PL 09/15/2010 CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 15, 2010, 7:00 P.M.
LOCATION: CITY COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: August 18, 2010
PUBLIC HEARING:
1. Consideration of a Special Use Permit, SP #10-10, by Buell Consulting Inc., for Minnesota
Transfer Railway Co/MT Properties, to allow the installation of a communications facility
(installation of panel antennas/microwave dishes) on an existing Xcel transmission tower and
the construction of a related ground equipment cabinet next to the tower along railroad right-
of-way, generally located north of 6951 Central Avenue NE.
2. RECEIVE THE MINUTES OF THE AUGUST 5 2010 HOUSING AND REDEVELOPMENT
AUTHORITY COMMISSION MEETING.
3. RECEIVE THE MINUTES OF THE AUGUST 4 2010 APPEALS COMMISSION MEETING.
4. RECEIVE THE MINUTES OF THE SEPTEMBER 1, 2010, APPEALS COMMISSION
MEETING.
OTHER BUSINESS:
ADJOURN
City of Fridley Land Use Application
SP#10-10 September 15, 2010
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF PROJECT
Buell Consulting, Inc. Mr.Viera, with Buell Consulting, Inc., who
Rob Viera represents Clearwire Communications LLC, is
2012 Kentucky Avenue S requesting a special use permit to allow the
Minneapolis MN 55426 construction of a wireless communication facility
Requested Action: on an existing Xcel transmission tower, which will
Special Use Permit to allow installation of include installation of panels antennas/microwave
wireless communication facility on an dishes and related ground equipment, on property
existing Xcel transmission tower. within the railroad right-of-way,which is owned by
Existing Zoning: Minnesota Transfer Railway Company.
RR- Railroads SUMMARY OF ANALYSIS
Location: City Staff recommends approval of this special use
Unassigned address—generally located permit.
north of 6951 Central Avenue within the City Staff recommends approval of this special use
railroad right-of-way permit request as telecommunications facilities
Size: with the corresponding equipment are a permitted
Approx. 8.9 acres 388,675 sq.ft. special use on any abutting railroad right-of-way to
Existing Land Use: an industrially zoned district.
Railroad Right-of-way, with easements for CITY COUNCIL ACTION/60 DAY DATE
Xcel transmission towers City Council—October 11, 2010
Surrounding Land Use &Zoning: 60 Day—October 11, 2010
N: Industrial (Cummins) & M-2
E: Industrial (Cummins) & M-2
S: Industrial (Medtronic) & M-2
W: Industrial (Medtronic) & M-2
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.(7) requires a special use
permit to allow telecommunication towers
and wireless telecommunications.
Legal Description of Property:
North 50 ft. of the South Y2 of the Southeast
Section 11,Township 30 North, Range
24 West, according to the map or plat ,
thereof in the Office of the Register of
Deeds in and for the County of Anoka :
Transportation:
69th Avenue will provide access to the
tower location.
Existing Xcel Transmission Tower
Staff Report Prepared by: Stacy Stromberg
SP #10-10
REQUEST
Rob Viera, with Buell Consulting Inc., who is representing Clearwire Communications LLC, is requesting a
special use permit to allow the installation of nine panel antennas/microwave dishes on an existing Xcel
transmission tower. The Xcel tower is located on railway right-of-way north of 69`h Avenue, near 6951
Central Avenue, and is owned by Minnesota Transfer Railway Company. The property owner has signed
off on the special use permit application and the City has received an e-mail from Xcel Energy stating
that they are working with Clearwire concerning the project and subject to results of their engineering
analysis; they will be approving the Clearwire installation.
The proposed communications facility will consist of installing up to nine antennas/microwave dishes
on top of the Xcel power tower at 140 ft. above ground and constructing a group equipment cabinet
inside a 49 sq. ft. ground lease area in-between the tower's four legs. Access to the equipment will be
acquired using 69`h Avenue to a 12 ft. access route to the tower.
TELECOMMUNICATIONS ACT HISTORY
In 1996, the federal government passed a new Telecommunications Act. This act affected wired and
wireless operations of telecommunication services, cable television, open video systems, multi-channel
video distribution, telephone, long distance, data transmission, cellular phone, personal communication
services (PCS), and direct broadcast satellites.
Over the past fourteen years the number of 75 ft. to 250 ft. mono-pole towers or lattice-type tower
structures has been on the rise in both the metro and rural locations across the state. The 1996
Telecommunications Act opened the door to a whole new wave of technology. Communities have been
required to recognize and accept the new technology. Cities do have the ability to control the location
of PCS towers; however, cities cannot take a position of"not in my city."
