Planning Report

Date:	May 16, 2000

Case:	SP00-7

Subject:	Special Use Permit

Applicant:	US West

Request

To hold a public hearing and consider an application for a special use permit to take down an existing 41- foot emergency siren pole and construct a new 60-foot pole to house both the emergency siren and three digital wireless telephone antenna/panels. Each panel is 4 feet x 7.5 inches and will be attached at the top of the pole, underneath the emergency siren. The emergency siren will extend above the pole by 5-
feet, and because of the increased height will be heard over a greater area. Additionally, at the bottom of the pole, US West is proposing to construct three 5-foot tall cabinets. The subject property is located at 2400 Mississippi Street, which is the Creekview Park site, which also houses City Well #12.

Findings

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

Section 8-110, Special Use Permit

Related Past Action

On May 22, 1997 the City Council approved LP-323 to allow construction of a 75-foot tall telecommunications monopole at the US West site located at 390 Cleveland Avenue.

On November 26, 1996 the City Council approved LP-321 to allow a 100 foot high telecommunications monopole on the Rapid Print site at 1415 1st Avenue NW.

On November 28, 1995 the City approved LP-307 allowing a 125 foot high telecommunications monopole to be constructed on the Darling rendering plant site on 14th Street NW.

Site Characteristics

1.	Location:	2400 Mississippi Street

2.	Lot Size:	The site is 17.89 acres

3.	Topography:	Rolling hills and steep slopes

4.	Vegetation:	Landscaped

5.	Sensitive Areas:	Rice Creek

6.	Comprehensive Plan Designation:	Parks

7.	Zoning:	R-1, Single Family Residential

8.	Surrounding Land Uses:

North:	R-1, Single Family Residential

South:	B-1, Limited Business

East:	R-1, Single Family Residential

West:	B-3, General Business

Site History

1.	Past Uses:	City Well #12 & City Park

2.	Historical Significance:	None.

Departmental Considerations

Community Development

1.	Proposed Use:	The applicant wishes to construct three 5-foot tall ground cabinets to house equipment that would serve the cellular panels to be attached to the new pole. The three (3) cellular panels are each 4 feet long by 7.5 inches wide and will be attached on the pole 60 feet from the ground. Total height of the pole is 65 feet when the emergency siren is included.

2.	Building Setbacks:	Required:	60 feet (front yard)	Proposed: 100+feet

60 feet (side)	Proposed: 100+feet

60 feet (rear)	Proposed: 100+feet

3.	Landscaping/Screening:	Based upon a meeting with the applicant and the City Forester, the applicant is proposing to plant two Pink Spire Flowering Crab Apple Trees to the west of the pole and cabinets. This will provide screening from the west. All other areas will be completely screened by existing trees.

4.	Impact on Land Uses:	Minimal

Public Works

1.	Streets:	None proposed

2.	Curb Cuts:	Existing

3.	Utilities:	Available

4.	Easements:	As part of the lease agreement with the City, access shall be allowed to service the equipment. The applicants are proposing to construct a paved 10-foot wide trail off of the existing parking lot, west of the City Well #12 building, to provide service access to the equipment. The City Engineer has reviewed this plan and found the location to be acceptable, as it will not interfere with activities relating to City Well #12.

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 Height:	60 feet tall (complies as it is set back 60 feet from any lot line)

2.	Exterior Treatment:	Dark brown metal pole

3.	UBC Compliance:	Will be required

4.	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/towers 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 R-1 district setbacks and would appear to comply with the standards of a Special Use Permit, subject to screening of the cabinets, proper construction of the tower and obtaining required licensing.

As demonstrated on the attached letter, the applicants are required to meet all FCC regulations which includes a requirement that the subject antennas do not cause any interference with TV lines, cable lines or other phone lines.

The applicant is proposing to lease this space from the City of New Brighton. The lease agreement shall be subject to review and approval of the City Engineer and City Attorney.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of SP00-7, subject to the following conditions:

1.	Compliance with all FCC regulations.

2.	Planting of two 2-inch diameter Pink Spire Flowering Crab Apple Trees to the west of the pole and cabinets.

3.	The lease arrangement shall be subject to review and approval of City staff, City Council and the City Attorney.

4.	Issuance of a building permit for construction of the pole.

Cary K. Teague, City Planner