The URL can be used to link to this page

PC Staff Report 09-02-2014PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the amendment to Conditional Use Permit 1990 -03 / Planning Case 2009 -19, to allow a cell tower to be extended to a height not to exceed 120 feet, as shown in plans dated received August 1, 2014, subject to conditions and adoption of the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting an amendment to Conditional Use Permit 1990- 03/Planning Case 2009 -19, to extend the height of a tower to allow the location of antennas on an existing telecommunication tower. LOCATION: 2290 Lyman Boulevard (Outlot B, Stone Creek First Addition) APPLICANT: American Tower Company OWNER: Merle and Jane Volk PRESENT ZONING: Agricultural Estate District, A -2 6 2020 LAND USE PLAN: Residential — Low Density ACREAGE: DENSITY: Not applicable LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi - judicial decision. PROPOSAL /SUMMARY The applicant is requesting an amendment to Conditional Use Permit 1990- 03/Planning Case 2009 -19 to allow an existing telecommunications tower to be extended to a height not to exceed 120 feet. To the north of the site are single - family homes on property zoned RSF located within the Stone Creek subdivision. To the east are the Twin Cities & Western Railroad Holeeek Nweer I U0 a JW t •i.$ah�haesen High School ."' Planning Commission American Tower Corporation CUP September 2, 2014 Page 2 of 6 and the athletic fields for Chanhassen High School. To the south across Lyman Boulevard is industrial development in the City of Chaska. To the west are farm fields associated with Holasek Nursery. The site contains an existing cell tower that is limited in height to 115 feet. This tower meets all current ordinance requirements pertaining to height, setbacks, landscaping, etc. Section 20- 153 (a) of the City Code defines height as: "The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments." The applicant wishes to add antennas to this tower that will bring the total height (including the antennas) to 118 feet. The Agricultural Estate District allows towers to extend up to 150 feet in height. This request is very reasonable and staff is recommending the height limitation be extended to 120 feet. The existing tower meets all ordinance requirements. APPLICABLE REGUATIONS Chapter 20, Article IV, Conditional Uses Section 20 -572 (2), Permitted Uses in the "A -2" Agricultural Estate District — Antennas 20 -574 (15), Conditional Uses in the "A -2" Agricultural Estate District — Towers Chapter 20, Article XXX, Towers and Antennas Conditional Use Permit #1990 -03 On September 10, 1990, the Chanhassen City Council approved a conditional use permit for a commercial communication transmission tower to support cellular telephone service. The conditions of approval were as follows: Staff will approve the aesthetic design of the tower and building and the building should be consistent with other recently constructed telephone and public utility buildings in the area. Planning Commission American Tower Corporation CUP September 2, 2014 Page 3 of 6 2. Staff will approve and document the tower shape and structure and that its construction will follow that approval. 3. No other radio uses shall be approved without an addendum to the conditional use permit #1990 -03 which will come in before the Planning Commission and City Council. 4. Landscaping shall be installed as part of the approved landscaping plan. A letter of credit guaranteeing improvements will be required before building permits are issued. 