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PC 2009 12 01 CHANHASSEN PLANNING COMMISSION REGULAR MEETING DECEMBER 1, 2009 Chairwoman Larson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad, Denny Laufenburger, and Dan Keefe MEMBERS ABSENT: Tom Doll STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior Planner PUBLIC HEARING: AMERICAN TOWER CORPORATION: REQUEST FOR AN AMENDMENT TO CONDITIONAL USE PERMIT #90-3 TO ALLOW CO-LOCATION/ADDITION ON ITT/FAA ANTENNAS AND RADIO EQIUPMENT AT AN EXISTING TELECOMMUNICATION TOWER ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT A2 AND LOCATED AT 2290 LYMAN BOULEVARD (OUTLOT B, STONE CREEK FIRST ADDITION). APPLICANT: AMERICAN TOWER CORPORATION, PLANNING CASE NO. 09-19. Bob Generous presented the staff report on this item. Larson: Let’s start with Kevin tonight. Dillon: You know I don’t have any questions. Larson: Okay, Kathleen. Thomas: I don’t either. Larson: Dan. Keefe: Just one quick one. Is there a limit to what they can put on these towers? I mean can they just you know continue to add on and they can get, you know by code do we sort of limit that at all? Generous: We don’t limit the number. It’s just that they can’t interfere with each other and they need some separation. So and also a lot of these are line of sight so if they get too low they’re not useful to anyone. Keefe: Okay. I mean what looks here doesn’t you know, seem to be any more. My question is can get they really kind of crazy? Planning Commission Meeting – December 1, 2009 Aanenson: Well I think the biggest issue that we typically find is that when they’re on the ground, as a picture that Mr. Generous showed, is that that’s very well screened but that’s sometimes when we get some of the complaints is where there’s a lot of visual on the ground also but this is fairly well screened on the ground so it, again we felt like the impact, even if adding another one would be pretty minimal. And this is one of the taller ones we have in the city. Keefe: Yeah, okay. Looks like a warehouse in the background. Larson: Is that all you have? Keefe: That’s all I have. Larson: How about you Denny? Laufenburger: I have two. Who’s the owner of the property itself? The property on which this land, this structure. Generous: Merle Volk. Laufenburger: Okay. And just I’m sure there’s a logical reason for this. Under the condition back on, in 1990, condition 3. Let me just read it Bob. No other radio uses shall be approved without an addendum to the conditional use permit which will come in before the Planning Commission. What’s the logic behind, I mean is there any logic behind which we would not allow a certain amount of radio wave to be on this antenna for the safety and wellbeing of the local citizens or just give me some, help me understand that a little bit Bob. Generous: Well actually we’re pre-empted from most of the, our review of these antennas or telecommunication antennas on that. We do look at how safety issues. We haven’t had a problem with electromagnetic waves from these antennas. I should point out that we did have one resident to the north of it called and said she was opposed to the amendment, but other than that we haven’t had any problems or interference with any radio signals due to this facility. I wonder, the applicant may have additional comments on that. Aanenson: I would just add too. Prior, this was put in place prior to the City adopting an ordinance and that ordinance that we have is a model ordinance that’s applied with the new, as Bob indicated, the regulations, so it does take into consideration some of those things that you talked about. The frequency. The reason this was put in place for it to have to come back, there was no standards in place. The City didn’t really have them and now they’re effective statewide, federal standards as far as those types of regulations. Laufenburger: You mentioned that one resident opposed. Was there a reason given to why they were opposed to this? Generous: They just said it was an unsightly tower. 2 Planning Commission Meeting – December 1, 2009 Laufenburger: Okay. Generous: I told her that even if you denied this amendment they would still keep the tower and the antennas on it so you’re not voiding. Larson: Can we do like they do in California and turn them into like pine trees and palm trees. Have you seen those? Aanenson: Well yeah, we’ve looked at those in some other locations. Actually some of the mono poles that we’ve done, this is really one of the few ones that’s, most of the ones we do now are the mono poles where they must. Laufenburger: Single, yeah. Aanenson: Correct. Laufenburger: Like the one at Halla Nursery, down in that area? Aanenson: Correct. Again the discretion we have on those and now spelled out in the model ordinance that the government has spelled out that we can, can and cannot regulate but this again is the older type model so it’s a little bit different. It’s, obviously the bulk makes it, the appearance less attractive. Laufenburger: Okay. Then one last question. Bob you used the term we are pre-empted from regulating or from reviewing this. What did you mean by that? Generous: Well not from reviewing it per se but the federal government has stated that the local governments, must approve it if it complies with their communication acts. Laufenburger: Okay. Alright. Thank you Chairman. Larson: Nothing? And I have nothing also. So at this time have we got an applicant? Christopher Flick: Good evening ladies and gentlemen. My name is Christopher Flick. I am with American Tower Corporation. I’m representing, I work with American Tower. We are the owners of the actual tower itself and own lease rights to the property. We are working with ITT and the FAA to provide an ADS-B system. The ADS-B system is an automatic dependent surveillance and broadcast system. Basically it’s designed to monitor lower flying planes throughout the United States. This is a national program instituted by the FAA in order