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MINNEWTA m I�AlP407—S2 1`3 I D I c It I 1-- a A a 1 7 4" OA =14 CID Is" X 4 1 5/v (MAX 1� I)W It m DETAIL (3 PLACM) nm cryj m cooisn� Put m IT ovm� IVIED M� NO MVM FOXE WW 4e� CABLE LADDER a 1 5 �114.r � cryp) �Tmlk lklL K 'AM SECTION \�S jj (3 MACM) (TV) a �y' 8 X B 1/2 X30 � 0�12) FWD 4 1 12* AN\ SECTION 3 � w (m m WIF) �114Wr � a� crfp) IAMt �114xr xmII 51r, II(W /A R\ SECWN X I 13a"57) 1=314) w lcr�- /A P� AT &L w a O\ SECMN W T-� - dlqy EbI. w IIIXXW Im m mTm m mmobile "HEym BE" MINNEAPOUS MARKET — A STEEL GUARD POST DETAIL (m Q �) �' :HANHASSEN WT/MINNEWASHTA PARK AIP407 SECTIONS AND DETAILS 6434 MURRAY HILL ROAD EXCELSIOR, MINNESOTA Al P407 -S3 3 A a 1 7 1 6 5 4 1 3 1 2 wo MM. -M D. D ..-.D.n �m� �� VICINITY MAP PROJECT DATA 15n xx" m ob il e T� � Alp �y ,, All 'In FIXT GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM �WS��LAMA� HE�x� Tr� vl�s� IT K �T -.Tl -x T� �m x FIXm m m �y T-� N/A C=� I .51=11 ASSESSDR-S P� -T RAW LAND SITE CO–LOCATION SITE Iff T� T� w om=� m pl� IWT)i 17. IMI) M I:rrr4Y� MI) � &w. �17 pl� m� xm T� IM FU� SITE DIRECTIONS w (powovvwxI) 7� T� M VAM 5 T� �A� T� 4 F� T-� - Imm w 1;=I� T� OWNWS AT 1L me*. T� m AWLmo lr� AMPLIFIER) T� T� FI]4R � 7-� I � = W� & F�W, SWRDIAM M 19. m K � N A FIM wx MI) ~M N CONDrMK WT IY 7� - iIm�llsiIl� mw, w GOPHER STATE ONE CALL T� (IwT M TwR) T� w � I'FlIM (iwr m n" T� DRAWING INDEX im� crawn) T� 7. & 9. la 11. It �ATW�MY LrTxnvm� lrl� w a m lj� lll� ual� w �y �AIT 4y `Ylws�. mm MY pu� IN � MI) mw 1m]q f1m. IN �y III) Icrr F�n CODES AND STANDARDS ABBREVIATIONS Al�� Ism AlIpWF� ..... PIM Al�-Al ..... �� W) � �� Al�-M ..... " M� Al�� AJll) WTW3 Al�� ..... P� W) fk� �M � A~� ..... �� - An (1) - W� � 2 & M 3 � � & ItIYA� iij - � Els �I) - n� �`FlQk� MIT'V FWACMIlm) pIom Imt A w M. w m m I�KMOI Imt W � F�T w a A� MI( m M �T AMPERE(S) �Trts) m m nm m px� mv. m� Ii=Il m� mi� W I -F. � FffT m w MA WIM� u/G w � If �7 IN IMAM m 1p� W FIml WA� lM() ��ylrrlll I)w plxw � wl wl�) Dmmnt) W�m � � � CMSTKXToN) 4. (� � SOMM & M 0� � CODE) & (�A IMR� W �TATIIXO 7. V� M� NSMUtE) & im (wp� w 9. (M� 000E) 10. (m� �Tmw) 11. hM (M� CMA*SMDK) �T*W) IMIpf xi WATER TOWER SITE ROOFrOP SITE I --- IIIN T� m KA� �ml T� w (PONE"=) T� w (p�) T� m T� m T� �M*I T� T� ImI LEGEND T-� M AkrLFM T� M (M MPUFMO T� R., F�,,� p-, "is (1) - sis (I) - n� mal V� - I Zx _PW MA&� DETAIL �mmq=( T� wn Foli I= � m� W� � (mwoo T� Im MA& IIIIAW MAL m m T� Fg� I=( A� m� (cciir III M) T� Lqcum� � CMWEPO T� 14, J^A <� SECTION M Tw. MP w pl� IIM T/ ------ To mMobile MINNEAPOIJS MARKET W T-� - ml N �=,i N N "m MR BE" I h --by w -dm -IJ&% Lk= � Eno� �—d CHANHASSEN WTfMINNEWASHTA PARK Al P407 PROJECT INFO. & GENEF maI rm cm&Twxj" �w x � 2/17/W 2 415A O� PER ON W o"oM Vulm wim mw� miII a 2/24/W 6434 MURRAY HILL ROAD EXCELWIR, MINNESOTA 2/24/W io� Al P407 -T1 ::]13 wo MM. -M D. D ..-.D.n �m� �� Thomas J. Campbel I Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell i Matthew K. Brokl* John F. Kelly Soren M. Mattick Hvnr� A. Schaeffer, III Alina Schwartz Craig R. McDowel I Marguerite M. McCarron - Aix. Licomd in Wiscomin 1380 Corporate Center Curve Suite 317 - Ragan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.coni G(0 -0 1 CAMPBELL KNUTSON Prof essi onal Association Direct Dial: (651) 234-6222 E-mailAddress: snelson@ck-low.com September 15, 2006 Ms. Kim Meuwissen RECE14D City of Chanhassen SEP 18 2006 7700 Market Boulevard CITY OF CHANHASSEN P.O. Box 147 Chanhassen, Minnesota 55317 RE: CHANHASSEN —MISC. RECORDED DOCUMETNTS > CUP #06-21 — For T -Mobile to Construct a Privacy Fence (rhe South 110' of Lot 31, Murray Hill and Part of Outlot A, Pleasant Hill 2 Id Addtion) Dear Kim: Enclosed for the City's files please find original recorded CUP #06-21 which was filed with Carver County on August 1, 2006 as Abstract Document No. A446666. Regards, CAMPBELL KNUTSON Professional Association Soan R. Nelson, Legal Akistant SRN:ms Enclosure ac"NED Document No. OFFICE OF THE A446666 COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee� $ 46.00 ChecW 16070 Certified Recorded on 08-01 -2006 at 02:00 El ARO P M C �) 6 Carl W 11111111111 County CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #06-21 1. Pernlit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Construction of a privacy/security fence nine (9) feet in height on property zoned Single Family Residential District (RSF). 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Nnnesota: See attached '�Exhibit K' 3. Conditions. The pen -nit is issued subject to the following conditions: 1. The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 NVH for a 3 -second gust (Ref. 200 IIBC Section 1609). 3. The proposed fence shall not impede nor alter existing drainage patterns. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. I&RLe. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 12,2006 SCANNED Jr, ClTY OF CHANHASSEN --7- By-, aL Thomas A. Furlong -m%= -- By: Todd Gerhardt, City Manager' STATE OF MINNESOTA ) (ss; COUNTY OF CARVER d The foregoing instrument was acknowledged before me thisQanday of i (A ne- 2006, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public 1\� �,g KIM T MENISSEN ublic-Mi'o' rU Notary P 11C- inn7esotao jv I My Commissim Expires Jar� 31. 2010 . LE.PI'L. .2 DRAFrEl)BY: City of Chanhassen 7700 Market Boulevard P. 0. Box 147 Chanhassen, MN 55317 (952) 227-1100 11 4 b V 10.41IRVIVEW The South 110 feet of Lot Thirty -One (31), Murray Hill , according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. M., I I That part of Outlot A, Pleasant Hill 2 d Addition, according to the recorded plat thereof, Carver County, Nfinnesota which lies southerly of the following described line: Beginning at a point on the west line of said Outlot A, distant 97.43 feet north of the southwest comer thereof, thence easterly to the northeast comer of said Outlot A and said line, there terminating. 3 , & , A I ,v- �, �i a,�� Planning Conunission Meeting — May 16, 2006 Gil Kreidberg: My name's Gil Kreidberg. I reside at 6444 Murray Hill Road. If you can look at this picture here. This property right here, all of this here is mine. My house sits at ground that's noticeably higher than where the base of the water tower and this ground is here. The land where they propose to put this unfortunately slopes from the tower down so even though I have a 6 foot high fence here, when they build this up to put the asphalt down and then build it up another 18 inches, this thing really gets tall. And unfortunately conceptually the back part of this, the furthest from the tower, which is unfortunately going to be 4 feet off my fence, is the tallest part and represents a ventilating system for the equipment. Rather than look from every aspect of my home back into this, even when the leaves are up, I still get a good shot in the winter. It's panorama. I'm not trying to preclude this. I'm hying to work with the city and hying to work with T -Mobile by saying if you put up this wood fence, it's high enough to at least block it so I'm only looking at a wood fence instead of all this equipment. I'm not going to make any bigger deal and move on so, that's the reason for it. Because the other neighbors are pretty blocked because the only other people are here and the tower blocks their view so it's just I get a full shot, and maybe my neighbor down here with one house farther to the south of me, but then they'll have the same benefit of the wood fence blocking their line too. So I appreciate your consideration. Thank you. McDonald: Thank you. Anyone else wishing to make cornment? Okay, seeing no one else get forward, or step forward, I'll close the public meeting and bring it back up before the commissioners for discussion. Any discussion? 'Men I'm open for a motion. Larson: I'll give it a shot. Planning Commission recommends approval of Conditional Use Permit 06-21 for the construction of a 9 foot tall cedar fence with the following conditions, I through 3. McDonald: Do I have a second? Keefe: Second. Larson moved, Keefe seconded that the Planning Commission recommends approval of Conditional Use Permit 06-21 for the construction of a 9 foot tall cedar fence with the following conditions: The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 MPH for a 3 second gust. (Ref. 200 IBC Section 1609). 3. The proposed fence shall not impede nor alter existing drainage patterns. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 45 I Planning Commission Meeting — May 16, 2006 McDonald: Okay. Is this fence going to go all the way around the perimeter fence? You keep talking about fences and gates. A]-Jaff.