HomeMy Public PortalAbout2014-053 Resolution Approving CUP for a Telecommunication Tower on Pinto DrMember Pederson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION 2014-53
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A
TELECOMMUNICATION TOWER AT 3574 PINTO DRIVE
WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, Buell Consulting on behalf of Verizon Wireless (the "Applicant') has made
an application to construct a monopole telecommunication tower within the City located at 3574
Pinto Drive (the "Property") which is legally described in Exhibit A, attached hereto; and
WHEREAS, the Property is currently utilized for a municipal well house, a
telecommunication tower, and a water tower with telecommunication equipment mounted on the
top; and
WHEREAS, the City intends to remove the water tower and the Applicant has requested
approval to construct the monopole tower to house the existing equipment on the water tower;
and
WHEREAS, the conditional use permit for the existing equipment on the water tower
was approved by Resolution 90-03 and amended by Resolution 93-50; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 10,
2014 and recommended approval of the application; and
WHEREAS, the City Council reviewed the application at the August 6, 2014 meeting;
and
WHEREAS, based on the written and oral record before the Planning Commission and
City Council on the above dates, the City Council makes the following findings of fact in regards
to the application:
1. That the conditional 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 immediate vicinity.
2. The establishment of the conditional use will not impede the normal and orderly
development of surrounding vacant property for uses predominant in the area.
3. Adequate utilities, access roads, drainage and other necessary facilities have been or are
being provided.
4. Adequate measures have been or will be taken to provide sufficient off-street parking and
loading space to serve the proposed use.
Resolution No. 2014-53
August 19, 2014
5. Adequate measures have been taken to prevent or control offensive odor, fumes, dust,
noise and vibration, so that none of these will constitute a nuisance, and to control lighted
signs and other lights in such a manner that no disturbance to neighboring properties will
result.
6. The use, in the opinion of the City Council, is reasonably related to the overall needs of
the City and to the existing land use.
7. The use is consistent with the purposes of the zoning code and the purposes of the zoning
district in which the applicant intends to locate the proposed use.
8. The use is not in conflict with the policies plan of the City.
9. The use will not cause traffic hazard or congestion.
10. Existing businesses nearby will not be adversely affected by intrusion of noise, glare or
general unsightliness.
NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota
approves a conditional use permit for a telecommunication tower at 3574 Pinto Drive, subject to
the following terms and conditions:
1. The Applicant shall construct the improvements as displayed on the plans received by the
City on May 7, 2014, except as modified by the conditions herein.
2. The Applicant shall submit a revised site plan meeting all the conditions of approval prior
to the issuance of any permits.
3. A detailed engineering report certifying the collapse pattern of the tower shall be
provided meeting the standards of Section 828.81 Subd. 2 (a) (i).
4. The tower location or height shall be adjusted to meet the setback requirement of Section
828. Subd. 2(b).
5. A landscaping plan shall be provided with screening to right-of-ways.
6. The new portion of the access drive shall be paved and a parking plan shall be provided
meeting the standards of Section 828.81 Subd. 10.
7. The Applicant shall enter into a lease agreement with the City for use of the site on terms
and conditions acceptable to the City.
8. If the use of the tower is discontinued, it shall be removed by the owner within six
months or the City may remove the tower at the owner's expense.
9. Approval of this Conditional Use Permit shall not be construed to grant exclusive use of
any of any portion of the Property outside of the "Proposed Land Space Area shown on
the plans for access or utilities.
10. Additional building square footage and fencing shall be permitted to accommodate future
colocation upon the telecommunication tower. Such building and fencing shall be
reviewed by City staff for compliance with relevant code requirements, but shall not
require an amendment to this CUP in order to be constructed.
11. All comments of the City Engineer shall be addressed.
12. All comments of the City Attorney shall be addressed, and the Applicant shall abide by
the City Attorney's recommendations related to the lease agreement and recording
procedures.
13. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the application, construction plans, and other relevant documents.
Resolution No. 2014-53 2
August 19, 2014
14. This Conditional Use Permit shall go into effect upon the removal of the water tower
from the site or the execution of the lease agreement referenced in Condition #7,
whichever is later.
BE IT FURTHER RESOLVED, by the City Council of the City of Medina that, when this
Conditional Use Permit goes into effect, previous approvals enumerated in Resolutions No. 90-
03 and 93-50 shall thereafter be revoked and considered null and void.
Dated August 19, 2014.
J • hn Anderson, Acting Mayor
Attest:
11
By: I _s
Scott T. Johnson, City Administrator -Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Martinson and upon vote being taken thereon, the following voted in favor thereof:
Anderson, Martin, Martinson, Pederson
And the following voted against same: (Absent: Weir)
None
Whereupon said resolution was declared duly passed and adopted.
Resolution No. 2014-53 3
August 19, 2014
Exhibit A
Legal Description of the Property
Oudot A, Medina Industrial Addition, Hennepin County, Minnesota, except that part thereof
which lies westerly of a line run parallel with and distant 45 feet easterly of the following
described line: Beginning at a point on the west line of Section 12, Township 118 North,
Range 23 West, distant 216.5 feet north of the west quarter corner thereof; thence run
northerly on said west section line for 200 feet and there terminating.
Resolution No. 2014-53 4
August 19, 2014