5. No lights or signage be placed on the tower or elsewhere on the site. 6. The tower shall be painted a flat color so that it blends in with the background. Recorded on October 5, 1990 as document number 118396. Subdivision #92 -1 On February 22, 1993, the Chanhassen City Council approved the final plat for Stone Creek First Addition, creating Outlot B. The tower was already located on the parcel at the time of platting. Planning Case 2009 -19 On December 14, 2009, the City Council approved Conditional Use Permit 2009 -19, amending Conditional Use Permit 1990 -03, to allow co- location/addition of antennas and radio equipment upon and at the existing telecommunication tower, plans prepared by Advanced Engineering and Science dated 10/23/09, subject to following conditions: 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. Planning Commission American Tower Corporation CUP September 2, 2014 Page 4 of 6 ANALYSIS A building permit is required for the replacement or the addition of antennas on an existing tower. The applicant is requesting to add antennas to an existing tower. The antennas will be located at a height of 118 feet. This tower is limited to 115 feet in height. The zoning district allows towers to extend to a height of 150 feet. This is a fairly minor amendment and staff is recommending approval of the request. The applicant does not propose to expand the existing impervious surface. There is no grading proposed. Since the tower already exists, the City would normally review the proposal through the building permit process. However, due to the height limitation of CUP #1990 -03 /Planning Case 2009 -19, the antenna must be approved through the public hearing process. Staff is proposing that the height be extended to 120 feet to encourage and permit the co- location of antennas on the existing tower. GENERAL CONDITIONAL USE PERMIT The applicant is requesting an amendment to the Conditional Use Permit to permit the co- location of antennas and equipment on the existing tower to be extended to 118 feet. The City's Zoning Ordinance allows telecommunication towers and antennas in Agricultural Estate Districts subject to the approval of a conditional use permit by the City Council. In reviewing conditional use permit requests, the Planning Commission must consider possible adverse affects of the use. The City of Chanhassen finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of wireless telecommunication facilities be controlled. Further, the City finds: 1. Towers and antennas have a direct impact on, and a relationship to, the image of the community; 2. The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community; A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs, and; Planning Commission American Tower Corporation CUP September 2, 2014 Page 5 of 6 4. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. Given that it is the City's goal is to minimize towers, the amendment of the CUP to permit co- location of antennas and equipment is appropriate. C VMLL MICTUiE HEIGHT 1t &_r ASL (PER 06R 0 10222991) A'•tiENI" P� LTE 1 +R.7 ACL. AYIENHA T1�' y 157.9' O�Y AYIENNA T? ''aw AWS ANIEHDU. CENTER 1 *a.D' ArL (5) PROPOSED PANEL ANTENNAS (TYPICAL 2 PER SECTOR) EXISTING ONNI ADTIENIA 4 FRANE BY OTHERS �RSIIE 0 TOWER 995.0' AMSL (9) EXISTING PANEL ANIENW TO REPAIR (TYPICAL 3 PER SECTOR) PROPOSED RR95 -12 REMOTE DS MOUNTED TO TOWER LEO PROPOSED DATRIMON MOLWM TO TOWER LEG EXI51nti 11s' TALL SELF SUPPORT TOWER EXISTING 7 /8" E'dW W04TCU To TOWER PROPOSED ERRU HYBRID LE MOUNTED TO TOWER PROPOSED TOWER ELEVATION ++carwTC xu SCALE: == 20' -0' p 11,r ;U• Planning Commission American Tower Corporation CUP September 2, 2014 Page 6 of 6 COMPLIANCE *May be increased 25 feet for multi - antenna towers. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached Findings of Fact and Recommendation: "The Planning Commission recommends approval of Planning Case 2014 -22 amending Conditional Use Permit #2009 -19 and Conditional Use Permit 1990 -03, to permit the height of the tower to be no higher than 120 feet as shown in plans dated received August 1, 2014, , subject to the following conditions: 1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas, of the Chanhassen City Code. 2. 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." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced copy of Plans. 4. Conditional Use Permit 1990 -03 / Planning Case 2009 -19. 