- There is a fence that goes around the entire property itself The entire city property. The water tower property. And then there will be a second fence, which is what the conditional use permit is for that will go around this equipment. And this fence that we're getting the conditional use permit for is 15 feet by 20 feet. McDonald: Okay, so we're only talking about a fence around their equipment? Not a fence around the base of that water tower? A]-Jaff. That is correct. McDonald: Okay. I have no further questions. Is there an applicant here or.? If you would state your name for the record please. Steve Edwards: My name's Steven Edwards. I work at 501 50th Street West. I'm representing T -Mobile. Thanks for the opportunity to speak Mr. Chairman and council members. I hope this gives you a better depiction of the actual size of the equipment. What we're looking to do is there is an existing fence around the property and what our fence will actually do is a security fence. Typically we use a 6 foot 5 fence in circumstances like this, but there is an adjacent property owner who's fence is a little bit lower than our's and his will have a pretty good shot into our fence, so at the request of the neighbor we are proposing to use a higher fence. One of the reasons we are, we're having to use a higher fence is located on the back of the water tower in this area right here is the actual spillway of the tower. And at the request of the building inspector we've been asked to actually elevate our equipment by 18 inches, so any spillway that comes out of the water tower will not enter into our equipment. It's another reason for the higher fence. Papke: So is there adequate spacing on the bottom of the fence for water flow here in that condition? Steve Edwards: We're wanting to have the bottom of the fence raised also. McDonald: Okay. And then that will provide you with the security and also the screening that's required for this project? Steve Edwards: Correct. McDonald: Anyone else have any questions? Okay, I guess that's it. Thank you very much. At this point I'll open it up as part of the public meeting. Anyone wishing to make comment on this case, if you would come forward and state your case. State your name and address for the record please. F-1 Planning Commission Meeting —May 16, 2006 Larson: Okay. It's really hard for me because this is microscopic and I refuse to get glasses. How large is this structure? Width and depth. Al-Jaff: It is 8 feet by 15 feet. Larson: Okay. That's all I have. AI-Jaff- I apologize. It is 15 by 20. Larson: 15 by 20? A]-Jaff- Yes. Larson: See, you couldn't see it either. A]-Jaff.- Yes, my glasses are on the table. Larson: Okay. No ffirther questions. McDonald: Kurt. Papke: This is a big fence and it's going to be pretty visible. Is it going to be stained or anything like that? And if so, who maintains that? Al-Jaff- They will be maintained by T -Mobile. I was out on the site today and it is fairly screened. You won't be able to see it. You've got the existing fences in Us area. The base of the. Papke: If you can't see the fence, then why would we bother to put it in there? Gil Kreidberg: I'll tell you why if you want to know. I'm the one who lives right next to it. It will be 4 feet off my property and sits 3 feet over my fence. And it's the only way ... reasonable deal because otherwise it's an obstruction and a clear negative to the value of my property to have a ventilating system. Just give it a straight line shot to my house... Aanenson: Which is just one property owner. Papke: Okay, so it is visible. It will be visible by somebody. So we do care about the appearance is kind of where I'm going with this. So I assume it's going to be stained. It's not going to be just bare wood? It will have to be maintained and that will be maintained by T - Mobile? Al-Jaff.- Correct. Papke: Okay. **XKA�kf 43 0 ('0 - Z- I Planning Commission Meeting —May 16,2006 4. Brick used along the lower portion of the sign must be the same material as that used ion the existing building. 5. The LED display shall be limited to the hours between 6:00 a.m. and 10:00 p.m.. AU voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: T-MOBELE: REQUEST FOR COND1TIONAL USE PERMff FOR A 9 FOOT FENCE ON PROPERTY LOCATED AT 6434 MURRAY HILL ROAD, (WATER TOWER SITE), PLANNING CASE 06-21. Public Present: Name Address Steve Edwards 501 50t' Street West, Minneapolis Gil Kreidberg 6444 Murray Hill Road Sharmeen Al-Jaff presented the staff report on this item. McDonald: Anyone have any questions for staw. Keefe: Just a quick question on security and access. You know in terms of keeping kids out. It's next to ajunior high. What is the fencing material? That it's going to be made out of. A]-Jaff. It is wood. Keefe: Okay, and then T -Mobile would maintain a lock on the access to it, is that how it works? Al-Jaff.- Well the city has a gate on this site so, but that will only prevent vehicular traffic. Kids do use that area. There is traffic used to the area, and the proposed fence will provide the added security. Keefe: Any concerns from a security perspective in relation to kids that the city has? Would have. Nothing that you can think of Aanenson: ... to the City Council to validate that when they approve that. Keefe: Okay. Larson: Has that got a cover on the top? I'm trying to decipher the drawings here. I'm sorry, is there like a roof on this or is it just a fence all the way around? Aanenson: No, it's a fence all the way around. 42 Building Inspections EXECUTWE SUMMARY Phone: 952 227 1180 MEMORANDUM T -Mobile is seeking a Conditional Use Permit for the construction of a 9 -foot tall TO: Todd Gerhardt, City Manager CMOFFROM: (RSIF). Josh Metzer, Planner I CMSEN Finance ACTION REQUIRED Phone: 952.227.1140 DATE: June 12, 2006 T700 Market Boulevard Park & Recreation PO Box 147 SUBJ: T-MOBH-E USA — 6434 Murray Hill Road Chanihassen, MN 55317 Recreation Center Conditional Use Permit for construction of a privacy/security fence 9 Administration proposed conditional use permit. The Planning Commission voted 4 to 0 to approve feet in height — Planning Case 06-21 Phone: 952.227 1100 Fax 952 227.14(A the proposed conditional use permit. The Planning Commission minutes are Fax: 952.227.1110 attached as item 1A. Planning & Building Inspections EXECUTWE SUMMARY Phone: 952 227 1180 Fax: 952 227.1190 T -Mobile is seeking a Conditional Use Permit for the construction of a 9 -foot tall Engineering privacy/security fence on property zoned Single -Family Residential District Phone: 952.227.1160 (RSIF). Fax: 952.227.1170 Finance ACTION REQUIRED Phone: 952.227.1140 Fax 952.227.1110 City Council approval requires a majority of City Council present. Park & Recreation Phone: 952.227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation Center The Planning Commission held a public hearing on May 16, 2006, to review the 2310 Coulter Boulevard proposed conditional use permit. The Planning Commission voted 4 to 0 to approve Phone: 952.227,14M Fax 952 227.14(A the proposed conditional use permit. The Planning Commission minutes are attached as item 1A. Planning & Natural Resources Phone: 952.227.1130 OMMENDATION Fax: 952.227.1110 Staff and Planning Commission recommend the adoption of the motion approving Public Works 1591 Park Road the proposed conditional use permit as specified on page 5 in the revised staff Phone: 952.227,1300 report dated June 12, 2006 with conditions 1-3. Fax: 952.227.1310 Senior Center ATTACHMENTS Phone: 952.227.1125 Fax: 952.227 1110 1. Planning Commission Staff Report Dated May 16, 2006. Web Site www.ci charthassen mus gAplan\2006 planning casesk06-21 t -mobile fence cup\executive summary.dicc The City a f Chan h ass en -A growing community with clean lakes, quality schools, a chaning downtown, thriving businesses, winding trails, and beautilu I parks. A gFeat place to I ive, wofk, and play. STAFF REPORT PROPOSAL: Request for a Conditional Use Permit for the construction of a privacy/security fence 9 feet in height — T -MOBILE USA LOCATION: 6434 Murray Mll Road APPLICANT: T -Mobile USA 8000 West 78th Street, Suite 400 Edina, NIN 55439 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential - Low Density ACREAGE: 0.33 acres DENSITY: N/A SUMMARY OF REQUEST: T -Mobile is seeking a Conditional Use Permit for the construction of a 9 -foot tall privacy/security fence on property zoned Single-Famfly Residential District (RSF). Staff is recommending approval of this request. Notice of this public hearing has been mailed to aH property owners within 500 feeL LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use peffnit is limited to whether or not the proposed conditional use permit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. T -Mobile Fence CUP Planning Case No. 06-21 May 1 June 12, 2006 Page 2 PROPOSAL/SUMMARY T -Mobile is requesting a conditional use pern-fit for the construction of a 9 -foot tall cedar fence. The fence will screen and secure T -Mobile's equipment cabinets which will stand approximately 8 feet in height and will be constructed at the base of the water tower. The fence will enclose the perimeter of the leased area. The leased area dimensions are 20' x 15' and the fence will measure 19' x 14'. Access to the equipment cabinets will be gained via a 12 -foot wide gate in the fence which opens in two 6 -foot sections. The proposed equipment and enclosure will not interfere with City access or use of the water tower. T -Mobile will need to access the site every two weeks once the equipment is constructed. Within the first year the number of T -Mobile visits to the site will drop to once every two to three months. T -Mobile is providing a basic utility to the general public through the construction of antennas and related equipment necessary for their operation. The equipment in question is permitted by City Code. The proposed fence will serve to screen the ground -level equipment from public view and will also serve a security purpose. Staff is recommending approval of Conditional Use Permit #06-21. I I ;Awl M N BACKGROUND The subject property is located east of Minnetonka Middle School West and south of Murray Hill Court at 6434 Murray Hill Road. Access to the site is gained via Murray Hill Road. T -Mobile Fence CUP Planning Case No. 06-21 Ahry 4 June 12, 2006 Page 3 On April 10, 2006 Chanhassen City Council unanimously approved the cell tower lease agreement with T -Mobile for the Murray Hill Water Tower contingent upon approval of a conditional use permit for the fence height. The neighboring property owner at 6444 Murray Flill Road requested a fence high enough to screen the roof top ventilation system. Because the maximum fence height allowed by ordinance is 6 1/2 feet, a conditional use permit is necessary. T -Mobile will be leasing a 300 square -foot area of the subject property at the base of the water tower where they will be placing equipment cabinets necessary for operation of antennas placed atop the water tower. APPLICABLE REGUATIONS Article XXHI, General Supplemental Regulations, Section 20-1023 dictates that any fence over six and one-half feet must receive a conditional use permit. Chapter 20, Article IV, Conditional Uses. FIMINGS The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The proposed fence will not damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. The fence will screen the equipment cabinets from public view and will provide security to a public utility. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and the zoning ordinance. This is a basic utility that is being fenced for screening and security purposes. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The fence will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The southern property line of the subject site is lined with a six-foot tall privacy fence. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed fence will not be hazardous to existing or planned neighboring uses. The fence will serve to screen the equipment cabinets from public view. T -Mobile Fence CUP Planning Case No. 06-21 May 16 June 12, 2006 Page 4 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools, or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed fence will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed fence will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, furnes, glare, odors, rodents, or trash. The fence will screen antenna equipment cabinets from public view. The proposed fence is a typical wood screening fence. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Existing vehicular approaches to the property do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. T -Mobile has been granted a 15 -foot wide access easement over the existing access driveway. T -Mobile will only be accessing the site once every two to three months. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed fence will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The equipment cabinets and proposed fence will be located in an area that is very secluded and is mostly screened from public view. 10. Will be aesthetically compatible with the area. Finding: The proposed fence is atypical cedar privacy/security fence and will be aesthetically compatible with the area. T -Mobile Fence CUP Planning Case No. 06-21 Alay 1 June 12, 2006 Page 5 11. Will not depreciate surrounding property values. Finding: The proposed fence will not depreciate surrounding property values. The fence will screen the equipment cabinets from surrounding properties. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Not applicable. RECONIMENDATION Staff Feeoultmends and the Planning Commission recommends the City Council adopt the following motion: 'The Plaming Geffwaissien feeemmends appFeval e City Council approves Conditional Use Permit 06-21 for the construction of a 9 -foot tall cedar fence with the following conditions: 1. The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 MPH for a 3 -second gust (Ref. 200 EBC Section 1609). 3. The proposed fence shall not impede nor alter existing drainage patterns." ATUCHMENTS I . Findings of Fact. 2. Development Review Application. 3. Site Plan. 4. Public Hearing Notice and Affidavit of Mailing. 5. Aerial Photograph. 6. Site Photographs. g'.Nplan\2006 planning �\06-21 t -mobile fence cup\slaff mport.dm CrFY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M][NNES0TA FINDINGS OF FACT AND ACTION IN RE: Application of T -Mobile USA for a Conditional Use Permit for the construction of a privacy/security fence 9 -foot in height on property zoned Single Family Residential District (RSF) at 6434 Murray Hill Road — Planning Case No. 06-21. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of T -Mobile USA for a Conditional Use Permit for the construction of a privacy/security fence 9 -foot in height on property zoned Single Family Residential District (RSF) at 6434 Murray Hill Road. The Planning Commission conducted a pubhc hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential District (RSF). 2. The property has a Land Use Designation of Residential —Low Density. 3. The legal description of the property is legafly described in Exhibit A. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #06-21 Conditional Use Permit dated May 16, 2006, prepared by Josh Metzer, et a], is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #06-21 to for a 9 -foot privacy/security fence on property zoned Single Family Residential District (RSF). ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006. CHANHASSEN PLANNING COMMISSION mm Planning Commission Chairperson gAplan\2006 plmning ca�\06-21 t -mobile fmce cup\findings of fwt.dm 2 W75 MUM M. The South 110 feet of Lot Thirty-One(31), Murray I -fill Townsite, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. And That part of Outlot A, Pleasant Hill 2nd Addition, according to the recorded plat thereof, Carver County, Minnesota which lies southerly of the following described line: Beginning at a point on the west line of said Outlot A, distant 97.43 feet north of the southwest comer thereof; thence easterly to the northeast comer of said Outlot A and said line, there terminating. rKIN I Email: Planning Case No. ac -a I CITY OF CHANHASSEN 7700 Market Boulevard – P.O. Box 147 Chanhassen, MN 55317 – (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Owne Name yind Address: Contact: Phone: 9VZ?1 (13Z Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans — Comprehensive Plan Amendment /Y Conditional Use Permit (CUP) 42-S - Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning — Sign Permits — Sign Plan Review — Site Plan Review (SPR)* — Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Welland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 (City to install and remove) X E Filing Fees/Attorney Cost" opPR/VAC/VARNVAP/Metes & Bounds M inor SUB TOTALFEE$ q-15' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (116) full-size folded copies of the plans must be submitted, including an 8%" X 11 " reduced copy for each plan sheet along with a digital co in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNO PROJECT NAME: LOCATION: LEGAL DESCRIPTION: TOTALACREAGE: C).,3;5 WETLANDS PRESENT: YES NO PRESENT ZONING: P�S F REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: I k Ir This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Fee Owner WpLANVO"s\Development ReviewApplicafion.DOC 6 69 & � Dhte Date Rev. 12/05 r I r r t , i I I I . . .. .. . . I . . HIM; i will 0001 1`159 jug 61i fill Mill call oz 1-01 < fit 0 1 - TIM Hxb M Jill fill 111- pig XF I F Is o. It all ol ghl H I H!, 1111 11 1 5,0 21 14,111 q I 1, 9 xj I Jill 9 A. 1 1 t I 111 11fil ""Piii Imli iilld x x1od i 1 .1 109 I xix r I r r t , i I I I I GVOH TIN xvmnm .................. ---------------------- — --------------------- its!. - zzz- A \N I luo Tit u i i N ii n i iT, I I It I ITI I IJMQA� 00 A5 13 Igo, I 2p No IM to I tt fl! ilk z 1011 h111111ji lug bull, z z LLJ C/') U) I EIII ilia 1 291 ME —j A I y g W �p PIS gig HE I lit n� . . . . . *mTi I I I mummummu -ibilhul -C1 a gall INN boa A T- HIM -go[ I lit n� . . . . . *mTi I I I mummummu -ibilhul -C1 a 1A, I fig ski if I If go t5 0 I I E+4 Nil! ff p . Ill 11111711 Mill 111111 ill 1.1ILL[ILL], R r - I I I r , I 1 1 1 1 1 i I i ! i� 711111:1111 JI III] I I !u I I I ill �116� --- CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on May 4, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Nfinnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for T - Mobile Conditional Use Permit - Planning Case 06-21 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this ±�' day of.jYNo-q 2006. 11,41 /h/1 Notary Publlk�'.. Notice of Public Hearing Chanhassen Planning Commission Meeting Date lk Time* Tuesday, May 16, 2006 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for a 9 -foot privacy Proposal: fence – Planning Case 06-21 Applicant: fence – Planning Case 06-21 Applicant: T -Mobile Property 6434 Murray Hill Road (Water Tower site) Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.0i.chanhassen.mn.us/serv/plan/06-2l.htmI. If you wish to talk to someone about this project, please contact Josh Questions & Meltzer by email at 'metzer@ci.chanhassen.mn.us or by Questions & phone at 952-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday City Review Procedure: I prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Razonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercilalfindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 16, 2006 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. To—cation: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for a Conditional Use Permit for a 9 -toot privacy fence – Planning Case 06-21 Applicant: T -Mobile Property 6434 Murray Hill Road (Water Tower Site)A location map Is on the Location: reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What H appens I Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/06-2l.htmi. If you wish to talk to someone about this project, please contact Josh Metzer by email at ametzer@ci.chanhassen.mn.us or by Questions & phone at 9 52-227-1132. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Pezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting, • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation, The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not, Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. This map is neither a legally recorded map nor a surney apicl is not intended to tie used as; me. P"s preP is 2 cGrrilslation, of records, information and data located in anous cry. county, state and fisdieral offices and other scomes regarding Me ame shorion, arrid is so W umd for reference mr,opem, Only. The City com not "mant Men Me Geographic Information System (GIS) Dam used to prepare this motor am emor fose. ard! Me City dow ruct represent Met the GIS Dana can bii usecl for navigational. traclung w my Other purpose requiring ewhng measurement a distance or drachort � precision in Me depiction 0 geographic features. If ennom o, discrepancies; aps found plasma corral 952-�7-1107. The PrOO(edin cliscifferneir is prorricled Pursuant to Wrinesom Stamm §466.03. Subs. 21 (2000), and Me user Of this map ascunoWedgm Met the City shelf not be Insole for my damages, andi exprefush, starm all claim, and agrees to defend, indemnity, and hold hairpriess; the City Imp my and all claims brought by User, its ennp4pm, w against, , third serfs, effich arms, W Of Me users access of use of data prorrided. This mons is neither a legaffy recorded rnw,r nor a sur,my and is not intended to pe used as one. This map is a compilation of recorcs,ritomebon and data located in vanous city. county. sme and federal Offices and other sources regarding the are. an., and is to be used for reference purposes only. The City doess not inamart that Me Geographic Information System (GIS) Data used to prepare this map am error Mae, spot the City does not represent that Me GIS Data carn toe used for navigational. twWng or my Other Purpose rNuiring notching measurement 0 distance or direction or precsion in the depiction of geographic features. If emors or discrepan�iea am found please correct 952-227-1107 The pwdng cliscminnerm pwded ursuant to Wrinesom Stamm §466,03, Subic! 21 (2"), and the umr of this map ackinasmages that the City shalt not be liable for any damages, and evressly eas,aS all claims, and agrees to defend. indlemnify. and hold harmless; the City from my and all claims brought by User. its employesis or agems. or Mint parties viiihich anse W of the users access or use of data mwiced ROBERT E LEE III DENISE GORMAN ARTLEY THOMAS G & NEYSA L WINTERER 2250 MELODY HILL RD 2098 MELODY HILL RD 2210 MELODY HILL RD EXCELSIOR, MN 55331 -BB91 EXCELSIOR, MN 55331 -8109 EXCELSIOR, MN 55331 -8891 CRAIG R & CATHERINE JOHNSON GREGORY I & JULIE M NELSON iOSPRING HOMES INC 2071 MELODY HILL RD 2165 MURRAY HILL CT 7925 STONE CREEK DR EXCELSIOR, MN 55331 -8888 STE 12D EXCELSIOR, MN 55331 -8882 CHANHASSEN. MN 55317 -4609 JOHN THOMAS FAVORITE 11 DOUGLAS V SCHROEDER RICHARD D & JOYCE H MCFARLAND SUSAN LEE FAVORITE PO BOX 625 6341 MURRAY HILL RD 2000 65TH ST W CHANHASSEN, MN 55317 -0625 EXCELSIOR, MN 55331 -8832 EXCELSIOR, MN 55331 -9005 MICHAEL C & MARGARET L BUCHNER BRYAN P & ELIZABETH WUTZKE KAREN SIGNE PETERSON 2191 SOMMERGATE 2280 MELODY HILL RD 2240 MELODY HILL RD EXCELSIOR, MN 55331 -8917 EXCELSIOR, MN 5,5331 -8891 EXCELSIOR, MN 55331 -8891 GREG GOLMEN & THEODORE DORENKAMP 11 & CHARLES G GOERS SR JUNIE HOFF-GOLMEN BONITA JANE DORENKAMP 2160 MURRAY HILL CT 2220 MELODY HILL RD 6370 MURRAY HILL RD EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8891 EXCELSIOR. MN 55331 -8834 ROBERT & JERI LOU PRCHAL JOHN J & JUNE A HAMSHER JANE QUILLING REVSBECH 2150 MURRAY HILL CT 2D81 MELODY HILL 2155 MURRAY HILL CT EXCELSIOR, MN 55331 -8882 EXCELSIOR, MN 55331 -8W EXCELSIOR, MN 55331 -8882 JOHN D & KATHRYN D DESMET JOHN J & LYNNETTE J DELUCA RICHARD & BARBARA D ATHERTON 6454 MURRAY HILL RD 6484 MURRAY HILL RD 2082 65TH ST W EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 56331 -8994 EXCELSIOR, MN 55331 -9005 CAROL ASLESEN CHILD RICHARD E & KAREN HERRBOLDT IND SCHOOL DIST 276 6482 MURRAY HILL RD 6464 MURRAY HILL RD 261 SCHOOL AVE EXCELSIOR, MN 55331 -8994 EXCELSIOR. MN 55331 -8994 EXCELSIOR, MN 55331 -1987 TIMOTHY P & HEIDI S LARKIN & CHARLES R & JOANNE F LEWELLEN JOHN R & NANCY H LIBERG LECY BROS CONSTRUCTION 6340 MURRAY HILL RD 2091 MELODY HILL RD 2150 CRESTVIEW DR EXCELSIOR, MN 5S331 -BB34 EXCELSIOR, MN 55331 -8M EXCELSIOR, MN 55331 -8009 GILBERT H & JILLENE KREIDBERG DOUGLAS E & MARY K JOHNSON TRUSTEES OF TRUSTS 6474 MURRAY HILL RD 6444 MURRAY HILL RD EXCELSIOR, MN 55331 -8994 EXCELSIOR, MN 55331 -8994 Public Hearing Notification Area (500 feet) T -Mobile Fence Conditional Use Permit Planning Case No. 06-21 6434 Murray Hill Road City of Chanhassen 70 V. i i, t ` rt� .01 IS I fl , fit: '12 FF .- PA� O 44 -P 11 0 �ftl Al"XI wo 41�1 V4. I il Pf, Rill, F.: '%"� CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Faxc 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952-n7.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us June 19, 2006 T -Mobile USA 8000 West 78th Street, Suite 400 Edina, MN 55317 Re: Nine -Foot Privacy/Security Fence Conditional Use Permit Planning Case #06-21 To Whom It May Concern: This letter is to formally notify you that on June 12, 2006, the Chanhassen City Council approved the following: Conditional Use Permit #06-21 based on the Findings of Fact with the following conditions: 1. The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 MPH for a 3 -second gust (Ref. 200 113C Section 1609). 