to provide a greater and more enhanced aspect, like radar of lower flying aircraft. Helicopter aircraft. Larson: So do they dial into that? Christopher Flick: It’s, yes. Basically. It runs through a high speed network. Without being you know an engineer myself all I can say for sure is that the system is designed to help prevent 3 Planning Commission Meeting – December 1, 2009 the, as Bob had mentioned, line of sight works basically the same thing with this type of system as it does with regular RF for your cell phone. The radars on the ground that the airports use and they’re spotted around the country, can only see a certain distance to the horizon. This system will provide a closer to the ground view of air traffic so the idea is to see more of what’s going on over our heads rather than guessing up to a certain height. The tower itself is a lattice tower and to speak to the councilman’s question about the tower itself. There are structural requirements. They can’t just keep on, you know it’s my tower so we can’t just keep on throwing stuff up there. There’s a certain tolerance and the only way to do the structural calculations and decide whether or not somebody can go on the tower is to have an engineering firm do those calculations. Weigh sale space which is the amount of space that the air hits the appertances on the tower. The weight of the coax. The weight of the antenna. It’s a very detailed formula that’s done prior to an application coming to the board so that would actually prevent the… Aanenson: That’s the same process we would use if we were going to lease out one of our city towers. We’d do the same exercise. And I just want to comment a little bit about the surveillance. If you look at the National Weather Service, some of the things that they do, they also do aeronautics there and they also shoot up the gamma rays for the weather service to check weather service so we do have that already in town already. That same type of technology. Larson: Okay, got any questions? No? No? Nor do I. Thank you very much. Christopher Flick: Thank you for the board’s time. Larson: At this time I will open the public hearing. If anybody wants to come up here. Seeing that nobody’s here, we will not close the public hearing and discuss it amongst ourselves. Undestad: Looks fine with me. Laufenburger: Good to go. Keefe: I’m good. Thomas: Me too. Dillon: I’m good, plus there’s a lack of public outcry and opposition to this so you know, it doesn’t seem like any of the neighbors. Larson: Aren’t here tonight. I’m good for it too so with that I will entertain a motion. Undestad: I’ll make a motion. The Planning Commission recommends approval of Conditional Use Permit #09-19 amending Conditional Use Permit #90-03 to permit co-location and addition of antennas and equipment upon and at the existing telecommunication tower plans prepared by Advanced Engineering and Sciences dated 10/23/09, subject to conditions 1 through 5. Larson: Have we got a second? 4 Planning Commission Meeting – December 1, 2009 Laufenburger: Second. Undestad moved, Laufenburger seconded that the Planning Commission recommends the City Council approve Conditional Use Permit #09-19, amending the Conditional Use Permit #90-03 to allow co-location/addition of antennas and radio equipment upon and at the existing telecommunications tower, plans prepared by Advanced Engineering and Science dated 10/23/09, subject to the following conditions and adoption of the attached Findings of Fact and recommendations: 1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas, of the Chanhassen City Code. 2. A building permit is required for equipment pad and LP gas storage tank pad. 3. A mechanical permit is required for connection (gas piping) of LP storage tank to LP gas generator. 4. The plans must be signed by appropriate design professionals. 5. 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. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES:Commissioner Thomas noted the verbatim and summary minutes of the Planning Commission meeting dated November 17, 2009, amended by Chairwoman Larson to change the word “storm” to “store” on page 11, paragraph 8. COMMISSION PRESENTATIONS. None. CITY COUNCIL ACTION UPDATE. Aanenson: I’ll just give council updates before we go to the work session portion of it. At the rd last City Council meeting, which was November 23, the City Council did table the Gleason variance and encouraged the owner of the property, working with Lennar to try to resolve the hard surface coverage so they did table that. They did approve the City Code amendments. Just as the Planning Commission did. And then they also approved preliminary plat for the transit th station. It will be going back for final plat here on the 14 of December so that should be, and I’ll just segue into kind of what’s coming up on the next agenda. We did put the schedule together for the year, including some work session dates and then a couple meetings where we’ve tried not to conflict with National Night Out. Then in the fall no meeting on the election night. We do have a couple projects that we will be having coming in. We’ve identified those potential or commercial one. We talked about the park and ride. You’ve seen that but that’ll be 5 Planning Commission Meeting – December 1, 2009 coming through. We also do have a couple residential projects that will be coming in. Anticipate one coming in this Friday so you’ll see that in your first meeting in January. That’s that Lakeside PUD which was, just on the other side of the park and ride, down off of Lyman Boulevard. So we’ll have to amend that PUD. Then we’re going to do some of the commercial ones which I’ll segue to here in a minute when we move into the work session. If you want to adjourn then we can just kind of move into the work session part, unless you have any questions. Chairwoman Larson adjourned the Planning Commission meeting at 7:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 6