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HomeMy WebLinkAbout01/12/2010Andover Planning and Zoning Commission Meeting Agenda January 12, 2010 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes —December 8, 2009 PUBLIC HEARING: Conditional Use Permit 10 -01 to consider animal therapy facility at 16274 Verdin Street NW. 4. PUBLIC HEARING: City Code Amendment to consider changes to City Code for Exterior Storage of Commercial vehicles and other storage items. PUBLIC HEARING: Conditional Use Permit 09 -11 to consider telecommunications tower for Clear Wireless, LLC in Hidden Creek North Park located at 2620 Bunker Lake Boulevard NW. 6. PUBLIC HEARING: Conditional Use Permit 10 -05 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 14057 Rose Street NW. 7. PUBLIC HEARING: Conditional, Use Permit 10 -04 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 1717 Crosstown Boulevard NW. 8. Other Business 9. Adjournment TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - December 8, 2009 DATE: January 12, 2010 Request The Planning and Zoning Commission is asked to approve the minutes from the December 8, 2009 meeting. PLANNING AND ZONING COMMISSIONMEETING —DECEMBER 8, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 8, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Michael Casey, Tim Kirchoff, Valerie Holthus, Devon Walton, and Douglas Falls. Commissioners absent: Dennis Cleveland Also present: Associate City Planner, Angier Perera Others APPROVAL OFMINUTES. October 27, 2009 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Falk, Walton), 1- absent (Cleveland) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT 09 -10 TO EXTEND APPROVAL FOR TEMPORARY CLASSROOMS FOR GRACE L UTHERAN CHURCH LOCATED AT 13655 ROUND LAKE BOULEVARD NW. Ms. Perera noted Grace Lutheran Church has requested additional time for the existing subordinate classroom structures. No changes to the existing buildings are proposed. Ms. Perera reviewed the proposed Conditional Use Permit for temporary classrooms for Grace Lutheran Church with the Commission. Motion by Casey, seconded by Kirchoff, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Commissioner Holthus asked if the community conversion has taken place. Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 2 Pastor Marls Hellmann, Grace Lutheran Church, and Scott Christianson, Church Leadership were at the meeting. Pastor Hellmann stated they did have the conversation at the YMCA and it turned out great. He stated it was very positive and a great beginning conversation. Chair Daninger stated Grace Lutheran Church did a nice job of canvassing the neighborhood and putting fliers out. He stated all the questions and concerns were answered. Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Commissioner Kirchoff stated he lilted the new sign. Motion by Walton, seconded by Casey, to recommend to the City Council approval of Resolution No. , to approve the proposed Conditional Use Permit. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Ms. Perera stated that this item would be before the Council at the December 15, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR WIND TURBINES Ms. Perera noted the purpose of the public hearing is to continue the discussion of adopting language into the City Code pertaining to wind energy that would allow certain wind turbines within the City. Ms. Perera reviewed the information with the Commission. Commissioner Casey stated he had concern with these being mounted on roof tops and felt they should have a conditional use permit for these. He was concerned about other residents complaining about blocking views. Ms. Perera reviewed what some of the other cities have made for restrictions regarding this. Commissioner Casey stated he would like to look further at the Cottage Grove code regarding this because it seemed to fit into what he was suggesting. Chairperson Daninger asked if 2.5 acres minimum requirement would still leave Commissioner Casey with concerns. Commissioner Casey stated it would not, he was more concerned with homes in a denser area. Ms. Perera reviewed Maple Grove's Ordinance regarding wind turbines. Chairperson Daninger thought the last time this was reviewed they were all in favor of trying to keep this out of the small lot residential and they were all in favor of conditional i Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 3 use permit for all applications because it is new. If they say they want a conditional use permit on all aspects then they do not need to go through all the categories in the chart. Ms. Perera stated that was correct. Chairperson Daninger asked how the City Council felt about this. Ms. Perera stated this was discussed at a City Council workshop and they wanted the Planning Commission feedback on what types should be allowed. The Commission was in concurrence with having a conditional use permit on all aspects. The Commission