PUBLIC HEARING: Consider a Request for an Amendment to a Conditional Use Permit at the Property Located at 14650 Ferret St NW; Case of Faulk and Foster on behalf of Crown Castle International

The City has received an application from Faulk and Foster on behalf of Crown Castle International (the "Applicant") to amend a Conditional Use Permit (the "Permit") that would increase the leased area at the property located at 14650 Ferret St NW (the "Subject Property") to accommodate a new equipment shelter. In accordance with the existing Permit, the leased area is fifty (50) by fifty (50) feet, or 250 square feet, and contains a 165 foot self-supporting lattice tower and related equipment cabinets. As illustrated in Exhibit A, the amendment would increase the leased area by 648 square feet, or eighteen (18) by thirty-six (36) feet, in order to accommodate a new Verizon Wireless generator/equipment shelter. Note that this request does not involve placement of a new tower; it is strictly related to a request to expand the ground lease area to accommodate a new equipment shelter building.

Staff attempted to notify all Property Owners within 350 feet of the Subject Property of the Public Hearing. A Public Notice was also advertised in the Anoka UnionHerald.

Currently, the Subject Property and most surrounding parcels are zoned COR-2; the parcel northwest of the Subject Property is zoned B-2 Highway Business District. The tower and associated equipment cabinets are nonconforming uses in the COR District. However, at the time of the issuance of the Permit (August 1996), the Subject Property and the surrounding parcels were zoned Industrial, which permitted the tower and cabinets as a conditional use. The amendment to the Permit would not change the status of the nonconforming use on the Subject Property, with the exception of the increased ground lease area. It also appears that the amendment would have no effect on the character of the of Subject Property's locality, which is shown in Exhibit B. Despite their current zoning, uses on the surrounding parcels are still industrial or automotive in nature.

Current use of the Subject Property also met standards of the Industrial district when the Permit was issued. The minimum setback requirement from the front property line within Industrial districts was forty (40) feet; the leased area is at a distance of approximately fifty-five (55) feet. The proposed expansion would be on the south edge of the leased area, thereby maintaining the fifty-five (55) foot setback. Given the existing nonconforming use on the site and its continuance with the proposed expansion, the current setback is more appropriate than the requirement found in the design standards for the Subject Property's current zoning, COR-2, which is fifteen 15 feet as measured from building front to right-of-way.

The design of the proposed equipment shelter also is not in accordance with standards for the COR-2 district. The shelter is prefabricated with an exterior finish of exposed aggregate concrete and the fence will be chain link, which is similar to existing structures within the leased area. While COR-2 design standards are more demanding than this, the amendment is still appropriate as it maintains the character of what exists in and around the leased area.

Alternatives

Option #1: Approve Resolutions #14-08-141 and #14-08-142 granting an amendment to a conditional use permit on the property at 14650 Ferret St NW. The amendment only impacts the size of the leased area, does not involve a new tower, and would not negatively impact the character of the Subject Property's locality. This amendment will instead increase leased area to accommodate new equipment for a cellular service provider while complying with the standards of the original Industrial zoning of the site. Staff supports this option.

Option #2: Approve Resolutions #14-08-141 and #14-08-142 with additional conditions. This option would be based on discussion and could result in requesting greater attention to architectural detail as outlined in the COR-2 design standards and/or design elements to screen the use within the leased area.

Option #3: Deny the request for an amendment to a conditional use permit on the property 14650 Ferret St NW. This action would keep the leased area to its current size, limiting the placement of any additional equipment related to the permitted use of the tower. The amendment would only increase the size of the leased area by eighteen (18) feet south to accommodate an equipment shelter. It maintains the design of what currently exists in the leased area and would have no negative impact on Subject Property's locality. Staff does not support this option.

All costs associated with this request are the Applicant's responsibility.

City Staff recommends approving Resolutions #14-08-141 and #14-08-142 granting an amendment to a conditional use permit at the property located at 14650 Ferret St NW.

Motion to recommend City Council adopt Resolution #14-08-141 approving Finding of Facts #0931 relating to a request to amend a conditional use permit to expand the ground lease area related to an existing cellular tower.

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Motion to recommend City Council adopt Resolution #14-08-142 approving an amended conditional use permit to expand the ground lease area of an existing cellular tower to accommodate a new equipment shelter building.