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HomeMy WebLinkAbout01/16/1996MAPLEWOOD PLANNING COMMISSION Tuesday, January 16, 1996 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Callto Order 2. Roll Call 3. Approval of Agenda 4. New Business a. Lexus Dealership - Highway 61 North Wetland Buffer Variance Conditional Use Permit bo AT&T Tower - 1899 Clarence Street Tower Moratorium Variance Street Vacation (Curve Street) Conditional Use Permit c. Election of Officers 5. Visitor Presentations 6. Commission Presentations a. January 8 Council Meeting: Ms. Coleman b. January 22 Council Meeting: Mr, Rossbach 7. Staff Presentations 8. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc~pcagd Revised: 01/95 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Lexus Automobile Dealership Highway 61 January 3, 1996 INTRODUCTION The planning commission should act on the wetland buffer variance and the conditional use permit (Recommendations A & B). The community design review board should act on the design issues (Recommendation C). p:$ec3~Jexus2.mem MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Lexus Automobile Dealership Highway 61 January 10, 1996 INTRODUCTION Project Description Ryan Companies is proposing to build an 11,000-square-foot, one-story Lexus dealership north of Venberg Tire on Highway 61. Refer to the maps on pages 8-10. The proposed building would be rock-face concrete block, EIFS (exterior insulation finish system), a stucco-look material and glass. Requests The applicant is requesting that the city council approve: A 75-foot wetland buffer variance. City code requires a 100-foot-wide wetland buffer along the east edge of this site. The wetland buffer is to protect the adjacent wetland to the east, classified by the Ramsey-Washington Metro District as a Class1 wetland. Class 1 wetlands are those with conditions and functions most susceptible to human impact, are most unique, have the highest community resource significance and similar characteristics. The applicant is proposing a 25-foot-wide buffer. Refer to the letter on pages 11-12. A conditional use permit (CUP) for a maintenance garage. The sale of new and used vehicles is permitted. City code, however, requires a CUP for service and maintenance of cars. 3. Architectural, site and landscape plans. BACKGROUND Apdi 10, 1995: The city council approved a RLS (registered land survey) for the Ramsey- Washington Watershed District. The RLS created five tracts east of Highway 61 and south of County Road D. Tract E, east of the proposed Lexus site, was shaped to follow the outline of the existing wetlands. The watershed distdct owns Tract E. January 3, 1996: The Ramsey-Washington Metro Watershed District approved the grading permit for Lexus. According to Mr. Pat Conrad of the watershed district, their assessment of the adjacent wetland was to accept the proposed 25-foot-wide wetland buffer. It is still the city's decision whether or not to approve it, however. January 8, 1996: The city council ordered a water main extension project to provide city water to- - the proposed Lexus site. DISCUSSION Wetland Buffer Variance All setbacks meet code with the exception of the wetland setback to the east. The watershed district has agreed with the proposed 25-foot-wide buffer provided the applicant improve the quality of the existing buffer. According to Cliff Aichinger of the watershed district, the buffer around the wetland is very poor. Even though the required buffer width is proposed to be 25 feet wide, its quality would be enhanced to effectively improve the quality of the runoff going into the wetland. The applicant's architect, RLK Associates LTD, has agreed to meet his requirements for improving the buffer. These improvements include reshaping the slope to a maintainable 3:1 ratio, planting a native wetland-sensitive seed mixture and controlling all the runoff with catch basins. Conditional Use Permit The city council should approve the CUP. The proposal would meet the findings for approval. Since the city council ordered the extension of water to this site, approval of this CUP should be contingent upon the city entering into a contract for the construction of the water main extension. Deaign Considerations The applicant proposes to store all refuse and parts within the building. There is no need, therefore, for an outdoor trash enclosure. If trash is kept outside anytime in the future, a permanent outdoor enclosure would be required. The rock-face concrete block and EIFS exterior would be compatible with the other three auto dealerships south along Highway 61. The building colors should be submitted to the community design review board (CDRB) for approval. Landscaping The landscape plan is acceptable for the most part. The applicant, however, may need to add plantings along the wetland buffer if required by the watershed district. The applicant should also sod the boulevard instead of seeding it. Essentially, the boulevard is part of the front yard. It should be treated the same as the applicant's own property. Billboard Setback The future building expansion on the north end of the site would be too close to the existing billboard. The sign code requires that billboards be at least 100 feet from an on-site building or sign. According to the site plan, the billboard would be 37 feet from the future building. Lexus would have to apply for another CUP to be allowed to build within 100 feet of this sign. 2 Parking The applicant is proposing 117 parking spaces with the first phase-the code requires 55. The applicant proposes to use the remaining 62 spaces for auto-inventory parking. The city should require that Lexus post signs designating at least 55 parking spaces for their customers and employees. This is needed so they do not end up with the shortage of spaces and the congestion typical of auto dealerships. RECOMMENDATION Adopt the resolution on page 16. This resolution approves a 75-foot wetland buffer variance for the proposed Lexus dealership on Highway 61. Approval is based on the following findings: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. Approval is subject to the applicant doing the following: 1. Submitting a grading and landscaping plan subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District for the wetland buffer. Dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. Adopt the resolution on pages 17-18. This resolution approves a conditional use permit for a maintenance garage at the proposed Lexus dealership on Highway 61. Approval is based on the findings required by the code and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. Before the issuance of a building permit, the city must have a signed construction contract for the extension of the water main to the Lexus site. The water system must be_ operational before the issuance of a certificate of occupancy. The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit pdor to building this expansion. The future expansion must be at least 100 feet from the billboard. Approve the plans (stamped December 7, 1995) for proposed Lexus dealership on Highway 61 based on the findings required by the code. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: Dedicate and record a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. bo Submit a revised landscape plan providing for any planting and ground reshaping or restoration of the wetland buffer as may be required by the Ramsey-Washington Metro Watershed District. Replace the seed on the Highway 61 right-of-way with sod if allowed by the Minnesota Department of Transportation. The right-of-way shall have an in-ground lawn irrigation system unless prohibited by MnDOT. Before the issuance of a building permit, the city must have a signed construction contract for the extension of the water main to the Lexus site. The water system must be operational before the issuance of a certificate of occupancy. 4. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install reflectorized stop signs at both exits, a handicap parking sign for each handicap parking space and an address on the building. c. Screen all roof-mounted equipment visible from streets or adjacent property. (code requirement) d. Construct a trash dumpster enclosure, subject to staff approval, if there would be outside trash storage. (code requirement) Install an in-ground lawn irrigation system for the parking lot islands and the sodded areas between the highway and the parking lot. Lawn irrigation in the right-of-way may be waived if MnDOT will not allow it. f. Post signs designating at least 55 customer and employee parking spaces. g. Post one-way traffic signs for the narrow driveway beneath the canopy on the south side of the building. 4 5. The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit prior to building this expansion. The future expansion must be at least 100 feet from the billboard. 6. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. 7. Signage will be reviewed by staff through the This approval does not include the signs. sign permit process. All work shall follow the approved plans. approve minor changes. The director of community development may Traffic flow in and out of the Lexus dealership shall be reviewed by MnDOT. Any site plan change is subject to staff approval. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.63 acres Existing land use: Backyard Building Systems shed sales lot and Rainbow Play systems play equipment sales lot SURROUNDING LAND USES North: Owner-displayed used car sales lot South: Venberg Tire West: Highway 61 East: Vacant property (wetland) PAST ACTION May 28, 1991: The city council approved a vadance waiving the requirement for in-ground lawn irrigation and approved the site plan for Back Yard Building Systems. They display their buildings on the south half of the proposed Lexus site. September 28, 1992: The city council approved a CUP for Rainbow Play Systems. They display and sell backyard play equipment on the north half of the proposed Lexus site. June 13, 1994: The city council approved a CUP for a used motor vehicle sales lot for Clarence Lacktodn on the lot north of the proposed Lexus site. PLANNING Land Use Plan designation: M-1 (light manufacturing) Zoning: M-1 Ordinance Requirements Section 36-151(b)(9)(c) requires a CUP for maintenance garages. Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot-wide wetland buffer for the proposed Lexus site adjacent to the lot to the east. Section 36-292(b)(2) requires that billboards be no closer than 100 feet to a commercial, industrial or institutional building or an on-site sign. 6 Section 25-70 of the city code requires that the CDRB make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that is will not create traffic hazards or congestion. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Findings for Varianc® Approval State law requires that the city council make the following findings to approve a variance from the zoning code: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. "Undue hardship", as used in granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Criteria for Conditional Use Permit Approval Section 36-442(a) states that the city council may approve a CUP, based on nine standards.- (See findings 1-9 in the resolution on pages 17-18.) p:sec3~lexus2.mem Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Applicant's Narrative Statement for the Vadance Request dated December 5, 1995 5. Applicant's Conditional Use Permit Justification dated December 28, 1995 6. Vadance Resolution 7. Conditional Use Permit RseolutJon 8 Plans Date-stamped December 7, 1996 (separate attachment) 7 Attachment 1 V~KtNG D~. B JRI,;.E iA,' O) C~U~BERS coU~t I~ ,.~ ~ ~k'l] I JUNCTION K od Lok~ AVE. ~ LAR~ LOCATION MAP 8 N ----~i m ; ~'''' ":': ~" ": }... ! r.... 4.50et. t: ~..). ~ 3110 !' ~'0~ $09O SPARKLE AUTO SALES ~ ~ ~ --__[ R.L.S. _ _ ,~,. / ~) ~o.\5 it "i~OAD D th3) Attarh~+ ~ ~"; ....... M~.P-L~WbO'D OWNER TO OWNER AUTOMART NSP SUBSTATION 0.£9 ,,//~' ~ RAINBOW PLAY SYSTEMS ;/ B ~4) E (r~) WETLAND 'BACKYARD BUILDING SYSTEMS I'/~ .20 , ...~ VENBER~ TIRE , ;/ ' /~ 2980 ,/,' // · .. : f: // V sURV (~) NO. 466 PROPERTY LINE I ZONING MAP ~ PROPOSED LEXUS SITE 9 N Attachment 3 I I I I t.[ t t / I I t f/ I I I / I I I / I I I ~ / I / t t \ PltOPO$£O Irxu$ I t,O00 $.F. SITE PLAN 10 N DecemberS, 1995 NARRATIVE STATEMENT FOR VARIANCE APPLICATION Lexus Development o Highway 61 Tract D and G RLS No. S2S 'l'ne above stated properties are currently under ~ ownership of Howard and Raymond Lacktorin. The properties have been in the L~.ktorin fmnily for decades and a third brother, Clarence, owns a third parcel directly north ofTmct D. The site location and request for developrncnt of Tracts D and G will require a variance to Section 9-196 w,~_ !~,-,~ and streams, site plan approval, and a public watemmin imp~ project. The following narrative focuses on the variance request whereas a site plan approval application is being submitted concurrcntly ~__d a public hearing for the wn~'main project is scheduled for Janaar~ $, 1996. The subject property bas been existi~ in its current state for decades, currently the sites contni- a billboard and sheds for sale. 'l'ne zoning classification M-I Light Manufacturing allows the be in exoess ofthe M-1 zoning ~ct stsmtards. 'l'ne cban~e to the subject property bas occurred due to the wetland classification provided by the Ramsey Washington Metro Watershed Di.s'trict. The subject wetland edge essentially parallels the eastern p~ line of Tracts D and G. The delineation and analysis was provided by the Watershed staff. The wetland is classified as a Oroup 1 Wetland. The City of Maplewood Zoning Code Section 9-196, Wetlands and Streams, Item (la) ~ intti¢!¢_~ the awrage and mininlum ~ ora C~aup 1 w~'_Imntt buff~ shall be 100 f:~. Strict adhermce of a 100' wide buffer yard will rmd~-r Tract D and G of RLS 525 not d~lopable to a masomble use. The buffer yard was huposed onto the subject parcels when the City adopted the new standards of Section 9- 196 in April of 1995. 'l'ne wetland in question is compl~ly east of~ property line and is under the ownmhip of the Ramsey Washingum Metro Watmhed. The application dated D,~,mber 5, 1995, has been discmsed with City staff'and the administrator ofthe W~ Di,mict and will improv~ the ~dsting buffer edge condition. The 100' latffer ysrd sas not in existn~ prior to April 1995, and if applied would restrict rm$omblc use of the property. The subject pamels average less than 300' in width and imposilion ora 100 foot bufl~will comume l/3to 1/2 ofthe developable area. Duetothe ~ necessary en State Highway 61, the property cannot be putto a r~mscmable use under the existing __~i.g with a 100' buff~ yard classification. ~1995 -1- pg. 11 NAR.RA~ Uniquc cinmmsmnces to this property arc ~be edge of'the newly classificd wexland parallels thc eastern propcrty line. 