discussed how the City would regulate wind turbines and what areas they would be permitted in along with setbacks. Commissioner Kirchoff stated he was concerned that a wind turbine could go into a park or at the High School. Ms. Perera stated the High School would need to meet setbacks but it would be allowed there if they wanted to have one. Commissioner Kirchoff wondered if they could place a restriction that it would need to be one thousand feet from residential. Ms. Perera stated they could do that. Commissioner Walton stated his concern was if they get too restrictive the schools may not be able to look at alternative energy to save costs and could possibly close more schools. Commissioner Holthus stated if this would be conditional use the Planning Commission could recommend approval to the City Council on a case by case basis. Commissioner Walton thought they needed to start out with this being looser and tighten it up as they go along because if it is too restrictive there will not be anyone applying for it. Commissioner Holthus stated commercial wind turbines are very loud so they need to be far away from residential if they are to be allowed in the City. Ms. Perera stated the large commercial wind turbines would be allowed in the City but would need to meet the noise ordinance. The Commission discussed wind turbines and noise. Commissioner Kirchoff stated the Parks Department would be responsible for reviewing and recommending allowing or denying wind turbines in the park. Chairperson Daninger wondered if they needed to still determine between a commercial and non - commercial based upon the language that is going to be in the ordinance. Commissioner Kirchoff thought that was in there already because it was his Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 4 understanding that anything over 401cwh was commercial. Chairperson Daninger wondered if they needed to restrict that further. Commissioner Walton felt this was adequate for now and they can restrict this further if necessary in the future. Chairperson Daninger asked if they could eliminate Section 9 -13 -5. Ms. Perera stated they could if they wanted to simply state it was a conditional use permit. If they did want to prohibit it within certain areas of the City they would want to list that somewhere. Ms. Perera stated roof mounted wind turbines are not discussed so it should be added to the wording. The Commission discussed Section 9 -13 -5 and decided that a minimum of five acres for a commercial wind turbine would work. The Commission discussed different areas in the City to see if they wanted to restrict wind turbines anywhere. Chairperson Daninger thought they could restrict them in the scenic river way. Commissioner Kirchoff thought this would be restricted anyways because it is governed by the scenic river guidelines. Chairperson Daninger reviewed the Commission discussion. He stated the Commission was comfortable with non - commercial having a conditional use permit for it and general standard will apply to it. The Commission decided to make the wind turbines prohibited in the scenic water way and WDE for commercial and non - commercial wind turbines and if commercial needs to be at least a minimum of five acres. The Commission discussed roof tip wind turbines and if they should be permitted. Commissioner Falk stated he did not like the idea of these. Commissioner Kirchoff agreed. Commissioner Holthus thought if it would save money she would not mind having them on roofs. Commissioner Walton thought they could limit these to 2.5 acres or more. The Commission lilted that idea. Motion by Walton, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Cleveland) vote. There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 5 Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Motion by Kirchoff, seconded by Casey, to recommend approval based on discussed changes. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Ms. Perera stated that this item would be before the Council at the December 15, 2009 City Council meeting. OTHER BUSINESS. Ms. Perera updated the Planning Commission on related items. ADJOURNMENT. Motion by Kirchoff, seconded by Falk, to adjourn the meeting at 8:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 3 C I T Y O F ,NDOVERS'P 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: Angie Perera, Associate Planner SUBJECT: PUBLIC HEARING: Conditional Use Permit (10 -01) to consider animal therapy facility at 16274 Verdin St. NW. DATE: January 12, 2010 INTRODUCTION Russell Johansson has applied for a Conditional Use Permit, on behalf of his wife Diana and himself (aka: the property owners) for a proposed animal therapy facility to be located at 16274 Verdin St. NW. The property is a 14.5 acre parcel located north of 161St Avenue and west of County Rd. 59 ( Verdin Street) within the R -1 zoning district. City Code 12 -12 allows an animal assisted therapy facility