5. Public Hearing Notice Affidavit of Mailing. gAplan\2014 planning cases\2014 -26 2290 lyman blvd. cell tower cup amendmentstaff report .doc Height Setback Code 150* Structureheight American Tower 118 175 feet *May be increased 25 feet for multi - antenna towers. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and adoption of the attached Findings of Fact and Recommendation: "The Planning Commission recommends approval of Planning Case 2014 -22 amending Conditional Use Permit #2009 -19 and Conditional Use Permit 1990 -03, to permit the height of the tower to be no higher than 120 feet as shown in plans dated received August 1, 2014, , subject to the following conditions: 1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas, of the Chanhassen City Code. 2. 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." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced copy of Plans. 4. Conditional Use Permit 1990 -03 / Planning Case 2009 -19. 5. Public Hearing Notice Affidavit of Mailing. gAplan\2014 planning cases\2014 -26 2290 lyman blvd. cell tower cup amendmentstaff report .doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of American Tower and Merle and Jane Volk for an amendment to the existing Conditional Use Permit 1990 -03 / Planning Case 2009 -19 to permit the installation of additional antennas to extend to a height not to exceed 120 feet and upon an existing telecommunication tower. On September 2, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of American Tower and Merle and Jane Volk for an amendment to a conditional use permit to permit a telecommunication tower for the property located at 2290 Lyman Boulevard. The Planning Commission conducted a public hearing on the proposed conditional use 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 Agricultural Estate District, A -2. 2. The property is guided by the Land Use Plan for Residential — Low Density. 3. The legal description of the property is: Outlot B, Stone Creek First Addition. 4. Conditional Use Permits a. The proposed use will not be detrimental to, but may enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed tower will provide a basic utility to the area. b. The proposed use will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed use 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 proposed tower complies with city ordinance requirements. The lower portion of the tower including the equipment will be screened by vegetation and a berm. d. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use 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. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. It will provide a necessary utility. g. The proposed use will not involve uses, activities, processes, materials, equipment and conditions 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 tower should not create conditions that are detrimental to person's property or the general welfare of the community. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for communication towers as provided in zoning ordinance. 5. The Planning Report #2014 -22 dated September 2, 2014, prepared by Sharmeen AI -Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the amendment to the conditional use permit to permit the installation of additional antennas on an existing telecommunications tower to extend to a height not to exceed 120 feet. ADOPTED by the Chanhassen Planning Commission this 2nd day of September 2014. CHANHASSEN PLANNING COMMISSION IM Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT OF MY Planning Division —7700 Market Boulevard 'BUG 01 1G' Mailing Address — P.O. Box 147, Chanhassen, MN 55317 CMUSEN Phone: (952) 227 -1300 / Fax: (952) 227 -1110 1 IMPJ;ANNINSD jet a c�A c� APPLICATION FOR DEVELOPMENT REVIEW �u _l 13 G�,p Date Filed: 4 - I _t4 60-Day Review Deadline: ct —?f CD — I'Y Planner: Sharmeen AI-Saff Case #:c�V 4—alo Section •• • •- apply) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Subdivision ❑ Minor MUSA line for failing on -site sewers ..... $100 ✓❑ Conditional Use