Planning Report

Date:	November 16, 1999

Case:	SP-217

Subject:	Special Use Permit

Applicant:	Nextel Communications

Request

To hold a public hearing and consider an application for a special use permit to install two digital wireless telephone antennas to an existing NSP tower and construct a small equipment building on the same site located at 2172 Old Highway 8 NW.

Findings

Section 6-010, I-1, Light Industrial District

Section 8-110, Special Use Permit

Site Characteristics

1.	Location:	2172 Old Highway 8 NW

2.	Lot Size:	The site is 2.7 acres or 118,800 square feet in size.

3.	Topography:	Flat

4.	Vegetation:	Landscaped

5.	Sensitive Areas:	None

6.	Comprehensive Plan Designation:	Industrial

7.	Zoning:	I-1, Light Industrial

8.	Surrounding Land Uses:

North:	I-1, Light Industrial

South:	I-1, Light Industrial

East:	I-1, Light Industrial

West:	I-1, Light Industrial

Site History

1.	Past Uses:	Industrial

2.	Historical Significance:	None.

Departmental Considerations

Community Development

1.	Proposed Use:	The applicant wishes to construct a small equipment building on the subject property which would serve a cellular antenna to be attached to the NSP tower on the same site. The two (2) cellular antennas are 9'x2' and will be attached on the NSP tower 105 feet from the ground. Total height of the tower is 162 feet.

2.	Building Setbacks:	Required:	40 feet (front yard)	Proposed: 60 feet

15 feet (side)	Proposed: 25 feet

20 feet (rear)	Proposed: 200+ feet

3.	Landscaping/Screening:	The applicant is not proposing to install any landscaping around the proposed structure, however, has indicated a willingness to screen the building if found necessary by the City. Staff has inspected the site and found that some screening is necessary. Additionally, in review of similar requests, including one by Nextel at the City's Water Tower site, landscaping has been required around these type of utility buildings. The City Forester reviewed the Plans and inspected the site and found that there is room on the site to plant three (3) six-foot tall Pine trees, one (1) on the south side of the utility building and two (2) on the west side.

4.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None proposed

2.	Curb Cuts:	Existing

3.	Utilities:	Available

4.	Easements:	Two easements are proposed: A 10-foot access easement is to be established off the existing driveway to the proposed utility building; A 10-foot wide access & utility easement is to be established from the building site to the NSP tower. The easements are established to provide access for repairs.

5.	Grading/Drainage:	NA

6.	Rice Creek Watershed District:	NA

7.	Environmental Concerns:	None

8.	MPCA:	Not Applicable

9.	Other Considerations:	None

Building Official

1.	Structure Size:	10 x 20 foot building

2.	Structure Height:	9 feet tall (complies)

3.	Exterior Treatment:	cast concrete with steel reinforcement with a pebble finish

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	NA

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Parks

1.	Proximity of Parks:	Long Lake Regional Park to the south

2.	Proximity to Community Facilities:	None

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Fire

1.	Hydrants:	None

2.	Access to Site:	Adequate

3.	Access to Structure:	Adequate

4.	Y Connection Location:	None

5.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

The Telecommunications Act of 1996 preempts Cities from prohibiting the placement of cellular antennas within the City limits if the proposal complies with land use regulations. The proposal for a cellular antenna and equipment building would comply with the I-1 district setbacks and would appear to comply with the standards of a Special Use Permit, subject to screening of the utility building.

The applicant is leasing space from the property owners Irvin and Judith Moen, attached is a copy of the lease agreement between the two parties.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of SP-217, subject to the following conditions:

1.	Installation of three (3) six-foot tall pine trees on the south and west side of the shed per the attached Plan.

Cary K. Teague, City Planner