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04-880Council File # ��U Green Sheet# Q��Bg_! RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To WHEREAS, The Planning Commission's Zoning Committee conducted a public hearing on the application on May 27, 2004 after having provided notice to affected property owners, and submitted its recommendation to the Planning Commission. The Commission, by its Resolution 04-52 dated June 4, 2004, decided to deny the said application based upon the following findings and conclusions: � 2 WHEREAS, W. Roger Molle£, on Apri123, 2004, made application in zoning file no. 04-082- 3 263, for a permit to establish a non-conforming use at properry commonly known as 1418 Breda 4 and legally described as Libby's Addition to the City of St. Paul, Ramsey County, Minnesota, Lot 5 11, Blk 2(PIN 27-29-23-21-0085) pursuant to the provisions of Leg Code § 62102(i)(1); and 6 10 11 12 1� 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Committee: Date The applicant, W. Roger Mollet, has owned the property in question since May of 2003. The building has three dwelling units, with a two-bedroom unit on the first floor, a two bedroom unit on the basement level, and a one-bedroom apartment on the second floor. Neighbars said the property has been used as a triplex for nearly 40 years. The Polk Directory shows that the property has been a triplex since at least 1991. 2. Section 62.102(i)(1) of the zoning code provides that the Planning Commission may permit a nonconforming use to be established if the commission makes nine findings. The findings and the applicant's ability to meet them are as follows: a. The use occurs entirely within an existing structure. This condition is met. The triplex is entirely within an existing structure. b. The use is similar Co other uses peNmitted within the district. This condition is met. The use is similar to other residential uses permitted in the district. The area has a mix of single-family and two-family residential uses. c. The use or use of similar intensity permitted within the same clause of the zoning code or in a more restrictive zoning district has been in existence continuously for a period of at least ten years prior to the date of the application. This condition is met. The Polk Directory shows that the structure has been used as a triplex since 1991. d. The off-street parking is adequate to serve the use. This condition is not met. The property has a rivo-car garage. The zoning code requires 1.5 parking Dy- ��o 2 spaces per dwelling unit for new construction. The Duplex and Triplex 3 Conversion Guidelines require a minunum of three spaces for non-conforming 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 triplexes (see finding 3c). e. Hardship would resuZt if the use were discontinued. This condition is met. The applicant purchased the properiy last year based on the understanding that the property can be used as a triplex. The applicant stated that he would not be ale to make mortgage payments if the use were discontinued. f Re-zoning the property would result in "spot" zoning or a aoning inappropriate to surrounding Zand uses. This condition is met. The surrounding azea is zoned two-family residential. There aze no other properties zoned for triplex in the immediate area. g. The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. This condition is met. The triplex is compatible with the immediate neighborhood, which is mostly single-family with several duplexes within a block from the property. The property has the appearance of a single-family home. The use as a triplex is not expected to endanger public health, safety, or general welfare. h. The use is consistent with the comprehensive plan. This finding is met. The proposal is not in conflict with any element of the comprehensive plan. A notarized petition of two-thirds of the property owners within one hundred (100) feet of the property has been submitted stating their support for the use. This finding is met. Nineteen parcels are eligible and 13 signatures are required. Fourteen signatures were received. The Duplex and Triplex Conversion Guidelines for Zoning Cases approved by the Planning Commission in 7uly, 1992, stated that staff will recommend denial in triplex conversion cases unless certain conditions are met. The conditions and the applicant's ability to meet them are as follows: a. Lots size of at Zeast 8, 000 sguare feet with a lot width or front footage of 50 feet. This finding is not met. The lot is 5,360 sq. ft. for zoning purposes with a lot frontage of 40 feet. b_ Gross living area, after completion of triplex conversion, of at least 2, 700 square feet for the two units. This finding is not met. Ramsey County property tax records show that the finished building ueas is 1,428 square feet. The applicant states that the total building area is 2,664 square feet including the basement, which is a finished unit. c. Four off-street parking spaces (non-stacked) are preferred, three spaces are the required minimum. This finding is not met. The property has a two-car garage and two stacked parking spaces. The property is short one Page 2 of 4 D�- $�d 1 pazking space to meet the required minimum. The applicant has agreed to 2 pave a new pazking space in the backyard if the non-conforming use 3 permit is approved. 4 5 d. All remodeling work for the triplex conversion is on the inside of the 6 structure. This fmding is met. There is no exterior remodeling work 7 proposed. 8 10 11 12 li 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 e. The proposed triplex structure is located in a mixed density neighborhood, not a homogeneous single family area or in an area where duplexes and triplexes are already concentrated to the point of congesting neighborhood streets. This finding is met. The triplex is located in a mixed density neighborhood with several duplexes in the immediate area. f The units must be inspected by the Fire Marshal's Office as part of the Certifzcate of Occupancy program required for all residential structures with three or more units. This finding is not met. The units have not been inspected by the Fire Marshal's Office. F� An economic feasibility analysis has been conducted for those cases where economic hardship is claimed as one reason for the variance request. Applicant should supply ciry staff with the necessary information. This finding is met. The applicant stated that removing the third unit would result in a net loss of $3,556. With the third unit, the annual net gain is $1,554. The applicant stated that they would not be able to make mortgage payments without the third unit. WHEREAS, Pursuant to the provisions of Leg. Code § 61.702, W. Roger Mollett, on June 15, 2004 filed an appeal from the determination made by the Planning Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the Planning Commission; and WHEREAS, Acting pursuant to Leg. Code § 61.704 and upon notice to affected parties pursuant to Leg. Code § 61.303, a public heazing was duly conducted by the City Council on July 28, 2004 at the written request of the said appellant and where all interested parties were given an opporiunity to be heard; and WHEREAS, The Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Planning Commission and its Zoning Committee, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby reverse the decision of the Planning Commission in this matter, based on the following findings of the Council: The Council notes that this application met virivally all of the required findings for establishing a legal nonconforming use under the zoning code as stated in the zoning staff report. The only requirement that the application did not meet were parking requirements. The record would indicate that the parking requirements can be met. The Council also notes that the applicant stated, and that the staff report also found, that there would be hardship if this triplex use was discontinued. The Council therefore finds that permitting the establishment of a legal Page 3 of 4 o y �80 nonfonforming use at 1418 Breda would be appropriate. The Council further finds, pursuant to Leg. Code § 62109, that it is also appropriate to impose certain conditions on the 1418 Breda nonconfornung use pemut. The conditions imposed on the said nonconforming use permit are based upon the following: 1. The nonconfonning triplex must terminate when W. Roger Mollet transfers tifle, in any manner, to any other person and the use must revert to a permitted RT-1 use. The applicant and zoning staff found that there would be hardship for this applicant if the triplex use were discontinued. Mr. Mollet appears to be an owner who will manage the tripiex in a conscientious manner. Managing and maintaining this building by this Mr. Mollet will insure that its use can transition back to an RT-1 use if and when the building is sold. Pern Mr. Mollet to responsibly manage the triplex will also insure that the building and its tenants will not become a problem in this neighborhood. 2. The building must be immediately inspected by the appropriate city departments to insure that the building meets the maintenance and life safety standards for a tri-plex and promptly comply with any orders issued by those departments. 3. Off-street pazking must be provided which meets the City's standards far tri- plex conversions as well as exterior maintenance requirements [durable, dustless surface]. The parking must be provided and approved under the appropriate city permit and site plan review process. AND BE IT FURTHER RESOLVED, That the appeal of W. Roger Mollet is hereby granted; and, BE IT FINALLY RESOLVED, That the City Clerk sha11 mail a copy of this resolution to W. Roger Mollet, the Zoning and Planning Administrators and the Planning Commission. � Green Sheet Green Sheet o�- 88d Green Sheet Green Sheet Green Sheet Green Sheet � Departrnent/officelcouncil: Date initiated: pE — Planni¢g&EconomicDevelopment z�-A��-04 Green Sheet NO: 3021984 Contact Person 8 Phone• Denarhnent SentTo Person � InitiallDate YangZhang > � 0 lannin &Ec nomicDevelo 266.6659 ��a � Assign 1 lannin &EconomicDevelo De artmentDirector Must Be on Council Agenda by (Date�: Number Z ' Attoroe �'` For Routing 3 a or's Office hIz or/assisqut Order 4 ouncit 5 i Clerk Ci Clerk I Total # of Signature Pages �(Clip All Locations for Signature) Action Requested: � Approve resolufion memorializing City Council action to uphold appeal of Planning Commission denial of Establishment of legal nonconforming use status for a triplex. Public hearing held on July 28,2004 Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Followi�g Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? ' Yes No 3. Does this personlfirm possess a skill not normally possessed by any current city employee? Yes No 6cplain all yes answers on separete sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Roger Mollet appealed the Planning Commission's denial of Mr. Mollets's request for an establishmern of legal nonconforming use status for a triplex at 1418 Breda. Advantastes If Approved: � � � City Council intent is fmalized Ai;C 3 v 2�04 Disadvantapes If Approved: � P �� None � �� ( Disativantaqes If Not Approved: City Council action will not be completed RECEIVED 2�04 I Total Amount nf CosURevenue Budgeted: Transaction: nn A ' OFFICE I Fundinq Source: Activity Number: � IYI `� - Pi nancial I nformation: (Explain) � ��IC�; �?F��c�^-� � DEPAR"CMENT OF PLANNWG & ECONOMIC DEVELOPMENT Mmtha G. Fuller, Director CITY OF SAINT PAUL Randy C. Kelly, Mayor June 30, 2004 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul. Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Street Sain7Pau1, MN55702 D�- 8So 1=f Telephone: 651-266-6700 Facsimile: 651-228-3220 I would like to confirm that a public hearing before the City Councii is scheduled for Wednesday, Juiy 28, 2004, for the following zoning case. Zoning File Number: Appellant: Address: Purpose: Previous Action: 04-102-980 (appeal of 04-082-263) W. Roger Mollet 1418 Breda, between Albert and Pascal Appeal of Planning Commission denial of establishment of legal nonconforming use status for a triplex Zoning Committee Recommendation: Denial, 6- 0 May 27, 2004 Planning Commission Recommendation: Denial, unanimous, June 4, 2004 I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 if you have any questions. Sincerely, G�� Yang Zhang City Planner cc: File #: 04-102-980 Appellant: V�l. Roger Mollet Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson 'NOTICE OF PUBLIC HEARiNG The Sa�nt�Pa 'City-�o�neil<wilt coa- duct a publie hearing on Wednesday, July 28, 2004, at 5:30 p.m. in the City Council Cl�ambers, Third Floor, City Hall, to con- sider the appeai of W. Roger Mollet to a, decision of the P lann'ne Commi'ssion de- nying establishment of legal nonconform- inguse status for a triples-at 1418 Breda Avenue, between Albert and Pascai Streets. Dated: Ju�y 2, 2004 MARY ERICKSON, Assistarrt �ty Council Sea'etary H1ut�J 8) — _'= 81: PAI/I.LEGAL I.EDGEB -- 22082823 , � LWmanda�Zonmg�Pedocs\CCdocs\04-102-980�uIy28-ecreservationlalteeA�tl-EEOEmployer .�.___ . DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director CIT'Y OF SAINT PAUL Randy C. Ke11y, M¢yor July 19, 2004 Ms. Mary Erickson 25 Wesi Fourth Street Saint Paul, MN 55702 by�-g�b � TeZephone�651-266-6700 Facsrmile: 651-228-3220 City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: 04-102-980 (appeal of 04-082-263) Applicant: W. Roger Mollet Address: 1418 Breda, between Albert and Pascal Purpose: Appeal of Planning Commission denial of establishment of legal nonconforming use status for a triplex City Council Hearing: Wednesday, July 28, 2004, 5:30 p.m, City Council Chambers Staff Recommendation: District Council: Denial No recommendation Zoning Committee Recommendation: Denial, vote: 6- 0 Support: 0 people spoke, l� letters were received Opposition: 0 people spoke, 2 letters were received Planning Commission Recommendation: Denial vote: unanimous Staff Assigned: Sincerely, � Yang Zhang Yang Zhang, 266-6659 Attachments: Planning Commission resolution Planning Commission minutes, June 4, 2004 Zoning Committee minutes, May 27, 2004 Conespondence received Staff Report packet Cc Applicant: W. Roger Mollet City Council Members District Council: 10 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner LWmanda�Zonmb�cdocs\CCdocs\04-t02-980j�ily28-O4covedetterwpd AA-ADA-EEOEmployer DEPARTMEN'L OF PLANNING & ECONOMIC DEVELOPIvIENT SusmeKimberly, D"uector :AINT PAUL � AAAA CITY OF SAINT PAUL RandyC. Ke1ly, Mayor July 19, 2004 25 West Fourth Street Saint Paul, MN SSI01 ��-g g0 � Telephone: 651-Z66-6700 Facsimile: 657-228-3220 Ms. Mary Erickson City Council Reseazch O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning Fite #: 04-110-712 (appeal of 04082-904) Applicant: Merriam Pazk Community Council Address: 2000 St. Anthony Ave., SE comer at Wilder Purpose: Appeal of Planning Commission decision granting a Conditional Use Permit to allow a cellulaz telephone antenna located on a free standing pole. City Council Hearing: Wednesday, July 28, 2004, 5:30 p.m., City Council Chambers Staff Recommendation: Approval with conditions • District Council: Denial Zoning Committee Recommendation: Approval with wnditions, vote: 5- 1(Faricy) Support: 0 peopie spoke, O letters were received Opposition: 3 people spoke, 7 letters were received Planning Commission Recommendation: Approval with conditions vote: 12 in favor, 7 opposed StaffAssigned: Yang Zhang 266-6659 Attachments: Planning Commission resolution Planning Commission minutes, June 4, 2004 Zoning Committee minutes, May 27, 2004 Correspondence received Staff Report packet Sincerely, `� �/J" V l Yang Zhana cc: T- Mobile • City Council Members District Council: 13 Merriam Pazk Wendy Lane Larry Soderholm Allan Torstenson Peter Warner L:Vimmda�ZoNnglPcdocs\CCdocs\04110-]12jWy26A4wvalettawyd AA-ADA-EEOEmployer �`� ��b0 o�-I- (l0-?12.. -� � l S .-. �o ! Zoning Appeal Application Form L 1� 7G 3 I- �-I&-o�4 APPLICANT Name Merriam Pazk Communitv Council Address 1684 Selbv Avenue, St. Paul. MN 55104 City St. Paui St MN Zip 55104 Daytime phone 651-645-6887 Name of owner (if different) PROPERTY LOCATION Address 2000 St. Anthonv Avenue. St. Paul, Minnesota Legal description: Merriam Pazk, Ramse�Co., Minn. Subi to Awy; Vac Sts & Allevs Accruin�& Foi. Part Sly & Wlv of Hwv of Lots 1 Thru 4 Blk 7 also Lots 1 Thru 3 Blk 16 Merriams Re & In SD Merriam Park, Blk 6 • • TYPE OF APPEAL: Application is hereby made for an appeal to the: _Boazd of Zoning Appeals X City Council Under the provision of Section 61.702 of the Zoning Code, to appeal a decision made hy the Plauning Commission on June 4, 2004. File number: 04-082-904. GRO[TNDS FOR APPEAL: The standard for appeal pursuant to Section 61.702 is as follows: The City Council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or k'inding made by the...Planning Commission. The Merriam Park Community Council alleges errors in facts, procedures and Findings with regazd to the grant of a Special Conditional Use Permit to T-Mobile for a freestanding celiular telephone tower in Memam Pazk on June 4, 2004, Plamiing Commission File Number 04-082-904 on the following grounds: Sec. 60.413. Principle uses pernnitted subject to special conditions states that: (18) Cellular telephone antennas located on a freestanding pole on institutional use property, subject to the following conditions: �(G 7�v37i � �s� a. The appiicant demonsfrates that the proposed antennas cannot be accommodated on an � existing freestanding pole, an existing residential stracture at least siaty (60) feet high, an e�sting institutional nse strueture, or a business building within one-half (1/2) mile radius of the proposed antennas dne to one (1) or more of the following reasons: 1. The plauned equipment would egceed the stractnral cxpacity of the e�sting pole or structare. Z. The planned equipment would cause interference with other e�sting or planned equipraent on the pote or structure. 3. The planned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the effisting pole, strncture or building is nnwilling to co-locate an antenna. In T-Mobile's application they identify 8 sites, which they dismiss as nnsuitable. Three of those sites are 60', 60' and 80 feet high. The only xeason they give for rejecting those sites is that it does not meet their coverage objective. "Coverage Objective" is not one of the 4 permitted reasons for rejecting an altemate site within the %: mile radius of the proposed antenna. Therefore the Zoning Commission erred in grantiag the conditional use permft because they did not apply Sec. 60.413. Applicant has not demonstrated that the ctiteria for the special nse permit have been met In the application, the applicant identified a variety of sites within the'/z mile radius of the � proposed tower, bnt provided no proof that these locations aze unfeasible, unavailable or unsnitable. Date: t7 � l p , 2004 Rolf Nor trom, President Merriam ark Community Council ��-u `f C lL 7� � Z- ��S • a ::� city of saint paul �p4anning commission resolution file number o4-49 date June �, Zoo4 WHEREAS, T- Mobile (Merriam Park), Fife # 04-082-904, has applied for a Conditional Use Permit for a ceilular telephone anfenna on a freestanding pofe under the provisions of §60.413(18) and 64.300(d) of the Saint Paul Legis(afive Code, on property focated at 2000 St. Anthony Ave., Parcel identification Number (PIN) 33-29-23-33-0195, legally described as MERRIAM PARK, RAMSEY CO., MtNN. SUBJ TO HWY; VAC STS & ALLEYS ACCRUING & FOL. PART SLY & WLY OF HWY OF LOTS 1 THRU 4 BLK 7 ALSO LOTS 1 THRU 3 BLK 16 MERRIAMS RE & IN SD MERRIAM PARK, BLK 6; and WHEREAS, the Zoning Committee of the Planning Commission, on May 27, 2004, held a pubiic hearing at which a!i persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Pauf Ptanning Commission, based on the evidence presented to ifs Zoning Committee at fhe pubiic hearing as reflected in the minutes, made the following findings of fact: 1. T-Mobife is • 2. requestmg a Conditional Use Permit to allow instailation of antennas on a 75-foot tail freestanding poie on the property of the Merriam Park Playground and Recreation Center. The playground is owned and operated by the City of Saint Paui Department of Parks and F2ecreation. Three sectors of antennas are proposed at the top of the monopole. The existing IighYs for the playground wiii be attached to the po(e at mid-height. Four small radio cabinets will be located on the ground. 7he tower meets the applicable setbacks. The applicant desires to add the communications equipment to allow complete coverage to mobile phone users in this area. Saint Pauf Park and Recreation Department stafF are in negotiation with T-Mobile regarding the terms and conditions of fhe leasehold agreement. The agreement requires City Council approval. Instaliation of additional carriers wiil solely be at fhe discretion of the City of Saint Pau{. Section 60.413(18) of the code lisfs the conditions for the instaliation of ceilular felephone antennas on a freestanding pole on institutionai use property as follows: a. The applicanf must demonstrate that the proposed antennas cannot be accommodated on an existing freestanding po%, an existing residential structure at least six(y (60) feet high, an existing insfitutiona! use structure, or a business building within one-half (%) mile radius of the proposed anfennas due to one (1) ormore the fo!lowing reasons: 1. The planned equipment would exceed fhe stnrctural capacity of the existing pole or structure. 