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PC Minutes 3-20-07 Planning Commission Meeting - March 20, 2007 of buildings is 354,000 square feet. Parking stalls we have provisions for 1,512 parking stalls and requirement of the city would be 1,372. And we certainly exceed for the 2,400 seat worship center that requirement. So that was the main reason for being here was just because we know that development is occurring around our borders. We wanted to make sure that our intentions, at least as much as know them today, are known by the city and by anyone who would be interested in purchasing property or developing it adjacent to our property. So I really don't have too much more other than if you have questions about our intentions. McDonald: Have you had an opportunity to talk to the developer of that land to the south? Southwest of you there. Steve Mueller: I don't think we have, no. Tom Johnson is here too from Westwood. He's the Chair of the Leadership Board. Tom Johnson: We have actually had discussions with them prior to the master plan and it actually had to do more with the city sewer and water coming through. But as far as the relationship with Westwood and the developer, everything is just fine. McDonald: Okay. Tom Johnson: This was more of an informational purpose than anything. Keefe: What is your timing on, in terms of your next phases? Any sense on that? Tom Johnson: Well, you know that's up to funding as usual and we really don't have a specific plan. We're going to enter into another capital campaign drive that will start actually in 2008. So potentially you know, we really don't know as of yet so we'll see what happens as a result of that capital campaign drive. McDonald: Okay. Does anyone else have any questions? Okay well thank you so much for the update. Information and best of luck. 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 2 Planning Commission Meeting - March 20, 2007 Gloria Boynton Anne Vogel Steve Edwards Bruce Paul Tim Voehl 777 Creekwood 815 Creekwood 501 50th Street West 10240 Mandan Circle 770 Creekwood Drive Sharmeen Al-Jaff presented the staff report on this item. McDonald: Kurt. Papke: Start with an obvious one. In terms of the city's discretion or guidance or comprehensive plan or zoning, is there any, what, how much is the phone, are the phone companies limited to where they can place these things? Now you already stated that it has to be, you did the one mile search around the subject area and there was nothing. Beyond that is there, are there any limitations or guidance in the comp plan? I mean, or are they free to put this anywhere they can find a big enough lot? AI-Jaff: Any time, we work very closely with any applicant that comes in and when it comes to antennas, I mean it's something that we take very seriously. We don't want to see a proliferation of towers throughout the city. One of the things that I didn't mention through my presentation but it's in the staff report, we require co-location of different providers and we know that Cingular is going to co-locate on this site. Another thing that I didn't show during my presentation is the dead zone of, there is a dead zone and I will ask the applicant to answer more on this issue. Tell you more about it. He explained it to me and when he did explain it I understood it perfectly. Papke: I think I understand the rationale you know from a signal coverage perspective why they want to put it where it is. My only question is, does the city have any leverage or any guidance on where we want it to be or any restrictions. AI-J aff: Yes we do and the applicant has met all of those guidelines and restrictions. Papke: Okay. So legally they're perfectly empowered to put this where they're proposing to put it without any inhibitions? Okay. In regards to the condition of moving the tower, is it 25 feet west? Has the applicant indicated a willingness to move it to accommodate the 101 realignment or is this, where do we stand on that? AI-Jaff: They will. Papke: Okay, so I'll let the applicant, I'll ask again from the applicant's perspective. AI-Jaff: Nothing in the report should come as a surprise to the applicant. We communicated throughout the process. Papke: Okay. That's all I have. 3 Planning Commission Meeting - March 20, 2007 McDonald: Kevin. Dillon: What is the capacity of this tower in terms of, I know there's T -Mobile and then there's talk about Cingular putting extra antennas on it or whatever they're called. I mean you know, how many layers of antennas from a technical capacity and then like from a practical point of view too in terms of you know the mechanics of the weight on top of the tower. AI-Jaff: Absolutely. At the time of building permit they have to design the tower and submit these engineered plans to our building department to evaluate. Currently they are showing potentially four future carriers. No, three. Three in addition to T-Mobile. And we know Cingular is signing up to co-locate on this tower as well. So