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PL 09/15/2010 - 29958PLANNING COMMISSION MEETING September 15, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: David Kondrick, Dean Saba, Jack Velin, Brad Sielaff, and Brad Dunham Marcy Sibel and Leroy Oquist Stacy Stromberg, City Planner Rob Viera, Buell Consulting, Inc., Approval of Minutes: August 18, 2010 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING 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. MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, stated 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 69t'' 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. Ms. Stromberg stated the proposed communications facility will consist of installing up to nine antennas/microwave dishes on top of the Xcel power tower at 140 feet above ground and constructing a group equipment cabinet inside a 49 square foot ground lease area in between the tower's four legs. Access to the equipment will be acquired using 69t'' Avenue to a 12-foot access route to the tower. Ms. Stromberg stated 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. Ms. Stromberg stated over the past 14 years the number of 75-foot to 250-foot 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." Ms. Stromberg stated a typical PCS tower may have a 75-foot to 125-foot 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 itsel£ 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 itsel£ They will need a 7-foot by 7-foot area for the ground equipment. Ms. Stromberg stated 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. Ms. Stromberg stated 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. Ms. Stromberg stated 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 Minnesota Transfer Railway Co. Ms. Stromberg stated 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. Ms. Stromberg stated the petitioner's Radio Frequency engineers have stated that when selecting possible locations for wireless telecommunications, they attempt to select a location that minimizes or limits any negative impacts. That is why rooftops, existing towers, parks, water 2 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 telecommunications equipment is on the Fridley Water Tower in Locke Park City Code requires that the petitioner prove that a new site is necessary and that usable Approved Sites are not located within a one-half mile radius of the proposed new site. The Locke Park water tower is located approximately .74 miles from the proposed new site. Ms. Stromberg stated 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 one-half mile of the proposed equipment. Installation of a tower on the Cummins site would not require special use permit approval, because it is an approved site. Ms. Stromberg stated 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. Ms. Stromberg stated while the City's telecommunication ordinance limits the height of telecommunications towers to 125 feet, it does not reference how high equipment can be placed upon an existing tower. Therefore, staff has determined that the height of the equipment at 144 feet on an existing tower is acceptable. Ms. Stromberg stated 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. Ms. Stromberg stated 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. Chairperson Kondrick asked whether staff has discussed with the petitioner how they would screen the building from view? Ms. Stromberg replied, they talked briefly about it and suggested it being through landscape other than a fence. It is a very small area, only 7 x 7 feet. A few shrubs shielding it from 69tn would be all they need. Chairperson Kondrick asked, how do they expect to protect the facility from vandals? Ms. Stromberg referred the question to the petitioner, he has said they are very secure and do not typically have problems. Commissioner Sielaff asked are there any other restrictions for adding onto an existing tower as opposed to constructing a new one? Ms. Stromberg replied, there are not more restrictions. They may remember a couple of years ago T-Mobile put equipment on an Xcel tower over on Commerce Circle. Commissioner Sielaff stated that was subject to a height restriction there. Ms. Stromberg replied, that tower is 150 feet high, so the equipment was installed on top of that. Commissioner Sielaff asked how many towers are in the City now? How many of those are freestanding? Ms. Stromberg referred to a map in their packet of all of the existing towers. Several of them are on water towers, but there are a total of 15 so far. Chairperson Kondrick asked the petitioner whether he had anything to add to the presentation? Rob Viera, Buell Consulting, Inc., stated, no, it was pretty thorough. Staff did a good job. Chairperson Kondrick asked Mr. Viera if he found the stipulations to be reasonable and acceptable? Mr. Viera replied, he has reviewed all the stipulations and can abide by all of them. Chairperson Saba asked the petitioner about the security? Mr. Viera stated it is not a concern of Clearwater. It is really a self-contained cabinet. Commissioner Sielaff asked Mr. Viera whether Clearwater has any other towers in Fridley? Mr. Viera replied, they have equipment being installed on three others. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING CLOSED AT 7:22 P.M. Chairperson Kondrick stated he has no problem with this. It is away from everybody. Commissioner Dunham stated he had no issue with it. MOTION by Councilmember Saba approving Special Use Permit, SP #10-10, by Buell Consulting Inc., for Minnesota Transfer Railway Co/MT Properties, to allow the installation of a 0 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 with the following stipulations: 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. Seconded by Councilmember Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the August 5, 2010, Housing and Redevelopment Authority Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the August 4, 2010, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the September 1, 2010, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the special use permit for Renaissance Adult Daycare was approved by the City Council at their September 13, 2010 meeting. She also stated that building should start on the Faulkner project within a few weeks. Ms. Stromberg stated the next Planning Commission meeting is scheduled for October 20, 2010. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:25 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary �