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PC SUM 2007 03 20 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 20, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Undestad, Debbie Larson, Jerry McDonald, Kathleen Thomas, Kurt Papke, Kevin Dillon and Dan Keefe STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer WESTWOOD CHURCH MASTER PLAN. Steve Mueller, Chair of the Building Team at Westwood Community Church presented drawings of the previous master plan and updated master plan for their site. Tom Johnson, Chair of the Leadership Board spoke to discussions that have been held with the developer to the south and timing for construction. PUBLIC HEARING: T-MOBILE CELL TOWER: SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 145 FOOT CELL TOWER WITH A 4 FOOT LIGHTNING ROD, AND A CONDITIONAL USE PERMIT TO ALLOW A FENCE OVER 6 1/2 FEET ON PROPERTY LOCATED WEST OF GREAT PLAINS BOULEVARD, NORTH OF CREEKWOOD DRIVE, SOUTH OF HALLA NURSERY, AND EAST OF BLUFF CREEK GOLF COURSE. THE SITE IS LEGALLY DESCRIBED AS OUTLOT A, HALLA MARYANNE ADDITION, APPLICANT T-MOBILE, PLANNING CASE 07-04. Public Present: Name Address Claire Vogel 815 Creekwood Gloria Boynton 777 Creekwood Anne Vogel 815 Creekwood th Steve Edwards 501 50 Street West Bruce Paul 10240 Mandan Circle Tim Voehl 770 Creekwood Drive Sharmeen Al-Jaff presented the staff report on this item. Commissioner Papke asked for clarification on the city's guidelines for where an antenna can be located in the city. Commissioner Dillon asked about the number and weight of antennas that can be placed on this tower and clarification of the expansion to a non-conforming use on the Halla Nursery property. Commissioner Larson asked for clarification on the height of the tower and the use of barbed wire. Commissioner Keefe asked about the access to the site, and further clarification on where these towers can be located. The applicant, Steve Edwards with T-Mobile addressed the issues of co-location by other carriers, access, setback from Highway 101, FAA lights, the use of Planning Commission Summary - March 20, 2007 barbed wire, climbing the tower, the number of antennas that can be placed on the tower, engineering of the structure, and how the location was chosen. Chairman McDonald opened the public hearing. Tim Voehl, 770 Creekwood Drive expressed concern with lightning, noise, color, and the term of the lease. Gloria Boynton, 777 Creekwood reiterated Mr. Voehl's concern with the proximity of the tower to his property. Bruce Paul, 10240 Mandan Circle stated he was not in favor of locating a tower next to his property and expressed concern with TV and radio interference, health hazards, property value, and why the antenna is not located on the Highway 312 corridor. Chairman McDonald closed the public hearing. After comments and discussion by commissioners, the following motion was made. Larson moved, Dillon seconded that the Planning Commission recommends that the City Council approves Site Plan Review #07-04 for a 149-foot telecommunication tower and a 7- foot chain link fence with 3 rows of barbed wire as shown on the site plan received January 19, 2007, subject to the following conditions: 1.The applicant shall enter into a site plan agreement and submit financial security to guarantee the improvements. 2.Clearing for the tower and equipment pad shall be no greater than 15 feet from the edge of the pad. 3.A maximum of 25 feet is allowed for clearing the access road to the site. Trees shall be preserved to the greatest extent possible. 4.The applicant shall install a minimum of eight Black Hills spruce around the equipment platform. Trees shall be at least six feet in height. 5.Site grading and vegetation removal shall be minimized to the greatest extent practical. If any excess material is anticipated to be generated as a result of access road construction, the disposal location must be approved in writing by City staff prior to road construction. 6.A rock construction entrance complying with the City’s standard detail (#5301) shall be included on the Erosion and Grading Plan and shall be constructed prior to the remainder of the gravel road. 7.If applicable, the applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. (Watershed district and MPCA permits are necessary if the total disturbed area is in excess of 1.0 acres). 8.The monopole/tower shall be moved 25 feet to the west for a total setback of 175 feet and maintain a minimum of 150-foot setback from the north, west and south property lines. 9.The driveway off of Creekwood Drive may not be used to serve nor access the Halla Nursery commercial operation. 2 Planning Commission Summary - March 20, 2007 10.Building Official Conditions: a.A building permit is required to construct the tower and equipment platform; the tower must be designed for a wind load of 90 MPH for 3 seconds (ref. 2000 IBC, Sec. 1609) and include the effect of one-half inch of radial ice (ref. MSBC 1303.1800). b.The plans (tower and platform) must be signed by a professional engineer licensed in the State of Minnesota.” All voted in favor and the motion carried unanimously with a vote of 7 to 0. Larson moved, Dillon seconded that the Planning Commission recommends that the City Council approves Conditional Use Permit #07-04 for a 149-foot telecommunication tower and a 7-foot chain link with 3 rows of barbed wire as shown on the site plan received January 19, 2007, subject to the following conditions: 1. The applicant shall enter into a conditional use permit agreement and submit financial security to guarantee the improvements. 