total of four and it will be engineered and reviewed by our building department to ensure that it's able to handle the weight of the antennas. Dillon: And so when that is submitted and approved by the building department, I mean can you go back and amend that at a future date to add more tiers of you know antennas, assuming that the weight and all that would work out? I mean if it could structurally support it. I mean because my concern, I don't want like antennas all up and down the thing. I mean it would look a little odd. I mean I know there's only so many cell service providers now but. AI-Jaff: Correct. But one of the things that we need to bear in mind is that there has to be separation between the different carriers. The waves cannot interfere with each other. And I have not seen more than 3 or 4 carriers on a single tower. Dillon: Is there going to be like a steps or like steps isn't the right word but a ladder you know for if like a service technician had to climb the tower to fix a broken wire or something up top? AI-Jaff: Yes, there will be. Steve Edwards: I can elaborate on that. Dillon: Maybe I'll save some of my questions that are more for the builder. AI-Jaff: Yes, the detail questions dealing with the tower, yes please. Dillon: Okay, and so then how did, so you found the discrepancy in the way that the Halla parking lot was, okay. AI-Jaff: Correct. Dillon: And so was that disclosed to you when you were doing this or did you like uncover that? AI-Jaff: I uncovered. Dillon: And so then now, so part of the condition of this getting approved in, or I think you said or just regardless, you have to fix it. 4 Planning Commission Meeting - March 20, 2007 AI-Jaff: Regardless, this has to be fixed. Dillon: Just curious, what's their reaction to that? I mean were they like. AI-Jaff: They haven't said anything but it will get, it's an illegal expansion and it has to cease and desist. Dillon: And what's the relationship between Halla and the applicant? AI-Jaff: The applicant is leasing property from Halla Nursery. Prom Don Halla. Don Halla owns Outlot A, as well as Halla Nursery. Dillon: Okay. That's all the questions I have for now. McDonald: Kathleen. Thomas: I'm good. I have a couple questions for the applicant so I'll wait, thank you. McDonald: Debbie. Larson: Well I have a question regarding the height of the tower. That seems really high. Is that normal? AI-Jaff: Yes. Larson: Because I mean I've see them along the highway and freeways and stuff and I'm sure they're not 145 feet high. Or is it because of where it is in the landscape? AI-Jaff: Terrain. The word that the applicant used when he was trying to explain all of this to me was signals have to see each other and as such the terrain comes into play and that would also decide the height of the tower. Larson: Okay. Let's see here. You answered that one. Barbed wire. Is that a necessary item on this fence? AI-Jaff: The applicant feels that it's an added, a security measure. This is an Agricultural Estate District and barbed wire is permitted in that. Larson: I mean for animals or people? Either one? It's out in the middle of nowhere, that's why I just, it just was interesting. AI-Jaff: I believe the only reason, and we've done this, this is not the first cell tower where we allowed the use of barbed wire on the top, and again it's because of security. Larson: Okay. That's all I have, thank you. 5 Planning Commission Meeting - March 20, 2007 Keefe: Just a couple quick ones. The road off Creekwood, can we restrict them because the recommendation is for them to come, drive south to the site from the existing nursery, but they want to come up from Creekwood. Is that something, I don't see any restrictions or any conditions other than we'd like you to consider, but is that something we can? AI-Jaff: This property has frontage on Creekwood. This is a, according to the applicant, they intend to have one trip per month for maintenance purposes. The way the applicant explained it is, the owner of the property would like to keep the two entrances separate for security reasons. And that's the reason why we looked at this, at the two alternatives was mainly because of the length of this driveway. Keefe: Right. How do you maintain it and who goes on it and, right. AI-Jaff: But no, there is... Keefe: But if they choose to do that, if they choose to do that and maintain it and, is there much we can do about it really? Nothing. Okay. Alright, and then in regards to the conditions associated with them to remove the illegality, if you will, I didn't see anything in the conditions here. Is that something that's handled through. AI-Jaff: It should be. Keefe: Is it in there? Did I miss it? Okay. I'll take your word for it then. I didn't see it. AI-Jaff: It's in. Keefe: Which one is it? AI-Jaff: It should be under the conditional use permit. Keefe: I wrote something right above it, that's why I overlooked it. It's there. AI-Jaff: That's on page 14. Keefe: Yep. And then the last item