A typical PCS tower may have a 75 ft. to 125 ft. mono-pole structure. Ample ground area is generally
required to allow the electronic control devices to exist beside the base of the tower. A fence of some
type surrounding the tower and the equipment is typically required. Some users require very little
encroachment on the land, beyond the pole itself. In this particular case, Clearwire is proposing to
locate on an already existing Xcel transmission tower, therefore, not taking up additional land area for
the pole itself. They will need a 7 ft. by 7 ft. area for the ground equipment.
TELECOMMUNICATION ACT'S IMPACT ON FRIDLEY
In December of 1996,the Fridley City Council established a moratorium temporarily prohibiting the
construction of new communication and antennae array. The moratorium establishment allowed the
City to take a comprehensive look at the impact of the 1996 Telecommunications Act and establish
acceptable antennae locations. With the moratorium in place, staff worked with PCS consultants to get
a clear understanding of the technology, issues, and to determine how many antennae locations would
likely be required to service the community.
As a result of the analysis, an approved site approach was approved. The City of Fridley now has a
series of approved sites for the installation of wireless telecommunication facilities. To install a
telecommunication tower in a zoning area not on the "approved site" list, a special use permit must
first be obtained.
SITE DESCRIPTION
The subject property is zoned RR, Railroads as it is
railroad right-of-way. Properties on all sides of it are
zoned M-2, Heavy Industrial and occupied by either
Medtronic or Cummins. Xcel has a utility easement
on the railroad right-of-way to have their existing+.'" � ,
towers on the subject property that is owned by E ' .•,
Minnesota Transfer Railway Co.
SPECIAL USE PERMIT ANALYSIS A.
The purpose of a special use permit is to provide the
City with a reasonable degree of discretion in
determining the suitability of certain designated uses f 69 HA"
upon the general welfare, public health and safety of m -12
the area in which it is located. The special use T i`
permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts
to surrounding properties. The City also has the right to deny the special use permit request if impacts
to surrounding properties cannot be eliminated through stipulations.
As was stated earlier, the petitioner is requesting this special use permit to allow the construction of a
new telecommunications facility on an existing Xcel transmission tower along railroad right-of-way,
north of 6951 Central Avenue. Telecommunication towers and the installation, operation, and
maintenance of Wireless Telecommunications Facilities are allowed on railroad right-of-way, adjacent
to industrially zoned districts, but only with a special use permit.
Site Selection—The petitioner's Radio Frequency engineers
have stated that when selecting possible locations for
wireless telecommunications they attempt to select a111-
location that minimizes or limits any negative impacts. That
0
L tli t t.7amill,
is why; rooftops, existing towers, parks, water towers, and
light pole applications are favored and selected when they
meet technical requirements. When the engineers started _
their initial search for tower locations,they discovered that — ,
within the City of Fridley,the closest wireless 5
telecommunications equipment is on the Fridley Water
Tower in Locke Park, which is identified with a number 4 on
the map to the right. A map showing all of the T '" .F..•.. f
telecommunication towers in the City is attached in your
packet. City Code requires that the petitioner prove that a
new site is necessary and that usable Approved Sites are not
located within a % mile radius of the proposed new site.
The Locke Park water tower is located approximately .74
miles from the proposed new site. _1FTW Til 3 91TVn R�' i
The Cummins property at 1400 73rd Avenue is on the list of the City's "approved tower sites", however,
locating telecommunications equipment on this site would require the installation of a new free-
standing cell tower, with the accompanying ground equipment. Placement of the proposed
telecommunications equipment will not prevent Cummins from eventually installing a tower on their
site; however, it should be noted that a tower on the Cummins site would then be within % mile of the
proposed equipment. Installation of a tower on the Cummins site wouldn't require special use permit
approval, because it's an approved site.
Locating telecommunications equipment on an existing Xcel tower is overall a better solution for the
City, as it takes up less land area and minimizes any negative impacts that may be associated with the
installation of a new free-standing tower.
While the City's telecommunication ordinance limits the height of telecommunications towers to 125
ft., it doesn't reference how high equipment can be placed upon an existing tower. Therefore, staff has
determined that the height of the equipment at 144 ft. on an existing tower is acceptable.
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RECOMMENDATIONS
City Staff recommends approval of this special use permit request as telecommunications facilities with
the corresponding equipment are a permitted special use on any abutting railroad right-of-way to an
industrially zoned district.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. A building permit shall be obtained prior to commencement of installation of any facility
equipment on this site.
2. A landscape and screening plan shall be submitted and approved by City staff prior to issuance
of a building permit.
3. The petitioner or successors shall install and maintain the proposed telecommunications
equipment so that it blends into the surrounding environment.
4. The equipment shelter shall be designed to discourage unauthorized entry.
5. No signs other than warning or equipment information signs are permitted as part of this
application.