'Ibc cmly change to the subject property bas bern thc ve~lami classification and ordinance of a buf~ yard setbac~ imposed onto Tracts D and G. Neither of which wcrc created by~ ~ ~. cl~ir~, TI~ proposed 25' bttfl~ will enable the parcels to be d~'vclop~ to a r~sonable use and improv~ the buffer yard ov~ present day candiU'ons. Ryan Construction Company of Minnesot~ Inc., requests the City Planning Commission and City Council approv~ a varian~ for a 25' buffer yard alon~ the ~ edge of Tract D and O of RLS 525. The applicant proposes to develop the site according to the plans submi~__~ on I)e.~'mber 5, 1995, provided n public watetmain services the property. pg. 12 December 1995 - 2 - NARRATIVE Attachment 5 ClVIL ENGINEERING · URBAN PLANNING · TRANSPORTATION' ENVIRONMENTAL LANDSCAPE ARCHITECTURE · CONSTRUCTION MANAGEMENT · LAND SURVEY ~ASSOCIATES LTD~ December 28, 1995 CiW of IVlapl~ Associate ?lann~r 1830 East County Road B Maplewood, MN 53709 Site plan submittal Conditional Use Permit Lexus Dealership State Highway 61 Dear Tom: On behalf of Ryan Construction Company of Minnesota, Inc., the applicant is requesting a Conditional Use Permit for construction of a maintenance garage in association with the site plan approval, variance, and watershed permit approval. As stated in the City Code Sections 36-151 (b) (9) on page 2241, the maintenance garage portion of the site plan application requires a conditional use permit. The primary function of the Lexus Dealership shall be the selling and display of new Lexus vehicles; a maintex~ance work area is an accessory component of the car dealership. The following responses to the criteria for a conditional use permit are based upon the site plan package submitted to the City of Maplewood on December 6, 1995 and on the grading permit plan set submitted to the Rams~ Washington Metro Watershed District on December 8, 1995. The use wouM be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. The existing zoning is M-1 manufacturing which allows as an outfight use car dealerships and display lots. The majority of car dealerships on Highway 61 have as a service to their olstomers a llaaintg~lallce fagility specifically integrated.into the car dealership operation. The property to the south, Venberg Tire, cummfly has operational maintenance garages as does the Toyota Dealership located across Highway 61. The proposed maintenance garage will occupy approximately 3,500 sq. fi. of the proposed 11,000 sq. fi. facility. All maintenance on the vehicles will occur within the structure as required by Code. The exteriOr of the mainteaance area will be constructed of the same rock-faced concrete masonry units as the ahowroom and customer service area. 13 (612) 933-0972 · 6110 Blue Circle Drive · Suite 100 · Minnetonka, MN 55343 · FAX (612) 933:1153 Tom Eksuand page 2 Deccmbcr 28, 1995 2. The use would not change the existing or planned character of the surrounding area. The proposed use would improve the existing land use from a lot selling wooden sheds to a pernmnent structure compatible with all applicable Design Review Committee criteria and building codes. Removal of the blighted visual condition of the lot would occur ffthe site plan, public watermain and variance are approved. The planned character of the area is M-1 and the proposed structure exceeds the design requircment~ of a manufacturing 3. The use would not depreciate property values. The property values will incrca.se due to the water availability to the property and investment in the bui?din~o and site. Second~y, the improvcment to the slope adjacent to the wetland will elimi,mto, the erodable slope conditions and undesirable ground cover. The proposed gr~_din_o plan will improve the water quality, revegct~te the slope with native and appropriate grass species, conducive to an improved wetland and wildlife habitat. The use would not tnvolve any activ'ity, process, materials, equipment or methods of operation that wouM be dangerous, _i~__zardous, de,mental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, :odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness, electn'cal interference or other nuisances. The proposed will not involve any of the above activities due to its location in an M-1 district and lack of residential properties nearby. The exterior lights are a down cast cut off ~o. tre at a 24' height and will illuminat~ the parking lot and display areas. The use would generate only minimal vehicular traffic on local streets and wouM not create traffic congestion or unsafe access on existing or proposed streets.. The proposed site plan will only have access from the northbound lanes of State Highway 61. Southbound lraflic on St~t_~ Highway 61 will not have access to the site. The cntrancc to the site will be coordln~t_~J with the ]V[innesota Department of Transportation and will require a driveway access permit. The location of the Lexus dealership was selected based upon the traffic already on Highway 61 and the surrounding land uses. This car dealership will not adversely affect the ex, nE tra~c on Highway 61 or any local street. 2'he use would be served by adequate public facilities and services, including streets, police and flre protection, drainage structures, water and sewer systems, schools and parks. The project will require a public watermain source, which has already been petitioned by the applicant. A public hearing has been scheduled for January 8, 1996..Without a public watem~in source, this project will not p~__~_. The MWCC hn~ been contacted and will allow connection to the sanitary sewer. Storm drainage from the site has becn discussed with the City and Watershed. A grading pea'mit and plan s~t has been submitted to the watershed for approval. Tom 1;.kntrand page 3 December 28, 1995 7. The use would not create excessive additional costs for public facilities or services. The public facilities of Maplewood will be expanded and the general public better served in terms of fire safety by the installation of a watenvain fi.om Bean Avenue to County Road D. Additionally, the value of the properties which would have f~re and domestic water will increase the anticipated tax base in Maplewood. The use wouM maximize the preservation of and incorporate the site's natural and scenic features into the development design. The proposed use has been designed to enhance the wetland edge and provide a buffer yard area between the development and the wetland. The erodable slopes will be eliminated and a buffer yard at a 3:1 slope will be created along the entire wetland boundary. The buffer yard width of 25 feet will allow the site to be developed, and the wetland edge and buffer yard improved at no cost to the watershed district. The applicant has met with City staff and watershed s~aff prior to submittal of the site plan. The proposed plan present~ a win- win situation for the applicant, City and watershed. 