I had was related to what Kurt was I think in part going after was, if this tower's built by T-Mobile and say somebody else locates on it, does that then restrict somebody else from building a tower within a certain distance from this? Another tower. So for instance if somebody else wanted to come in and have their own tower, I mean are towers, do we restrict the distance from tower to tower from different providers? AI-Jaff: What we want them, and it's not cheap to have a tower. Keefe: No, I know. Yeah. AI-Jaff: And so any user will first come and. 6 Planning Commission Meeting - March 20, 2007 Keefe: They'll likely want to co-locate on there but is there any restriction for somebody else say to come in and build another tower, if they could get Don Halla gets you know lease payment off of this and somebody else wants to build a tower and. AI-Jaff: They have to go through the exercise of demonstrating that this tower cannot accommodate one. They have to look within a mile radius. Exactly the same way we went with this applicant. Keefe: Okay. So the city rules essentially say that if there is an existing tower, you have to look to co-locate on that if it's within a mile area of service area? AI-Jaff: That's correct. And we have a letter from the owner of the property saying that he will allow the co-location. We have a letter, so it's a commitment letter that we get from different, from the owner of the property that says we will allow co-location on this tower. Keefe: Okay. FAA lights. AI-Jaff: We can't control. Keefe: Is there going to be one on this at 145 feet do we know? AI-Jaff: To the best of my knowledge there isn't going to be one. IfF AA requires any signage or lights, then their regulations would supersede whatever we have here. Keefe: Yeah, it'd just be kind of nice to know if there's going to be a blinking light up there or not. Maybe the applicant can address that one. Okay. McDonald: I have no questions either so at this point if the, thank you staff for the report. If the applicant wishes to come up and address the commissioners and address some of these questions that are kind of waiting for you. Steve Edwards: Mr. Chairman, members of the commission. My name is Steve Edwards. I'm here tonight representing T -Mobile. I'd like to thank you for the chance to speak tonight and first of all I'd like to thank staff. Sharmeen has been very diligent in her questions and has responded to my questions in a very timely manner. Concerning the site, I know several carriers have been looking at this area for several years now and I think that's evident by Cingular's applicant with T -Mobile so far before the tower's even built to co-locate on the site which shows you that there's a need for a site in this area. I think the site we've come up with fits very well in the area. The actual bottom of the tower will be very well screened by the existing coverage that's in the area. And we're more than twice the distance away from any residences as required by the code. A couple of the issues that have been brought up by staff concerning the access. It's not T-Mobile's intention to build an 800 foot road right off the bat. I mean it is an inconvenience for T -Mobile also. But as it's been pointed out to me that Don Halla is not the only owner of this property. The actual nursery. There is another owner and that owner is not interested in creating an easement on the property, which don't work into his future plans. So that puts us in the position 7 Planning Commission Meeting - March 20, 2007 of creating another access off the road. The shortest distance off that road obviously being 101 and I think we're familiar with that being in the process of being moved, and with that that puts us back to the 800 foot road and the actual access we're looking to complete off that is an extension of an existing driveway that we were able to basically provide so there won't actually be a new access off that road created. The issue, I have issue with 101. Ah, the 25 feet. Moving that back will not be a problem. That kind of works in with the situation with FAA. Currently we have a letter from the FAA saying that at our exact location with those coordinates we're okay to go without a light, but we'll have to re-file that now with the new position 25 feet away. Barbed wire. It's something we typically have on our sites. This is out in the middle of nowhere, as you said, and if the commission feels it's something they would not like to have on the tower, we can have that removed. Our cabinets within the fence are extremely durable and they have alarms on them if somebody goes after them with a baseball bat or something. It's going to take a few swings before it does harm. And then an alarm goes off within the site and one of our technicians is actually deployed to the site. Restriction about climbing the tower. There is, our climbing pegs start about 20 to 25 feet up so our technician actually has an extension of a ladder or even a cherry picker