as a conditional use within the Rl, R2 and R3 zoning districts on properties larger than five acres in size. The property is heavily wooded providing natural screening around the property. program activity area 4,900 sq. ft. program activity area 4,650 sq. ft. (pole barns) )ad 59/ itreet DISCUSSION Animal Assisted Therapy City Code 12 -2 defines animal assisted therapy (AAT): also known as pet therapy, is a goal - directed type of therapy, delivered and /or directed by a health/human service provider working within the scope of his or her profession, in which an animal meeting specific criteria is used as an integral part of a treatment process designed to promote improvement in the physical, social, emotional, and /or cognitive functioning of the patient. The applicant has indicated this will be a non - profit program known as `Partners In Hope' designed for autistic children between the ages of 4 and 10. The applicant has indicated that this is an "animal assisted activities program in the form of recreation" that would take place on the grounds. There is no mounting or riding activity being proposed. The activity area will primarily take place out of a 4,900 sq. ft. fenced in area between the house and the pole barn and inside the pole barn only in adverse weather conditions. Russell has indicated that Diana will be delivering the service to the clients and that the program will be directed by a health/human service provider (the Fraser Center staff). Documentation has been attached with this report verifying the completion of a training course by Diana and Russell in addition to a letter of support from a Mental Health Practitioner from the Fraser Center, indicating that she will continue to provide consulting services for the program. Comparison of Proposal to Current Number of Animals Permitted on Rural Properties The applicant's proposal would include eleven animals (2 miniature horses, 2 miniature pygmy goats, 4 chickens and 3 ducks) to be utilized in the activity of animal assisted therapy. In addition to these eleven animals, there are also seven other horses on the property that will not be utilized in the proposed therapy program. The table below references the summary of the requirements of the City Code and illustrates that the number and type of animals presently located on the property are in compliance. No additional animals are proposed to be added to the property at this time although the Planning Commission may want to consider limiting the number or types of animals that are used with the program. Type of Animal Quantity City Code Pleasure /recreational animals 42 (No more than 3 per acre on parcels 5 acres 5 -1 -B (Equine: ass, burrow, donkey, or larger.) 14 acres x 3 equines = 42 foal, gelding, horse, mare, mule, pony or stallion) farm animals (cattle, hogs, sheep 14 (5 plus 1 additional per acre above 5 acres, 12 -12 or goats, and excludes poultry) maximum of 20) 5 + 9 = 14 Additional farm animals are a As determined through the process 12 -12 conditional use poultry (chickens) No limit (permitted use in Rl, R2, R3 on 12 -12 parcels without municipal sewer & water) Accessory Structures & Program Activity Area City Code 12 -6 allows up to 20% of a property to be occupied by accessory structures on parcels greater than five acres in size. Two accessory structures currently exist on the property totaling 4,770 square feet (4,650 sq. ft. pole barn and 120 sq. ft. garden shed) and meet the requirements for accessory structures. No new structures are being proposed at this time. City Code 12 -5 -5 requires structures that shelter animals to be located at a minimum of 100 feet from adjacent homes and 50 feet from adjacent property lines. The existing pole barn is located approximately 150 feet from the west property line and greater distances from other property lines. The garden shed appears to exceed both setback requirements as well. The program activity area is proposed to take place in a 4,900 square foot fenced in/open air area (70 ft. x 70 ft.) next to the garden shed south of the house and east of the pole barn. This area also meets the setback requirements. No physical improvements are being proposed for the property at this time. Access /Parking The property will be accessed off of County Road 59 (Verdin Street) onto a Class 5 driveway. County Rd. 59 has fairly low traffic counts in comparison to other county roads within the City of Andover. The driveway splits at approximately 500 feet west of County Rd. 59 and has an asphalt surface up to the house. The driveway portion that splits off southwest of the house consists of wood chips and gravel leading up to the pole barn. The applicant has illustrated that the parking area would most likely be on one asphalt parking space, currently located along the primary driveway. The applicant has also indicated that parking could also take place east of the pole barn on the unimproved driveway area depending on the needs /goals of the client. )Hours of Operation The applicant has indicated in their letter provided that the hours of operation will tentatively operate between the hours of 10:00 a.m. through 7:00 p.m. The individual activity sessions are six weeks in length at one hour per week per child. The number of anticipated clients is projected to be 7 appointments /clients per day or about 21 appointments /clients per week. 