9. ~ The use would cause minimal adverse environmental effects. As stated, all stormwater will be conlxolled and channeled through outlet structures with appropriate rip rap and erosional/sedimentation controls in place. Secondly, the gnnintenallce ~xage oporation~ will be located within the proposed structure. All wain~'nance operations regarding recycling waste products/oils of the vehicles will be performed to state building codes and MPCA regulations. Thank you for your timely response to the site plan, variance and conditional use permit on the proposed Lexus dealership on Highway 61. If you have any additional questions in regard to this application, please do not hesitate to contact Gary Prinsen at 336-1214 or myself at 933-0972. Sincerely, RLK Associates, Ltd. John Dietrich, ASLA Gary Prinsen C~'eg Madsen Melinda Coleman enclosurc: Conditional Use Application Form 15 Attachment 6 VARIANCE RESOLUTION WHEREAS, Ryan Construction Company of Minnesota, Inc, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to property on the east side of Highway 61 between Beam Avenue and County Road D. The legal description is: Tracts D and G, Registered Land Survey No. 525 WHEREAS, Section 36-196(h)(3) of the wetland protection ordinance requires a 100-foot- wide wetland buffer. WHEREAS, the applicant is proposing a 25-foot-wide wetland buffer. WHEREAS, this requires a variance of 75 feet. WHEREAS, the history of this variance is as follows: 1. On January 16, 1996, the planning commission recommended that the city council this variance. 2. The city council held a public hearing on ,1996. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance for the following reasons: 1. Stdct enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 100-foot-wide wetland buffer requirement would make development of this site difficult. The difficulty was created by the new ordinance. 2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant would improve the quality of the wetland buffer substantially over its present state. Approval is subject to the applicant doing the following: 1. Submitting a grading and landscaping plan subject to the requirements of the city staff and the Ramsey-Washington Metro Watershed District for the wetland buffer. 2. Dedicating a wetland-buffer easement. This easement shall describe the boundary of the buffer and prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for this easement before the city will issue a building permit. Adopted on ,1996. 16 Attachment 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ryan Construction Company of Minnesota, Inc. applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Lexus dealership; WHEREAS, this permit applies to property on the east side of Highway 61 between Beam Avenue and County Road D. The legal description is: Tracts D and G, Registered Land Survey No. 525 WHEREAS, the history of this conditional use permit is as follows: 1. On January 16, 1996, the planning commission recommended that the city council approve this permit. On _, 1996, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the headng a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 17 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. o The city council shall review this permit in one year. Before the issuance of a building permit, the city must have a signed construction contract for the extension of the water main to the Lexus site. The water system must be operational before the issuance of a certificate of occupancy. The future expansion is not allowed. The applicant must apply for design approval and an amendment to the conditional use permit prior to building this expansion. The future expansion must be at least 100 feet from the billboard. Adopted on __, 1996. 18 MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Thomas Ekstrand, Associate Planner Code Variance, Street Vacation, Conditional Use Permit and Design Review - AT&T Cellular Telephone Tower 1899 Clarence Street January 10, 1996 INTRODUCTION Project Description Ted Olson, of AT&T Wireless Services, is proposing to install a cellular-telephone tower facility. Mr. Olson proposes this facility behind Woodbury Mechanical's storage garage at 1899 Clarence Street. Refer to the maps on pages 10-13. The tower would be 150 feet tall. It would be a monopole tower with no guy wires. The applicant als0 would install a 12- by 28-foot precast- concrete building to contain the electrical equipment for the tower. This would be a one-story building with a fiat roof. The building would be embossed with a brick pattern. - Refer to the photocopies and the written explanation on pages 17-20. Requests Ted Olson, of AT&T Wireless Services, is requesting that the city council approve: 1. A variance from the code establishing a one-year moratorium on the installation of any telephone, television or radio towers. A street vacation for the 600-foot-long section of Curve Street lying west of the property. This section of Curve Street is 30 feet wide and runs between Frost Avenue and Summer Avenue. Refer to the map on page 10 and the letter on page 16. A conditional use permit (CUP) to put up a 150-foot-tall cellular telephone tower. (AT&T recently proposed this facility on the Wanless Construction site at 1840 English Street. They chose the new location due to strong neighborhood opposition over the previous site.) 4. The building design and site plans. BACKGROUND Moratorium December 18, 1995: The city council adopted the moratorium ordinance against the installation of any telephone, television or radio transmission/receiving towers. The moratorium would last for one year, unless the city council adopts regulations sooner that govern the installation of tower facilities. DISCUSSION Variance AT&T is requesting a variance from the antenna and tower moratorium to allow the construction of the cellular-telephone monopole. In order for the council to approve this request, they must determine that the proposal would be compatible with both the existing and proposed land use and zoning. It must also be found to be in keeping with the spirit and intent of the ordinance. To make the findings for approval, the following issues should be addressed: 1. Is it compatible with the existing lend use and zoning and appropriate with the BC-M (business commercial-modified) district? The proposal would be compatible with the existing and proposed land use and zoning. It would cause less impact on the nearby homeowners than the previously proposed English Street site. There are fewer residential neighbors that would be effected. At the Wanless Construction site, seven of the 27 property owners notified (26%) opposed this proposal. At the current site, two of the 32 surrounding property owners notified (6%) opposed the tower. The design of the proposed building would also fit in with the surrounding commercial development. Based on the few objections received from our survey, and the nearby commercial development, the proposed location would be compatible with this neighborhood. 