2. The planaed equrpment would cause interference with ofher existing or planned equipment - on the po% or structure. 3. The planned equipment cannof be accommodated at a Reight necessary to funcfion reasonabiy. 4. The owner of the exrsting pole, structure or building is unwi!ling to co-locate an antenna. moved by Morton seconded by � favor 12 against 7(Fotsch, Lu Gordon„Faricy, Johnson, Coletta, McCall) o�f-88v Zoning File #04-082-904 Planning Commission Resolution � Page 2 of 3 This condition is met T-Mobife stated in fhe applicafion that they had researched possible sites in • this area to accommodate the antennas and equipment. They determined that there are no exisfing structures in the area that are taller than 60 feet, have a witling Iartdowner and/or meet the coverage objective. The applicant has supplied a radius map with detailed information on each structure researched. b. The freestanding po% shall nof exceed sevenfy-frve (75) feef in height, unless tlie applicant demonstrates that the surrounding topography, structures, or vegetafion renders a sevenfy-five- foot pole impractical. Freestanding po/es may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry fwo (2) anfennas. This condi6on is met. The proposed pole is 75 feet in height. c, Antennas shall not be located in a required front or side yard and shall be set back one (1) times the height of the antenna pius ten (10) feet from the nearest residenSal structu�e. This condition is met. The nearest residentia! structure is 1947 Roblyn, wMich is approbmatefy 400feet away from the proposed pole (85 feet setback required). d, The antennas shall be designed where possible to blend into the surrounding environment through the use of color and camout7aging architectural treatment. Drawings or phofographic perspectives showing the pole and antennas shal! be provrded to the planning commission to determine compliance with this provision. This condition is met. The applicant stated thaY the poles witl be steei and painfed fo match the exfsting light poles. Photographic perspectives showing the pole and antennas are attached. e. Antennas located in historic districts or on historic building shal! be subject to the review and • aPprova(ofthe heritage preservation commission. This condition is not appfipbie. The building is nat in a historic.districf. f. Freestanding poles shall be a monopo% design. - This condition is met. - g. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment buifding is necessary, it shal! be permitted and regulated as an accessory buildrng, section 62.106, and sha// be screened form view by landscaping where appropriate. _ Foue small cabinets for housing the equipment for operafion of the antennae will be placed on the ground. The targest cabinet is about 3 feet wide by 2.5 feef long by 4.5 feet tall. Tfie equipment cannot be accommodated wifhin an e�sting structure and does noT need a new sfructure. 'fhe appiicant initialty proposed a chain link.fence around the cabinets. After discussion with staff at the Parks and Recreation Department, the applicant removed the fence, as chitdren wifl likely climb over the fence to retrieve ba!!s, causing safety concems. The cabinefs will be double locked with electrical wires entirely underground. The equipment wili not be a hazard to the public. The screening and concealment of ground equipment witi be determined jointly between T-Mobite and Saint Paul Department of Parks and Recreation. h. The zoning lot on which the pole is located shall be at /east one (1) acre in area. This condition is met. The parcel is 9.8 acres in size. 3. Section 64.300 of fhe code lists general standards for conditional uses the planning commission musf consider before granting approva( of a conditional use permit as folfows: a) The extent, locaSon and intensity of the use will be in substanfial compliance with the Saint Paul • Comprehensive Plan and any applica6le subarea p(ans which we�e approved by the cify council. This condifion is met. The City's Economic Development Strategy refers to the importance of • :: Zoning Fi(e #04-082-904 Planning Commission Resolution Page 3 of 3 • ensuring investments in local and regional infrasfructure su Communications linkages are ide�tified as being an important� s�pect ofnf astruc�t � e i� pment. b) The use will provide adequafe ingress and egress to minimize tra�c congestion in the public sfreets. This condition is met. The proposed communication equipment is made of ga(vanized steel and requires minimal maintenance. 1t wiii not affect traffic circulation at the recreation center. c) The use wi!l not be detrimental fo the existing character of fhe development in the immediate neighborhood or endanger the public health, safety and general weifare. This condition is met. The cabinefs will be doubie locked with electrical wires entirely underground. The antennae proposed on this site wiil be secured according fo buiiding code standards and wili not be defrimenta! to the character of the neighborhood or endanger the heaith, safety or general welfare of neighborhood residents. d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding area is a mix of one- and two-family homes and apartments. The area is already developed and the proposed use would not impede any expansion or improvement of existing developments. The property is a City-owned recreation center, where no development is expected. The applicant agrees to remove the antennas when they are no longer used. The monopole structure will be dedicated to the Parks and Recreation Departmenf. • e) The use sha//, in aU other respects, conform to the applicable �egulations in the district in which it is located. This condition is met. The use conforms to the all other applicable requirements of the code. NOW, THEREFORE, BE �T RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application of T- Mobile (Merriam Park) for a Conditional Use Permit for a celiular telephone antenna on a freestanding pole at 2000 St. Anthony Ave. is hereby approved subject to the fol(owing conditions: 1. A lease agreement is reached between T-Mobile and the City of Saint Paul and aoproved by the City Council; 2. The screening and concealment of ground equipment shall be approved by the City of Saint Paul, Department of Parks and Recreation; 3, lf the antennas are no tonger used for celiular phone service they shali be removed within one year as stated in section 62.120 of the code; and 4. During the effective period of the lease, T-Mobile shail be responsibie for removai or reiocation of the ceti phone antenna(s) and monopoie at T-Mobife's expense if required by the Cify of Saint Paui. • S�t Pani Planning Commission • City Hall Conference Center 15 Kellogg Boulevard West Minutes of June 4, 2004 1 ::• A meeting of the Planning Commission of the City of Saint Paul was heid Friday, 7une 4, 2004,. at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer Lonetti, Lu, McCall, Morton, Porter Present: and Trevino; and Messrs. Aleacander, Alton, Anfang, Coletta, Dandrea, Fotsch, Gordon, Johnson, Kong, Kramer, and Mazdell. i ommissioners Messrs. *Mejia, and *Scott. Absent: *Excused • Also Present: Larry Soderholm, Planning t� Allan Torstenson, Nancy Homans, Donna Drummond, Patricia 7ames, Yang Zhang, Lucy Thompson, Casey MacCallem, and Mary Bruton, Department of Planning and Economic Development staff. Approval of minutes of May 21, 2QQ4 MOTION: Comrreissiorzer Trevino moved approval of the minutes of M¢y 2I, 2004. Commissioner ponnelly-Cohen seconded the motion. The motion carried unanimously on a voice vote. I. Chair's Announcements � Chair Johnson stated that ihe Phalen Corridor heid a meeting and tour on June 3r , and asked Commissioner Trevino to comiaent oa the tour. Commissioner Trevino repor��ed the tour started at the west end of the conidor at the Wiiliams Hill site and extended to the east end of the corridor at Ames Lake, neaz Phaien. The tour lasted one hour and covered all of Phalen Boulevazd from the first phase (Mississippi Street to Payne Avenue), which is complete, and now they aze in the second phase (Payne to Arcade Street), which is expected to be finished in November, 2004, and the finai phase (Arcade tb Johnson Pazkway), which is not yet fully funded. They saw alI the new housing developments, the senior housing, townhouses, new homes, and the sites for future commercial and industrial development. It was a very impressive tour and the project is going along very well. ul pianning Admmistrator's Announcements D'I�'. Larry SoderhoIm reported that last Saturday, May 29, 2004, the new Zoning Code went • into effect; Allan Torstenson worked diligenfly on getting it to print. Commissioners will be receiving their copies during the month of June. . i . Ci1y Council business on 6/2/2004: • - The Planning Commission recommended, because of the 60-day ruling, ttat we change the appeals periods to 10 days from the date of action by the Commission. Tt�at had a public hearing ]ast Wednesday; there was no testimony and it will probably be adopted next Wednesday, June 9, 2004. - The alley vacarion for the new library at Dale and University was laid over. - All of the zoning cases aze moving ahead. State Iegislation about nonconforming uses was adopted by this session. It makes the Pianning Commission's power to reguiate nonconforming uses much weaker than before. Mr. SoderhoIm stated the biil allows nonconforming uses to be demolished and rebuilt within a year. This bill weakens the authority of our 40-Acre Zoning Studies to try to change a neighborhood's character. It goes into effect 8/1/04 and conflicts with our e�sting zoning regulations, so we aze going to have to nrenaze some code amen�enr� s�� IV. ZoniIIg Committee Commissioner Morton gave the Zoning Committee report. �#04-082-904 T-Mobile (Memam Parkl - Conditional Use Permit for a cellular telephone aatenna on a freestanding pole. 2000 S� Anthony Ave., SE corner at Wilder. (Yang Zhang, 6S1/266-6659) Commissioner MoRon stated District 13 - Merriam Pazk recommends denial. No one spoke in • support. Three parties spoke in opposition, 8letters received in opposition. The public hearing was closed. The Zoning Committee recommended approval with conditions on a vote of 5-1 (Faricy). MOTIOIV: Commissioner Monon moved the Zoning Commiitee's recommendation to approve wifh condilions the condifronal use pernut Commissioner Faricy stated she voted against this because of 3-C. She thinks the use will be detrimental to the existing chazacter and development of the immediate neighborhood and she thinks will endanger the public