3. The proposed fence shall not impede nor alter existing drainage pattems. If you have any questions or need additional information, please contact me at 952-227-1132 or by email at imetzer@ci.chanhassen.mn.us. Respectfully, �,,osh Me er I f1vj Tz Planner I gAplan\2006 phtarning mes\06-21 t-mbile fence cup\approval letter.doc seikt4muzo The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A grat place to live, work, and play. C(C- Q I City Council Meeting — June 12, 2006 e. T -Mobile: Approval of a Conditional Use Permit for a 9 foot fence at the Water Tower Site, 6434 Murray Hill Road. Bluff Creek Boulevard Improvement Project: Approval of a Wetland Alteration Permit for Basin 8. 9. Lake Minnewashta Homeowners Association: Approval of a Fireworks Permit for July 4,2006. h. Resolution #2006-39: Approval of 2005 Year End Closings and Transfers. Resolution #2006-40: Adoption of Resolution Removing Properties from the Rural Service District. j. Expansion of Licensed Premises for Serving Beer & Wine, CJ's Coffee & Wine Bar, 600 Market Street, Suite 170. k. Approval of Quote: Tennis Court Resurfacing Project. Resolution #2006-41: Longacres Drive Storm Pond Outlet Improvement and Lyman Boulevard Sewer Repair, City Project Nos. 06-08, 06-09: Approve Plans and Specifications and Authorize Advertisement for Bids. AH voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Keith Gunderson: This is new business? Mayor Furlong: No sir. This is visitor presentations. Is there a particular item that you wanted to discuss? Keith Gunderson: Yes. It's about the trees that Todd Hoffman has made a decision to plant on the north end of Lotus Lake. Mayor Furlong: Okay, this would be the time to do it. Keith Gunderson: My name's Keith Gunderson. I live at 6661 Mohawk Drive. I'm here tonight to talk about people affected by the decision that Todd Hoffman just made to plant trees in the parkland known as Carver Beach Park. Todd has 5 trees scheduled for planting on the north end of the park that runs parallel with this trail. Six homes are affected by this decision, and this is what I want to talk about tonight. The homes affected by this decision from north to south are Maureen Schroeder, Glen Grainer, Richard and Joan Wright, Martha Nygren, myself, Keith and Patricia Gunderson, Chris and Cindy Anderson. Here tonight we have a couple of the homeowners with us tonight. The Wright's and the Anderson's, along with myself. Martha's 93 and she doesn't get out much anymore. All these people have felt that, have told him that they SCANHED 2 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 06/21/2006 8:30 AM Receipt No. 0014519 CLERK: katie PAYEE: T MOBILE PLANNING CASE 06-21 -------------------------------------------------------- CIS List 87.00 Total Cash Check 0534475 Change ----------- 87.00 0.00 87.00 ----------- 0.00 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 9ff OF (952) 227-1100 To: Steve Edwards T -Mobile USA 8000 West 78th Street, Suite 400 Edina, MN 55439 Ship To: Invoice SALESPERSON DATE TERMS KTM 6/8/06 upon rece QUANTITY I DESCRIPTION I UNITPRICE AMOUNT 29 Property Owners List within 500'of 6434 Murray Hill Road -Water $3.00 $87 00 Tower Site (29 labels) I 11111591IFTA11111191112 $87.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for May 16, 2006. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #06-21. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of T -Mobile USA for a Conditional Use Permit for the construction of a privacy/security fence 9 -foot in height on property zoned Single Family Residential District (RSF) at 6434 Murray Ell Road — Planning Case No. 06-21. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of T -Mobile USA for a Conditional Use Permit for the construction of a privacy/security fence 9 -foot in height on property zoned Single Family Residential District (RSF) at 6434 Murray Hill Road. The Planning Commission conducted a public hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential District (RSF). 2. The property has a Land Use Designation of Residential — Low Density. 3. The legal description of the property is legally described in Exhibit A. 4. The Planning Commission shall recommend a conditional use permit and the City Council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. se"Ken R f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #06-21 Conditional Use Permit dated May 16, 2006, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #06-21 to for a 9 -foot privacy/security fence on property zoned Single Family Residential District (RSF). ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006. CHANHASSEN PLANNING LM gAplan\2006 plmning cases\06-21 1 -mobile fmce cupWindings of factAm 2 That part of Outlot A, Pleasant Ml 2,d Addition, according to the recorded plat thereof, Carver County, Ntnnesota which lies southerly of the following described line: Beginning at a point on the west line of said Outlot A, distant 97.43 feet north of the southwest comer thereof-, thence easterly to the northeast comer of said Outlot A and said line, there terminating. 3 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO- 06-21 NOTICEISHEREBYGIVENthat the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 16,2006, at 7:00p.m. in the Council Chambers in Chanhassen City Hall, 77oo market Blvd. The purpose of this hearing is toconsiderarequestforaConditional Use Permit for a 9-foat privacy fence on property located at 6434 Murray Hill Road (Water Tower site). Applicant: T -Mobile. A plan showing the location of the proposal is available for public review on the City's web site at www,ci.chanhassen.mn,us/serv/ PlinVo6-2i. oratCityHalldwing regularbusmesshours. Allinterested persons am invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: jmetzer@ci.chanhassenmn.us Phone: 952-227- 1132 (PublishedintheChanhassenVillager on Thursday, May 4, 2006; No. 4663) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 IA.02, 33 IA.07, and other applicable lawg, as amended - (B) The printed public notice that is attached to this Affidavit and identified as No. �lb was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was Cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abodefghijklmnopqrstuvwxyz Y - �4)4� Laurie A. Hartmann Subscribed and sworn before me on this —eday of 2006 Notary Public RATE INFORMATION GWEN M. =RADIJENZ NCTARY PUSX - WPIESOTA _,M31, 010 Lowest classifiedTate paid by commercial users for comparable space .... $40.00 per column inch Maximum rate allowed by law for the above matter ............................... $40.00 per column inch Rate actually charged for the above matter .............................................. $11.51 per column inch SCANNED CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU Shop drawings Copy of letter LETTER OF TRANSMITTAL 6/22/06 ATTENTION Sue Nelc Document M Attached El Under separate cover via the following items: El Prints El Plans El Samples El Specifications El Change Order El Pay Request El — c)(C -'4 1 COPIES DATE NO. DESCRIPTION 1 6/12/06 06-19 Conditional Use Permit (Chapel Hill Academy LED Sign) 1 6/12/06 06-21 Conditional Use Permit (T -Mobile Fence) THESE ARE TRANSMITTED as checked below: El For approval [-] Foryouruse El As requested El For review and comment [-] FOR BIDS DUE REMARKS COPY TO: Chapel Hill Academy T -Mobile El Approved as submitted El Approved as noted Returned for corrections For Recording E] Resubmit copies for approval L] Submit copies for distribution El Return corrected prints El PRINTS RETURNED AFTER LOAN TO US SIGNED: -T lo� 0 rim M—euwissen, (952)\Z� �-1107 If enclosures are not as noted, kindly notify us at once. SCANNED MY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERNUT #06-21 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Construction of a privacy/security fence nine (9) feet in height on property zoned Single Family Residential District (RSF). 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, 1-.1innesota: See attached "Exhibit A" 3. Conditions. The permit is issued subject to the following conditions: 1. The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 MPH for a 3 -second gust (Ref. 200 IIBC Section 1609). 3. The proposed fence shall not impede nor alter existing drainage patterns. 4. Termination of Permit. The City may revoke the pen -nit following a public hearing for violation of the terms of this permit. 