to access that tower so these aren't accessible by somebody who's not carrying a really long ladder which might be able to go onto the site. Another, as Cingular, if another carrier wants to approach T -Mobile with co-locating on this tower, we have what's known as a master lease agreement in place with all the major carriers which basically makes it a speedy installation for that carrier to utilize this tower. And if anybody were to apply to build another tower in this area, they would have to come to the City Council and Planning Commission and say, and prove the reason why they can't actually utilize this tower, so. I think that's really all I have. If! can answer any questions you might have. McDonald: Mark? Undestad: I was just curious on the question that Kevin had there on how many you can put on there. How many additional antennas work on that tower? Steve Edwards: Right now it's planned for 4 with the idea that Cingular's coming on below T- Mobile. T-Mobile's installing at the 145 level. Cingular will be able to install at 135. The next carrier at 125 and 110. 115 with 10 foot increments. And in this area, 115 is still a pretty good coverage area for the fourth carrier coming onto that. If something does happen down the road and there is a fifth carrier or internet provider or somebody else approaches T -Mobile to be on this tower, these towers are over engineered. And can be modified down the road if more strength needs to be put into the tower. But a fourth carrier tower is a pretty beefy tower as it is. Undestad: Is the inner net that they're talking about, does that go up into your antenna or is that something that again is going to get below the 115 mark or? Steve Edwards: That would actually come off of our platform. That would be part of our right with T -Mobile. Undestad: T-Mobile and the 145. Steve Edwards: Correct. 8 Planning Commission Meeting - March 20, 2007 McDonald: Questions? Dillon: How far like down into the ground does the tower have to go so it doesn't sway or how is that engineered? I mean is it just, because there's no guide wires. Steve Edwards: Exactly, it's engineered. We go out and we take a soil sample of the site. We send that off to an engineering firm who specializes in foundations. In this area I'd estimate 30 to 35 feet down. Prior to this I've worked in Louisiana. We were going 40 to 60 feet down so, there's a case now that goes pretty deep down there. Dillon: That's the only question I have. Papke: Just a question about how optimal the site is for T -Mobile and for the City of Chanhassen. It's quite common to build these along an interstate, because you get, you want to accommodate the people on the interstate. Why not a spot closer to 212 as opposed to right next to a golf course? Steve Edwards: I think I'll refer to our existing coverage. Papke: You know it's referred to several times as kind of the middle of nowhere. There's not that many residents right around the tower and because of the aesthetics involved, you just, you know one would intuitively think that a spot closer to the new 212 freeway would be better for the City and better for T -Mobile. Steve Edwards: Well as you can see we're actually going to be able to, sorry. This is an existing coverage as you see kind of the coverage that we currently have. This is what the site we're actually providing and that's one of the reasons we're going at 145 feet. It allows us to cover a large amount of area, still working within the city code. One of our biggest problems right now is along Pioneer Trail. 101 right there and then also kind of dipping down into the 212 down below. With that, this area's very, very restricted not only from the city code but also you have a bluff line in this direction. You drop off and pretty much go down about 100 feet down here until you get into wetland area, and then trailing off over into here we actually have some coverage along here that we're pretty satisfied with so, what we're really trying, this is really one of the only opportunities that we've actually had in this area to find a spot that is actually going to meet the coverage objective. So it's been a difficult and a long couple years working, trying to figure out what we're actually going to do on this so we're very happy with the location we found now so. McDonald: Okay, well thank you very much. At this point we will open this up for public comment and I would ask that you come up to the podium and just state your name and address and address your comments to the commissioners. So anyone wishing to comment on this, please come forward. 