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PC Minutes 09-02-2014Chanhassen Planning Commission – September 2, 2014 PUBLIC HEARING: CELL TOWER CUP AMENDMENT: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT 1990-03 TO EXTEND THE HEIGHT OF AN EXISTING WIRELESS TOWER ON 3.32 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2) AND LOCATED AT 2290 LYMAN BOULEVARD (OUTLOT B, STONE CREEK FIRST ADDITION). APPLICANT: AMERICAN TOWER CORPORATION, PLANNING CASE 2014-26. Generous: Thank you Chairman Aller, commissioners. This, the request is for an amendment to an existing Conditional Use Permit for a communication tower. In 1990 this was originally approved for 115 foot height limitation. The applicant needs to expand their antennas 3 feet above that. This property is located on Galpin Boulevard, just north of the railroad tracks. On the northeast corner of that area. It’s been in place, it was amended in 2009 to add additional equipment at the, and the base level and to co- locate some antennas on there. Their current proposal is to increase the height by approximately 3 feet so they need to go to approximately 118 feet. The site, if you look at from the air it’s actually bermed and screened very well for that lower area. You can’t see it from the houses to the north and it’s hidden behind the building, from Lyman Boulevard so, and the railroad tracks is also a good screen for the property. The existing tower would remain in place. The existing structure on the ground would remain in place. There’s no additions to that. Just some interior equipment. This is the tower and their proposal. As you can see the yellow line represents the existing height limitation for this and as you can see the top of the antennas are above that 115 limit. Our ordinance defines the height as from the ground level to the highest point of the tower, including all antennas and so to accommodate that they needed to amend the CUP for this property. Staff is recommending approval to allow them to go up to 120 feet in height for the antennas. That’s in case there’s some errors in anyone’s math and it gives them a little flex room and so we don’t have to bring it back for just 2 more feet. So with that, and adoption of the attached Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Thank you. Aller: Any questions at this point? Would the applicant like to step forward? Lynda DePoe: Good evening. Aller: Good evening. Lynda DePoe: Commissioners, how are you? I’m Lynda DePoe. I’m representing both the tower owner, American Tower Corporation and the sub-tenant Verizon Wireless and I work for Jacob’s Engineering and Verizon Wireless is our client. Aller: Welcome. Lynda DePoe: Good evening. Aller: So it looks like you built a better mousetrap. Lynda DePoe: You know it’s interesting I think land use at the time when the permit was initially issued, the pertinences were not taken into consideration and so we just sort of had a little bit of a hiccup that’s been brought to our attention now so we certainly would like to see it brought into compliance. Aller: Great. And it looks like you’ve requested just what’s needed. Lynda DePoe: Correct. Aller: And not anymore so thank you. 8 Chanhassen Planning Commission – September 2, 2014 Lynda DePoe: No, thank you. Aller: Too many people ask for bigger and better and not needing it. Lynda DePoe: No. And it’s obviously a co-locatable tower which is an awesome thing. Aanenson: That is a requirement of the City that we try to do the co-location. I’d also say this is one of the older ones in town and at that time it’s the tri-pole. Most of the ones you see now are monopoles so something different. Lynda DePoe: True. Aller: Something unique. Thank you. Lynda DePoe: Thank you. Aller: Any questions of the applicant? We’ll open the public hearing portion of the meeting. Anyone present wishing to speak either for or against the item can do so at this time. Seeing no one come forward we’ll close the public hearing portion of the meeting and discussion. I think it’s pretty straight forward. Hokkanen: Yep. Aller: I’ll entertain a motion. Weick: It’s even straight forward for me. Hokkanen: No questions, come on. Aller: Sounds like Commissioner Weick wants to make a motion. Weick: Sure. 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 and received August 1, 2014, subject to conditions and adoption of the attached Findings of Fact and Recommendation. Aller: Okay I have a motion. Do I have a second? Campion: Second. Aller: Having a motion and a second. Any further discussion? Hearing none we’ll go ahead and vote. Weick moved, Campion seconded that the Chanhassen Planning Commission recommends the City Council approve Planning Case 2014-26 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 and adoption of the attached Findings of Fact and Recommendation: 1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas, of the Chanhassen City Code. 9 Chanhassen Planning Commission – September 2, 2014 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. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Lynda DePoe: Thank you very much. Aller: Thank you. Again for those at home this item is set for final action before the City Council on September 22, 2014 so if you want to follow this item, please feel free to come down and watch the City Council in action or watch it on TV as you’re doing now. With that we’ll go to approval of the minutes. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated August 19, 2014 as submitted. COMMISSION PRESENTIONS: None. ADMINISTRATIVE PRESENTATIONS. Aanenson: In your packet there was no council update because the last council meeting was strictly budget presentations so didn’t have anything there. I did hand out for you the tour that we have next Wednesday so I will also email it to the rest of the commissioners and if you can’t make it let me know or if you’re going to try to catch up with us somewhere along the way. We’ll try to leave by 5:45 because it does get dark and so we’ll meet here at City Hall and we’ll depart from here with a couple of the vans. I thth did include in your packet, we do have besides a tour on the 10, on the 16 we do have 3 items that were in. One is another subdivision. Four lot subdivision. And then we also have another restaurant to review with another pad with that and then we also have a variance request. And we are anticipating two other th projects to come in. Two other commercial projects to come in on October 7 so. Aller: Great, busy time. Aanenson: Yes, very busy time. So that is all I had Chairman. Aller: Thank you. Anything else. Hearing nothing else I’ll entertain a motion to adjourn. Hokkanen moved, Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson, Community Development Director Prepared by Nann Opheim 10