Permit ❑ Single - Family Residence . ............................... $325 ❑V All Others .......................... ............................... $425 ❑ Interim Use Permit Create 3 lots or less ......... ❑ In conjunction with Single - Family Residence.. $325 ❑ All Others .......................... ............................... $425 ❑ Rezoning ❑ ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑ All Others .......................... ............................... $500 ❑ Sign Plan Review .................... ............................... $150 Q Site Plan Review ❑ Administrative ................... ............................... $100 Commercial /Industrial Districts * ...................... $500 Plus $10 per 1,000 square feet of building area Include number of existing employees: and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit ❑ Create 3 lots or less ......... ............................... $300 ❑ Create over 3 lots .......................$600 + $15 per lot ❑ Metes & Bounds .........................$300 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ Lot Line Adjustment .......... ............................... $150 ❑ Final Plat * ............................. ...........................$250 ❑ *Requires additional $450 escrow for attorney costs. $100 Escrow will be required for other applications through the $500 development contract. the ❑ Vacation of Easements / Right -of- way ................... $300 ❑✓ (Additional recording fees may apply) $200 ❑ Variance ................................ ............................... $200 ❑ Wetland Alteration Permit ✓❑ Property Owners' List within 500' ........ ❑ Single - Family Residence ............................... $150 ❑ All Others ........................ ............................... $275 ❑ Zoning Appeal ....................... ............................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Section 2: Required (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ADDITIONAL REQUIRED FEES: 06 ❑✓ Notification Sign ..... ............................... $200 TOTAL FEES: $ (City to install and remove) a -" A —f .-S,o ✓❑ Property Owners' List within 500' ........ per address Received from b 5 (City to generate —fee determined at pre - application meeting) ✓❑ Escrow for Recording Documents.. $50 per document Date Received: Check Number: 441 1_7 (CUP /SPRNACNARMAP /Metes & Bounds Subdivision) Section 2: Required Information Project Name: VERIZON WIRELESS MIN HAZELTINE (AWS) SITE MODIFICATION Property Address or Location: 2290 Lyman Boulevard Chanhassen MN 55317 Parcel #: 258110240 Total Acreage: 3_32 Present Zoning: A2 Legal Description: STONE CREEK FIRST ADDITION Wetlands Present? ❑ Yes ® No Requested Zoning: Present Land Use Designation: A2-agricultural district Requested Land Use Designation: Existing Use of Property: Farmland Description of Proposal: Remove and replace (6) existing panel antennas with (6) new panel antennas. Add new ancillary support equipment. 0 Check box if separate narrative is attached SCANNED Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: American Tower Corporation (c/o Jacobs Engineering) Address: 4700 Metro Boulevard, Suite 260 r.ihi /Cfnfa /7in•I /y �Fdlna, MN Email: Contact: Lynda DePoe Phone: (206) 351 -4019 Cell: (206) 351 -4019 Fax: Date: 1 i PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Name: Merle D. and Jane Volk Address: 16925 County road 40 City /State/Zip: Carver, Minnesota 55315 Email: N/A Signature: Contact: Property Owners Phone: (952) 448 -1874 Cell: (612) 710 -6988 Fax: Date: / —cU— 1y 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. 