health. Commissioner Faricy said the Commission has ganted for one of ihese antenna television towers in another pazk and several years ago they also granted permission for many billboards to be pIaced on the fences in the public pazks and she feels that we have gone faz enough with our public pazks. Commissioner Fotsch stated he has lived in the azea for 40 yeazs and said the pazk doesn't have enouah space in it for a neighborhood as it is and this is just an unneeded intrusion into the public space and there is no reason that we should sell any of that space to anyone else. Right across the freeway from this pazk there aze atl kinds of places they can place it There is no reason this pubtic agency should approve this kind of a private benefit for the intrvsion of the neighborhood and strongly urged the Commissioners to vote against this. Commissioner Anfang stated the land is being leased not sold and said as it currenfly stands there • 2 , I �. � /� is a light standard which this pole will replace and stand above that light standard and would be � no less intrusive to the uea of that pazk. If there is a health and safety issue at Merriam Pazk it is `% the terrain of the field that is sitting there that needs work. He doesn't believe this will cause any problem with the usage of that field. /� Commissioner Alton stated that Commissioners Faricy's and Fotsch's comments aze appropriate, / however he stated he looked at this as a land use issue and as a land use issue it seems that the application met all the requirements. The issues that have raised in opposition aze those that relate to a policy question of whether we should be using our public pazks for this purpose and that is an issue that should be raised with the Department of Public Works as to whether they should enter into the lease with T-Mobile. Commissioner McCail asked how long the leases last and Commissioner Anfang stated at the Zoning Committee hearing the representative from T-Mobile suggested that it would be a 5 year Iease with options out to 20 yeazs. Commissioner Kramer said that one of the condirions that the Zoning Committee did add which had not originally been proposed by the staff was that at any time during the period that the lease with T-Mobile exists, if the City wants the pole moved within the site or removed entirely that the cost has to be bome by T-Mobi:e. Commissioner Johnson stated there was a letter from the Merriam Pazk Community Council in opposifion to this. Also, there was a petition of 65 neazby residents signed in opposition to this. • However, there is a motion for approval from the Committee with a vote of 5-1 in favor with conditions. r-- The motion passed on a vote of II-7 (Fotsch, Lu, Gordon, Faricy, Johnson, Coletta, MeCall). #04 082 901 T-Mobile (Mareazet Plaveroundl - Conditional Use Permit for a cellulaz telephone antenna located on a freestanding pole. 1109 Margazet, N4V comer at Frank. (Yang Zhang, 651/266-6659) Commissioner Morton stated Dislrict 4 recommends approval. No one spoke in support, 1 letter received in support. No one spoke in opposition. The public heazing was closed. The Zoning Committee recommended approval with conditions on a vote of 5-1 (Fazicy). MOTION: Commissioner Morton »wved the Zoning CommiKee's recommendation to approve with conditions the conditional use pernvt Commissioner Faricy stated she voted against this for the same reasons as the previous case. The motion carried on a vote of IS-3 (Faricy, McCa11, Lu). #04082-898 Phalen Villa¢e Aousine - Conditional Use Permit for a multi-family dwelling development. 1365 Magnolia Ave., between Johnson Pkwy. and Bazclay St. (Ncmcy Homarzs, 651/266-6557) . Commissioner Morton stated District 2 recommends approval. No one spoke in support. Two 0�-8�� iVIINUTES OF THE ZONING COMMITTEE Thursday, May 27, 2004 - 3:30 p.m. • City Council Chambers, 3rd Ploor City Hali and Court House 15 West Keliogg Boulevard PRESEtJT: Alton, Anfang, Donnelly-Cohen, Faricy, Kramer, and Morton ABSENT: Gordon, and Mejia STAFF: Yang Zhang, Carol Martineau (Mary Bruton), Allan Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. T- Mobile (Merriam Parkj - 04-082-904 - Conditionaf Use Permit for a cellular telephone antenna on a fress#anding pole. 2000 St. Anthony Ave, SE corner aY Wilder. Yang Zhang presented the staff report with a racommendation of approval with conditions for the Conditional Use Permi;. Commissioner Faricy questioned if there was previous approval of cell phone antennas on public property and Ms. Zhang stated the only one approved on Parks and Recreation property was the Jimmy Lee RecreaYion Center, although there are other ceil phone antennas on Pubiic Works or Water Utility properties. Tne appiicant, Cnrisiopher Coughiin, is a represeniative oi T-Mobiie. Mr. Coughiin stated there was a public nng on March 22nd at Merriam Park and the proposal inciuded in the application packet was modified and take^ info consideration much of the inpu± r2garding the focatior, and issues about the fence that was received from the public that night. Applicant showed an updated picture of the antenna on a 45' light pole showing the net gain of just the antenna. He said the main objsctive is to increase in-home coverage. Commissioner Faricy asRed where the closest antenna of other wireless phone companies was located and the app!ican± sta+.ed there was one to the r.orth across !-94, Q�ries!, ar.d sai� ±hey did ana!�ze tha± ard it did,^,'t serve their needs. Commissioner Alton question whether tfie applicant had negotiated a lease with the Parks and Rec Dept. and the appiicant said they are in the final stage of negotiations and that finai approval needs to go before the City Council. Mr. Coughlin stated the Parks & Rec Board has voted to give authorization for negotiation to use public property for a fee. Commissioner Anfang asked what the current market rate was for a lease of a pole like this and the applicant repiied it was somewhere around $500.00 per month in the Twin Cities metro area for approximately 300 square feet. He said the number would be different for an existing structure to accommodate the antenna. No one spoke in support. Speakers in opposition inciude: 1. Glen McCiuskey, 2016 Marshalt Avenue, Saint Paui, MN., is a board member of the Merriam Park Community Council and lives 1 biock from Merriam Park. Mr. McCluskey stated the Merriam Park � Community Council passed a resolution at its April 2004 meeting opposing T-Mo6i(e's proposed placement of a ceil tower in the playground. He stated that they recommended to tfie Saint Paul Parks & Recreation Department and the City Council that T-Mobile not be allowed to erect a cell phone tower in Merriam Park. They are sympathetic to the Parks DepartmenYs desire to make up for lost revenues and budget cuts but they believe that public spaces should be maintained with public funds for benefit of the general pubiic and not developed for the private benefit of T-Mobile, its subscribers, or any other �. •.• privats interests. Their position is based on citizen input and on their Community Pian, which has been adopted by the City of Saint Paul as part of the Comprehensive Plan. The Community Plan requi�es any cell towers to be piaced on existing structures wherever possibie, for instance, north of i-94. Mr McCluskay said he hopes the City will reconsider plans to erect a private cell tower in Merriam Park � because it sets a troubiing precedent. if however the City pursues the tower in spite of the Merriam Park Council's objections, then they woufd respectfuliy request that the City negotiate a contract with T-Mobile that reaps the maximum benefit for the pubiic such as being sure that fair market rate is charged for the use of this public park land, sacure sufficient lighting for playing fieids as a condi#ion of the contract, and also insure for the taking into account the celi life cycle of the tower so that if it needs to come down both costs are bome by T-Mobile and not by the City of Saint Paul or the residents of Saint Paul. Commissioner Anfang stated there was a letter received fhat said that more tighting would not be a desired outcome of this and asked the appiicant if the Mzrriam Council had considered that. Mr. McCiuskey stated they taiked about the lighting and that it was never brought to their attention before this cams up that more lighting was a gaod idea so they didn't havs any particular reasan to think that anyone wants more lighting, aithough certainiy more lighting is fine, but they aiso understand thaf most events take piace in the park in the summer and end by about 9:00 p.m. when it is stiil light, so they didn't think additional lighting was of a great benefit. But if a tower is erected they wouid like to see lighting and have the power fuliy paid for and the replacement of the bulbs paid for, etc. Commissioner Kramer asked about the uitimate disposition of the tawer saying the staff report has a recommendation that if the antennas are no longer used ihey shall be removed within 1 year as stated, and he is assuming that appliss to the antennas and not the tower. Ms. Zhang stated that is correct tha± ths City wili own the tow=r ifseif. Commissioner Kramer asked if T-Mobile wiit pay for the cons?.^..