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5.1. PCSR 11-26-2019Request for Action To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Public Hearing November 26, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Buell Consulting, Inc., on behalf of Verizon Wireless – 17610 Tyler St. NW Reviewed by  Interim Use Permit to install a temporary wireless telecommunications tower facility, Case No. IU 19-04 Action Requested Recommend, by motion, approval of the Interim Use Permit (IUP) with the following conditions: 1. The IUP shall expire on December 16, 2021, or upon removal of the temporary tower facility. 2. The city shall approve a lease agreement with Buell Consulting/Verizon Wireless prior to construction or installation of any equipment. 3. Sidewalks shall not be obstructed and must remain open to non-motorized traffic at all times. 4. Roads must be kept free of debris at all times during construction and operation. Sweeping must be completed within 12 hours of notification. 5. After the IUP expires or the use has ceased, the site must be returned to its original condition within 30 days. Background/Discussion The applicant, Buell Consulting, Inc., has requested approval of an IUP to install and operate a 120 foot tall temporary wireless communication tower at 17610 Tyler St. NW. Verizon Wireless must relocate existing equipment from the Great River Energy plant prior to demolition next spring. Buell Consulting is looking for a permanent location to replace the lost infrastructure, but Verizon requires a temporary location to ensure wireless communication is not disrupted during construction. They are looking to establish a temporary, up to 24 months, location for the communication tower. The property is owned by the city’s Economic Development Authority (EDA) and will need to approve a lease agreement with the applicant prior to construction/placement of any equipment. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Applicable Regulations In order to approve the IUP, the following standards from Sec. 30-658 must be satisfied: (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. Construction/placement of the tower is temporary in nature and the site will be returned to its original condition once the use has ceased. The city will also include a provision in the lease agreement requiring removal of the tower if an interested party purchases the city-owned parcel for development within the Business Park. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. The site will be repaired upon removal of the structure and remain in a suitable condition for future sale and development. (3) The use is similar to uses allowed in the zoning district in which the property is located. The zoning district allows light industrial uses and antennas are allowed in all districts subject to establishment of an Antenna Overlay District. Staff does not feel establishment of the overlay district is necessary for the temporary nature of the use, but telecommunication towers would otherwise be allowed on this site. (4) The date or event that will terminate the use can be identified with certainty. The site will be used until Buell Consulting and Verizon Wireless can establish a permanent location on an existing tower. The applicant has requested authorization of up to 2 years, and the lease agreement required for locating at the site will place certain limits as to the use of city- owned property. (5) Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The use will not impose additional costs on the public as the applicant is required to lease the facility from the city and return the site to its original condition. (6) The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. This will be discussed during the public hearing. (7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. Staff does not see a need to impose a cash escrow to ensure compliance with the IUP. However, the Planning Commission or City Council can discuss and impose such a condition if they see fit. (8) Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. The proposed use will not adversely impact public health, safety, or welfare. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\11-26-2019\\5.1 sr Buell IUP.docx (9) The proposed interim use is consistent with the City of Elk River Comprehensive Plan and conforms to the city's zoning regulations. The proposed Interim Use of a temporary wireless telecommunication tower is consistent with the Comprehensive Plan and conforms to the city’s zoning regulations. After reviewing the standards for approval of an Interim Use Permit, staff has determined that the proposed project meets the standards, and is recommended for approval with the outlined conditions. Financial Impact The applicant must enter into a lease agreement with the city prior to construction. Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on December 23, 2019. Attachments  Location Map  Applicant’s Narrative  Site Plans N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\11-26-2019\\5.1 sr Buell IUP.docx BUELL CONSULTING, INC. 720 Main Street, Suite 200 Saint Paul, MN 55118 (651) 361-8110 www.buellconsulting.com Cover Letter-STC Elk River Temp 1 October 24, 2019 Elk River Planning Commission and City Council c/o Mr. Zachary Carlton, Planning Manager City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 Re: Interim Use Permit Application Verizon Wireless Temporary Tower Site APPLICANT: Verizon Wireless c/o Brian Kabat, Buell Consulting, Inc. VERIZON REF: STC Elk River Temp PROPERTY OWNER: The City of Elk River/Elk River Economic Development Authority SITE ADDRESS: 17610 Tyler Street NW, Elk River, MN 55330 SHERBURNE CO. PID# 75-757-0105 LEGAL DESCRIPTION OF PROPERTY: Lot One (1), Block One (1) of the Northstar Business Park, according to the official plat thereof, in the City of Elk River, County of Sherburne, State of Minnesota Dear Mr. Carlton, Planning Commissioners, and City Council Members: Enclosed in this package you will find an Interim Use Permit application and accompanying materials I am submitting on behalf of my client, Verizon Wireless. The application serves as a request to erect, maintain, operate—and eventually remove—a temporary wireless telecommunication facility. The temporary facility will serve to provide continued wireless service coverage and capacity while Verizon works to relocate a permanent facility from the Great River Energy plant to an existing monopole owned by a third party. This package includes the following materials:  Interim Use Permit application, signed as required  A check for $275 for application fees  A check for $1,000 for the related escrow  Site Sketch v.1 of the proposed temporary facility BUELL CONSULTING, INC. 720 Main Street, Suite 200 Saint Paul, MN 55118 (651) 361-8110 www.buellconsulting.com Cover Letter-STC Elk River Temp 2 Beginning on page 3 of this letter is a Project Narrative further describing the proposed use, as requested in the Interim Use Permit application. I will attend hearings and meetings required as part of the application review process. On behalf of Verizon Wireless, thank you for your support of this application and your interest in creating reliable wireless services for the citizens and visitors of Elk River. Sincerely, Brian Kabat Kabat Consulting Inc. for Buell Consulting, Inc. Site Acquisition Consultant on behalf of Verizon Wireless (425) 281-8215 | brian@kabatconsulting.com Enc. (Remainder of page intentionally left blank) BUELL CONSULTING, INC. 720 Main Street, Suite 200 Saint Paul, MN 55118 (651) 361-8110 www.buellconsulting.com Cover Letter-STC Elk River Temp 3 PROJECT NARRATIVE VERIZON WIRELESS TEMPORARY WIRELESS TELECOMMUNICATIONS FACILITY (VERIZON REF. “STC ELK RIVER TEMP”) • Detailed description/scope of project: 1. What is being proposed? Proposed herein is the placement of a temporary wireless telecommunications tower facility (“Facility”) to be operated by Verizon Wireless (“Verizon”) on property owned by the Elk River Economic Development Authority (“EDA”). The purpose of the Facility is to provide continued wireless service in the southern portion of Elk River due to a forthcoming decommissioning of an existing Verizon wireless telecommunications facility on Great River Energy’s (GRE) plant along Highway 10. 2. How is the request consistent with the City of Elk River Comprehensive Plan? This Facility will help ensure reliable wireless connectivity on the Verizon Wireless network in Elk River. Not at all unlike traditional utilities critical for the viability of any community, a reliable wireless data and voice network is an important factor for homebuyers and businesses. In fact, homebuyers place a greater premium on reliable at-home wireless service than they do on home prices, commute times, proximity to a major airport, restaurants and nightlife1. Businesses are also increasingly reliant upon reliable wireless networks, and communities with robust wireless tend to be attractive to new businesses. More businesses and more residents can serve to expand a city’s tax base and attract jobs—two important themes in Elk River’s Comprehensive Plan. 3. Why is it being proposed? Verizon is working with the owner of an existing nearby monopole tower to install equipment as a permanent relocation for the existing GRE site. Due to the real estate and regulatory due diligence processes required for the permanent installation, it may not be feasible to have the permanent installation complete and on air before the GRE site is decommissioned. If the permanent installation is not on air by the time the GRE site is decommissioned, it would result in an “outage” that would cause issues in service reliability and quality on the Verizon network to the detriment of the community. To avoid this potential outage, Verizon is requesting approval of the temporary Facility as depicted in this application. 