2. Would this request meet the spirit end intent of the ordinance? Since the proposed use would be compatible with the land use and zoning, it would also meet the spirit and intent of the ordinance. Has the applicant demonstrated that the location of the proposed monopole is necessary to meet the frequency, reuse and spacing needs of the cellular system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antenna in a less restrictive district. The applicant has demonstrated this in his letter of request and justification on pages 17-20. Will the monopole be located on · continuous parcel having · dimension equal to the height of the pole located nearest to the property line? If not, has s qualified structural engineer specified that any collapse of the pole will occur within a lesser distance under ell foreseeable circumstances? The proposed monopole would be closer to the nearest lot line than the height of the pole (150 feet). The proposed monopole, however, would be further than 150 feet to the nearest residence. The applicant has stated in his letter that the proposed monopole will be engineered and manufactured by Valmont Industries, Inc. of Valley, Nebraska. They will provide the required engineering information to the building official for the building permit. 5. Is the monopole end equipment building located in a rear yard area and will the epplicant meet ell building end setbeck requirements? The proposed pole would be in a rear yard and it would meet all setback requirements upon the vacation of Curve Street. Without this vacation, the proposed pole would encroach onto the Curve Street right-of-way. All building codes must, and would, be met. 6. Does the project meet all site plan review requirements and is the building screened from view with landscaping or other structures? Provided the city council vacates Curve Street, all site plan review requirements would be met. The community design review board conditionally approved this project on January 9, 1996. No screening was required because the proposed building and tower would be behind other buildings. Screening for the building does not seem warranted due to the placement of the proposed building. Screening could be required, however, if the council would find it to be beneficial. Street Vacation The city council should vacate Curve Street. The abutting neighbors have signed a petition in favor. There are no lots that it would serve. All of the parcels east of this right-of-way already have access from Clarence Street. Mr. Jan Sundgaard, of 1865 Clarence Street, has a large side yard that he might possibly build a new home on. This, however, is subject to verification of the amount of land area he has and the location of his house. If Mr. Sundgaard did build, access would come from Clarence Street, not Curve Street. The applicant needs this vacation to build their facility. Without the vacation, they would not meet the required building setbacks for the tower and building. In fact, the building would be partially within the right-of-way as would the two proposed parking spaces. As a condition of this vacation, the city should retain a 10-foot-wide utility easement for an existing storm sewer pipe. There is an existing storm sewer in place north of the Woodbury Mechanical property. The easement, however, is not wide enough. Ten additional feet are needed. Refer to the map on page 11. Conditional Use Permit The city council should approve this request. This project meets the criteria for a CUP. As stated above in the variance discussion, there is very little neighborhood opposition to this proposal. Eighty-one percent of those surveyed did not even respond. The design of the building would also be compatible with the adjacent commercial structures. As noted above under the street vacation discussion, additional easement width is needed on the Woodbury Mechanical property for the existing storm sewer pipe. If the council approves this CUP, they should require this easement dedication as shown on page 11. 3 Building Design and Site Issues The design and exterior of the proposed building would fit in with the nearby commercial buildings. The applicant should, however, design the building with a hip roof to be compatible with Woodbury Mechanical's roof design. Mr. Olson has agreed to do this. There are several round concrete culvert sections behind the building which Mr. Olson has agreed to clean up when building their facility. It is not possible to see if there is any other debris around the site that should be cleaned up because of the snow. The CDRB should require the removal of the culvert sections and site clean up as conditions of this approval. Mr. Olson has agreed to remove the culvert sections when they build their facility. Access to the two proposed parking spaces for AT&T would be blocked by a semi-trailer, truck and small fiat-bed trailer located on the north side of the Woodbury Mechanical building. These would have to be moved to provide clear access to the proposed parking spaces. RECOMMENDATIONS A. Adopt the resolution on page 21. This resolution approves a variance from the monopole installation moratorium for AT&T's proposed 150-foot-tall cellular telephone tower at 1899 Clarence Street. Approval is based on the following reasons: 1. The proposed AT&T monopole and building installation would be compatible with the existing and proposed land uses and zoning. 2. 94% of the surrounding neighbors notified of this project voiced no objection to this request. 3. The use would be in keeping with the spidt and intent of the ordinance because of compatibility. 4. The proposed facility is needed to improve service to AT&T's users based on their tower- spacing requirements. 5. The proposed monopole would not cause any radio or television interference. 6. The proposed monopole would be designed by a qualified structural engineer. 7. All setback and building code requirements would be met. 8. The facility has met with the approval of the Maplewood Community Design Review Board. B. Adopt the resolution on page 22. This resolution vacates the Curve Street right-of-way between Summer Avenue and Frost Avenue. It would be in the public interest to vacate Curve Street because: 1. There are no abutting lots that could benefit from its construction. 4 2. The right-of-way width is only 30 feet wide. The minimum right-of-way width required is 60 feet. 3. The city has no intention to build Curve Street. Approval of this vacation shall be subject to the city retaining an easement for utility purposes over, under and across all that part of vacated Curve Street adjacent to Block 6, GLADSTONE, Ramsey County, Minnesota, which lies Southerly of the Westerly extension of a line drawn parallel with and 20.00 feet Northerly of the South line of Lot 1 of said Block 6, and which lies Northerly of the Westerly extension of a line drawn parallel with and 10.00 feet Southerly of the North line of Lot 2 of said Block 6, GLADSTONE. Adopt the resolution on pages 23-24. This resolution approves a conditional use permit to allow a 150-foot-tall cellular telephone tower at 1899 Clarence Street. Approval is based on the findings required by the ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. The city council shall review this permit in one year. The property owner shall dedicate a utility easement for storm sewer purposes to the City of Maplewood over, under and across the North 10.00 feet of the West 65.00 of Lot 2, Block 6, GLADSTONE, Ramsey County, Minnesota. Approve the plans date-stamped December 21, 1995, for a 150-foot-tall cellular telephone tower and equipment building at 1899 Clarence Street. Approval is based on the findings required by code and subject to the applicant doing the following: 1. Repeat this review in one year if the city has not issued a building permit for this project. 