6. Access road shall be paved with either asphalt or concrete.
•om B UELL CONSULTING, INC.
- • 2324 University Avenue West,Suite 200 Site Acquisition
• Saint Paul,Minnesota 55114-1854 Permitting
(651) 225-0792 Est. 1991
Fax (651) 225-0795
Special Use Permit Application Narrative
Clearwire Communications, LLC, an operating subsidiary of Clearwire
Corporation, (NASDAQ: CLWR), offers a suite of advanced high-speed Internet
services to consumers and businesses. As part of a multi-year network build-out
plan, Clearwire's 4G service, called CLEARTM, will be available in major
metropolitan areas across the U.S, and bring together an unprecedented
combination of speed and mobility. Clearwire's open all-IP network, combined
with significant spectrum holdings, provides unmatched network capacity to
deliver next generation broadband access. Strategic investors include Intel
Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House
Networks. Clearwire currently provides 4G service, utilizing WiMAX technology in
two markets and provides pre-WiMAX communications services in 50 markets
across the U.S. and Europe. Headquartered in Kirkland, Wash., additional
information about Clearwire is available at www.clearwire.com.
Clearwire is prosing to install up to 9 panel antennas/microwave dishes on an
Xcel Transmission tower in Fridley, MN (Tower#150; Line # 0980/0984) along
with an equipment cabinet inside a 49 SF ground lease area in between the
tower's four legs. Minnesota Transfer Railway/MT Properties own the property,
and have signed the Special Use Permit Application.
Clearwire and Xcel Energy have finalized a Master Lease Agreement, and
Clearwire's proposed installation has been approved by Xcel. Please refer to the
detailed Construction Drawings I submitted with the application for specific
information on Clearwire's proposed design.
The expected installation date is early 2011. Let me know if you have any
questions.
Thank you.
/Rob Viera
Buell Consulting c/o Clearwire
rober iviera(a�yahoo.com
612.801.2228
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Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432
763.572.3592
a Fax: 763.571.1287
- toowww.ci.fridley.mn.us
SPECIAL USE PERMIT APPLICATION FOR:
Residential Commercial/Industrial/Multi-Family
Property Information /l
Address: u h C(55 afid --,>II q15', r 1A
4A
Anoka County Property Identification Number(PIN
Legal Description>p !=✓�r1 "e
Current Zoning: ,3 Ai- Square footage of Parcel: Fa• G u�+-1^z5
Reason for Special Use Permit (one sentence summary, please attaf hed full description)
��>?�dL-(✓ Z tf "� ;aSih �U �tifr,�/ "yCl �'r�Ifc�7rl�f htGrdu;L� W�1 �c��S c��c icy
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Fee/Property
/tFee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to oces ing
Name (please print): Il .�5e �A 5 '1L Cz� /1'7r�roT/es LAG.
Mailing address: fJ
Daytime Phone: Fax Number: !pS/- 19 - Vis'ye
Cell Phone: E-mail address:_ h-(ey Lel, de t"
Signature/Date: YY �o/Q
4-�r��
Petitioner Information
Company Name (please print): � Dy ���`� " 13e!f Cc�tJ�l�rNu C `
Contact Person's Name (please print): No h 1C'"y
Mailing address: k/-/ VC f
Daytime Phone: l Z - °(< 2 2- 7 Fax Number:
Cell Phone: 6l Z - ° i- ZZ E-mail address: vyerT.f Ufe% 4 4 v(� c a
Signature/Date: L E3 -(0
FOR OFFICE USE ONLY
Fees
$1,000-R-1, Single Family Residential
$1,500-Commercial/Industrial/Multi-Family Residential
Application Number:,CO 11)- /D Receipt#: 3 cc>S Received By:
Application Date: -/3-l0
15 Day Application Complete Notification Date:__
Scheduled Planning Commission Date: !1_ /S,/o
Scheduled City Council Date: o
60 Day Date: / ,> -[/-I(>
60 Day Extension Date:
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property, generally
located North of 6951 Central Avenue NE.
CASE NUMBER: Special Use Permit, SP #10-10
APPLICANT: Buell Consulting, Inc., for Minnesota Transfer Railway Co/MT
Properties
Petitioner or representative must attend the Planning Commission meeting.
PURPOSE: To allow the installation of a communications facility (installation of
panel antennas/microwave dishes) on an existing Xcel transmission
tower and the construction of a related ground equipment cabinet
next to the tower along railroad right-of-way, legally described as the
N 50 ft of the S 'h of the SE '/4; Section 11, Township 30 N, Range
24 W, generally located north of 6951 Central Avenue NE.
LOCATION OF North of 6951 Central Avenue NE
PROPERTY AND
LEGAL The N 50 ft of the S '/2 of the SE '/4; Section 11, Township 30 N,
DESCRIPTION: Range 24 W,
DATE AND TIME OF Planning Commission Meeting:
HEARING: Wednesday, September 15, 2010, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 University Avenue N.E., Fridley, MN.