9 Planning Commission Meeting - March 20, 2007 Tim V oehl: I happen to live at the southwest corner, the corner there. My wife and I, and we have 3 children, we're concerned about looking at the dangers that this might have to our family. If there's. McDonald: Excuse me sir, could you state your name and address. This is as much for the record as anything else. Tim V oehl: Sure. McDonald: Just living down in this little corner doesn't really help us. Tim V oehl: Alright. Tim V oehl. The address is 770 Creekwood Drive. McDonald: Thank you. Tim Voehl: So is there any kind of throw off to this? You know one concern that I heard mention of a lightning antenna on it. And I guess does it attract lightning strikes? I know that the storms get pretty severe down on the bluff. Is that going to draw lightning up into our area? Should I go on? I've got a little list here. McDonald: Okay, go ahead. Tim Voehl: Okay. Noise. I guess is there going to be a hum at all? I don't know if that's the case. Visual, what color is it going to be painted? Probably light blue. I assume since it blends in with the sky. What is the lease term? How long is it proposed to be there? I believe that Don Halla isn't the owner of that property indefinitely. You know in which case, when it changes hand, does the tower go with it? Well that's basically it. McDonald: Okay. I guess in answer to your questions, that's something that he should be able to approach you at City Hall with all the details of that. AI-Jaff: Sure. McDonald: Or is that. AI-Jaff: All the questions we're able to answer. Steve Edwards: I can also address those questions. McDonald: If you want to step up and address a couple of those questions for him. Steve Edwards: Yes, lightning. There is a lightning rod on this tower. The lightning rod's actually there to protect the electrical equipment at the base. It's not going to draw any additional lightning to the area, but what lightning is in the area, it will probably absorb. Noise. There won't be any noticeable noise. The closest house is 400 feet away. Our cabinets have small air conditioners in them. I don't think you'll, we have other sites, actually another site in 10 Planning Commission Meeting - March 20, 2007 Chanhassen on a city water tower which I was here last summer. We're within 90 feet of a gentleman's back yard and he has not called me to let me know that the noise was a problem so I think we're okay there. Color. I guess it is light blue huh? Light blue on a beautiful blue day is a very nice tower. It blends into the sky well. Here in Minnesota we have a lot of gray days, and the galvanized gray tower is what people are used to seeing, and this is personal opinion. It's not a problem whatsoever to have the factory do a blue tower. But blue towers stand out on a lot of days. Whereas a gray tower is the one that we commonly see, and we kind of know what the gray tower is or, we don't notice the gray tower as the blue one kind of jumps out at you. It is a 25 year lease agreement with Mr. Halla, and that would stay with the property if he sold the property in 10 to 15 years so. McDonald: Okay. Thank you very much. Does anyone else wish to come forward and make comment? Gloria Boynton: I wonder if we can see that map again of all the properties with that road up and to the left there. Now that's your yard right there Tim. See that square on the left hand corner that looks like it's part of Halla's property. Well Tim and Terry bought that house right there. That's their back yard. And so, and they've got 3 boys and they're concerned about kids climbing the tower. Getting too close to that equipment and you know this isn't way out in nowhere. Creekwood has about 20 residential houses right up to the golf course and down. .. It's not in the country. This is residential. I don't have any objection and I don't think that the tower looks that bad... but I just think for the V oehl's, it's quite close to their back yard there. Steve Edwards: I'm sorry... The drive in, I think you mentioned... McDonald: And ma'am, just for the record. Could we get your name and address. Gloria Boynton: Mine? McDonald: Yes ma'am. Gloria Boynton: Gloria Boynton. B-o-y-n-t-o-n. 777 Creekwood. McDonald: Okay, thank you very much. Does anyone else have any comments? Please come forward. Bruce Paul: Yeah my name is Bruce Paul and I live at 10240 Mandan Circle in the middle of nowhere. This neighborhood's been here since the 60's and I look at these photos. None of them show the shot from my picture window in my front yard. I don't want that thing next to me. It looks like a Christmas tree. You talk about landscaping and all that with the barbed wire fence. You couldn't see anything at 12 feet anyway. Can you find a tree 145 feet high? You know we have to look at this thing sticking up and you know what does it do to our TV interference? Our AM radio interference that we do have right now. Health hazards. I don't know. Microwaves. I mean I don't have a clue. You talked about some of these antennas being down 115 feet. What does this do to this 400 feet area then? And why here? Why not on 312 corridor? You know, and if Halla's going to get $3,000 to $4,000 rent a month on this thing, why doesn't the City of 11 Planning Commission Meeting - March 20, 2007 Chan buy a chunk of property on 312 and collect the revenue themselves? What does it do to my property