2. Obtain the following city council approvals: a. A variance from the moratorium ordinance. b. A conditional use permit. c. The vacation of Curve Street west of Woodbury Mechanical's property. Before getting a building permit the applicant shall submit revised building elevations, for staff approval, showing a hip roof on the proposed equipment building. The color of the building shall match, or be compatible, with Woodbury Mechanical's building. Before getting a certificate of occupancy, the applicant shall: a. Remove and dispose of the round concrete culvert sections behind the Woodbury Mechanical building and make sure the site is cleaned up. b. Relocate or remove the semi-trailer, truck and small fiat-bed trailer from the north side of the Woodbury Mechanical building to allow access to AT&T's two parking spaces. c. Pave a driveway extension and two striped parking spaces for this facility (code requirement). 5. If any required work is not done, the city may allow temporary occupancy if: o a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150% of the cost of the unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. CITIZENS' COMMENTS I surveyed owners of the 32 properties within 350 feet of the proposed tower site. Of the six replies, three were in favor, two objected and one owner had a miscellaneous comment. In Favor What's good for AT&T is good for Maplewood. (Jablonski, 1763 Maryknoll Avenue) Opposed 1. It is too close to housing. Why not put a pole across English Street in open space area? (Dean, 1881 Ide Street) 2. It is not aesthetically pleasing. This tower would be more appropriate in an industrial-zoned area. (Sundgaard, 1865 Clarence Street) Miscellaneous Comment Hello, we are new to the neighborhood. I'm not sure what to put on the proposal, we only moved in a month ago. We live at 1896 Clarence. I was looking at the map, it looks like this antenna would be real close to us. I guess I will go with the majodty vote, but I'm not real sure of the pros and cons. You can send me more information about this proposal, otherwise I guess whatever the rest of the neighborhood wants is fine with me. Thank you. (Ddscoll, 1896 Clarence Street) REFERENCE INFORMATION SiTE DESCRIPTION Site size: 29,600 square feet Existing land use: Woodbury Mechanical garage SURROUNDING LAND USES North: Richard's Market South: The back yards of single dwellings West: Undeveloped Curve Street and abandoned railroad right-of-way (future trail) East: Clarence Street, single dwellings and Gladstone fire station PAST ACTION Previous AT&T Proposal December 11, 1995: AT&T withdrew their application for their tower facility on the Wanless Construction property. Other Tower Sites April 23, 1984: The city council granted a CUP for MCI to install a 280-foot-tall radio and telephone communications tower on the south side of Highwood Avenue. This facility is next to Carver General Auto Repair and two single dwellings. MCI's facility also had two equipment buildings and a fenced yard for security. KSTP radio station on Highway 61 has two tower sites - one on each side of the highway. The Proposed Site On July 17, 1990, the Community Design Review Board (CDRB) approved plans for the construction of the 1,800-square-foot storage garage for Woodbury Mechanical on the subject property. PLANNING Land Use Plan designation: BC-M (business commercial modified) Zoning: BC-M Ordinance Requirement Section 36-437(1) requires a CUP for public utility, public service or public building uses. The proposed tower is a public service use. 8 Vacation-Finding for Approval To vacate right-of-way, state law requires that the city council must find that it would be in the public interest. Conditional Uae Permit-Findings for Approval Section 36-442(a) requires that the city council base their approval of a CUP on nine standards for approval. Refer to the resolution on pages 23-24. p:eec15~at&tS.cup Attachments: 1. Loc~on Map 2. Lend Use Plen Map 3. Property Une/Zoning Map 4. Site Plen 5. Photocopy of the proposed tower 6. Photocopy of the proposed building 7. Applicant's Street Vaca'don Juetfic~on dated December 8, 1995 8. Applicant's Conditional Use Permit Justific~on and Project Explanation dated December 8, 1995 9. Variance Resoluton 10. Street Vacation Resolu'don 11. Conditional Use Permit Resolution 12. Site plan/survey date-stamped December 21, 1995 (separate attachment) 13. Colored photocopies of tower end building (separate attachments) Attachmen% 1 ! ::.'~ ~KING DR. AURIE: CT B JI~KE OD PALM CT. COUNTY ROAD C NOR AVE. AVE. NTON AVE. FRISBIE ~H£RR£N AVE. AVF_ · BROOKS AVE. Z z I. eke AVE:. AVE. ROSE'WOOD AVl. PAUL LOCATION MAP 10 Attachment 2 Avl. ii II ~1 I. NC~;imljor~kcollector ,, major arterial GLADSTONE NEIGHBORHOOD LAND USE PLAN N Attachment 3 5 ~0 II R'S MEATS ---FROST- IIII I-- ' L&L' HALL MIKE S LP ff~7~ DENTAL ._L~B 11-~ T~ i i]~-! .'.'t [-~-'; GLADSTONE FIRE STATION:I A~T~NNA $IT~) <~ PROPOSED HOMES '~(~ GLADSTONE;~ ;WINDOW t, A.D DOOR STO.E · ! i ~~ ~ I~'CURVEST-I-~E"-ETRIGHT-O~-W~ [ I~~~~' / ~PROPOSED TO BE VACATED I I I, ~~q~l ~ Il.i,~~, , , -- .I ~ ~ ~ ~"~ · I L~~~ ~,L~ ' ~ ,, ' i~~~~ I F~--~+~ ,', ~ ~, - (PREVIOUSLY PROPOSED ANTENNA SITE) PROPERTY LINE I ZONING MAP 12 FROSTAVENUE ,,~-~:=~-,. -,~ -..- _ _ _ ~'//~ ~ / I I I STORM SEWER LOCATION ~/-' ~4'o4'./~" RICHARD'S MARKET PROPOSED SHE PROPOSED MON~ Attachment 4 UTILITY EASEMENT REQUIRED WOODBURY MECHANICAL i SITE PLAN '13 Attachment 5 Attachment 6 Page 15 Attachment 7 C~llulmr Divlmion December 8, 1995 AT&T Wireless Services 2515 24th Avenue South Minneapolis, MN 55406 612 721-1660 FAX 612 721-4770 Honorable Mayor and City Council Members Planning Commission City of Maplewood 1830 East County Road B Maplewood, MN. 55109 RE: Curve Street Right of Way Vacation Honorable Mayor, Council Members and Commissioners: This letter accompanies an application for a Public Vacation of Curve Street between Frost and Summer Avenues. The request is being made in the name of AT&T Wireless Services. The fee owners of the property have consented m this application and have entered into a lease for a portion of their property. The reason for the request is to allow construction of a small building proposed to be constructed to the west of an existing structure at 1899 Clearance Street. By vacating this right of way, it will allow the applicant to meet set back requirements. There is no public need for this street as it has not been constructed and it's 30 foot easement width is too narrow to allow for 2-way traffic. This street was to have been a one-way street and opposing traffic would have been carried by Ridge Street on the opposite side of the Northern Pacific Railway Co. easement. The Ridge Street right of way was vacated per Document # 1801806 filed 6-25-71. All lots abutting this right of way in this area currently have access to Clearance Street. Thank you for your consideration. Sincerely, Ted Olson Property Manager enclosures ~T.