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. Staff Recommendation Staff would recommend the consideration of a condition that documentation is required to be submitted on an annual basis verifying that a health/human service provider is directing the animal assisted therapy program. Operational hours and days of the week should also be considered within the conditions of approval. The Planning Commission may also want to consider recommending limitations on the number of clients and/or the number or types of certain animals that are used with this program. 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. Re -'fu submitted, I gi era Attachments Resolution Location Map Site Drawing Conditional Use Permit Application Letter from Applicant & Training Certificate Letter from Fraser Center Program Information Cc: Russell & Diana Johansson, 16274 Verdin St. NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN ANIMAL ASSISTED THERAPY FACILITY TO BE LOCATED AT 16274 VERDIN STREET NW LEGALLY DESCRIBED AS: The East 3/4 of the North '' /� of the Southeast 1/4 of the Northeast 1/4 of Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Russell Johansson, the property owner has requested a Conditional Use Permit to allow an animal assisted therapy facility on the subject property, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, 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; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit, and; 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 Pen-nit for an animal assisted therapy facility as proposed and subject to the following conditions: 1) Applicant shall submit documentation on annual basis verifying that a health/human service provider is directing the animal assisted therapy program. 2) Operational hours and days of the week as recommended by the Planning and Zoning Commission. Adopted by the City Council of the City of Andover on this 19'' day of January, 2010 CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Michael R. 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IA t N I\ L �i M v \ JF V " C 4 a \ f Orc LG TVL1 cis uvA- \a A ISO, -7 0')e7 0 veram S-, �Alv, /Co Rd 5 9 _ k 0 F P 1 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - WWW.CI.ANDOVER.MN.US CONDITIONAL USE PERMIT Property Address J(,`2-'74 Vz rd l,,, SA- W bi kno)Gye -,r till) Legal Description of Property (if legal is lengthy, please attach a separate sheet): Lot Block Addition PIN 1&73L "Z-`-[ — I LI -- 00i ( See ei 4G —'ka-J (If inetes and bounds, attach the complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323 -5400 with the property PIN number). Abstract Description of Request Section of Ordinance Torrens l2 -a- 1 1 Dex'to Current Zoning , -9 - 1 —4---4---4---4---4---4---4---4---4---4---4---4-- Name of Applicant 1. 6I Address 162-1 ti VeA-AIA- U.0 G 5 3014 Home Phone 763 Z,4g0135 BusinessPhone`76?) 2,4Lt0135 Fax ;Signature Date �o1Z zlgiO -1o(Zt %kA dp Partners In Hope, Inc. Russ & Diana Johansson 16274 Verdin St NW Andover, MN 55304 December 29, 2009 Angie Perera Associate Planner City of Andover, MN Dear Ms. Perera: I have attached the items you requested on behalf of our business, Partners In Hope, Inc. I believe you will find all of the necessary documents and answers to your questions. We have answered them to the best of our ability at this time. This non - profit business is, at present, a "pilot- project" that may experience some minor changes as the year progresses. Any changes that would occur would be minor, and would be based on our client's needs; such as the operating hours. Currently we will not be providing "Animal Assisted Therapy ". The term Animal Assisted Therapy is so widely misused. We will be providing Animal Assisted Activities in the form of recreation. These activities are therapeutically based, as taught in our training. However, there may be a time when we would employ a licensed therapist. Therefore, a permit for Animal Assisted Therapy would be appropriate. Thank you so much for your help and time. We are very excited to start this business; there are so many children that could benefit. Please don't hesitate to call if you should need more information or further clarification. Sincerely, �J Diana M. Johansson (763)244 -0135 au'Lismpar+,nersinhope@live.com Attachments #0 5 i ML MINN, �y � \ !� � � \ ; \ � ) }�) : . �\ � \ � . \�} +� � \ � } � � � � .� .� \\ {� / b } \ \ƒ \� & ( \ \ � � a a � � � \ � � \ � � t t � ! \� 7 � � � � \ � � \ � � � ) IT � ® = ) � .