5. URLe. If within one year of the issuance of this permit die authorized construction has not been substantially completed or the use commenced, d -ds permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 12,2006 CrrY OF CHANHASSEN By7_'a__0_ I Thomas A. By: Todd Gerharjt_,C_i7Fy Mamg'er STATE OF M24NESOTA ) (ss; COUNTY OF CARVER The foregoing instrument was acknowledged before me this -12trld r'. . �dayofju e__ 2006, by 1bomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KIM T. MEUWISSEN Notary Public -Minnesota my C�iss� Expres Jan 31. 2MO DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. 0. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 Notary Public 'A The South 110 feet of Lot Thirty -One (31), Murray IEII Townsite, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. And That part of Outlot A, Pleasant ffill 2d Addition, according to the recorded plat thereof, Carver County, Minnesota which lies southerly of the following described line: Beginning at a point on the west line of said Outlot A, distant 97.43 feet north of the southwest comer thereof, thence easterly to the northeast comer of said Oudot A and said line, there terminating. 3 ;16 STAFF REPORT PROPOSAL: Request for a Conditional Use Permit for the construction of a privacy/security fence 9 feet in height — T -MOBILE USA LOCATION: 6434 Murray Hill Road *_11-, APPLICANT: T -Mobile USA 8000 West 78th Street, Suite 400 Edina, MN 55439 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential - Low Density ACREAGE: 0.33 acres DENSITY: N/A SUM11VIARY OF REQUEST: T -Mobile is seeking a Conditional Use Permit for the construction of a 9 -foot tall privacy/security fence on property zoned Single -Family Residential District (RSF). Staff is recommending approval of this request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed conditional use perrnit meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the conditional use permit. This is a quasi-judicial decision. T -Mobile Fence CUP Planning Case No. 06-21 May 16, 2006 Page 2 PROPOSAIJSUMIMARY T -Mobile is requesting a conditional use permit for the construction of a 9 -foot tall cedar fence. The fence will screen and secure T -Mobile's equipment cabinets which will stand approximately 8 feet in height and will be constructed at the base of the water tower. The fence will enclose the perimeter of the leased area. Ile leased area dimensions are 20' x 15' and the fence will measure 19' x 14'. Access to the equipment cabinets will be gained via a 12 -foot wide gate in the fence which opens in two 6 -foot sections. The proposed equipment and enclosure will not interfere with City access or use of the water tower. T -Mobile will need to access the site every two weeks once the equipment is constructed. Within the first year the number of T -Mobile visits to the site will drop to once every two to three months. ' T -Mobile is providing a basic utility to the general public through the construction of antennas and related equipment necessary for their operation. The equipment in question is permitted by City Code. The proposed fence will serve to screen the ground -level equipment from public view and will also serve a security purpose. Staff is recommending approval of Conditional Use Permit #06-21. BACKGROUND The subject property is located east of Minnetonka Middle School West and south of Murray fEll Court at 6434 Murray Ell Road. Access to the site is gained via Murray Ibli Road. T -Mobile Fence CUP Planning Case No. 06-21 May 16,2006 Page 3 On April 10, 2006 Chanhassen City Council unanimously approved the cell tower lease agreement with T -Mobile for the Murray HII Water Tower contingent upon approval of a conditional use permit for the fence height. The neighboring property owner at 6444 Murray Ell Road requested a fence high enough to screen the roof top ventilation system. Because the maximum fence height allowed by ordinance is 6 1/2 feet, a conditional use permit is necessary. T -Mobile will be leasing a 300 square -foot area of the subject property at the base of the water tower where they will be placing equipment cabinets necessary for operation of antennas placed atop the water tower. APPLICABLE REGUATIONS Article XXIH, General Supplemental Regulations, Section 20-1023 dictates that any fence over six and one-half feet must receive a conditional use permit. Chapter 20, Article IV, Conditional Uses. FINDINGS The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. Finding: The proposed fence will not damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. The fence will screen the equipment cabinets from public view and will provide security to a public utility. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: This use is consistent with the objectives of the city's comprehensive plan and the zoning ordinance. This is a basic utility that is being fenced for screening and security purposes. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The fence will be designed, constructed, operated and maintained so to be compatible in appearmice with the existing or intended character of the general vicinity and will not change the essential character of that area. The southern property line of the subject site is lined with a six-foot tall privacy fence. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed fence will not be hazardous to existing or planned neighboring uses. 'Me fence will serve to screen the equipment cabinets from public view. T -Mobile Fence CUP Planning Case No. 06-21 May 16,2006 Page 4 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed fence will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed fence will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The fence will screen antenna equipment cabinets from public view. The proposed fence is a typical wood screening fence. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Existing vehicular approaches to the property do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. T -Mobile has been granted a 15 -foot wide access easement over the existing access driveway. T -Mobile will only be accessing the site once every two to three months. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed fence will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The equipment cabinets and proposed fence will be located in an area that is very secluded and is mostly screened from public view. 10. Will be aesthetically compatible with the area. F"Wiling: The proposed fence is atypical cedar privacy/security fence and will be aesthetically compatible with the area. T -Mobile Fence CUP Planning Case No. 06-21 May 16, 2006 Page 5 11. Will not depreciate surrounding property values. Finding: The proposed fence will not depreciate surrounding property values. The fence will screen the equipment cabinets from surrounding properties. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: Not applicable. RECOAMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit 06-21 for the construction of a 9 -foot tall cedar fence with the following conditions: 1. The applicant must obtain a building permit prior to erecting the fence. 2. The fence plans and design must be signed by a structural engineer. The design must demonstrate the fence's ability to withstand a wind load of 90 NIPH for a 3 -second gust (Ref. 200 EBC Section 1609). 3. The proposed fence shall not impede nor alter existing drainage patterns." ATTACHMENTS I . Findings of Fact. 2. Development Review Application. 3. Site Plan. 4. Public Hearing Notice and Affidavit of Mailing. 5. Aerial Photograph. 