~? Recycled Pal:mr 16 Attachment 8 Cellular Dlvlolon December 8, 1995 AT&T Wireless Services 2515 24th Avenue South Minneapolis, MN 55406 612 721-1660 FAX 612 721-4770 Honorable Mayor and City Council Members Planning Commission City of Maplewood 1830 East County Road B Maplewood, MN. 55109 Conditional Use Permit Application Cellular Telephone Antenna Site 1899 Clarence Street Honorable Mayor, Council Members, and Commissioners: This letter accompanies an application for a Conditional Use Permit to consmact a cellular telephone antenna site on land owned by Tim and Jeff Eldridge. The property is currently being used by the Eldridges in conducting his business under the name of Woodbury Mechanical, Inc. The request is being made in the name of AT&T Wireless Services ("AT&7"). The fee owners have consented to this application and have entered into a lease agreement with the applicant for a portion of their property. Site drawings of the property and a picture of a similar site accompany this letter. As you are aware, AT&T recently withdrew an application for a Conditional Use Permit for this use at 1840 English Street. The decision to withdraw that application was made after the City Council meeting of November 27, 1995, where a number of area residents and council members expressed the opinion that this use would fit bettter in the area surrounding the intersection of Frost and English Streets. Since that meeting, AT&T representatives have worked extensively to fred an alternate location for the proposed cellular antenna site. We have explored and analyzed every available possibility. While this proposed new site will not allow AT&T to provide the quality of service that we had hoped to achieve in this area, it does satisfy the concerns of the Councilmembers and those residents. The Proposed Use. The site would be used by AT&T Wireless Services, one of only two companies who have been licensed by the Federal Communications Commission (FCC) to provide cellular communications services to the Twin Cities. The proposed project would include a steel monopole with antennas attached to it and the consuuction of an equipment building to accommodate cellular radio and switching equipment. A site is needed in this area for the following reason: · The need for improved cellular coverage as dictated by our customers ~ Recycled Paper Cellular Telephone Antenna Site 1899 Clarence Street Page 2 The Monopole. The proposed monopole will provide the support for the cellular antennas. It is constructed of steel, is completely self-supporting, and will be painted to blend with the sky. It will be engineered and manufactured by Valmont Industries, Inc. of Valley, Nebraska. We will provide detailed engineering data for permitting purposes to your Building Inspections Department when Equipment Building. The proposed equipment building will house radio, computer, and climate control equipment for this site. The equipment is powered by 220 volt, single phase, AC electric. It will be connected to AT&T Wireless Services' central switching offices via traditional telephone lines. As a result, no one will need to be present at the site on a daily basis. There will only be an occasional visit (average of once a month) for routine maintenance. The equipment produces no noise, smoke, fumes, glare, or odor. The building itself is approximately 12' wide, 28' long, and 10' high. It is manufactured of pre- cast concrete with a brick facade to meet your codes. It will be brought to the proposed site by truck, off- loaded, and set on permanent concrete footings. Antennas. The antennas will be auached to the monopole and will transmit and receive the FM radio signals that carry voice and data between the cellular system users and AT&T Wireless Services' central switch. The physical size of the antennas depends on the type and manufacturer. The area in which cellular coverage is n .cedi. e~....l.~gely de£mes the. required an?n.na he!g.ht, t the Naturally, topography and surrounding .m~es,a~_d .buildm.gs al~ play.an .m?o~ ..r~mt~r?.l_e~.m__a~__..v~__g.~' ,~.:~ appropriate height. AT&T Wireless Services engineers nave oetermmea mat me nclgm nc,~c~amy ar ,l.~ location is 150 feet. The Cellular Phone System. Users of cellular telephone service include members of the business community as well as the public sector. Commuters, doctors, salespeople, business owners and executives all benefit by using cellular phones. Additionally, cellular telephones are used extensively by f'u~, police, and other public safety officials and deparlments. The system allows police and others to conduct discreet communication in the field, and it enables direct communication with individuals in need of assistance even when a traditional telephone is unavailable. Cellular phone users can contact '911 ~ to report accidents, f'uv.s, or other emergencies without f'u'st having to search for a telephone. The Question of Interference. The cellular phone system operates on a specific set of channels set aside by the Federal Communications Commission. The filtering of spurious signals is very tightly controlled. Cellular Cellular Telephone Antenna Site 18~3 Clarence Street Page 3 telephones operate within a strictly regulated set of allotted frequencies between 825 and 845 megahertz (MHz) and between 870 and 890 MHz. AT&T Wireless Services is currently licensed to operate m over 100 major markets nationwide with hundreds of antennas. There has not been any instance of television or radio interference reported. All AT&T Wireless Services sites must be operated in accordance with our FCC license to provide cellular service in this area. 1~. Albert S. Jarratt, Jr., Engineer in Charge of the St. Paul Field Office, Field Operations Bureau of the FCC, confirmed that the FCC has not received any complaints of interference by cellular phone transmissions with home electronic entertainment equipment in any of the five states in which Mr. Jarratt's office has jurisdiction. The Conditional Use Permit. The City of Maplewood, in it's Conditional Use Permit Application and zoning ordinances set forth the following standards by which the City Council shall approve, amend, or deny a conditional use permit: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. One of the purposes and intents of the Zoning Ordinance and the Comprehensive Plan is to provide essential services to the public, including communication services. For the reasons set forth in greater detail above, a cell site in this general location is necessary to provide adequate cellular telephone service to this area of the City and surrounding areas. Allowing the cell site to be located here, subject to reasonable conditions, is consistent with the purposes and intent of the Zoning Ordinance and Comprehensive Plan. 2. The use would not change the existing or planned character of the surrounding area. The City's zoning map designates the site for Business Commercial uses and is currently being used as a consmaction company's offices and storage yard. The site is bordered to the north by other commercial uses, to the west by a large open parcel that could someday develop into a mixed use Planned Unit Development containing business and commercial uses, to the east by a vacated railroad bed owned by Ramsey County, and to the south by a mix of single family and high-density residential. The proposed communications facility is designed to serve those types of uses, as well as the general public. Providing improved cellular telephone capacity and coverage for these uses will have a positive impact on the present and future character of the surrounding area. 3. The