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. PROJECT ENGINEER (if applicable) Name: N/A Contact: Address: Phone: City /State /Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ✓❑ Property Owner Via: ❑ Email ❑✓ Mailed Paper Copy Name: Merle and Jane Volk [Z] Applicant Via: Z Email ❑ Mailed Paper Copy Address: iynda.depoe@jacobs.com ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: SCANNED STATEMENT OF PROPOSED USE AND PROJECT DESCRIPTION American Tower Corporation is applying for an amendment to an existing Conditional Use Permit (CUP #90 -3), and any other administrative review approvals necessary for its existing tower located at 2290 Lyman Boulevard in Chanhassen, MN 55317 for an overall structure height of 118.1' AGL. Specifically, for tower appurtenances (antennas and lightening rod tip heights) which is 3.1 feet greater than the original approved tower height of 115 feet AGL. Verizon Wireless, is the tower subtenant of American Tower Corporation occupying this portion of the tower and they are currently seeking to make improvements to the existing tower in order to improve coverage and capacity for their wireless service quality in the area. This involves removing and replacing (6) existing panel antennas with (6) new panel antennas and ancillary support equipment consistent with the existing antennas which is attached at the centerline of 114 feet AGL with tip heights of 118.1 feet AGL. A professional set of signed and sealed site drawings dated April 17, 2014, included with this application submittal depict the tower with the existing and proposed equipment. Additionally, a structural analysis dated, January 9th, 2014, prepared by American Tower Engineering Services also included with this submittal confirms the additional equipment loading and was determined to capable (passing) of accommodating the proposed equipment loading. CITY OF CHANHASSEN RECEIVED AUG 01 2014 CHANHASSEN PLANNING OFpT SCANNED m aef �e F �9 a 4 CS ; oa NWi W U H N az. z ga; wIM C 9 'a gg J U) > X a o �g a 8 3 H& EL N� <y a Z a y3�y 6 e$ 8$ F RgR}' Q al. . Rz W � J �` O Y2F� .g 3o_m ° 3 a € z z Z w w x w b w „ $ Z Vim' - g O Y'ms tlWe ig3x Z ~ W R Z a N w i n g ❑ R `a Po �, rr n �° MRSNNNM3tlE it Q��a Z ' O Fyrvz spy U _g ug ¢R s gal "a a 4 Q w ,' L O rr 13� 2aia Q �3' 3� 9 a eew 4 q m _n F 4m - U g W, E3 A _ __.®iav raenmv�. ❑5 W §rz§ U w }$$ S�8 o > '9 �__ ! rc ~ -: 2 gunge O w o e C °8m 2 ono F p LM O uj p € & - / x a F �1 N z W w O { $e g gEE g¢ E O Z y @¢s Mai W LU IL app Q ',F wg ?€ H C7 g8 spa 0 s 4 uj G NEV 11 €sl g € 3 �s �sg5 s3 P �_ ag'4 8��5 8 � � 'd pia 3 44. A 2� NJ�� o�F r ;�e� \ o 3:.. W § �x l fill 91111 PHI hifil O w O F, a� Z ai ;� s €aa s N tw 'W:y> Htl 0 o w � z _ w O i r � i Z Z J W d a O � y.; _ - -_ w4 � a - a I yes m Q f 1 � Ql � I Z W Ww ow FYi �N Oo a1 Y i o -- x J Q w Q � W m � K Z W U p W Y Z o W a� O Q O s Q J z Z K O s N �199N�i1 @a�nll9��l�l ■1111 aI1��IIINgNlllm�ml @I il:i�� u��aiedUMma�1 I I lil 1� �19■119N I I 11�119€1� �ne� �� ° ➢8a a 7 '� m OW NJ3all ' � z = y 3: eb oa wrc� m nk 0 14) i1 v J PtlW d ff y z ZN 8 E dtl 0. =a 66i- O w I t 1 \ zY5 Eli _ Z 2 V/ z - 1 (1 L. j O zm_ _w 8� LE M � E Z $ ti €g "' s.cre �W3ox g W a� w 4 o Q _� w S S a / w c7 U W 2 W C 1i G z W H _ 4w— ♦. p U O ZZ of f Z w z wjw W y rn $ 6 � t a .y O j a W . W w (Lj O „ mac' a 011- / i Wcunwt No. OFFICE OF T1iE A 515383 C„°O1R �Nn MINNESOTA Fee: $46.00 Receipt#: Certified Recorded on 2/2212010 at 01 :15 ❑ AM 1q/PM �I11�515383 ■,pJJ .I Cory a , � r. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED AND RESTATED CONDITIONAL USE PERMIT #90 -3 PLANNING CASE #09 -19 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an amended and restated conditional use permit for the following use which replaces Conditional Use Permit 90 -3: A Conditional Use Permit for a 115 -foot tall, telecommunication tower 2- Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Outlot B, Stone Creek First Addition. 3. Conditions. The permit is issued to American Tower Company and Merle and Jane Volk subject to the following conditions: a. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas of the Chanhassen City Code. b. A building permit is required for equipment pad and LP gas storage tank pad. c. A mechanical permit is required for connection (gas piping) of LP storage tank to LP gas generator. d_ The plans must be signed by appropriate design professionals. 