1 Ryan, Kevin. “New Data Underscores Value Consumers Place on Wireless.” CTIA, 5 Apr. 2017, https://www.ctia.org/news/consumers-value-wireless. BUELL CONSULTING, INC. 720 Main Street, Suite 200 Saint Paul, MN 55118 (651) 361-8110 www.buellconsulting.com Cover Letter-STC Elk River Temp 4 4. How long will the Facility be on the property? The temporary Facility may be on site as little as 2-3 months or as long as 24 months. The expected duration of the use of the temporary Facility is around 6 months. The time the Facility will remain on the property is purely dependent on how long it takes to complete real estate and regulatory due diligence and installation of equipment on the future permanent relocation site. The owner of the permanent relocation site is working diligently with Verizon to complete the relocation installation as quickly as possible. Verizon and the Economic Development Authority are working on a temporary site lease agreement as of the writing of this narrative. The Facility will not be installed until after the agreement is finalized by the parties. 5. What equipment will be placed on the property? The temporary Facility will include the placement of a 120-foot-tall ballasted monopole. The monopole will be attached to a precast foundation system which will serve as ballast to keep the monopole secure and standing. The precast foundation will consist of large concrete blocks that will be set on the ground, creating a 28’ x 28’ slab. The blocks will be tied together with a network of heavy gauge rebar. No permanent foundation will be poured. Utilities will need to be brought to the Facility, including power and fiber optic lines. To avoid creating a tripping and plowing hazard, the intent is to bury the utilities in a shallow trench such that they do not cross over the sidewalk on the south and east side of the property. The utilities will be routed in a 20-foot wide access and utilities easement between the public right-of-way and the Facility. Base station equipment necessary for the operation of antennas and equipment on the monopole will be placed on the precast foundation. Should additional base station equipment be required, a truck or trailer known as a Cell on Wheels (“COW”) may be placed alongside the precast foundation. 6. How will the Facility be accessed? No driveway will be installed nor will any curb cutting occur. Vehicles will drive on top of the existing grade as needed; otherwise, the Facility will be accessed on foot. 7. What happens when the Facility is no longer needed? Once the permanent relocation to the GRE site is up and running, Verizon will remove its equipment and improvements from the EDA’s property and restore the property to its original condition. BUELL CONSULTING, INC. 720 Main Street, Suite 200 Saint Paul, MN 55118 (651) 361-8110 www.buellconsulting.com Cover Letter-STC Elk River Temp 5 • Hours of operation: The Facility will operate 24 hours a day for the duration of its use. • Number of Employees: The Facility will be unmanned. Personnel will visit the site as needed. • Number of parking stalls, existing and additional: No parking stalls will exist on site nor will any be created for this Facility. • Is there proposed screening of the site? A fence will surround the precast foundation system to deter unauthorized access. • Proposed building materials/compliance with design standards: The precast foundation will be comprised of concrete and rebar. The monopole will be made of galvanized steel. Mechanical equipment (base station, antennas, radios and so forth) will be installed as supplied by manufacturers. The materials comply insofar as Section 30.1837 of the Elk River Code of Ordinances requires commercial wireless telecommunication service towers to be of monopole design. • Signage: No signage will be placed at the Facility beyond that which is required by local, state, and federal agencies. • Is there outdoor storage? No equipment, possessions, or materials will be stored on site that do not pertain to the intended use of the Facility as a temporary wireless telecommunications site. • Waivers to application materials respectfully requested by applicant: 1. Landscape Plan: As this Facility is of a temporary nature, no landscaping is proposed. 2. Grading/Drainage Plan: As this Facility will temporarily encumber a small ground space (no more than 1% of the total area of the property) no plan for grading or drainage is proposed. Grading will occur only insofar as to scrape level the area under the precast concrete foundation supporting the monopole. 3. Floor Plans: No floor plans are included herein (not applicable).