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HomeMy WebLinkAbout09/14/2010Andover Planning and Zoning Commission Meeting Agenda September 14, 2010 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —June 8, 2010 and August 24, 2010 PUBLIC HEARING: Conditional Use Permit (10 -08) to consider telecommunications tower within Andover Station North. 4. Other Business 5. Adjournment C I T Y O F OV. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - June 8, 2010 and August 24, 2010 DATE: September 14, 2010 Request The Planning and Zoning Commission is asked to approve the minutes from the June 8, 2010 and August 24, 2010 meetings. P PLANNING AND ZONING COMMISSION MEETING —JUNE 812010 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Holthus on June 8, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OF MINUTES. May 11, 2010 Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, and Devon Walton. Chairperson Dean Daninger, Commissioners Michael Casey, and Tim Kirchoff City Planner, Courtney Bednarz Others Motion by Walton, seconded by Cleveland, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote. PUBLIC HEARING: CONDITIONAL USE PERMITAMENDMENT (10 -7) TO CONSIDER EXPANSION OF THE GREAT RIVER ENER G YICONNEXUS ENERGY SUBSTATION LOCATED AT 1635 AND 1657 B UNKER LAKE BOULEVARD. Mr. Bednarz summarized the staff report. Motion by Cleveland, seconded by Walton, to open the public hearing at 7:10 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote. Mr. Bob Larock, 13783 Ibis Street, stated he did not understand what the new addition was to the substation, he wondered what it was for and what it will do. He wondered if the changes would cause electrical interference to his business. He stated he has concerns if the changes will affect his business. Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 2 Mr. Louis Rudnicki, owner of North Point Plaza, stated he wanted to make sure they do not add any additional electrical interference to the businesses in his building also. He stated he had some concerns about the changes to the grading and entrance. He recommended installing additional curb and gutter for an additional twenty -five to fifty feet so they would not have to worry about undermining of the existing curb and gutter at the end. Commissioner Holthus noted Great River Energy and Connexus Energy would like to file for a variance and not put curb and gutter in because according to the information they received the utility companies have large equipment and curb and gutter would not allow them to maneuver some of their equipment into the area. Mr. Rudnicki indicated he would still ask that curb and gutter be installed at least ten feet to divert the drainage in a controlled fashion onto their property. Mr. Rudnicki asked who was responsible for plowing the road into the property. He also wondered what kind of landscaping will be planted to screen the equipment. Mr. Bednarz explained 138th Avenue is a public street. The City plows the street and has an interest in making sure the curb and the rest of the improvement there are maintained. If this item is approved they will go through a commercial site plan process. He stated plowing will continue as it has been in the past, up to the property line and snow storage will continue where it has been and then beyond that point it will be a private driveway and the applicant will be responsible for the maintenance. Mr. Rick Heuring, Great River Energy, explained what the project entailed. He stated there are no issues with medical devices in and around the equipment as long as they are not inside the fenced area. He noted there is a pedestrian walkway in very close proximity of the substation and a lot of studies have and continue to be done regarding this. He stated there should not be an issue and no electrical interference should be caused to the surrounding businesses. Mr. Heuring stated in regard to drainage along with getting the City approval they will also need to get approval from Coon Creek Watershed District which they have not begun yet. He stated 1381h currently flows easterly and will continue to flow easterly. He reviewed some of the landscaping they plan to do to improve the site. Mr. Mike Felber, Connexus Energy Manager, stated the distribution substation they are proposing is an addition that will be located to the north side of the substation. He stated they need to add capacity to this site. He reviewed the proposed expansion with the Council and residents. It was noted that cell phone usage would not be affected by the project. Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 3 Mr. Greg Schutte, Great River Energy, explained the fence slat on the south portion where Connexus portion of the sub is actually a one inch mesh fence slat which is a tighter slat they have around the existing Great River Energy portion of the fence, there's is a two inch slat. He stated they are currently working with the manufacturing company but from what they have been told they do not have anything for the tighter mesh fencing and that is part of the reason why they went towards the landscaping plan around the southern portion to help screen it. Mr. Rudnicki stated he did not realize they were going to gate the front entrance to it and perhaps a good solution to all the issues around that would be to install some sort of a cul -de -sac with curb and gutter and then have the gate go off the end of that and it would give the City staff the ability to go all the way around and continue back west on 138`x' and would resolve those issues. He stated it was not the voltage that causes the electromagnetic interference in the surrounding area it is the current going through those wires that creates those magnetic fields and creates that interference so if they are increasing the current then there will be a larger magnetic field and interference. He stated he was in support of this project and he thought this was wise for the growing community. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:41 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote. Commissioner Cleveland asked how large is the expansion going to be. Mr. Felber stated the fence expansion is 57x120 to accommodate vehicle movement around the equipment. Commissioner Gudmundson asked if the question and concern about interference could be addressed. Mr. Heuring explained how the electromagnetic interference works. He stated the greatest magnetic field would be directly under the wire and the further away you are the less the magnetic field would be. He stated the addition of their project and the modifications to their substation is essentially negligible in terms of the amount of current that will be increasing. Commissioner Gudmundson asked what other colors would they consider using for the slats in the fence. She also thought they will struggle to keep plants and grass alive without some type of irrigation. Mr. Heuring stated he drove by the site today and the plantings they put in last year, like the arborvitae is not doing well and he suspected that was due more to salt than anything else but some of the others seem to be doing quite well. He thought they needed to learn and figure out what types of species will do well at this site. Commissioner Gudmundson asked who would take care of the grass area. Mr. Heuring stated they currently mow the area within the fence to keep the area clean. Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 4 Commissioner Cleveland asked what the color options are for the fence slats. Mr. Schute stated there are examples in the packet that show what the manufacture has and they will use whatever the City recommends. Commissioner Holthus stated since this is probably one of the busiest corners in Andover and makes a "Welcome to Andover" statement, she thought this site could be made a lot more attractive. She stated she would like to see a brick or block wall with a texture on the outside to make it look aesthetically more pleasing. She would like them to consider putting up something of a stronger screening and a better looking screening than slats and a chain link fence. Mr. Heuring stated they are certainly aware of this concern and that a solid wall like that would screen more effectively but the issue that keeps coming back is the road right of way is at the fence line and using today's standards, their facility would not be built the way it exists today. The fence would be further away from their equipment. If they could move the fence there they would. They have had several discussions with the County Highway people and were told they could not do anything in their road right -of- way. He stated the slates are the only reasonable thing they could do to screen the site. Commissioner Holthus stated she would like to see this motion include a recommendation to the City Council to include a brick wall because she knew this could be done and has seen it done elsewhere. Mr. Schulte stated this is something they looked at quite a bit and due to the right -of -way issue, in order for them to build a brick wall along Hanson Boulevard, even if they were to build it on the right -of -way line, the foundation that needs to be built beneath that wall to withstand their wind loading and criteria for that substation would encroach on the County and the width to the nearest foundation of their large 230kw structure would cause a significant issue with their existing substation. The Commission discussed with the applicant landscaping, irrigation, security and screening. Motion by Cleveland, seconded by Gudmundson, to recommend to the City Council approval of Resolution No. , including the variance noted to curb and gutter and irrigation on the south side of the site. Motion carried on a 3 -ayes, 1 -nays (Holthus), 3- absent (Casey, Daninger, Kirchoff) vote. Commissioner Holthus stated she voted against this because she felt there needed to be better screening which would consist of a wall. Mr. Bednarz stated that this item would be before the Council at the June 15, 2010 City Council meeting. I Regular Andover Planning and Zoning Commission Meeting Minutes —June 8, 2010 Page 5 OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Cleveland, seconded by Walton, to adjourn the meeting at 8:05 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Casey, Daninger, Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. PLANNING AND ZONING COMMISSION MEETING — AUGUST 24, 2010 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 24, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Lynae Gudmundson, Valerie Holthus, and Tim Kirchoff. Commissioners absent: Commissioners Dennis Cleveland and Devon Walton. Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES - JUNE 8, 2010, AND JULY 13, 2010. June 8, 2010 Chairperson Daninger stated that the Commission did not have a quorum present to approve the June 8, 2010 minutes. Motion by Holthus, seconded by Casey, to table approval of the June 8, 2010, minutes. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. July 13, 2010 Motion by Kirchoff, seconded by Casey, to approve the July 13, 2010, minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (10 -09) TO CONSIDER PARKING EXPANSION FOR 7TH DAYADVENTIST CHURCHAT 15036 ROUND LAKE BOULEVARD AND 3200152ND LANE NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing on the request of the 7t" Day Adventist Church to expand their parking area onto an adjacent lot to the north that was recently combined with the church property. He pointed out that City Code 12 -14 -6 requires the existing conditional use permit (CUP) to be amended to allow the requested expansion. Regular Andover Planning and Zoning Commission Meeting Minutes —August 24, 2010 Page 2 Chairperson Daninger asked if the location of the new well needs to be disclosed by the church. He also asked staff to confirm that an alternate location for the trash enclosure will be determined. Mr. Bednarz stated that the church will be required to get a separate permit for the new well; the new well is not part of this CUP approval. He also confirmed that staff will work with the church on the location of the trash enclosure. Chairperson Daninger asked if there are turning lanes at this location. Mr. Bednarz replied there is not a formalized turn lane into the church. He stated that the church will be required to obtain a permit from the Anoka County Highway Department to work in the County's right -of -way and the County will have the opportunity to require any roadway improvements they feel are necessary as a part of that permit process. Commissioner Gudmundson stated that there will now be only one driveway into the property and asked if there is a concern with traffic backing up on Round Lake Boulevard. Mr. Bednarz indicated there will likely be more of an issue with traffic getting out of the parking lot. He noted that from a traffic safety perspective, one access point is safer than multiple access points. Chairperson Daninger stated that an email was received today from Mary Butte, 3240 152 "d Lane NW, expressing some concerns regarding the proposed parking lot expansion. He noted that staff has discussed the lighting, noise, building expansion, and traffic safety as noted in Ms. Butte's email and her email will be made part of the public record. Mr. Bednarz indicated that staff will work with the church on the lighting. He stated that the church currently meets on Saturdays and staff does not believe that noise will be a nuisance. He noted that Ms. Butte asked if the church will be required to have a police officer to direct traffic during busy times; given the free flow of traffic on Round Lake Boulevard, the County would not be in favor of that since it is not feasible to stop traffic on Round Lake Boulevard. He added that the concrete pad planned as part of the building expansion will not impact the septic system. Motion by Casey, seconded by Holthus, to open the public hearing at 7:17 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. Bruce Scharmer, 3201 152 "d Lane NW, expressed concern about the church's ability to pay for this project and assumes that the church is well prepared to complete the project. He stated that since the covenants have now been removed, any future development, such as a school, will impact his neighborhood and he does not want to see his property taxes raised. Regular Andover Planning and Zoning Commission Meeting Minutes — August 24, 2010 Page 3 Martin Pease, 3300 152nd Lane NW, stated that it is difficult to make a left hand turn on 152nd Lane and there have been numerous accidents at this location. He added the traffic has gotten worse over the years and he did not feel traffic will get any better without some type of turn lane put in there. He asked if the church intends to have the lights on in the parking lot all the time. He also asked if the drainage plan is sufficient so that ponding does not become an issue. Chairperson Daninger stated that ponding concerns are very common and noted that whatever happens on a particular property cannot impact a neighboring property or the lake. He added that it will also be important to make sure the lighting does not impact the surrounding area. He stated that the County is responsible for reviewing the traffic from a safety perspective and staff will work closely with the County on this. He pointed out that the resolution requires the church to obtain the necessary permit from the County Highway Department before work commences. Mr. Pease stated that he was not too impressed with the traffic control put in by the County two years ago and hoped that the County will look at it and make sure this will be safe. He indicated that right now, residents on the east side of the street have to come up and make a U -turn at the corner in front of the auxiliary buildings. He noted that the church parking lot is 200 feet south of where they are turning for 152,d Lane, which is a very short distance. Jay Johnson, general contractor for the church, stated that the church intends to have the lights on only when there is an event, so there will be minimal lighting. He advised that the County has received a copy of the plans and once the plans are finalized, they will apply for a permit. He stated that the County has indicated it is pleased that the church will now have only one access point and the County was satisfied that there are no turn lanes. He explained that the church is trying to save a twenty inch oak tree and that is the reason for placing the trash enclosure in the southeast comer of the property. He stated that he anticipates the project will take approximately 60 days to complete and they hope to complete work by December 1St Chairperson Daninger noted that staff will work with the church to find a better location for the trash enclosure. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:35 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. Commissioner Gudmundson stated she was in favor of moving the dumpster to a more suitable location. She indicated that aesthetically, the project will be a big improvement. She asked if the City can ask the County to address all traffic and safety concerns raised. Regular Andover Planning and Zoning Commission Meeting Minutes — August 24, 2010 Page 4 Chairperson Daninger noted that the resolution requires that the church obtain the necessary permit from the Anoka County Highway Department to complete this project and that will result in the County addressing any traffic concerns. Mr. Bednarz stated that the County will look at the access points and the level of traffic in and out of the church and make a determination on what improvements are necessary. Motion by Kirchoff, seconded by Casey, to recommend to the City Council approval of Resolution No. _ approving the conditional use permit request for parking expansion for 7"' Day Adventist Church located at 15036 Round Lake Boulevard and 3200 152 "d Lane NW. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the September 7, 2010 City Council meeting. OTHER B USINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Casey, seconded by Holthus, to adjourn the meeting at 7:41 p.m. Motion carried on a 5 -ayes, 0 -nays, 2- absent (Cleveland, Walton) vote. Respectfully Submitted, Barbara Hughes, Recording Secretary Timesaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners I FROM: Courtney Bednarz, City Planneri SUBJECT: PUBLIC HEARING: Conditional Use Permit (10 -08) to consider telecommunications tower within Andover Station North DATE: September 14, 2010 INTRODUCTION Clear Wireless has applied for a conditional use permit to locate a wireless internet tower and antenna array in Andover Station North between the easterly and central ballfields. DISCUSSION The city previously approved a similar installation at the same location for Verizon Wireless in 2009. More than a year has passed since that approval and Verizon has indicated that they have no intention of moving forward on this site. The Council revoked the conditional use permit previously approved for Verizon Wireless at the September 7t` Council meeting. The current proposal is also to remove and replace an existing 75 foot tall ball field light pole with a 120 foot tall stealth tower. The installation will support the ball field light, a cellular antenna array for Clear Wireless inside the tower itself as well as provide additional capacity for future antennas. The new antenna will require a cabinet and a small transformer to be placed on the ground. The attached photographs and plan set illustrate the proposal. Review Criteria 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Additionally, City Code 9 -12 provides more specific requirements for antennas and towers. The proposal meets the height, location, design, setback and collocation requirements of City Code 9- 12. A building permit will be required for the foundation of the new pole and cabinet. Location Factors The selection of the proposed location for the previous and current proposal was driven by several factors. These factors include the following: • The coverage area desired by Clear Wireless • Locating the antenna as far as possible from surrounding residential properties. • Avoiding conflicts with the use of the ballfield complex • Providing an area that would be accessible to vehicles • Avoiding the 200 foot setback from the closed landfill Coverage Area The attached maps show the coverage area with and without the proposed installation. The applicant has also provided the attached letter to address the reconfiguration that now allows this site to provide the coverage desired by Clear Wireless. Access The applicant is proposing to construct a 12 foot wide paved access to the installation. The cost of construction and maintenance will be the responsibility of Clear Wireless. Some grading will be necessary to achieve positive drainage away from the access road and installation. A condition of approval identifies that Clear Wireless will be responsible for restoration of disturbed areas and any modifications to the existing irrigation system. . Ballfleld Lighting A condition of approval requires the applicant to ensure that the ballfield lighting is replaced to meet the lighting requirements for this type of ballfield. Screening and Landscaping The previous proposal included a prefabricated building enclosed within a fence with slats.. As with the other Clear Wireless proposals, the applicant has indicated that a fence is not needed for their installation. While no fencing or landscaping is included in the proposal, Clear Wireless has indicated that they would be willing to provide any additional improvements requested by the city that do not adversely affect access to the cabinet and tower. A `Potential Landscaping /Fencing Graphic' is attached to provide options if the Commission would like to see landscaping around the installation. Please keep in mind that if additional antennas are added in the future, additional ground mounted equipment will also be necessary and may cause adjustments to any landscaping installed for this proposal. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation to the City Council on the conditional use permit request, including any preferences for improvements around the tower installation. Resp ct 1 ubmi d, o Bednarz Attachments Resolution Location Map Applicants Letter Letter from Applicant's Engineer Letter Addressing Coverage Area Coverage Area Maps (2) Photo Simulations (2) Potential Landscaping/Fencing Graphic Plan Set Cc: David Hagen 10715 39th Avenue North Plymouth, MN 55441 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A 120 FOOT TALL TELECOMMUNICATIONS TOWER AND ANTENNA ARRAY FOR CLEAR WIRELESS ON PROPERTY LEGALLY DESCRIBED AS LOT 3, BLOCK 1, ANDOVER STATION NORTH, ANOKA COUNTY, MINNESOTA. WHEREAS, Clear Wireless has requested a conditional use permit to install a Telecommunications tower and antenna array on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover and recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunications tower and antenna array, subject to the following conditions: 1) Clear Wireless shall execute a lease agreement with the City of Andover prior to commencing construction on the site. 2) The project shall conform to the plan set stamped received by the City of Andover August 27, 2010, except as follows: a. The applicant shall comply with the comments in the Engineering Department memorandum dated September 7, 2010. 3) Clear Wireless shall be responsible to replace the lighting array to conform with ball field lighting standards at an equal or better standard than presently exists. 4) Clear Wireless shall be responsible for restoration of any areas disturbed during construction, including irrigation, to an equal or better standard than presently exists. 5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this _ day of 2010 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor �-. r:C�y � t 3 / � i 71' •F'�'� cad L '+�� tb c zo I'� •�'t` ' � Y,,25 I: ! r YA ". t t s - s} f !a F �1 •• '4 r E r "t.� ' '' 11 it = 3'•• '/ gr WEI I j5.�r f4 ..� S t u ,• � t :� ; ~ i l r e C 1 t {r °�Y,�e, Y r ,! �`' � �••• I t 2 k " � Ira 'ppT�n: p�j" m. .� r �. F•.: � I � 'I 1 �,L, •• � _,mar � x �" �- 'r'q SG '.. 1: t t n^ � 1� y Cw• = rS` m— �_ 1A Y 5` a+ f 4 g t F � - { - z P**���23�2�4t�U�n�ive`rsity � UL CONSULTING, INC. Avenue West, Suite 200 Site Acquisition Sain Paul, Minnesota 55114 -1854 Permitting Est. 1991 (651) 225 -0792 Fax (651) 225 -0795 July 17, 2010 RECEIVED Andover City Council and Planning Commission City of Andover 1685 Crosstown Boulevard NW JUL 19 2010 Andover, MN 55304 -2612 i RE: Clear Wireless LLC Applications for Conditional Use Permit C17Y OF ANDOVER To Construct Antenna Towers in Bunker Hills Park Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC (Clearwire) is applying for a conditional use permit to construct an antenna tower at the Andover Station ballfields ( #MN- MSP305) in Andover and to locate ground equipment adjacent to the base of the tower. Enclosed are the following: 1. An application form for the site signed by me as agent for Clear Wireless; 2. A set of plans for the site consisting of small and large scale site plans and north, east, south and west elevation plans; 3. Photographs of the location proposed for the tower with the tower, antennas and ground equipment simulated on them; 4. A letter from Clear Wireless Radio Frequency Engineer Arif Qureshi addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two maps attached to the letter model service coverage without and with the proposed site; 5. A letter from Clear Wireless Project Manager John Thielen indicating that Clear Wireless will allow collocation on the proposed tower; and 6. A map showing the original search area centers and' /2 mile radii in the City of Andover Clear Wireless is a high speed broadband internet provider based in Kirkland, Washington that has launched service in numerous major and minor metropolitan areas in the country. The service is intended to serve the in- building residential and small commercial market and as a result a dense pattern of sites spaced somewhat more than one mile apart is required. Clear Wireless's standard antenna configuration consists of three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The area surrounding the antenna site is, for coverage purposes, divided into three equal sectors and panel antennas are oriented at the middle of these sectors. A small radio and a dish antenna that "network" or tie the sites together are located next to the panel antennas. At the request of the City, Clear Wireless is using a stealth antenna design with the antennas housed within the circumference of the tower structure. Base station equipment (43 "H x 47 "W x 30 "D) is located next to the base of the towers. Page 2- July 17, 2010 Letter to Andover City Council and Planning Commission Andover City Code Title 9, Chapter 12, Section 9- 12- 6:A.3. requires that the City Council find that an the antenna tower cannot be accommodated on an existing approved tower or building. In this case there are no exiting or approved towers or buildings to accommodate the planned antennas at the height required to function reasonably. Andover City Code Title 9, Chapter 12, Section 9- 12 -6:B. requires that towers be designed to allow for future arrangement of antennas at varying heights. The ordinance requires, and the plans indicate, that each of these towers will accommodate three users in addition to Clear