public radiation hazard. b. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: (1) The pole does not exceed seventy five feet (75') in height, except as may be allowed by approval of an interim use permit. The proposed Verizon Wireless tower is 60 feet in height any future addition to the tower at or below 75 feet can be administratively approved. Any future extension to the tower will not exceed 75 feet unless an interim use permit is approved by the City Council. Refer to the engineering consultant’s study for more detailed description of existing facilities and proposed antenna height. (2) The setback of the pole from the nearest residential property line is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. The nearest residential zoned property is 240 feet to the north across CSAH 46 at the Fellowship Bible Church north of 162nd Street. 4 c. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. The transmitting, receiving and switching equipment will be located inside the bank building. d. At the discretion of the city, a security fence not greater than eight feet (8') in height with a maximum opacity of fifty percent (50%) shall be provided around the support structure. No security fence will be included or required with the antenna tower. e. The conditional use permit provisions of chapter 4 of this title are considered and determined to be satisfied. Findings of Fact for the conditional use permit are attached . RECOMMENDATION Planning Department staff recommends approval of the Verizon Conditional Use Permit subject to the following stipulations: 1. The personal wireless service antenna shall comply with the requirements of Section 11-30-3 of the Zoning Ordinance. 2. The personal wireless service antenna shall not exceed 75 feet in height and shall be constructed in the location shown on the plans approved by the City Council. 3. A building permit shall be required prior to construction of the tower. 4. When the antenna tower is no longer used for personal wireless services, the tower shall be removed within one year of the discontinuance of the use. 5 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA On October 2, 2014 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Verizon Wireless for a Conditional Use Permit to allow a personal wireless service antenna up to 70 feet in height on the Lakeview Bank property located at 9725 – 163rd. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is currently zoned C-1, Neighborhood Commercial District. 2. The property is located in Planning District No. 2 and is classified as Commercial in the Comprehensive Land Use Plan. 3. The legal description of the property is: Lot 1, Block 1, Lakeland Financial Place 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. The proposed personal wireless service antenna on the subject property is consistent with the policies and provisions of Planning District 2 of the Comprehensive Land Use Plan. The personal wireless service antenna tower will be designed to look like a flag pole and will not negatively impact the character of the area. b) The proposed use is or will be compatible with future land uses of the area. The proposed personal wireless service antenna will be compatible with existing and future land uses in the area given conformance with the stipulations outlined in the conditional use permit. 1 c) The proposed use conforms with all performance standards contained in this Code. The proposed personal wireless service antenna meets all performance standards set forth in the Zoning Ordinance given conformance to the approved conditional use permit. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. The proposed personal wireless service antenna and related equipment will not impact existing public services. e) Traffic generation by the proposed use is within capabilities of streets serving the property. The proposed antenna will not negatively impact the capacity of the streets serving the property. 5. The planning report dated September 26, 2014 prepared by Associate Planner Frank Dempsey is incorporated herein. 2 DATED: October 20, 2014 CITY OF LAKEVILLE BY: ________________________ Matt Little, Mayor BY: ________________________ Charlene Friedges, City Clerk DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 3 4