6. Site Photographs. gAplan\2006 planning casmX06-21 t -mobile fencc cup\staff mport.d� KUKIM 131LBERT & JILLENE KREIDBERC3 APR 13 2006 April 11, 2006 C,TY OF CHiNHASSt,, Mr. Justin Miller Assistant City Manager City Of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, Minnesota 55317 Re: Variance Request for fence enclosing T -Mobile equipment house at Murray ffill Water Tower. Dear Justin: I looked for you at last nights' City Council meeting, but didn't see you. I did locate the T -Mobile representative and we reviewed the specifics of the construction of the house to support their antenna on the Murray Hill water tower. It turns out that with the addition of the bituminous surface, the 18 inch platform and the house with the climate control system on the roof the structure will be about 71/2 feet high. The proposed 6 foot fence will not obstruct the silver climate control equipment from the direct view from my home. I requested that the Council approve the construction of an 8 foot wood fence to mitigate the problem. T -Mobile said they are happy to do so. The Mayor said that the city has a 61/2 foot restriction. Consequently, he sent the issue back to Staff and the Planning Commission to approve the 18 inch variance. The City Council seemed fine with approving the taller fence once it receives the blessing of Staff and the Planning Commission. I would appreciate your help in working with Staff and the Planning Commission to get this approval. This is clearly a public nuisance and a legitimate request. The house was situated on the south side of the tower to facilitate the homes to the north as the tower blocks their view of this structure. It would be unfair to me to not facilitate this request for the height vanance for the fence. My bedroom, sitting room, family room, deck and porch all face directly in sight line to this structure. I would be happy to speak to members of the Staff, if that would help. Thank you for your assistance in this mattat. Please keep me advised. S incerely, ,,��Gilbert Kreidbergg 6444 Murray Iffi-fill Road (Day # 952-473-6217 Evening 474-4914) City Council Meeting — April 10, 2006 VISITOR PRESENTATIONS: None. I(i). T -MOBILE: APPROVAL OF CELL TOWER LEASE AGREEMENT, NMLODY HILL WATER TOWER. Gil Kreidberg: Thank you. As I said, my name is Gil Kreidberg. I reside at 6444 Murray Hill Road, which is the property right in front of the tower. Mayor Furlong: Okay. Gil Kreidberg: I've had discussions with both your Assistant City Manager and with the gentleman representing T -Mobile and the concern I have is that, you know a number of years ago we had Sprint come in and try to do this and at that time the objection had to do with the issue of the microwave because there was some uncertainty, and you've got a middle school right behind this property. I'm not here to debate that. So far the science seems to imply that we probably don't have a high risk. But the project involves the size of the antennas and stuff on the tower, the construction of a house to support that process. It's going to butt up about 4 feet off my property and in order to achieve what they want, because the tower drains off that side where this house is going to go, they want the house to be raised about a foot and a half so that when the tower does jettison, which trust me it's flooded my property numerous times in the last 19 years. That it will not flood out their property. As a result, because the city has a 6 foot high ordinance on the fence, the fence they put around it will not actually block out the least attractive part of this project for the ventilating system on the top of it. I would like the City to allow them to build a wood fence high enough to just cover that, which would probably be about a foot above the standard 6 foot ordinance. That would allow them at least, so when I look out I don't get to look at their air conditioning system. It's bad enough it's there. So if they're willing to do that, then I don't have a problem with going ahead with the project. Mayor Furlong: Okay. Thank you. Gil Kreidberg: Thank you. Mayor Furlong: Staff, or is there a representative from T -Mobile here? Or Mr. Gerhardt, comments. Todd Gerhardt: We've got another resident. Steve Edwards: Hello, my name's Steve Edwards. I'm representing T -Mobile. I live at 501500 Street West in Minneapolis. Extending the height of the fence to cover the equipment at the base would not be a problem for T -Mobile. Mayor Furlong: Thank you. Todd Gerhardt: Mayor, with the fence we'll probably have to process that as a variance and take it to the Planning Commission. We've just got to follow our own rules when we do things like a City Council Meeting — April 10, 2006 this and so staff would recommend that you approve the lease tonight contingent upon the fence being approved with a variance. Mayor Furlong: Okay. Can we just defer the whole thing or should we go, is there a reason to go forward? Or should we just defer the whole thing and deal with it when it comes back to the Planning Commission? Todd Gerhardt: Oh I think you can go forward on it, you know contingent upon the fence being approved by our Planning Commission and City Council. Mayor Furlong: Okay. Alright, is that okay? Steve Edwards: We'll deal with it. Mayor Furlong: Okay, very good. Thank you. Todd Gerhardt: Did I mis-state the process in that or? Kate Aanenson: No, that's correct. The city ordinance is 6 1/2 feet. If you want to go higher than that, I don't have the cross section. Steve Edwards: You're probably looking at going 8 to 12 inches taller... It won't make a big difference. Kate Aanenson: Sure. Mayor Furlong: Well and then so therefore it might not be an issue going through the process but I think staff is correct to say we have to follow the process. Kate Aanenson: Because 6 1/2 is the limit. Mayor Furlong: Okay. With that I guess I would entertain a motion to approve the lease subject to the variance being approved by the Planning Commission for the fence as stated this evening. Councilman Lundquist moved, Councilwoman Tjornhom seconded that the City Council approve the cell tower lease agreement with T -Mobile for the Murray Hill Water Tower contingent on approval of a variance to the fence height. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: BOYER LAKE MINNEWASHTA, VACATION FILE 06-01: CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT. Paul Oehme: Thank you Mayor, City Council members. Staff is requesting that council hold a public hearing and consider vacation of drainage and utility easements for the Boyer Lake Minnewashta development area, Lot 5. The development is located on Dartmouth Drive, just north of Minnewashta. Lake Mmnewashta, shown here. The area in blue, the easement CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/17/2006 2:11:39 PM Receipt No. 0011042 CLERK: katie PAYEE: T MOBILE USA PLANNING CASE 06-21 ------------------------------------------------------- Use & Variance 425.00 Total Cash Check 1125 Change ----------- 425.00 0.00 425.00 ----------- 0.00 SCANNED T -MOBILE - PLANNING CASE 06-21 $425 Conditional Use Permit $50 Recording Escrow* $475 $425 T -Mobile USA Check 1125 Tecording Escrow not paid - waiting for payment from T -Mobile SCANNED Now m 11, I F,�W. I lza ir let, m 11, I Location Map T -Mobile Fence Conditional Use Permit Planning Case No. 06-21 6434 Murray Hill Road City of Chanhassen Crt SUBJECT PROPERTY Melody SCANNED V1 2W �k Ot " 461W c .VV Nq Lis A ILI ;fg A �:7 11-4 IW 7k 4:1 I k .44 Mr. Ph Ni's idk i Aid - x V-jj moo--- �, 44", Aw 7 4 3 W�- 15 x P� D Mobile T� AIP mw GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM 31-5r C 1. 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CHANHASSEN WT!MINNEWASHTA PARK AlP407 PROJECT INFO. & GENERAL NOTES I V17A SM M CCNWKC� It � 2/17/M 2 V" O� pER M X 3 07/01 Zn4/� 6434 MURRAY HILL ROALD EXCEI SIOR. MINNESOTA 2/24/06 MINNEALPOIIS MARKET Al P407 -Tl �3 mm�-. OW D ��-ma.o 7 4 2 E� Cm DWA� PME) - — - - — - — - — — — - — - — - — - — - c - — -- — -- — -- — - — -- — -- — -- 12' 0 (aaaw) ir mm in, w000a)-�/ 3 x x x x T-� WX 2W z SITE PLAN A CHANHASSEN WrfMINNEWASHTA PARK 1 2/17/0 cmcrmjmm AlP407 �2/17/ffi Z., SITE PLAN 2 V" nm m STE 0 aMobile 6434 MURRAY HILL RQAD MT mm� 2/24/W ENCELSIOR. MINNFSOTA MINNEAP01JS MARKET 2/24/W IT. 1--AIP407-Cl 3 3 3 2 T� (3) T� 4-0 D 24'0 24*0 F� 2W c T� F� IW vw VBM 13W mm T�- (2) T-� 15- W) (2 KACO) zx cma%wm mm ze 4 E T� 9'� —T 4r� I 151-6* T-� x X: x X x x x x I x x x x x x x x x x x A ENLARGED SITE PLAN 1/4- - 1--e CHANHASSEN WT/MINNEWASHTA PARK AlP407 2 —3 m �y. N w mw ENLARGED SITE PLAN �1-716 Mu EM� FDIM ff MR My m mMobile �` 6434 MURRAY HILL ROAD E)(CELSIOR, MINNESDTA MINNEAPOIJS MARKET IIIIIIIIIIIIIE L- c I I I b F-- I A ISM FM C0NSfl&ICt= O� PU WOF 0� � D�" MD C� FDICE IiEW EAST ELEVATION VIEW 3/32- — 1'� 5 A 1 3 1 2 1 1 �prmp�bymw�7=:,= ANTENNA AND COAXIAL CABLE REQUIREMENTS m. m m..m ff My. Eft Al �1� c 7 .' Im 1 5/8- m 13ir I 51W M Iw 1 5/8* txx� B1 W. Iw 9 ime i 5/a' 1 5/11- A Y4 13ir 1 5/8- w 13W 1 5/11-1 cl �I� I 2� IT ei IM 1 51r w I 1 11 5 01 �I� 2� In' ' 31r w Im I 5/r T�m & LEVW t AT=�� AT � (3) � v k ATM�� & m A� �y M FUTURE E911 ANTENNA REQUIREMENTS I owe w (M Ll (M53W Im, l/v 2 11r 3 /r CHANHASSEN WT/MINNEWASHTA PARK Al P407 ANTENNA INFORMATION AND TOWER ELEVATION 6434 MURRAY HILL ROAD EXCELSIOR, MINNESOTA 1��AIP407-Al 1 3 .—.D.0 �M� Al�l� m. m mMobile ff My. Eft .' -a W. MINNEAPOLIS MARKET A FUTURE E911 ANTENNA REQUIREMENTS I owe w (M Ll (M53W Im, l/v 2 11r 3 /r CHANHASSEN WT/MINNEWASHTA PARK Al P407 ANTENNA INFORMATION AND TOWER ELEVATION 6434 MURRAY HILL ROAD EXCELSIOR, MINNESOTA 1��AIP407-Al 1 3 .