� .� \\ {� / b } \ \ƒ \� & ( \ \ � � a a � � � \ � � \ � � t t � ! \� 7 � � � RASE ti Special needs * Bright futures- December 29, 2009 To Whom It May Concern, I am happy to be a member of the Partner's In Hope, Inc. Board. At the University of Iowa I earned a Bachelor of Arts degree, studying Psychology, and then I received a Master's in Social Work from Saint Ambrose University in Davenport, Iowa. Throughout college I was involved with several different agencies involving children with diverse mental diagnoses. My experience with children who have an Autism Spectrum Disorder began in January of 2008 at Four Oaks Inc. in Cedar Rapids, Iowa. Here I was involved in an after school program for middle school children to help build social skills. In the fall of 2008 1 began an internship at TIES (Teaching Interventions to Empower and Strengthen Families), a positive parenting program, where a four -year old child was diagnosed with Autism. Since July, I have been employed full -time as a Mental Health Practitioner providing skills training to individuals, families and groups with an Autism Spectrum Disorder, at Fraser Child and Family Center in the Anoka location. I am currently licensed as a Graduate Social Worker and working towards an Independent Clinical Social Worker license. My passion for animal assisted therapy began when I was working at Four Oaks and experienced how a therapy dog impacted the lives of the children with special needs in the schools. I have since gotten a dog and looking into getting the training completed so that she can be a therapy dog that I can take to work with me each day. I have been, and will continue to provide consulting services in regards to the Autism Partner's In Hope, Inc. program and their curriculum. Fraser Child and Family Center will not be a part of Autism Partner's In Hope, Inc., I will instead be personally involved in the program. ffal f (Ashl y Hanna, LGSW Mental Health Practitioner Fraser Child and Family Center Fraser School • Fraser Child & Family Center - Fraser Residential Services • Fraser Rehabilitation Services Fraser Community Supports - The Fraser Institute 2829 Verndale Avenue, Suite 3, Anoka, MN 55303 ^ Tel: 763.231.2590 ^ Fax: 612.725.5301 ^ www.fraser.org i a[� Make a [Affereiice The Autism Society recognizes the power that 1 person, 1 organization, 1 idea or 1 event can have on autism. Today, with the prevalence of autism rising to 1 in every 100 American children, everyone can make a difference and support the 1 mission of the Autism Society. In today's society, parents understand the benefits of having their children participate in recreational activities. There are numerous programs available in our community for parents to choose from and for our children to participate in, such as soccer, football and dance. These recreational activities are traditionally designed based on age, gender and skill levels. However, they lack the capability of addressing children's mental health and physical challenges, especially those who have been diagnosed with Pervasive Development Disorders (PDD), often referred to as autism. PDD refers to "a group of conditions that involve delays in the development of many basic skills, most notably the ability to socialize with others, to communicate and to use imagination." Children with these conditions often are confused in their thinking and generally have problems understanding the world around them. This segment of our population continues to increase rapidly. Therefore, Partners In Hope, Inc. proposes to provide a recreational program of Animal Assisted Activities designed for PDD children in the Minneapolis /Saint Paul northern suburban area. Partner's In Hope is a Minnesota non - profit corporation formed by Russ and Diana Johansson to provide client tailored animal assisted recreation activities to children diagnosed with PDD. The organization's mission is to partner with parent(s), who have children diagnosed with PDD, and mental health professionals to provide animal assisted recreation activities designed specifically for these children with the objective of first and foremost providing recreation for the children while at the same time enhancing the child's therapeutic goals. In the areas of practice and standards there is no recognized profession called "Animal- Assisted Therapy ", as one practices within the scope of his /her profession that can be legally called THERAPY. Likewise, there is no such thing as a licensed /certified animal — assisted therapist or therapy animal. All therapy will be done by the referring mental health agency's appropriately credentialed mental health professionals. Partners In Hope has secured a mental health professional as a consultant, who also serves on their Board of Directors. (Letter attached) Animal assisted activities (AAA) provide opportunities for motivation, education, or recreation to enhance