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HomeMy WebLinkAboutResolution No. 2026-70, Approving Conditional Use Permit, CUP #26-01, to Allow a 125 Foot Telecommunications Tower at 1241 72nd Avenue Resolution No. 2026-70 Approving Conditional Use Permit, CUP #26-01 nd to Allow a 125 Foot Telecommunications Tower at 1241 72 Avenue NE Whereas, on April 17, 2026, the City of Fridley (City) received an application to allow a nd telecommunications tower for the property generally located at 1241 72 Avenue NE, legally as shown on Exhibit B (subject property); and Whereas, the Overlay Zoning Districts Chapter of the Fridley City Code (Code) allows telecommunications towers to be located within properties identified in the O-3 Telecommunications Towers Overlay District without additional zoning approval; and Whereas, the Non-Residential Zoning Districts Chapter of the Code requires a Conditional Use Permit (CUP) for telecommunications towers to be located outside of the O-3 Telecommunications Towers Overlay District, pursuant to the Use Standards contained in the Principal-Use Standards Chapter and Overlay Zoning Districts Chapters of Code; and Whereas, the subject property is not within the O-3 Telecommunications Towers Overlay District; and Whereas, on May 20, 2026, the Planning Commission held a public hearing to consider a request by Angela Campbell of AMS Wireless on behalf of property owner CTE Properties LLC, for the property, for Conditional Use Permit, CUP #26-01 to allow a telecommunications tower on the existing site; and Whereas, following the public hearing at the May 20, 2026 meeting, the Planning Commission unanimously recommended approval of CUP #26-01 with the stipulations represented in Exhibit A; and Whereas, on June 8, 2026, the Fridley City Council approved the stipulations in Exhibit A to this resolution as the conditions on CUP #26-01; and Whereas, the petitioner, AMS Wireless, was presented with Exhibit A, the conditions for CUP #26-01 at the June 8, 2026, City Council meeting; and Whereas, the Procedures chapter of the Code states that this Conditional Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves CUP #26- 01 and the stipulations represented in Exhibit A are hereby adopted by the City Council of the City of Fridley; th Passed and adopted by the City Council of the City of Fridley this 8 day of June 2026. _______________________________________ Dave Ostwald – Mayor Attest: Melissa Moore – City Clerk Exhibit A Stipulations 1. The telecommunications tower must comply with all requirements of the Federal Communications Commission, Federal Aviation Administration, and National Electric Safety Code. 2. Construction, alteration, and expansion of the telecommunications facility all require building permits. 3. The telecommunications tower design must substantially be as presented in the application materials, including: a. The tower must support more than two wireless facilities, b. The tower must be finished with a non-corrosive material, and c. The tower must be finished so as to be compatible with other buildings and structures in the area. 4. All ground equipment must be fully screened from public rights-of-way by existing structures, a brick decorative wall, or a solid 100% opaque vegetative enclosure. When used for screening purposes, chain link fences must have slats. 5. The telecommunications tower must be secured to protect against trespass, without the use of barbed or razor wire. 6. Required landscaping must be replaced as required by City Code Chapter 632, including replacement of the seven dead ash trees on the north side of the property with seven trees which meet the requirements of Chapter 632. Required landscaping must be replaced within one year of CUP approval. 7. The telecommunications tower must at all times be kept and maintained in good condition, order and repair. 8. Per 650.01.9.e.1 of the Fridley City Code, this Conditional Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Exhibit B Lot 1, Block 1, Determan Addition, according to the recorded plat thereof, Anoka County, Minnesota.