2. The tower shall comply with the requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. 3. The tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. 4. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. 5. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower’s capacity, including the number and type of antennas that can be accommodated should also be provided. 6. The monopole color shall be the brand “Tnemac” and the color “Blue Elusion”. 7. All outdoor storage associated with the Halla Nursery and located within Outlot A, Halla Maryanne Addition, shall be removed prior to issuance of a building permit for the tower and the area shall be revegetated.” All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: GAUER ADDITION: REQUEST FOR A TWO-LOT SUBDIVISION WITH A VARIANCE FOR ACCESS OFF A PRIVATE STREET ON PROPERTY LOCATED AT 3 Planning Commission Summary - March 20, 2007 3820 LONE CEDAR LANE (LOT 4, BLOCK 1, CEDAR CREST), APPLICANT SCOTT & LAURIE GAUER, PLANNING CASE #07-07. Bob Generous presented the staff report on this item. Commissioner Papke asked for clarification on where the private street is located. The applicants, Laurie and Scott Gauer explained the reason for the variance. Chairman McDonald opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, Keefe seconded that the Planning Commission recommends the City Council approve a two lot, one outlot subdivision with a subdivision variance for access off a private street, plans prepared by Frank R. Cardarelle, dated 2/11/07, subject to the following conditions: 1.Each lot must be provided with separate sewer and water services. 2.Address numbers must be posted on each home and on Lone Cedar Lane at the private street entrance. 3.Building permits are required for retaining walls. Retaining walls must be designed by a structural engineer licensed in the State of Minnesota. 4.If site correction (grading and soils correction) is contemplated, final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 5.Full park fees will be collected in lieu of land dedication for one lot in the amount applicable at the time of final plat approval. 6.Tree protection fencing shall be installed at the edge of grading limits prior to construction. 7.Any trees identified as being saved on plans dated 2-11-07 that are damaged or removed shall be replaced at a rate of 2:1 diameter inches. 8.A minimum of one tree is required in each front yard. 9.A cross-access easement and maintenance agreement for the private street in Outlot A will need to be prepared and recorded. 10.All structures (with the exception of one water-oriented accessory structure on each lot that complies with Subsection 20-481(e)(2) of Chanhassen City Code) shall be set back a minimum of 75 feet from the OHW of the lake (944.5). 11.All grading or vegetation removal shall be subject to Section 20-482 of the City Code. 12.Any existing and proposed docks on the subject properties shall meet the requirements of City Code Section 6, Article 2. 4 Planning Commission Summary - March 20, 2007 13.All erosion and sediment control measures shall be installed in accordance with the approved building permit. 14.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $5,450. 15.The applicant shall apply for and obtain permits from the appropriate regulatory agencies and comply with their conditions of approval. 16.Calculations of hydrology in Hydrocad showing that the development meets the requirements of the City shall be submitted. 17.The garage floor elevation should be raised to prevent water from entering the structure. A minimum slope of two percent is required on the west side of the driveway. 18.Install a valley gutter along the front of the driveway to prevent drainage from entering property. 19.Ground (i.e. non-paved) surface grades shall not be less than 2%. 20.Emergency overflow locations and elevations must be shown on the plan. 21.An easement is required from the appropriate property owner for any off-site grading. 22.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23.Encroachment agreements are required for any retaining walls proposed within drainage and utility easements. 24.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25.Install cleanout for the sewer service at the bend of the sewer service for Lot 2. 26.Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 27.Outlot A must be covered by a drainage and utility easement.” All voted in favor and the motion carried unanimously with a vote of 7 to 0. 5 Planning Commission Summary - March 20, 2007 APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated March 6, 2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 8:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6