use would not depreciate property values. AT&T Wireless Sexvices has installed over 100 cell sites throughout the state. In no instance has there ever been any evidence that a cell site has caused any depreciation of surrounding property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or airpollution, drainage water run-off, vibration, ~eneral unsightliness, electrical interference or other nuisances. As set forth in greater detail previously m this letter, the proposed use will not be detrimental in any way to the health, safety or general welfare of the community. To the contrary, providing improved cellular telephone coverage and capacity will be beneficial to the community. Cellular Telephone Anmnna Site 1899 Clarence Street Page 4 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe acc.e.s.s, on. .e~is~g orxvroposea s~eets:~_eca___u~__ o.f_th~e.,e~.omputerized operation of this mctmology, site vis,ts wm ~ m~rextuent. ~m average, ~ess man one a 6. The use would be served by adequate public facilities and services, incluch'ng streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The only public utilities or services that the proposed use requires is electrical service, which is ample for AT&T Wireless Services needs at this site. 7. The use would not create excessive additional costs for public facilities or services. See/~6 above. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design, ledA 9. The use would cause minimal adverse environmental effects. The use would have no adverse environmental effects of any kind. 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Under section 22.914 of title 47 of the Code of Federal Regulations, the FCC requires AT&T Wireless Services to provide reliable cellular service to all who request it ia this area. The iacreasing number of cellular users ia this area makes this quite difficult without the proposed site. Many cities, because of this Federal mandate, have deemed our building and monopole an "essential service structure," and therefore waiving the need for a conditional use permit altogether. The granting of the CUP will alleviate problems for AT&T Wireless Services and it's customers in this area, including city and county departments of public safety. Conclusion. This letter should serve to better explain our application and to answer some of your questions. If I can be of further assistance, please feel free to contact me at 612-844-6742. I will be ia attendance at the Harming Commission and City Council meetings to address any additional questions that you may have. AT&T Wireless Services appreciates the assistance that we have already received from the City's Staff, and we look forward to working with you to better serve the area. Thank you for your consideration. Ted Olson Property Manager 2O Attachment 9 VARIANCE RESOLUTION WHEREAS, AT&T Wireless Services applied for a variance from the moratorium ordinance. WHEREAS, this variance applies to 1899 Clarence Street. The legal description is: Lots 2-6, Lot 22 and the south 25 feet of Lot 23 in Block 6, Gladstone. WHEREAS, the Maplewood Code of Ordinances requires a moratorium against the installation of any communications towers for one year, unless the council adopts new regulations sooner. WHEREAS, the applicant is proposing to install a cellular telephone tower contrary to the provisions of the ordinance. WHEREAS, the history of this variance is as follows: 1. On January 16, 1996, the planning commission recommended that the city council this variance. 2. The city council held a public hearing on __, 1996. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance for the following reasons: 1. The proposed AT&T monopole and building installation would be compatible with the existing and proposed land uses and zoning. 2.94% of the surrounding neighbors notified of this project voiced no objection to this request. 3. The use would be in keeping with the spirit and intent of the ordinance because of compatibility. 4. The proposed facility is needed to improve service to AT&T's users based on their tower- spacing requirements. 5. The proposed monopole would not cause any radio or television interference. 6. The proposed monopole would be designed by a qualified structural engineer. 7. All setback and building code requirements would be met. 8. The facility has met with the approval of the Maplewood Community Design Review Board. Adopted by the Maplewood City Council on 21 Attachment 10 VACATION RESOLUTION WHEREAS, AT&T Wireless Services applied for the vacation of the following described street: The Curve Street right-of-way lying west of Block 6, Gladstone. WHEREAS, the history of this vacation is as follows: 1. On ,1996, the planning commission recommended that the city council this vacation. 2. On ,1996, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The council gave everyone at the hearing a chance to speak end present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Lots 1-12 and Lot 29 Block 6, Gladstone. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation. It would be in the public interest because: 1. There are no abutting lots that could benefit from its construction. 2. The right-of-way width is only 30 feet wide. The minimum right-of-way width required is 60 feet. 3. The city has no intention to build Curve Street. Approval of this vacation shall be subject to the city retaining an easement for utility purposes over, under and across all that part of vacated Curve Street adjacent to Block 6, GLADSTONE, Ramsey County, Minnesota, which lies Southerly of the Westedy extension of a line drawn parallel with and 20.00 feet Northerly of the South line of Lot 1 of said Block 6, and which lies Northerly of the Westedy extension of a line drawn parallel with and 10.00 feet Southerly of the North line of Lot 2 of said Block 6, GLADSTONE. Adopted by the Maplewood City Council on ,1996. 22 Attachment 11 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, AT&T Wireless Services applied for a conditional use permit to install a 150-foot-tall cellular telephone tower. WHEREAS, this permit applies to 1899 Clarence Street. The legal description is: Lots 2-6, Lot 22 and the south 25 feet of Lot 23 in Block 6, Gladstone. WHEREAS, the history of this conditional use permit is as follows: 1. On ~, 199_, the planning commission recommended that the city council approve this permit. The city council held a public hearing on t, 199_. City staff published a notice in the paper and sent notices to the surrounding properly owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 23 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall dedicate a utility easement for storm sewer purposes to the City of Maplewood over, under and across the North 10.00 feet of the West 65.00 of Lot 2, Block 6, GLADSTONE, Ramsey County, Minnesota. Adopted by the Maplewood City Council on 1996. 24 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner Planning Commission Elections December 20, 1995 INTRODUCTION The planning commission's rules of procedure state that the commission will elect a chairperson and vice-chairperson at the second meeting of each calendar year. The current chairperson is Les Axdahl. The vice-chairperson is Lorraine Fischer. RECOMMENDATION Elect a chairperson and vice-chairperson. kr/p/misc/pcelectn.mem