�ctie,^, of the tower, and t"e Ci T�/ Nlf become the c:vne; af the totiv2r, if thz towar has to coma down, the City is then responsibie for the removal of th= tower? Ms. Zhang s`ated yes that was right� Walter Eisner, 1990 Merriam Lane, Saint Paui, MN, across the street from the park. Mr. Eisner stated he has 65 signatures of neighbors that opposed the placing of the cell tower in Merriam Park. Mr. Eisner stated that the neighborhood opposition to this is overwhelming, iYs ciear, and it has been voiced clearly at the community mesting. Ricfi Wilber, 350 N Cieveland Ave, Saint Paui, MN, 1 block over from the park. Mr. Krueger stated he was one of the individuals that went around and got the names on the signature sheet, and said that just so that the sign�cancs of that isn't diminished any, the 65 people that gof it were the oniy peopie that were presented with it. Everyone that they spoke to signed fhe sheet in opposition to it, they did not want it, and Yhese are not transient people, they are people that have lived there from 7-50 years. There was an overwhelming objection to the cell tower. Mr. Krueger stated when they moved to Merriam Park, it was not an industrial area and they don't want it to encroach into their neighborhood and their park which is a major focal point of their community. Commissioner Atton asksd if that was the overriding reason for people being opposed to it. Mr. Krueger said there were a number of reasons, but largely, why was the tower not put across I-94 in the bus tum around, or other piaces not within the park itseif. The applicanYs rebuttal remarlcs were made by Mr. Coughlin, who said: - regarding public use of land, he said precedent has been set by Qwest Wireless. - the City o# Saint Paul through the Saint Paul Ftegional Water Servicss captures a large amount of revenue from many tenants of the wireless industry on water towers throughout the city. - at the March 22nd public hearing the people were spl'�t 50/50 on the issue. � - for the most part the people were in favor of the lights for soccer fields at night. - there is opportunity for the community to receive benefits from the Parks & Rec programs. - there were signatures in opposition, but Mr. Cough(in reminded the committee that at the public hearing there were many in favor of the proposal. Much of the opposition was about the originai proposal which has besn revised. • ;: � Commissionar Krame; askad ii T-Mooile would handie the cost of the lighting, which includes cost of reattaching ligh±s and ongoing costs of the lights. Mr. Coughiin stated ongoing costs ara paid by the City but thay ar� paying rzn', which offsets the cost of the Iighting. Commissioner Kramer asked about anternas �ova! when not in use anymora because he doesn't want to sae the City responsible for the cost of oving the pole as long as antennas are still on it. Applicant said they wouid remove the antennas but that Parks & Rec would s±ili use the lights. Appticant stated they oniy wouid remove their own p�oper#y and the pol2 belong; to tne City so the City would be responsible for moving the pol�. Commissioner Kramer asked how long tha iease agre=ment was for and Mr. Coughiin statad this was for a 5-year term witn renewable c�ticns fcr a tota! oF 25 years. Commissioner ponneiiy-Cohen quastioned the bus turnaround and askzd if they could�'t get enough coverage to locafe in that area, to which Mr. Coughlin stated was correc2. He added that it is owned by Department of Transportation land which has a charter that forbids third party encroachment. The pubiic hearing was closed. Commissioner Aiton questioned Mr. Warner, City Attorney, stating that it appears that #he opposition has be=n to the use of public park land for this priva!e purpose and asked if the Planning Commission has jurisdiction ov=r usa o`, Parks R Rec land being leased to a private enterprise. Mr. Warnsr stated yes, and expiained there wera specific conditions with respect to the pole and in addition, there are general land use provisions that ara applicabie to all speciai uses. This is reasonabla as it relates to park land. Commiss;oner Faricy moved denial because of Finding c(3) in the staff report and said this will be detrimental to the existing character of the development of tne neigh6orhood and it wiil e�danger {he haalth, sa#ety and general welfare of the neighborhood residenYs. No sscond for the motion. � Commissioner Kramer asked Mr. Warner that after the tower is erected sometime down the line when it is ed by th� City, the City is resaonsible for moving that tow=r for whatev=r reason during the term of the lea�e and wants to know that if during the time that T-Mobile has a lease in place with th� City that they wouid be responsible for any relocation that the City may require of that structure. Mr. Warner stated that wouid be a reasonable added condition because the pole use is going to be on City property and said that the City has the duty to regulaie that through the land use parmit even if ths City owns th� structure. Commissionzr Kramer moved approvai with conditions of the Conditionai Use Permit with the additional condition that if during the time of the lease, the City requires the pole to be removed or relocaied it is the responsibility of T-Mobile. Commissioner ponneliy-Cohen seconded the motion. Commissioner Anfang stated he supports the motion saying that the risk posed by Commissioner Kramer's additionai condition is probably minimal based on the location of the pole adjacent to 1-94 right on the property line, and said it is a reasonable condition. Commissioner Alton said he wilf suppork the motion but the ne+ghborhood has very good concerns that shoufd be voiced to Parks & Rec to consider public policy issues as ta whether or not they should be leasing space to private enterprise. Adopted Yeas - 5 Drafted by: Nays - 1 (Faricy) Abstained - 0 Submitt2d by: Approved by: � � �� 1 W' -" � �� ; � 6 yL� Caroi Martine (Mary Bruton) Yang Zhang �Giadys M on Recording Secretary Zoning Section Chair FROM : llRWN CkLHNllSUN . FHX NU. : b1G C!y Cbdl Jun. G1 GbL�4 +�C=47H1•I rl � Mr. Paul Dubruiel PED Cit9 of St_ Paul RE: 1VIERRIAM PARK WAIVEit OF APPEALS DEADLINE Dear Mr. Dubruiel: June 22, 2004 I am wrifing to acknowledge that the city of St. Paul will find it difficuit to meet iis legai 30-day deadliae for hearing Merriam Pazk's two current appeals, and, to waive the Merriann Park Community Council's right to have its case heazd within 30 days provided the foltowing coadifions are met: � �2) That the Merriam pazk Community Councii's case will be heazd on July 28`�; �ll� That the CounciPs appcat will remain valid with this waiver; (iii) A�d pravided fi3�af ali necessary parties� -including the IJniversity of St Thomas and T-Mobile have also ageed to waive the 30-day deadline. We undentand this waiver to apply to both of our currenf appeals, one regarding the University of SL Thomas's proposed expansion and the other regarding'I-Mobile's proposed oonstruction of a cellulaz tower in Merriam Park. Please contact me if there aze additional questions or wncezns on these matters. �J azds, � Rolf rdstrom President Merriam Pazk Comtuunity Council 651-643-0712 Home 612-278-7156 Work 651-246-9386 Cell � •� � SAINT PAUL � AAAA CITY OF SAINT PAUL Randy C. KeFly, Mayor June 24, 2004 Rolf Nordstrom, President Merriam Pazk Community Council 1684 Selby Ave. Saint Paul, MN 55104 Deaz Mr. Nordstrom: DEPARiMEN'C OF PLANNING 8c ECONOMIC DEVELOPMENf Mm4haG.Fuller, D'vector 25 West Fourth Street SaintPassl, MN55102 VIA FAX 651-917-9991 � Telephorse: 651-266-6565 Facs "vnile: 651-228-326I This is in response to your letter of 7une 22 to Paul Dubruiel of our office regarding Merriam Pazk Community Council's appeals of the University of St Thomas conditional use pernut and the T-Mobile conditional use permit. Tlus is to assure you that the three conditions stated in your letter will be met. The City Council public hearings for both will be on July 28�`, both appeals remain vatid, and these aze within the timelines permitted under state law. St. Thomas did graut the City an additional 40 days to consider its application. The City's deadline for a decision on the St. Thomas permit applicafion under this extension is August 12�`. Please let me lmow if you haue further questions or need more information (651-266-6556). Sincerely, �o,�.°` U .i"^^'rw�''vl Donna I3rummond City Planner cc: Yang Zhang, PED � • �� nn nDa-go �iom MPCC SHCC • 6519179951 07/14/04 01:00pm P. 001 1Vle�riam Park ._. - -- ._ _ _ . _._. ��.��:ty-- --- ��x�� , . ��._ _.: _ __ _, _ _ _. _ �684-Selby-Avenue • St.-Paui--•-Mir�nesota • 55104- ____ -""- '"'"`" www.mernam-par _org • ctmerriamC�agiliti.net tet:651.645.6887 • fax- 651.917.9991 FAX Number of pages: � �0: � FAX #: i From: 12e: /� MESSAGE: DATE � " � ` i zz�.-- ;z� I ��k� Q- � �7' 6 �� `..,�.. aG��1�..�� --, > � `� u..-�. `_� �! � ' � �^ � �, � �.,� G;.,-�.��.i:PF-v'.r? � c��: J � L�iG�—� %'� � � � � L �..`�. , . C�L LL r :.` � ._.a�� . �f� c � / t '. J !� z� � C_ �-!� ' I — Y�. l._ t :.. .. _. � o��g�o Merriam Pazlz - Not Fc�r Sale We, tfie undersigned residents of the Merriarai Park neighborhood and users of Merriam Park. oppose the use of Merriam Park as a site for a cell telephone tower pr000sed by the City of Saint Paul in March of 2004. �� • � .. __ _ na,r.,,« Phnna Email MPCC SHCC 6519179991 07/14/04 01:00pm P. 003 OT�08V • 1l�Ierriazn Pariz - Nat �ar Salc We, the undersigned residents of the �llerri3m Park neighborhooci and users of Memiam Park, oppose the use of Merriam Park as a site for a cell telephone tower proposed by the City of Saint Paui in fUarch of 2004. Name Address rnone Gt�a. (-�vc� �i� s w� �� go oY1�r��w� Lc�.tn.e �eu� - z o3 �l �a,v� ��5 �,e� 1940 6�rria� L.a.�ne 2Y p• 20� � A�`Y��,�'Il'JC' 'C�l' � 9�� I1,�1�i L� 3 =/'�0 - ��/� ?'1 r e -F'�" r� / d � � � - � y y - ��f ° -�� 5'1vy t 579 �� a<cn T�ur�}�.ove� �95`t 5-4-`c`.a`-��r. 676`.� Email t'�ao{-G N7 1eR0�• �IM scadyi��rx' r %d �n-r.��i. c��n-� ivi�Fh � C� �/ t i ��l� , c��ii. {(a�t�r� cP.. r �na: }� . ki2,�. LS ��1�4�"9M/U_ .fl� a "Ju�t ��. s, � �,( c � f � � ____ (�� a � /'� -.� y ,, r� V � � � /'/ � . � .S/ ra_� c_� 3( � �dvKr- s,i (e�lt� v� , iZ- '� � I� r�.aoll� 5 i-_ ,� �7`�P(� � �CX17/� � �/�': � �� i��C,a. �t u �x �w e 3 � n ��-, a �,a�e. •(J 6 # 9 -/U z � u �..� 4 � 33[��r�� /� �°/9-JVz�I �. 1`Ib1 CAC o v�. ' b�l�'S�o1 ,�<C�L'\ ;Zf'L:•Y 1:1iC'Ys�'� 1.., 1�c�'l!_t_ c � r � ;?e o'^ir'/v2c..0 , � w. 1• i"y' k`.� ..�?; .: � �;rs ..�� c J- �%lr/r��G l� �1;t _.,C'�: � �7t ; . f7z< �rt, �S n c� �'� .a�:/CL�J�j�"�tl�c�„i��1 ��/J_ � 'i�/t':S '�r'c:5'<<:LL,�, rt.r.,t.�� (,�g�� O�o�t�7�^�. �`�' «,B� � � iI � � �. ,a,x5 - � Mer;�i�irri Parlc - l�Tc>t �c�r ��: We, the undersigned residents of the Merriam Park neighborhood arad +�sers of Merriam Park, oppose the use of Merciam Park as a site far a ceil telephone tower propased by the Citp of Sair,t Paut in March of 2004. AGmrn> AArlracs Phnne Email � �"t.'t ; �e .. L� I �' ,' ri )-� � �f C.� � t' �l��t F !�. c C / / .�? ` 1 �.'o? )/J� �S.T�� i! ;�!aG/� v J • Fi�G' �Sfl 'CLr.S:�,tir ;. ; ,,.:��%£ 173� /iL•!�->r1_ ,�' _ � /• t�. / -� _ l � l�c:, ' ��.� l � � tJ,SCVI Iz�ftit- V'i L �� ( f �' lC 7a� ��4SC�t/i � pj7f� S/' Gi S �...�c� �v; � i � � c: � p 9 � � � Cu �� - � y5 - 3� Y�e�J�r' (Q MA rt-tC � vs -! c i � � i � MPCC SHCC 6519179991 07/14/04 01:000m P. 005 Q��O �� • 1�CI'dla�l �.�c�I'� - ��8. F'(DI' .�3�c; We, the undersigned residents of the Merriam Park neighborhood and users of Merriam Park, oppose the use of Merriam Park as a site for a ceil telephone tower proposed by the City of Saint Paui in March o42004. " . ' "'__ _ _ nL��., � Cmoi! T!'�+t if�� &� o�: , <;�•,2 C�1'� � ��e i t;.