—.D.0 �M� Al�l� 7 4 3 — — — — — — — — — — — — 71-11 10 r-1110 M Al S,3 Ao W.9 mn 24'0 ro w ro S ls� 7-� 4*0 /AC DRYTUBE LANPIN�,,, AN MIDDLE W-1110 24� c L M T� T� 10 wo Z. F� IW mm T-� F� IW 7' 0 1r, cl J^s SECTION CONDENSATE CEILING AB\ ANTENNA MOUNTIN FRAME T� 4- (12) T� P A7 W CN� AT DRYrUBE A I h—W PW -p� = CHANHASSEN WTfMINNEWASHTA PARK A I YA7151 =0 FM Al P407 a 2 V" � M M OF aVAWSSEN ift �y. m mw 2/17/W SECTIONS AND DETAILS 3 4/j7/X mm" ovxm n� mw m mTm m mMobile U 2- NO ffy" -- �T ff w Z/24/W 6434 MURRAY HILL ROAD 2/24/W EXCELSIOR, MINNESOTA MINNEAPOLIS MARKET AlP407-SI 3 A D. 0 .�-mo.o 7 4 3 1 2 3 3 x 1/4 (2) 1/2-0 C� u x 3 x 1/4 IV X 4- X 113 r X 3 X 1/4 X 1/4_ \0 mn ,--mle. a, x r 1�2'0 X r X 31e x r x r /-(,1) 3/4*0 0 x 3 x 1/4, (1) 3/4'0 (1) 1/4- 0 =5 IWT �zf 3, e Ke X 3 X 1/4 �Xx L-0 2) Ilro c� 1,-(l) 3/4-1 �T 1 1/2-# C� DETAIL 3/r X r x SECTION 3--? T ANTENNA MOUNTING BRACKET DETAIL 2 (3 1/4 114Z IWO m 7� lor m � c ff cmawcmro U X 3 X 1/4 MIT MM 3/w x r x r 3' XeXo (2) 7� m m (15 m I ,/4 1/4 w e16 4- 1&1 (2) T� Iro m Iwo Im Im IMIR 3/V X a, x V (2) T-� IV M � imIt 3/rO IlMn T� -') (2) 7� lei SECTION I x 3 x I/* W� IF TOWE:,,BASE PENETRATION 5 L A � W 4' K OD V W W� A W r ~T M � 2- � W M M M ll� TOWER BASE PENETRATION m m mil) � � � � � U X 3 X 1/4 U X 3 X 1/4 IIM y Im PVC—SECTION T" W PIIVA� W In P� AT W =13 � " 9 Um "myt � III m SECTION SECT& A pl. by —l=-.= CHANHASSEN WTIMINNEWASHTA PARK m gzr� Ek. AlP407 2 V" OWM M M DF afj".�M m �y, �IIM ff k 2/17/W SECTION & DETAILS 3 4;i7/9 ovim awe" nw HEW m mTm m mMobil 2/24/W w �y m �y 14)11 6434 MURRAY HILL ROAD ��ffs wl� 2/24/W EYCELSIOR. MINNESOTA MINNEAPOIJS MARKET AlPA07-S2 3 A a D I I C I B 5 4 2 k12), m 1 - JUMPER /2 CABLE SCOT FOR �TE SEAL (4) 1/2' COAX CABLJ3 SEAL 7 WELD 3/18 #9153W WLD 3/16 mm TAW PIPE (CUT W Wn APPLY Sm PuEx 1� APKY SWA FLEA 1-h 4'0 M SCH 4D sEALAw (10 A� Atin sEALAw cm � DiLzro PW X 4 �m� PLATE LIONG I sIr COAX CABLE! 10-# scmawLE Do m AAm 3/w S� AS S� w SEC� A, A� FAAFNCA� � A= PLATE WLL BE WELDED 12, DAILY ONE 1/2- CABLE 6 SEW WD m �m CEWNG PLAIE As S� SECTION SECTION DETAIL Am\ (p ot (3 PLACES) 11—j m� �1/4a' Am 5/wo NAM SOLT M —7 �1/44- LOMAS V� (") BEUEREDON Dpow" tDW�S� Co S= ;HANHASSENWTIMINNEWASHTA PARK 00000 —�LWxI14W Al P407 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 :lu 6434 MURRAY HILL ROAD EXCELSIOR. MINNESOTA ��Al P�407-W 3/�-1/2 F /LT f00000000(7. W/o � PLxx : SUPPOW =5 PER LADDER CABLE LAM (SAaK #30"57) — SPt"E I. (Z F=T2) SCALD SPACm of LADDER CLft 2 FWD �1/44- LOMAS V� (") BEUEREDON Dpow" tDW�S� Co S= MINNEAP01JS MARKET A ct� POST MAIL PIPE A= 5/a-0 Soll HI I r k , 2DDDPSlw L COMP /A R\ SECTION STEEL GUARD POST DETAIL (2 PLACES) ;HANHASSENWTIMINNEWASHTA PARK 00000 Al P407 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 SECTIONS AND DETAILS 6434 MURRAY HILL ROAD EXCELSIOR. MINNESOTA ��Al P�407-W 3/�-1/2 F /LT W/o � PLxx : SUPPOW =5 PER LADDER CABLE LAM (SAaK #30"57) — SPt"E I. SCALD SPACm of LADDER CLft UP THE TO BE W-0, SECWN A rr LISE �y. A00 3 IVU/S I MDM ECWMDU AW MAXGED R,,E NEW -LM4 --�l I I I I m m 0 A I MINNEAP01JS MARKET A ct� POST MAIL PIPE A= 5/a-0 Soll HI I r k , 2DDDPSlw L COMP /A R\ SECTION STEEL GUARD POST DETAIL (2 PLACES) ;HANHASSENWTIMINNEWASHTA PARK Al P407 SECTIONS AND DETAILS 6434 MURRAY HILL ROAD EXCELSIOR. MINNESOTA ��Al P�407-W 3 5 4 2 PAINTING & PAINTING REPAIR GUIDELINE TOWER ATTACHMENT NOTES FOR ANTENNA INSTALLATIONS ON WATER TOWERS 1. M TVIII131, M SM� V � M X PAINTING OF ALL ECTERIOR ITEMS AND REPAIRING OF ALL DAIANCED INTERIOR COATINGS VALL BE REQUIRM. � IN M W WH ONE =AT V MMER AND M OXTS 13F TMEMIC �M W (M SERIES 73) PW. DMIOR SURFACE SPOT RERNR AND RE -COATING: 2. IN �AIIAWN FOR AIT� A M � SUIIFAX ()F sl� K AIT�. THE OF THE GMNNW Sl� "IM FIEPAR m m =A� �ARS AiII �TXIMS� M AN �-W-g � � OJM NOW ITEMS W) AT WHER AlIM � BY S� M �Tom� AMI) IM3 IMI DITERIOR aw Odium rvTMER � w 3. 5 M M A MM IAME lItATE F()R AWS ANTENNA M� OX�. AT �-W-3 � � � ldl� M � WAM RIOM � � THE IMISE �ATE � � SURF� M � T� S� � W) FINISH �T As � Illy MANUF� 4 � 5 M U� V�/� � ATT� THE IMSE ItA� TO THIE SMAX OF D4E � SO m OX� SMOW SIN1 �� T� � ax� Tmallm �� SmO4 ON THIE � THE � I,RlwmER � K �T � �m W NOT � M �E �ATURE OF THE � M NU13 ON � OD SIUM � gl� �� (� a" AT Z"X MIZ M. THE INT OF � AT AV 141� � � 5 Fc)R MIME lNFDRwAmw ON m W� � S� REPIR m m w SOI W. 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AND IIINI L � �T MUS� BE IllumINI 8 7. AMnM� AN,, MMPM � M BE e� M M,� TANI, ATI,� �y TAN14 =M As M� � ANt, su�. � K PAIMM m MAmm TXMIC =Aw SmEm � K SURFAX �AFIV) m � �MNM� � m OXTING. m Ow � � K � � AM X�m IMNER sl� � XAT M � IIIInq THE EITIM)R plim mAr a If �VAMM) MKR� � TlE �� mw�m kaw K mIR m om� INTERIM SPOT REPAIR AND RE-COA71NG: 11117 � DF TAMI( AT DF � SIJ� Bfl� W AN �W-10 FIA� E� DF XATM AT SSIC-V-3 L THE M,;mH m ax� �Elw D, m mw, � IN = ims w K � �� (� QXY) a Z�3.0 MILS IX7. � INT OF THE � AT W tA� =T K Zo M`U` MNM � �n �T � K W (WWM AT Z'"o � M 2.0 MU MINIMUM. IM FILM TNIG(NM K &0 MU MINIMIJU-12.0 MIIZ MTA AN A� OF 10.0 � THE MINIMUM IW nU& �NIM W AT �MN � K 11.0 MA� (1� TW WHRE). I �y V (1) V MMM M A UNIFIDAM =T X MWM �Y IM AMI) Au- SEIM% K= �T SEM� AND IN Is I�MtSSIIIU, Is n) ��y AIIW WT ARE m K OR sm)RE ANY Is vx�. A liffil M, m CHANHASSEN Wr/MINNEWASHTA PARK I h..by .1ft pl� qI cr pul by � � Iiiii:ii Al P407 I V17IN =0 FOR ONSIRUClION a OF T-� - MIMI Im �yl Awl� IN �=N a � � PAINTING AND PAINTING GUIDELINES R. IIIJIM 2/17/bb 2 3 MTN mMobile IlMIU.ER 2/24/ft 6434 MURRAY HILL ROAD —1. M-� 2/24/W oF �y m ml�y. EXCELSIOR, MINNESOTA MINNEAPOLIS MARKET AlP407-S4 3 -------- K— M.-. 7 5 3 2 NEW UTILITY SERVICE ONE - UNE DIAGRAM u STANDARD (24OV) D T/� (3) 3/D L ------------------------ mok � D� (3) 3/0 Lm I") j7 07 cryp) 4/0 �TED (3) fS AND 4/0 �TED mome c B/ImElt wpm SITE I I I I I I UTER I fit c� V" MTER (TIM �m) 10, WIRING DIAGRAM 3/0 3/0 N X H 200& 2� 2. 3/0 1 It I 13/0 2W& 2� */a xwo SITE T� 1 ��/2� 3 SWE AW ASS SEE T� wc� w \US H N, H I V� BY cwmwroR) TO END. mw 2) m t a m ASS END. BUS AT ll/� it I/e SEkTTE W/ BLIS AT T/� I 2-mmT0.CG Va I 4/0 ANG (BELOW GWZO r—r-t-- It T/� 21 Am STEEL X m L A PC= n A MIM SITE NOTES- STEEL. M BRKXE,/� BFWDQE� SEE IYTTMG TO �w ME LmTr 0M RDEL� M � 7 ��TDWU.� �*PUR=LCPILYF�� POWER & GROUNDING PLAN NST� Eff cownwim EwLiss 4aiEE GlKMD 3/8--r� A pft p..rdw, CHANHASSEN WT/MINNEWJNSHTA PARK 1 STHESOLE w T� - d* AIP407 2 O� PM = V �OtM�w� k 2/17/0 POWER AND GROUNDII 3 qVjW W� EW� ,E FDCE ,,,T m mTm m mmobile 2/24/W w �y ON 6434 MURRAY HILL ROAD EXCELSIOR, MINNESOTA MINNEAPOLIS MARKET A P407 -El aff OF Date: April 20, 2006 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Josh Metzer, Planner I Subject: Request for Conditional Use Permit for a 9 -foot privacy fence — T -MOBILE USA Planning Case: 06-21 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on April 14, 2006. The 60 -day review period ends June 13, 2006. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on May 16, 2006 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than May 5, 2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CemcrPoint Energy Minnegasco SCANNE0 Location Map T -Mobile Fence Conditional Use Permit Planning Case No. 06-21 6434 Murray Hill Road City of Chanhassen lzp�,, SUBJECT PROPERTY Crt 0 C� Melody CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 06-21 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 16, 2006, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for a Conditional Use Permit for a 9 -foot privacy fence on property located at 6434 Murray Hill Road (Water Tower site). Applicant: T -Mobile. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/serv/plan/06-2l.htm] or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: Phone: 952-227-1132 (Publish in the Chanhassen Villager on May 4, 2006) � Tal"Taq rKIN I Planninq Case No. 0(c —a I CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, IVIN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ddress: Own Name n(JAddress: �fy T�v T C �14�5�A *'- 1�4 Su,4e "s -42e Phone: tU 7o2 Lc(2�4 Fax:&Zt,77-3t3C Email: 4�tr, cnln I Contact: Phone: 9,VZ�l o3Z Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) 4Z!7; Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E��Filing Fees/Attorney Cost" 4$50 CWPfSPRIVACNARNVAP/Metes & Bounds - r4SIT—Minor SUB TOTALFEE$ q-15' An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital cop in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: LEGAL DESCRIPTION: TOTAL ACREAGE: 0.3 WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: YES NO PRESENT LAND USE DESIGNATION: N e-5. — REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: ( k This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. lure vpllc�� i-g-nature of Fee �Owner G:�PLAN\forms\Deveiopment Review Applimfion.DOC h..� 4/0 (0 " DAte Date Rev. 12/05