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones,
Planning Coordinator, at 6431 University Avenue N.E., Fridley,
MN 55432 or FAX at 763-571-1287.
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than September 8, 2010. The TDD# is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting date for this item will be
COUNCIL MEETING Monday, October 11, 2010. *This date is subject to change
DATE depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
City Council meeting.
Publish: September 2, 2010
r== CITY OF Community Development Department
FRIDLEY Public Hearing Notice
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SOURCES
Fridley Engineering N
Fridley GIS Special Use Permit Request, SP#10-10
Anoka County GIS Petitioner: Rob Viera for Buell Consulting Inc. wE
Unassigned address, PIN#11-30-24-31-0022
Map Date:August 31, 2010 S
LANDVEST DEVELOPMENT CORP MEDTRONIC INC MINNESOTA TRANSFER R-WAY
2828 EMERSON AVE S REAL ESTATE-V320, 3850 CO
MINNEAPOLIS, MN 55408-0000 VICTORIA ST N 508 CLEVELAND AVE N
SHOREVIEW, MN 55126-0000 ST PAUL, MN 55104
ONAN CORP RICE CREEK TOWNHOUSES CO SHAMROCK INV III LLC
1400 73RD AVE NE 1652 69TH AVE NE 701 24TH AVE SE
MPLS,MN 55432-0000 FRIDLEY, MN 55432-0000 MPLS, MN 55414-0000
RUSSELL D GIRARD LYNNE M SCHEELER DAVID M NESS
1710 HANSACK AVE NE 6952 PLEASANT VIEW DR 6942 PLEASANT VIEW DR
ST MICHAEL,MN 55376 NEW BRIGHTON, MN 55112 MOUNDS VIEW, MN 55112
VICTORIA L OTIS DRETSCH ROGER W ADAIR ERIC R HEAGLE
6928 PLEASANT VIEW DR 3049 COUNTY RD H 3001 COUNTY ROAD H W
MOUNDS VIEW, MN 55112 MOUNDS VIEW, MN 55112 NEW BRIGHTON, MN 55112
MN TRANSFER RAILWAY COUNTY OF RAMSEY PARKS AND BEVERLY HEIER
475 CLEVELAND AVE N 2 l5 VAN DYKE STN 3059 SPRING CREEK DR
ST PAUL, MN 55164 NEW BRIGHTON,MN 55112
ST PAUL, MN 55109
DALE E ELLIOTT
3077 SPRING CREEK DR
NEW BRIGHTON, MN 55112
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on September 15, 2010, at 7 : 00 p.m. for the
purpose of :
Consideration of a Special Use Permit, SP #10-10, by Buell
Consulting, Inc . , for Minnesota Transfer Railway Co/MT
Properties, to allow the installation of a communications
facility (installation of panel antennas/microwave dishes) on an
existing Xcel transmission tower and the construction of a
related ground equipment cabinet next to the tower along
railroad right-of-way, legally described as the N 50 ft of the S
% of the SE i/,; Section 11, Township 30 N, Range 24 W, generally
located north of 6951 Central Avenue NE.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place . Any questions
related to this item may be referred to Stacy Stromberg, Planner,
at 763-572-3595 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
September 8 , 2010 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
October 11, 2010 . *This date is subject to change depending on
the outcome of the Planning Commission meeting. Please confirm
City Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: September 2 , 2010
CI'iYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER - 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 - FAX(763)571-1287 - TTDrITY(763)572-3534
August 25, 2010
Rob Viera
Buell Consulting, Inc.
2012 Kentucky Ave. S.
Minneapolis, MN 55426
Dear Mr. Viera:
Per Minnesota Statute 15.99, local government units are required to notify land use
applicants within 15 working days if their land use applications are complete. We
officially received your application for a special use permit on August 13, 2010. This
letter serves to inform you that your application is complete.
Your Special Use Permit application hearing and discussion will take place at the City of
Fridley Planning Commission Meeting on September 15, 2010 at 7:00 P.M. in the City
Council Chambers at 6431 University Avenue. Your Special Use Permit application will
then be reviewed by the City Council on October 11, 2010 at 7:30 in the City Council
Chambers.
If you have any questions regarding this letter or the process, please feel free to contact
me at 763-572-3599.
Sincerely,
rn�
Juli Jones
Planning Manager
cc: MN Transfer Railway Co.
2380 Wycliff St., Suite 100
St. Paul, MN 55414