<, i, � �'.11 IN(�.L •.. �?CI.i� L\ . � ) 6.t/�. J � % �! V `� i S (�!d'/ MPCC SFiCC V { ''O �V � � U C� 6519179991 0�/14/104 bl b�pm r. �uo Me�ziazn k'ark - Not ror Sale We, the undersigned �esidenSs of the Merriam Park neighborhood and users ofi Memam Park, oppose the use of Merriam Park as a site for a cell Yelephone tower proposed by the City of Saint Paui in March of 2004. d 4- 8�d ZONING COMMITTEE STAFF REPORT • FILE # 04-082-904 1. APPLICANT: T-Mobile HEARING DATE: May 27, 2004 2. TYPE OF APPLICATION: Conditional Use Permit 3. LOCATION: 2000 St. Anthony, between Wiider and Prior Avenues 4. PIN & LEGAL DESCRIPTION: 33-29-23-33-0115; MERRIAM PARK, RAMSEY CO., MINN. SUBJ TO HWY; VAC STS & ALLEYS ACCRUING & FOL. PART SLY & WLY OF HWY OF LOTS 1 THRU 4 BLK 7 ALSO LOTS 1 THRU 3 BLK 16 MERRIAMS RE & IN SD MERRIAM PARK, BLK 6 5. PLANNING DISTRICT: 13 - Merriam Park PRESENT ZONING: RT1 6. ZONING CODE REFERENCE: §60.413(18), §64.300(d) 7. STAFF REPORT DATE: May 20, 2004 (revised May 26) BY: Yang Zhang 8. DATE RECEIVED: May 4, 2004 DEADLINE FOR COMMISSION ACTION: June 18, 2004 A. PURPOSE: Conditional Use Permit for cell phone antennas on a freestanding pole � B. PARCEL SIZE: 425,950 sq. ft. C. EXISTING LAND USE: Playground and recreation center D. SURROUNDING LAND USE: North - interstate 94 and industrial, I-1 East - Mixed-density residentiai, RT1 South - School, one- and two-family residential, RT1 West - Mixed-density residential, RT1 E. ZONING CODE CITATION: Sections 60.413(18) and 60.423 of the zoning code permit instaliation of ceilular telephone antennas on an a freestanding pole on institutional use property subject to special conditions. Section 64.300(d) of the code lists general standards for conditional uses that the Planning Commission must consider before granting approvai of a conditional use permit. F. HISTORY/DISCUSSION: None. G. DISTRICT COUNCIL RECOMMENDATION: The Merriam Park Communitv Council recommends denial of the conditional use �ermit. H. FINDINGS: 1. T-Mobile is requesting a Conditional Use Permit to allow installation of antennas on a 75-foot � tall freestanding pole on the property of the Merriam Park Playground and Recreation Center. The playground is owned and operated by the City of Saint Paui Department of Parks and Recreation. Three sectors of antennas are proposed at the top of the monopole. The existing lights for the playground wiil be attached to the pole at mid-height. Four small radio cabinets o� S�� Zoning File # 04-082-904 Zoning Committee Staff Report Page 2 wiil be located on the ground. The tower meets the applicable setbacks. The applicant desires to add the communications equipment to atlow compfete coverage to mobile phone users in this area. Saint Paul Park and Recreation Department staff are in negotiation with T- Mobile regarding the terms and conditions of the leasehold agreement. The agreement requires City Council approval. Instaliation of additiona� carriers will solelv be at the discretion of the Citv of Saint Paui. 2. Section 60.413(18) of the code lists the conditions for the installation of celiular telephone antennas on a freestanding pole on institutional use property as follows: a. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential structure at least sixty (60) feet high, an existing institutiona! use structure, or a business building within one-half (%) mile radius of the proposed antennas due to one (?) or more the following reasons: • 9. The planned equipment would exceed the structura! capacity of the existing pole or structure. _ 2. The planned equipment would cause interference with other existing or planned equipment on the pole or structure. 3. The planned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the existing pole, structure or building is unwilling to calocate an antenna. This condition is met. T-Mobile stated in the application that they had researched possible � sites in this area to accommodate the antennas and equipment. They determined that there are no existing structures in the area that are taller than 60 feet, have a wiiling landowner and/or meet the coverage objective. The applicant has supplied a radius map with detaited information on each structure researched. b. The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that the surrounding topography, structures, or vegefation renders a seventy- five-ioot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. This condition is met. The proposed pole is 75 feet in height. c. Antennas shal! not be located in a required front or side yard and shall be set back one (1) times the height of the antenna plus ten (10) feet from the nearest residenfial structure. This condition is met. The nearest residential structure is 1947 Roblyn, which is approximately 400feet away from the proposed pole (85 feet setback required). d. The antennas shall be designed where possible to blend into the surrounding environment through the use of color and camouftaging architectural treatment. Drawings or photographic perspectives showing the pole and antennas shail be provided to the planning commission to deteRnine compliance with this provision. This condition is met. The appficant stated that the poles will be steel and painted to rnatch the � existing light poles. Photographic perspectives showing the pole and antennas are attached. • i i• Zoning File # 04-082-904 Zoning Committee Staff Report � Page 3 e. Antennas located in historic drstricts or on historic building shall be subject to the review and approval of the heritage preservation commission. This condition is not applicable. The building is not in a historic district. f. Freestanding poles shail be a monopole design. This condition is met. g. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possib/e. If a new equipment building is necessary, it shall be permitted and regulafed as an accessory building, section 62.106, and shall be sc�eened form view by landscaping where appropriate. Four smali cabinets for housing the equipment for operation of the antennae wili be placed on the ground. The largest cabinet is about 3 feet wide by 2.5 feet long by 4.5 feet tali. The equipment cannot be accommodated within an existing structure and does not need a new structure. The applicant initially proposed a chain link fence around the cabinets. After discussion with staff at the Parks and Recreation Department, the applicant removed the fence, as children will likely climb over the fence to retrieve bails, causing safety concerns. The cabinets will be doubie iocked with electricai wires entirely underground. The equipment will not be a hazard to the pubiic. The screenina and concealment of qround equipment will be � h. The zoning lot on which the pole is located shall be at least one (1) acre in area. This condition is met. The parcel is 9.8 acres in size. 3. Section 64.300 of the code lists generai standards for conditional uses the planning commission must consider before granting approvai of a conditional use permit as follows: a) The extent, location and intensity of the use wili be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The City's Economic Development Strategy refers to the importance of ensuring investments in local and regionai infrastructure supportive of economic development. Communications linkages are identified as being an important aspect of infrastructure. b) The use will provide adequate ingress and egress to minimize tra�c congestion in the pubiic streets. This condition is met. The proposed communication equipment is made of galvanized steel and requires minimal maintenance. It will not affect traffic circulation at the recreation center. cJ The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general weifare. This condition is met. The cabinets will be double locked with electrical wires entirely � underground. The antennae proposed on this site wiil be secured according to building code standards and will not be detrimental to the character of the neighborhood or endanger the health, safety or generai welfare of neighborhood residents. r + r Zoniog File # 04-082-904 Zoning Committee Staff Report Page 4 d) The use wi!l not impede the normal and orderly development and improvement of the surrounding properfy for uses permitted in the district. This condition is met. The surrounding area is a mix of one- and two-family homes and apartmenfs. The area is already developed and the proposed use would not impede any expansion or improvement of existing developments. The property is a City-owned recreation center, where no development is expected. The applicant agrees to remove the antennas when they are no longer used. The monopole structure wiil be dedicated to the Parks and Recreation Department. e) The use shall, in all other respects, conform to the applicable regulations in the district in which it is located. This condition is met. The use conforms to the all other applicable requirements of the code. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of a conditionai use permit for installation of ceil phone antennas on a freestanding pole at the Merriam Park Piayground and Recreation Center, 2000 St. Anthony Avenue, subject to the following conditions: � 1. A Iease agreement is reached between T-Mobile and the City of Saint Paul and approved by the City Council; � 2. The screenina and conceaiment of around eaui�ment shall be aooroved bv the Citv of Saint Paul. Deoartment of Parks and Recreation: and 3. if the antennas are no longer used for cellular phone service they shali be removed with one year as stated in section 62.120 of the code. � ,, : �:':. �, ':�'', !AA1FA Oµ-880 Zomr� o� use ony F�#o�-a�'z•�o� Fee: ��O Terrtative Hearing�_ �� COND1770NAL USE PERMIT APPLtCATtON De�m6ueRt ofPlmtning ard Economic Developato+t Zoning Section I400 C'tty Hall Annez 25 Wcst FoYrth Sbed BaintPaa� MNSSIO2-I634 (651} 266-6589 APPLICANT City �_�� ✓� St N1,� Tap Name of Owner (if diHereirt} �.� {� o� CoMact Person ("�f Phone jcla--�O �6 `1'a-C) PROPERTY �ocanoN Address ! Location � � 5 Ei additiawl sheet if neeessary) A�c2U TYPE OF PERMIT: Applicafion is hereby made under provisions of Chapber S u 61� �, Section � C� . Paragraph �('� of tl�e Zoning Code for a: � Special Condition Use Permit � Modfiqtion of River Comdor Standards � River Corridor Cond'Rional Use Permit SUPPORTING INFORMATION: Seppiy the iMormation that � appliqble to your type of permit. (atqd� addifio�I sheets if necessary) . CONdff70NAL USE: Explain how the use wiil meet each of tf� speciai eomiitions. . RIVER CORRIDOR CONDITIONAL USE: Oescribed how the use wli meet the applicabie conditions. . MODIFICATION OF RIVER CORRIDOR STANDAROS: E�lain why modifications are needed. S 'e "e � "f'� G.0 1'� Pc� ��e � ;a` c lczzti�. ��fv`� 7 ��-°`� � �y��.ea srte �� aea�r,sa 5 apprcanYs signaa,re `�� / Y �_ �� l,' f ir T�` (�% �"� Ci�y �i eM L j �{-o � �. • .