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PC SUM 2007 11 06 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES NOVEMBER 6, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad and Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet Paulsen 7302 Laredo Drive 7305 Laredo Drive PUBLIC HEARING: LAKESIDE: REQUEST FOR MINOR PUD AMENDMENT TO ADJUST INTERNAL SETBACK REQUIREMENTS FROM 20 FEET TO 15 FEET AND ADJUST THE WETLAND SETBACK CONSISTENT WITH CURRENT WETLAND SETBACK REQUIREMENTS. APPLICANT: SIENNA CORPORATION. PLANNING CASE 07-23. Public Present: Name Address John Vogelbacher 4940 Viking Drive, #608, Edina Kate Aanenson presented the staff report on this item. John Vogelbacher, Project Manager with Sienna Corporation addressed a glitch in their planning that brought this application back to the city asking for a PUD amendment. Chairman McDonald opened the public hearing. Deb Lloyd, 7302 Laredo Drive asked for the commission's consideration in looking at the additional variances being requested for the wetland buffer and wetland buffer setback, the decrease in the wetland buffer setback from what was previously approved in the final plat, and the spacing between buildings. Commissioner Keefe asked for clarification on the difference between an amendment to the PUD and a variance. Mary Borenson, being a member of the advisory committee for the Riley-Purgatory-Bluff Creek Watershed District stated she was present to support and agree with some of the things that were presented by Deborah Lloyd regarding the impervious surfaces and modified setbacks and showed maps outlining the water quality of area lakes. Chairman McDonald asked that any comments made from the public pertain to the PUD amendment only. He then closed the public hearing. After comments from commissioners, the following motion was made. Planning Commission Summary - November 6,2007 Papke moved, Larson seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development (PUD 06-26) development design standards, section c. Setbacks, to read as follows: c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height - Condominiums with a minimum of30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: T-MOBILE: REQUEST FOR CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AMENDMENTS TO ALLOW A 145 FOOT TELECOMMUNICATION TOWER WITH A 4- FOOT LIGHTNING ROD AND A 6 FOOT PRIVACY FENCE. LOCATED WEST OF GREAT PLAINS BOULEVARD. NORTH OF CREEKWOOD DRIVE. SOUTH OF HALLA NURSERY. AND EAST OF BLUFF CREEK GOLF COURSE (OUTLOT A. HALLA MARYANNE ADDITION). APPLICANT: T-MOBILE USA. PLANNING CASE 07-04. Public Present: Name Address Steve Edwards John Landwehr Wendy Biorn 501 50th Street West 22016 East Bethel Boulevard 555 West 1st Street, Waconia 2 Planning Commission Summary - November 6,2007 Jim Sabinske Gary Anderson Walter G. & Chrisann Arndt 775 Creekwood 725 Creekwood 10151 Great Plains Sharmeen Al-Jaffpresented the staff report on this item. Mark Undestad asked for clarification of where the approval from the Historical Society fits into the process. Commissioner Keefe asked about different design options to camouflage antenna towers. Commissioner Papke asked about notification of neighbors being impacted by the new location. Commissioner Dillon asked for clarification on the historical society's role in the approval process. Steve Edwards with T -Mobile noted that Cingular Wireless, which is now AT&T, still plans to locate on the tower which meet the intent of the ordinance to reduce the number of towers by co-locating other cellular carriers onto this tower and addressed the issue of appearance. John Landwehr with Pinnacle Engineering addressed the compliance with 106 standards and the process that was taken in finding a new location for the tower on the site. Chairman McDonald opened the public hearing. Wendy Biorn, Executive Director with the Carver County Historical Society was speaking on behalf of the Carver County Historical Society as well as the Preservation Alliance in Minnesota and the Minnesota State Historic Preservation Office at the Minnesota Historical Society. She explained how the 106 process works and how those rights affect the August Vogel house. Gary Anderson, 725 Creekwood stated if this tower is moved where proposed, he would be looking at it out the picture window of his home. And in review of the city's 2030 comprehensive plan, specifically the chapter on historic preservation, he noted this area is guided for residential low density of 4 houses per acre. He asked that the commission consider residents such as himself who have lived and paid taxes in the city ofChanhassen for 30 plus years. Chrisann Arndt, who lives in the historic August Vogel property, thanked everybody for their work in moving the cell tower and outlined all the work she and her husband have done to restore the property back to it's original state. Jim Sabinske, 775 Creekwood agreed with Mr. Anderson's comments and stated he was speaking pretty much on behalf of the whole Creekwood neighborhood about their concern that T -Mobile had found a second site to locate the tower. Chairman McDonald closed the public hearing. After comments and discussion from the commission, the following motion was made. Undestad moved, Dillon seconded that the Planning Commission recommends approval of the Amendment to 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. 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. 3 Planning Commission Summary - November 6,2007 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 ISO-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. " c. The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 6 to 1. Undestad moved, Dillon seconded that the Planning Commission recommends approval of the Amendment to the 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 Planning Commission Summary - November 6,2007 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, except Keefe who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: COMPREHENSIVE PLAN: CHAPTER 3. HISTORIC PRESERVATION AND CHAPTER 4. HOUSING ELEMENTS. Sharmeen Al-Jaffpresented the staff report on Chapter 3, Historic Preservation. Chairman McDonald asked for clarification of the city's role once a property has been identified as historically significant. Commissioner Papke reiterated that all Chapter 3 does is say the city will make a list of historic sites over the next 10 years. Wendy Biorn with the Carver County Historical Society explained how the Chanhassen Historical Society is being formed to basically address the issue of preserving the old St. Hubert's Church. Chairman McDonald suggested the City use the ordinance and inspections process to help with historic preservation. Kate Aanenson presented the staff report on Chapter 4, Housing Elements and provided background information on the Livable Communities Act. Commissioner Keefe asked for clarification on the benefits of following the Livable Communities Act. Commissioner Papke suggested touring historic sites in the city at the Planning Commission's next work session. No action was taken on this item. The public hearing was continued open. APPROVAL OF MINUTES: Commissioner Dillon noted the verbatim and summary minutes of the Planning Commission meeting dated October 16, 2007 as presented. COMMISSION PRESENTATIONS: None. Chairman McDonald adjourned the meeting at 9:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 5