Wireless's antennas. Andover City Code Title 9, Chapter 12, Section 9- 12 -8:8. requires that towers be set back from all property lines a distance equal to the height of the tower plus an additional ten feet, unless a certification is provided that collapse of the tower will occur within a lesser distance under all foreseeable circumstances. The proposed tower is setback at least their height plus ten feet from abutting property lines. Andover City Code Title 9, Chapter 12, Section 9- 12 -9:C. La., b., and c. require a description of the tower height, and design including cross sections and elevations, a description of the tower's capacity, including the number and type of antennas that can be accommodated and documentation of the mounting heights for collocated antennas and separations distances between antennas. The plan sets include cross sections and elevations, as well as the type of antennas that can be accommodated and documentation of mounting heights and separations between collocated antennas. Engineer- stamped plans will be submitted to the City of Andover with the building permit application as required by Andover City Code Title 9, Chapter 12, Section 9- 12 -9:C. Ld. A check in the amount of $430 is enclosed with this application. Clear Wireless' conditional use permit for a tower in Andover Lions Park was denied and as a result the $100 application fee for recording the resolution was not used. We request that the City of Andover use this $100 to pay for the cost of recording the conditional use permit granted pursuant to this request. Our understanding is that the Planning Commission will consider this conditional use permit request at their meeting on August 10, 2010. Please contact me if you have need for additional information. Thank you. Sincerely, lVtInsulting, y3� David Hagen, Buell Inc. Agent for Clear Wireless LLC c l e a r 4400 Carp A Point PHONE: 425 ONLINE: Kirkland, WA 98033 ( 425 216 760D ' 425 216 790D www.clearwire.com RECEIVED July 6, 2010 JUL 19 2010 City of Andover 1685 Crosstown Boulevard Andover, MN 55304 CITY OF ANDOVER Re: Clear Wireless LLC Assurances to Support Conditional Use Permit Applications for Tower In Andover Station Dear City of Andover: This letter addresses certain requirements of the City of Andover relating to Antennas and Towers as set forth in Andover City Code Title 9, Chapter 12 as follows: 1. Public Safety Telecommunications Interference Avoidance- Clear Wireless LLC is licensed to operate in certain frequencies. These frequencies are different than the frequencies used for public safety telecommunications. Clear Wireless intends to avoid interfering with public safety telecommunications by operating within its assigned frequencies. Clear Wireless will respond promptly to reports of interference. 2. Service Coverage in the City of Andover Attached are maps of modeled service coverage for the City of Andover. Map 1 shows coverage in the City without this proposed site and Map 2 shows coverage in the City with this proposed site. Blue areas have coverage and green and red areas do not have coverage. 3. FCC Emission Standard Compliance All antenna sites proposed by Clear Wireless in the City of Andover, including this one in Andover Station will comply with emission standards set by the Federal Communications Commission. Clear Wireless is prepared to measure emissions from the sites after they are activated at the request of the City of Andover. Please contact me at 612 -998 -6612 or arifgureshi clearwire.com if you have any questions about this letter. Arif Qureshi I RF Engineering Minneapolis I m: 612 - 998 -6612 I arif. uresht(cr�,clearwire.com ClearW °re wireless broadband Bremer Bank Building 8800 Hwy 7, Suite 203 St Louis Park, MN 55426 HIGH SPEED INTERNET MADE SIMPLE. WAY SIMPLE. i r C l e a r ����' ® . K4400 irkland, Point 98033 August 16, 2010 City of Andover Council and Planning Commission: Dear City Council and Planning Commission: PHONE: FAX: ONLINE: 425 216 7600 I 4 1 www.cLearMre.com City staff has questioned how it is that the Andover Station site (CW MN- MSP0305e) will work as part of Clear Wireless' high speed broadband internet service now; whereas I had indicated that it would not work earlier this year. Also staff has questioned why this site will work when it is some distance from the original search area centers that were issued last July. This letter will address these questions. When the City was offering this candidate ( "e ") before, my understanding is that it was Great River Energy tower (Candidate C), only 95' tall; or sites close to that tower. We are proposing 120' with candidate "e". With higher RAD center it will be better. A site in Bunker Hill Park (Candidate "d ") would have been better but was rejected due title issue on the lease area. All alternatives in the search area have been considered and found unworkable for one reason or another. It's been more than 8 months now since our initial meeting and more than a year since our initial design and the plan changes here every month. I will be in attendance at the Planning Commission and City Council meetings scheduled for September 14 and 21 to address these questions in more detail. Thank you for your consideration. Sincerely, Gyan Pandey Gyan Pandey I RF Engineering Minneapolis I m: 612 - 998 -6612 1 gyan.pandey@olearwirexom Clearw"re wireless broadband Bremer Bank Building 8800 Hwy 7, Suite 203 St Louis Park, MN 55426 HIGH SPEED INTERNET MADE SIMPLE. 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