-1 i May 4, 2004 St. Paul Zoning Department Attn: Pianning Committee Chair 1104 C'�ty Hatt Annex 25 W 4th Street St. Paul, MN 55102 RE: Application for Special Conditional Use Permit to allow Construction of a T-Mobile Wireless Telecommunications Site at 2000 St. Anthony Avenue, St. Paul, Minnesota. Dear Planning Commission Chair: T-Mobile (VoiceStream Minneapolis Inc) is submitting an application to the City to allow for the reptacement af an exist+ng light standard with a seventy-five -foot ta{f: at Merriam Recreation Center 2000 St. Anthony Avenue. The City of St. Paul Parks & Recreation Board owns the property. This application has been prepared in accordance with St. Paul zoning ordinance: Subdivision 2. 60.410. R-9 through R-4 One-Family Residentia/ Districts, Sec. 60.413. Principal uses permitted subject to special conditions states: � (18) Celiular telephone antennas located on a freestanding pole on institutional use property, subject to the foliowing conditions: a. The applicant demonstrates that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential structure at least sixty (60) feet high, an existing institutional use structure, or a business buifding within one-half (1/2) miie radius of the proposed antennas due to one (1) or more of the fol4owing reasons: 1. The planned equipment would exceed the structural capacity of the existing pole or structure. 2. The planned equipmen# would cause interference with other ex+sting or planned equipment on the pole or structure. 3. The pianned equipment cannot be accommodated a# a height necessary to function reasonably. 4. The owner of the existing po1e, structure or buiiding is unwilling to co-locate an antenna. b. The frees#anding pole shall not exceed seventy-five (75) feet in height, unless the applicant demanstrates that #he surrounding topography, siruciures, or vsgetafion renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by tweniy-five (25) feet if the pole is designed #o carry two (2) antennas. c. An#ennas shall not be iocated in a required front or side yard and sha4f be set back one (1} times the height of the antsnna plus ten (10) feet from the nearest residentia! structure. � ay-8�v d. The antennas shall be designed where possible to blend into the surrounding � environment ihrough fhe use af cofor and camouflaging architectura( freatment. Drawings or photographic perspectives showing the pole and antennas shail be provided to the planning commission to determine compliance with this provision. e. Antennas located in historic districts shall be subject to the review and approvai ofi the heritage preservation commission. f. Freestanding poles sha1� be a monopole design. g. Transmitting, receiving and switching equipmen#. shai! be haus2d within an existing structure whenever possibie. if a new equipment building is necessary, it shail be permitted and regulated as an accessory building, section 62.'f 0S, and screened from view by landscaping where appropriate. h. The zoning lot on which the pole is loca#ed shail be at least one (1) acre in area. T-Mobile proposes to instatl three sectors of antennas, at the top of the proposed monopole and attach lights to the pole. In addition, four small radio cabinets will be (ocated af the base of fhe tower. The proposed tower meets the applicable setbacks. There are no existing structures in the area that are tafler than 60 feet, have a willing landowner and/or meet the coverage objective. Please see the enclosed radius map. Enclosed you will find additional applicable material required to file for a Conditional Use Permit, which includes an apptication, fee, survey and site plan, radius map and a RF propaga6on inap. If you have any questions about the proposed installation o� you need additional information, please contact me at 612-220-6470 or by mail at 3101 39 • Avenue South, Minneapolis, MN 55406. RespectFully, � �� Christopher A. Coug in Consultant Encl. Application Fee Drawings Radius Map Propagation Map � r �: � L� . Consists mostly he area north of I-94 is adequateiy cove of commercial existing T-Mobile site. The coverage obj North of I-94 parcels. 20' to 80' is not met from north of i-94. • RADIUS MAP DETAILED INFORMATION . � � •i LY ��"tte ��h'��a `Qt � Beeedy Rd Taevn mM CaaffiY Cht� g � N C� t� � � 9 � � ,�� Z b a ' � Q a ° o m . � a` U . �- - -- � Btairllve --- - - - Gatnnd Ave -� m � -- ' .._� N_ tn Thomes Ave rn c o, ° � � EdmundAre � - s s �� m z Q � Q m c- Charles Ave st � s m Z L s y � - Sherbartie Ave rsity Are W Unirersi[y Ave W � [A Z � � � — y, ._o. _ c N _Z Q Gj ��_�.,� � m c� � m- f!1 m ?� � w .2 En c r �r'.��-' m m `m m � �, ' - 1C,& �'�\ - O m a �' �° c Merriam ��L}2 `_ _ . - St _ U7 RoWyn Rve Terrace -'��`��_ � -- - Carruli Rre St Paul � Concortha /�— — 'J,. . _ - �. - - - . .SOUm N - Camoll Are � � lgle.tiart Are 7 s' - - � � - - -- iglehart py¢ -- . _ _ , Q . m ?6_ Marshal! 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I understand that a conditional use permit pretty much must be issued if T-Mobile meets the conditions in the ordinance. Even so, I am not happy with leasing public park property to private entides; the situation reminds me of the early. years of highway building when the cheapest and easiest routes were through public parks. Ms. Prince, I hope you will convey to Councilmember Benanav my concems and my hope that if the city council is going to approve this lease agreement, it does not do so until it has assessed the market and how much competitors of T-Mobile would pay. The city council shouid sure that the city is getting at least as much money as a privaYe property owner would. I believe that companies looking to use public land see it as a cheap alternative and that is cheating the pubiic. Sincerely yours, Debo2h Dyson i »> "Yang Zhang" <yang.zhang@ci.stpaul.mn.us> 5/19/2004 9:15:33 AM »> Dehorah, I just heard from Mike Hahm with Parks and Recreation today. Parks staff are meeting this Friday with T-Mobile to discuss the defiailed terms of the leasehold agreements (for both the one at Merriam Park Rec Center and Margaret Rec Center). The Parks and Recreation Commission in January reviewed and approved a boilerplate of these agreements, but did not approve this application specifically. After Parks staff negoGate the terms of the lease, they will forward it to the Ciry Council for finai approval. Mike said they expect to be in front of the Council in )une. They don't know the detailed date yet--it will depend on how smoothly the negotiations go. The terms and conditions of the lease have not been discussed yet. We expect to know more in a week or two. The conditionai use permit, if approved by the Planning Commission, wili be subject to a lease agreement approved by the City Council. � Hope that answers your question. Feei free to call (266-6659) or email me with your comments and concems. Regards, Yang Zhang file://C:�Documents%20and%20Settings\zhaug\Local%20Settings\Temp\GW}00009.HTM 5/19/2004 • " � . »> "Deborah Dyson" <Deborah.Dyson@house.mn> OS/17/04 0324PM »> Dear Yang Zhang: I received the public hearing notice for the planning commission/zoning committee hearing on May 27th on the T-Mobile application for a conditional use permit for a celfular tetephone antenna in Merriam Park. I am not sure I understand what this means in terms of what has or has not been decided so far. (I know what a conditional use permit is.) Does a conditional use permit have to be approved before the city would negotiate a deal with T-Mobile? Or does the application for the conditional use permit mean that the city has already entered into a lease agreement with T-Mobile contingent on approval of the conditionat use permit? If the latter, what are the terms of the agreement and how were they determined? Deborah Dyson 313 N. Wilder St, SY. Paul, MN 55104 651-646-0113 Page 2 of 2 �� • �� file://C:\Documents%20and%20Settings�zhang\Local%20Settings\Temp\GW}00009.HTM �/19/2004 • ::• \ ��e to Lr�q Q .� - �, � � � �. zon��ie �o�-og�-9o� lV�erriam Park Communit� Council, Inc. 1b84 Selby r-lveaue • S? Pau[ + Minnesota • 55104 www.mer:iam-park.org • ccmerriam@z,�iliti.net r::l: 5�1.645.6887 • fax: G�1.917.949i � �. H � : May 2a_ 2004 As you aze awar,,, t}�c M�r.iam paz�S Community Councl suopo;te3 a r..sotuGOn at it: A�ri120�J4 mee�„ng aFP�� T-Mooile's pzoposed pluement of a ceil toEVCr in Mer.iam ?uk W� Save recentiy leamcd tha: the St Pau� Parks �d Rxrcuioa Dep� ment is eontinuiag to p¢tsue a conL-act wiL� T-,Ltobile for iusc such a eelt towe:. The Cometvni,y Cot:ncii would lik: *.o ztit�^ra;c i5 opoov:ion co tbe p*o�wsed :..�ll *.owc;, s� a��p•,�� ;; Apri12004 Coutuil me.tiag: � "a'e recos�r�d r.o the St Paul Par.l-s and Recr�tion Dcpaaamr. ar�d the S*_ Pau! Ciry Counal fliat T-Mobile not bc allowea to e::c� a ccll phone tower in :14sr.iam park." 'Ihe Com.^:vairy Councii is very syagaliutic to the �'arks Denn�mrnt�� d�q� ta xa�c� up for m lost a' budcd cvts, buf beticv`s that pubIic sp�ces �hou;d be maincaincd witE� �ub[ic funds ;or grne:a( pttblic ben�t, and not devclapal for the p;isa;o brncut crf T•Mobiie svbsc�bxv (or any ut�4er private intcre�»s). The above position wa: ba,eed or. citiz� input and o� evr Coc^v r�^:!y ??�,. �� , t; , ; ;, y . p; �� s3opted'oy t'�� c:ty o; St Pai:i as part of its Comarehecsive Plsn, and ;equi,:s a�y afl tow�crs to be placed on ecisti: g s2uctur_s w�ver possiblc (wmewhsre on the Nonh s�de of F-94 fo; �amplcl. Wc bope you wiil cecorsida you- �lans to erx; a private celt towe; in A•{erriym Psk. IE sets a troubling Fazee�-nt If howcver, die city pucsucs ;h� tower in sFite of L'u Cr.mmv�ity Ceuncii's objcctiocs, then we respecifiAly r:qvest L'iat you aceotiau: a coa�zaa wi;h T-�tobil: chzc r-.aps C1e Q.a.�cim� bene5t io: the affecced public by; > C1�srgiog fair macket ro fnc tfie u.ae nf peblic paz(daad (shoald be compazable m privat` iaad); D Securing ,ufficient lio for nlaying fields as s� eaadirion of the consac;; � Ensnzing that the ivll lifecycle eost �F the ceil towe is cov:red �� T-Liobile should aovcr L4e . cventual decoauaissioaing and�'or removai ot chc cc11 towec ii/when ic is oo lange: in use). Abandoned inL-nstrt:c�nue shauld noc bc icft for the city to deal wiLi and �y for. On be5atf oTthe Ivterziam park Com:nunity Cc+ur,ci:, tnank you for the good work you do to maintain our city's natura( and r_�creationai amrnities, �� Bzs[ regard.c �� Ro1fN x� m ` President Merciacn Peck Coauauni!y Council CC: Jay Benanav St Paul Ciry Counc;l St Paut Zo n—'m z o Comauttcc Sc. ?swi Pkwning Commissio¢ • :;� Yang Zhang - Ce3( Tower meet' Pa�e 1 of 1 �� - - - '�'� �`�� t�,u.