value? You know the homes are somewhere around the $300,000 to $400,000 range there and like Gloria said, there is about 20 homes there so we're not in the middle of nowhere. We might in the southern tip ofChanhassen township but it's not the middle of nowhere. So that's some of the questions I had and concern about flashing light. It's a very quiet neighborhood and now I've got this beacon sitting up there. You might as well paint it green and have a Christmas tree. So that's some of my concerns. Thank you. McDonald: Thank you very much. Does anyone else wish to make comment? Seeing no one else come forward, I will close the public meeting and I will bring it back up for a discussion among the commissioners. Mark, any comments? Undestad: No. McDonald: Dan? Keefe: What's a typical city block, 500 feet? Typical if you're going like St. Louis Park, Edina you know. ...500 feet. Is it? 1,000 feet? So I mean it's at least a half a block away from any house. I still wouldn't want it in my yard either. Looking at it, but I mean we're here to, I mean it complies with ordinances and that's really what we have to be concerned with so. McDonald: Okay. Debbie? Kathleen? Thomas: No. McDonald: Kevin? Dillon: I don't have any comments. It looks like, it's too bad that he can't use the access off the Halla Nursery. I mean I don't know if you could take another run at it to see if that would work but, you know from a safety and security and potential for mischief point of view, having another driveway coming in off of another road is you know, I think would be a concern. So if there's any, you know that would be the one, and that's sort of been tried and you know, a moot point at this time, that's what it is but I think that would be one thing that would you know seclude this just a little bit more. McDonald: Kurt. Papke: Well I think probably live the closest to this one. I think I'm about 3/4 of a mile so I feel kind of bittersweet about it. On one hand I appreciate the comments about the area. It's a very pastoral area. On the other hand, I only get one bar on my cell phone so I guess this one goes down into the category of progress, so. McDonald: Okay. I guess the only comment I would say is, yeah put it in the progress side of it. I mean people do want coverage for their cell phones and there's probably a lot of instances both from a safety and security standpoint. We depend upon cell phones very much now and we should be able to provide coverage to residents of the city and as long as they're meeting the 12 Planning Commission Meeting - March 20, 2007 requirements, I'd say the tower's going to be built. The only thing is, I hope everyone understands the restriction about Halla Nursery having to correct the illegal expansion into the Outlot A, that that could hold up progress of this, but that is a condition of what we will be voting on here. With that I'll accept a motion. It's your turn. Larson: My turn? Alright. Okay, the Planning Commission recommends approval of the 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 through 10. And did we have a friendly amendment with that somewhere? No? McDonald: Not with that one. Larson: Okay. And then, do we want to do these separate or together? McDonald: We'll do them altogether. Larson: Okay. And second of all, the Planning Commission recommends approval of the Conditional Use Permit #07-04 for 149 foot telecommunication community 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 through 7. McDonald: Do I have a second? Dillon: Second. 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. 13 Planning Commission Meeting - March 20, 2007 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. 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 of90 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 O. 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. 14 Planning Commission Meeting - March 20, 2007 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 o. PUBLIC HEARING: GAUER ADDITION: REQUEST FOR A TWO-LOT SUBDIVISION WITH A VARIANCE FOR ACCESS OFF A PRIVATE STREET ON PROPERTY LOCATED AT 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. McDonald: Kurt, do you want to start us? Papke: Could you just make it clear where the private street actually is, since that's the key issue for which is in front of us tonight? It wasn't, it's a black and white drawing so just. Generous: It runs through, a portion of Outlot A and then into the right-of-way. Currently it provides access to the property immediately to the east of that, and so it would be within this right-of-way. Papke: So the private street already exists and is built. Generous: It exists. Papke: So the only thing that really gets added on here is a driveway off of the existing private street. Generous: Right. Papke: Okay. Generous: And as part of their original agreement they specified that they could do that, and then as a condition of approval we require that they provide the access easement and maintenance agreement. 15