8CANNEU e. No signage, advertising or identification of any kind intended tote 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. 4. Severability. In the event any provision of this permit shall be held invalid, illegal, or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 5. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, returned receipt requested, postage prepaid, with property address as indicated below. The City and the Association, by written notice given by one to the other, may designate any address or addresses, to be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen Attn: City Manager 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 To the Applicant: American Tower Attn: Doug Ruwe 21307 Rio Oro Drive Cornelius, NC 28031 To the Owner: Merle and Jane Volk 16925 County Road 40 Carver, MN 55315 6. Reimbursement of Costs. The Applicant shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the applicant. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 5 above. This reimbursement obligation of the applicant under this section shall be a continuing obligation throughout the term of this permit. 7. Termination of Pernut. The City may revoke the permit following a public hearing for violation of the terms of this permit. The City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. 2 8. Lapse. 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. 9. Assignable. This conditional use permit is issued for the particular use and is not personal. The City shall be notified in writing at the address provided in section 5 above of any changes in the leasehold interest or ownership of the underlying property at least thirty (30) days prior to such change. 10. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: December 14, 2009 CITY OF CHANHASSEN BY: l 4 i �* Tom Furlong, Mayor (SEAL) Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) 4- The foregoing instrument was acknowledged before me this l7 day of )ec- M-6 200 `l, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ` 1 \I c 1 NOTARY PUB C DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 > KIM T. MENISSEN Notar W EXP-Minnesota ry1y Commission Expires dsn 31, 205U CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 21, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Cell Tower CUP Amendment— Planning Case 2014 -26 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 sworn to before me this5l54day of ALtzA 1 , 2014. Notary ublic nnrm� ,;r 'q KIM T. MEUWISSEN 3" Notary Public- Minnesota .+ ^-G" My CommIli., Eom Jen 31.2015 C d d 2 00 C N E = E V C �U a' c 0 C C d 1a �a O N Z N N l6 L C 16 Z v C d O7 O C 'y �E V 0 U O 'C C d IQ �a O C Z W R t C R s U c an O E (L> 0 ) tG � RL L E �yUs ° a m R :r 0 > 0 F �d c°c c` ia2m n0 c O c cv Eo 'Y R O r Y . o > MD = M M -O .0 L U U .O rn a> �n m m c E >Z v w E d O d 0 ¢ 0-. 0 0 m c E m y ' o o �v_3y£-O O d LL 0 �> C•0 Q. O G R E - of E n v mfl t p IL d d L O m I-L E E C O � • m c >c `° 0 m y 0 M � 0 Ci E d O d E O O R p U CU d-0 o O u 15 0 O EZ E ia v m> UO a o 0 s y 0> v E Y m U d C d 6 o 0 Eo Ec m � �°svnONd Cie R A C dN 0 - (D O) r E w7 y oLycO mcvE o c 0Q 0 Mn C- 0) d i E �d 0m 0 0 :0 fA p OC d CL C L N d C m L m00m.�« m vc x Ea E m _ R c O I0 C ) v C w E- p0 R d d O0- v E�g nx A v£ `cc� h ? O m CO O R d R N _dy Ld d R N- � > o v o v v c n v v y 3 > m l n N m V E V E n -v o p O 2C ' 7 `L -d O 0 - 0O - _ 0 0 aEnE V c c n '5 N d O 0 m U Z O OlL 0 p Cu j E tOv :x u ay m o m d N E Cry O -O C > dO -OM 'CD a 75 d - Oda _ d0C cL poO avv- a- avL U 1 . L d U E 0 ` N 0 L) - ) d O d d E O O O U a Oi cN rnc - O ` Rv O c.. N O O >w co - q 0 3 O = 3 C N N N .c O a . LvO E N Q -O U 7 0 R t N O C i L d L 0 C _ L ° y yE.. v a m dl 0 (CD E d 7 0 O m . R p £ �t m _ a o u y RE 0 L 0 0 m ._ O 0-5, 0)O)U R V l E 0 0' vnvo v N 0 vo0 U) 0LNN a C C - = d N ~ �(i d v Qs E Z c m yc s v R � E E O O EU , a C @ C3 L d CA acd �E Nm RR - = N a JCu O.0 d r L N 7 0 d R p . T.M 0C O V Ev p0 .. o ¢ cm oc m d aE -O d d '0 � ON) 0_2 =3 lLLw rd 7U dE;w d C ' o` Lc H0- N 0EE Ea v 0 r UK N d a E N L ao � N O R O p a D e a U° m c v « e tv F- U O Q 04 R R O.