-ag,. — Qcc1 From: <Barbatwilder@aol.mm> Tfl: ryang.zhang@d.stpaul.mn.t�s> Date: 5/26/2004 4:59 PM Subject: Celi Tower meeting I wish to express my opposfion to the conditional permit.far a ceU tower in Merriam Park. I�have attended the meetings prior to this one and have signed the petition stating my opposition. The aty parks should not be invaded in any way by big business. A; � you se*.ting a pr�er.t by allowing T Mcbile into the aark? If you atlow one business into the park sys�m of St Paul, what is to pr�vent other businesses from s'''!cing ±�:Y�� waEm c^ .:: pa�. ?';a pa�;� ` � e ci�zens ofi S�. � a�c ��r Pauf to enjoy. Our tax dollars pay por tne an ,� t�� t�,�;�� ,� � � use the properLy. Barbara Kittinger 349 N. Witder Street St Paui, Mn. 55104 • � � i:1 Z�� Q4--o82-90� � y� z=s, Z�ca zoniag Commi�ee Cin� of St Pan1 _ pl annin � �g �„onomic Devetopment 14Q0 City Hatl Annzx 25 �%est FourL'� S�eet St Pau1, IvLti 55142-1634 Re: Public fiearin� F�a p4-082-904 Condidonai Use Pznnit for ceIl tower az�ferriam pazk Dear Committee �Sembers: We Iive direcfly across Prior from Vle:riam. Park W"a aze the closest owner-occ�pi��? hou, fro� rha proposed locarion of the cell tower. As homeowuers and lon� tims rzsidents, we aze exu�emzly oPPosed to Iocatia� a cell tower in the Park, especially ri�ht in the sports and play azeas. I'he park has beautifiil old �ezs �at line the landscape of the hill in the pazk. Haviu� a cell tower protrudin� from amongst these tr�s woutd be ea unsightly. Parks slxouid iughliaht nat�e, acd ;he current pazk does jwt that. Even the stairways in the Pazk are made of naturat � wood, on a flocvin� 1ull. The tower would iuin die skyt IIe. Secondly, and even more important is the threat posed by the equipment and under�otmd wirino. Supposedly the putpose for aIiowins the tower in the pazk i� °`for th� lads" to alloc�� the ciry to � li;ht the playino fields as part of a lease bar�aining a�'eemeut. Because of Yhis, the tower is planned ri;hz in the glay az�a, with no fence to ke�p the children away. Cellniar tachnolow Ploducas eizctromagnet radiation, and we would be aeediessly exposin� children to this danger, Per Ron Kennedy, M,D. of Santa Rose, CaIifornia, "�e ��y�tion between s�oag �r�G�omagnetic &elds and cfiildhood leukemia is certain and more research needs to be done in 3hearea to fully confum its effect on other condirions and at other times in life." `Ve wo�.ild ha=�e child:en aad the� g�eas s� a� P�3�g �ery c.ose .a t�'u; i u-u�-'p�en;, exP°� them needlessly to leukemia and otfier poteariat p�ysical grobl�s. 'Ihe neighbors of the Mei:iam Park area have ea�pressed an interest m doing fundraisin� to handle the need for �' ��e P�'� ��r �an to seIl our souls" and allow a cell tower in the park to help pav for th�a. Please do not �ant T_Viobile or the Ciry Pazk Deparfinent to gain a conditionai use pemut. Thank yoa Smcerely, .��? .�o��h s�� 330 Prior Avenue hio. � SL Pant, h�; 55104 ' 651-649-1024 s��,� �'��5" � ' umacher , � J � Yang Zhang - Cell Tower Permit proposal From: °Eisner, �Valter" <�reisner@carepro�iders.org> To: ' yang_zhang�� <:'an�•�' y��^2ci.stpaul.mn.us> Date: 5,25/2004 1:53 PM Subject: Cell Tow�r Per.nit Proposat Dea: �1s. Zhan�, r A= ---- 7l�a7 - og 2-go� My name is Walt�r Eisner. ! reside at 19g0 Msrriam Lane in the Merriam Park neigh6orhood ofi St Paul. t raceivzd a nofinca;ion that th=_ Pianning Commission Zoning Committae will consider a reGues; from T-Mobile for a Condi6onal Use Permit for a cefi tow=r to be placed in Mettiam Park. Over 64 immediate neighbors of the paC�c signed and presented a pe6tion to tha MeTiam Park Community Councii last month stating tha±they were opposed to the piacement o; d CEII tOwQr in M,?rri�m D n,� �� i � a _ � Communiy Cour,cii voted to deny T-Mooilz's request. '' There is c(ear neighborhood and communify opposition to the usz o` Merriam ?ark for such a cammercial usa. Neighbor, gaie many reasons for their opposition, including: • �nappropriate use of city park land evhen commerciaUindustrial property is located nearby. . T-Mobii=_ is attemp5ng to use hax-fre� properfy fp� p�a�ment of the tower and it would be bet�er ci� poiicy to place this tower on tax producing property. . Tn�re i no clear city poiicy on the comm=rciai use oP city park land for such pur�oses. � • i n_r� nas been r:o compe�tiv= bidding procedun for t5is use of city land. . It is uncle2r whet`�er any revenu=s generated fror;� the leasing of tfiis parfc space woulcf com� back ta tvierriam Park for other pa�c uses. • A cell tow=r does nof m�t a"public need". Tne on(y beneficiaries of sucn a cei! tower would be subscr,bers to T-Mobile ceil company. If there is a pubiic purpose in promoting celi tef=phone usage by tne cir,r, it should be a sYatad po�i�y and nortnal cibj bidding processes shouid be used. Finaily, many neighbors tumed out for the community me�5ng witn the Community C when their hearing was h=1d. Residents ara not abie to take off work to at!=nd 3:00 p.m. mestings in downtown St. Paul. Our aaologies for not being Yo a!�er.d �he meetirg ir per,on. Please provide this informa6on fo the Zoning Committee as tfiey delioerte this request The neighbors and residents o`the immedpate surraunding area of Merriam Park strongty oppose tfie gra�ting of a conditional use permit for a cet! to�ver in the parEc Tnank Yau Walter Eisner 1990 Merriam Lane St Paul, MN 55104 651 �46-2034 Care Providers of Minnesota 7851 Metro Parkway Suite 200 Bloomingto�, MN 55425-1421 Phone:952-854_2g4q Fax:952-854-6214 MN Foii-Free: gpp�62-0024 htt�-�P,vww. careprovid=rs. org � �' Yar�g Zhang - Zoning Hearir�g Thurs�iay: Meriam Park Celi Phane Tower T� __�:r.;�.— _ — .T,--_-T.�_�._ �m: Doug4as Altchin <aHchin@pctink.com> �� O � — � — 90� Ta: <yang.zhang�ci.s�paui.mn.us> DaYe: S/26/2004 1:02 PM Subject: Zoning Hearing Thursday: Meriam Park CeII Phone Toµrer Dear Mr. Zhang, I am writ�r,g to express strong opposition to the proposed ceil phone tower in Meriam Park. I am additionally disturbed that this issue was addressed by the local community counci( and vot2d against, and yet now appears to be resurfacing, no doubt expressirg commeriql interests and the ability of finandal support to continue to gain zccess and voice in pubiic governance. Pubfic gwemance is open and "free" in principle, but when "public" hearings are during regular wor!c hours, the process itself favors thosz who qn attend as paid empioyees, either representing a aty office or a commerdal inter,.st. I trust that this note wil! count fuliy as participation and that nzgotiations during the me=ting will retlect the posturzs reFlected by those not in rea!-time attendance. The park is a public property and NOT a commerciat prQperty, r sysi=m o` democracy, one person=one voie, not one doilar=one vote. 'sion shouid refiect pu�iic consensus, not tne interests of a f��rr. The propos� cefi tower dees not reflect pubiic benefit. The locai residents, who woutd most benefit from any "pubiic" service provided by the tower, have indiot„�d they are NOT in favor of this. The tower wouid not be "public" in the sense that it is cantrolied, operated and profited by an exclusive commercial interesY. It is not in the public interest. In additon, altemativ=s are readi(y availabie: (1) T-hiobile can bid for land in the open economic market, where such commerciai transactions shouid take piece. It could seek permission to buifd on the pub{ic highway right-of-way, next to but outside an area d�ignated as a park. (2) Regarding support for any proposed iights in the park, the Parks & Recreation Board can seek funding for lights i� the park t`�rougfi traditional channels, and they hav> not yet tried to do so. 6iven that alternatives are readify available, and further that the proposai is not in the pubiic interes`4 no special conditional use permit is warranted. �Douglas Allchin 2005 Carroll Avenue St Paul MN 55104 651.6Q3.8805 ' vy-��O Pa�e 1 of 1 Yang Zhang - t mobile cefi towsr - -- Z.f G�F From: <JanTana1@aol.com> • To: <yang.zhang@ci.stpaul.mn.us> Date: 5/25/2Q04 8:�1 PM Sufiject: t mobiie cell tower Please note! There are 60 plus people in the immediate vicinity of Merriam Paric who have taken the time and energy to sxpress strong opposition to t mabile's plan to estabiish a ce11 tower in our city parfc. You shov[d have a copy of the petition thaf makes our names and our opoosition known. Do you knotnr of sixty people wt;o us� and appreciat2 our ci�y par'�cs tha# WAN i a celi iower in the park? T�^cf2 lS j��ci � y �rp��;,,, ;d�� i+�ai is nat paric iand for T iviobiie`s consideration. My guess is t,��t tfi°Y ar° lcokir�g fc; an o��,�rtu�i�y t� avoid paying taxes and so are looking For Park space to accomplish this. If this is true, perha�s tfie cify can benefit mor2 in the fong run if T Mobile lands it's cell tower elsewhere, and pays the crty taxss. Our Parks need to be kept free from commercial inferests, period. Sincerefy, Jan Eisner M2rriam Park R�si�ent St. Paul Tax Payer � �� Yang Zhang - Ce11ular Tower - Iyeriam paric - pile 04-082-904 � � � _--.�..—.�r_;—�;_-_____...,_,_,_� _ Fram: �bbie H�nderson <libbieh@pdink.com> To� <yang.zhang@d.stpaul.mn.us> Date: 5!25J200? 9;0� PM Subject: Ceilular Towe- - Meriam park - Fte 04-082-904 I am writing to let you know of my opposition to pu�tting a cell tower in Meriam Park. I hope this message wifl be inGuded in pubtic comment on that procosal. The commun,'ty councii tumed down this proposa( and I am surprised that interst continus. Attendees at the infortnational and community coundl meetings raised many interesting issues regarding locating the cell tower in the aark. In oenera{ those issues centered aro�±n� *_h_ ��: ±��; �+.� proposai essential;y amounts to 'sellir.g' a piece of the oark. I think it is fair to say that many of those attending the meeting feit that there was not adequate jus�fication for such a land use in the park. Especialiy when there are many better locations nearby - particularly across the higfiway to the nort�'�. The park is used by many area residents for reasons other than sports and therefore, the lighting issue was not key to many. I, in par�icular, am not swayed by the provision ofi lights by tne proposer. In f�ct, I persor,ally do not want the park to have more light. I�e proposer has chang2d the proposal since the informationaf and commurity council meetings, and if the commission believes Fhat the aiter`d Propesai corzcts some probfems and views it favorabiy - I suggest that the changed proposal should go before the community council again prior to action by the commission. I am sending this e-maii because it will be difficuit to attend the commission meeting during a workday. Tnank you for yo�r rg�, ?n� co�sidention. E3izabeth L. Henderson 2005 Carrotl Avenue St. Pau! MN SSI04 051-603-88Q5 O'�-8 8C� Pa?e I of 1 � O� � r �� ..� � � �� , : ; _ � .- :� � � a =.�,,� .. .� � : � �=�- -�. p � A �<° � ;" , 4 �, fi; � . �dYr� . "�'..{ . e "�` �,.,x°.. *w, -".tz:. �.�c ..,, e . ,i , Figure 1. Existing light pole at Merriam Park Playground ZF # 04-082-904 i �_�� 3,G�` Y' � - � X ��` «��! . � . .� _ . __. ` : �. r, .� �� , k"k� t � . ' -F-: . i _ ..u' . E . 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