�NM7 T dNL E >Zado ca n E= ;v t c o OEUQ om EsovO mm moo c E m m e s v i = .V o= 0 E d 5 d y c o o i o~ E« ° rn x a c O d._tznm0 -E '32o�gEdcv- u E C C d mn -� mvdyc m c a°cp c O ,m O ygiaLc _ C O Qd a mN y ornm U Ea Ev n -0R .o yL ~ O N R r c d g^ d C C O d my yc L � oc £ a 'o a �E ' ',6 N Q CL v n EU m 0 3c m w0 a $ r +d d O O' CL O O E h °5antmoccaE n N 0-v 00 Z 5 c2 Q R O O J d • O IL O m n� mNc>'m ¢ m y _j m O O N d Oy .. NN d .°- s 3m cc @ at a m O R Oi :r 7 > ' y FL '02 ° $ a `v ¢c v o o" L w a aN0 Eo 'Y j 0R N c0-n �0 o 0 oOvcyN M M i @ C w O O C „o m E n a amm m o°�m E O)M a 0 R 0 0 O E > ` a o o 0 u o m L E 0 O d LL O OC ? c>aE E v y v -5 ° '`�v °v' m c « d .0 O m E E o vv ° ac 'a c nv m a m 0 M � 0 E d O'- O R N 0 0 d y 0 E m a ° m E Ua o d EEC N U lO O 0 d L0-CL .n E E m C d d x O E « vav U O R y � 7 �d p0 N r d M C L Eo ._ m y c E y E S 10 O y CD d O . 0a) to E R ' I y 3 L a 0 E ^c m] ° O o m y>°n an r a p jO C w -C d CY C d_ d N C 0 p d w o -m E ' nO s a ` S r 0) O uJ ? C E N E N N -CL 'moRd E Od d m d C O yd d O- d ow Ea k vms a m Udjv ?�co vr c g vv N>g ° m 's crn0 O m R a =U => d N iw aEnE nwv c vm v a= @m . = O d ' O = - N -( O U O O C L m « . c v v y v � n c- c E m> n '0 N Q O d R E R E O v$ E y ¢ ° oc d N E d O -6 4) C d V U O d0 ' w ? E c > w o ° CD E L O` > N E U O U d a L c n a= v o O IS o o c y 0 "O dE O R c o E-y m 0n m c c s vO d. 7 0 a d C R C d U o m 0 E ° a m 80 ° p L 0 d d C O ) > R6 0 Cr O p) U m N R 0 a E p •O > d c v "c o S y a- E . " o c o v v y w 5 u' 'a? > o c 0Ec 0 N 0 Cd CwR O v m m Em 0R �3 a a.m �C E - - y3 O a'-' O. V y Na HO0 0 °nm R a R 0) (D d c a c -Mm„L Y ~ °U m 0 = d Q a JR O n d ) C n F -ULL d O O E d Od C E d •5' o¢ my an oed -",Eod m ia 2 v >E c m N v s g r d d E ON) L (2Z MO O r d« ` O v �v @= _ UK O O Q N R 0- �N d L as vcU -E.G n E M V 'yuc nt ,E ORau¢E E�m o`m ydr'm ~Sm e s v i = .V o= 0 E d 5 d dr c ua as E O- ao'E ; o3� y � a o Oa O v TAayc U`LD,cn yraga _ C O 0 � C 0 (D 16 t s m m c ycm sm MC E c �_ 0 O d :O y. Ov% 'M � mn L f°3 y 0. CL N E "EUcg _ m R m'U -.E m J ` LJ J rcmQ nF Sm S dU0U ui¢nm = ° smO m a QF CY0 BRIAN N JOHNSON BRIAN T & SONYA A BENKSTEIN DANIEL J & NANCY R LYNCH 2207 BOULDER RD 2292 BOULDER RD 2255 BOULDER RD CHANHASSEN, MN 55317 -7400 CHANHASSEN, MN 55317 -7400 CHANHASSEN, MN 55317 -7400 DAVID B ZIMMERMAN 2266 BOULDER RD CHANHASSEN, MN 55317 -7400 GARY L FELDICK 2231 BOULDER RD CHANHASSEN, MN 55317 -7400 HOLASEK FARMS LP 8610 GALPIN BLVD CHANHASSEN, MN 55317 -9413 JEFFREY L & GAYLE D SMITH 2279 BOULDER RD CHANHASSEN, MN 55317 -7400 MATTHEW SCHILLERSTROM 2301 BOULDER RD CHANHASSEN, MN 55317 -7401 MICHAEL & JACQUELINE R MROSKO 2305 BOULDER RD CHANHASSEN, MN 55317 -7401 RICHARD J & CHERYL A HARTMAN 2254 BOULDER RD CHANHASSEN, MN 55317 -7400 DAVID HESTER 2199 BOULDER RD CHANHASSEN, MN 55317 -7402 GERHARD & HELENE A SCHOCK 2309 BOULDER RD CHANHASSEN, MN 55317 -7401 IND SCHOOL DIST 112 11 PEAVEY RD CHASKA, MN 55318 -2321 JEFFREY P & SARAH L WENDORF 2291 BOULDER RD CHANHASSEN, MN 55317 -7400 MERLE & JANE VOLK 180 WASHINGTON VALLEY RD BEDMINSTER, NJ 07921 -2120 MICHAEL D & BETTY WRIGHT 2280 BOULDER RD CHANHASSEN, MN 55317 -7400 RORY D & AMY J LEA 2313 BOULDER RD CHANHASSEN, MN 55317 -7401 DENICE JEAN HOUWMAN 2219 BOULDER RD CHANHASSEN, MN 55317 -7400 GERHARD G & SALLIE L BERGESON 2220 BOULDER RD CHANHASSEN, MN 55317 -7400 JAMES M & JENNIFER D LARRANAGA 2318 BOULDER RD CHANHASSEN, MN 55317 -7401 MATTHEW & ROBIN WARDEN 2308 BOULDER RD CHANHASSEN, MN 55317 -7401 MERLE L & ELIZABETH J OELKE 2242 BOULDER RD CHANHASSEN, MN 55317 -7400 RAYMOND E & LORRAINE K RUNYAN 2243 BOULDER RD CHANHASSEN, MN 55317 -7400 SCOTT A HANSON 2267 BOULDER RD CHANHASSEN, MN 55317 -7400 AMERICAN TOWER CORPORATION STEVEN L & JONI L HANSEN TWIN CITIES & WESTERN RAILROAD C/O JACOBS ENGINEERING 2208 BOULDER RD 2925 12TH ST E ATTN: LYNDA DEPOE CHANHASSEN, MN 55317 -7400 GLENCOE, MN 55336 -3368 4700 METRO BLVD STE 260 EDINA, MN 55439