quality of life. Animal assisted activities are delivered in a variety of environments by specially trained animal professionals, paraprofessionals, or volunteers in association with animals that meet specific criteria. Russ and Diana have completed the "Kids and Horses Protocol Training'; an Equine - Facilitated Mental Health and Learning Program. The training was conducted by MN LINC, Inc. Molly DePrekel, MA, LP and Tanya Welsch, MSW, LGSW, MN LINC Education Director. Partner's In Hope, Inc. will tentatively operate Tuesday thru Thursday, between the hours of 10:00 a.m. thru 7:00 p.m. The individual activity sessions are 6 weeks in length, one hour per week per child. The activity sessions use specifically designed animal handling methods and styles that enhance therapeutic impact for children, while at the same time are fun. The first activity session Week 1 /Day 1 will include introductions of the facilitator, set rules and expectations, safety and overview of the next 6 weeks, tour of the facility and introduction to the animals. Each activity session will increase the direct activity with the animal of choice by the child's comfort level, and will slightly vary based on each individual child's comfort. All horse activities will be conducted with the same two miniature horses, and will only include "ground- work ", there will be NO mounted activities. The activities will include touching and learning the animal's body structure and habbits, grooming & care, and leading a miniature horse with a halter and lead line. The program is designed for children between the ages 4 thru 10 who have been diagnosed on the autism spectrum. i Q s PARTNERS IN HOPE, INC. Activity Assisting Animals Temperament, gait, age, health, conformation, energy level, responsiveness, sensitivity and level of training are just some of the considerations for the equines we have chosen for our program. Meet Rockit! Rockit is a 5 year old Gelded Miniature Horse His height is 32" He loves children, and the children love him! ob to. PARTNERS IN HOPE, INC. Activity Assisting Animals Temperament, gait, age, health, conformation, energy level, responsiveness, sensitivity and level of training are just some of the considerations for the equines we have chosen for our program. Meet Willy! Willy is a 3 year g10, gelded Miniature horse Hisjght is 34" He is extremely compassionate •1!• PARTNERS IN HOPE, INC. Activity Assisting Animals Temperament, gait, age, health, conformation, energy level, responsiveness, sensitivity and level of training are just some of the considerations for the equines we have chosen for our program. Meet Kiki & Lulu Kiki & Lulu are Miniature Pygmy goats They are 8 months old and are sisters We purchased the goats at 3 weeks old and bottle fed them, they are like "real' kids! Lots and lots of love and time spent with these two. s ' 7i 0 PARTNERS IN HOPE, INC. Activity Assisting Animals Although it is hard to train chickens and ducks, we have had them since they hatched. They are very friendly and offer a wonderful „ atmosphere . If the children are intimidated by the size or movements of the other animals, they seem to be quite interested in the birds. We have 3 classic farm white Pekin ducks, and 4 Polish chickens, which are quite comical looking with their fancy head feathers! We have spent a lot of time planning and creating a peaceful, safe, private and specifically designed environment for the delivery of our specialized service to the children. ON I3• logy. , r ,ifr l l ,-1 Y3 "" ,t �•v.� 1 � s �y � .y,5 T �.. � PARTNERS IN HOPE, INC. Activity Assisting Animals 1 Miniature Horse; Color Sorrel Roan, Gelding, age 5 yrs— Name Rockit 1 Miniature Horse; Color Palomino Flaxen, Gelding, age 3 yrs —Name Willy 1 Miniature Female Pygmy Goat— color brown, age 8 months— Name Kiki 1 Miniature Female Pygmy Goat— color grey, age 8 months- Name Lulu 4 White Crested Polish Chickens 3 White Pekin Ducks Noa- Acti-v ity Assisting Anil - ais In addition to the animals that will be used for the Animal Assisted Recreation, we have 7 full size horses, as listed below: One 27 year old Arab Mare; named Scarlet One 24 year old Quarter Horse Mare; named Rosie One 18 year old Arab Mare; Named Tessa One 14 year old Arab /Paint Mare; named Jazmine One 14 year old Arab /Quarter Horse Gelding; named Billy One 14 year old Arab /Tennessee•Walker Gelding; named Jazz One 14 year old Arab Gelding; named Zhar In addition to the 7 full size horses, we have 3 male `Barn Cats "; named Yoda, Spooky and Rusty. *All animals are current on their veterinarian health checks, worming and shots. We do not for see adding any additional animals to the property. i t, ap q C I T Y f ANDOVE 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: Angie Perera, Associate Planner N1\0 SUBJECT: PUBLIC HEARING: City Code Amendment to consider changes to City Code for Exterior Storage of Commercial Vehicles and other storage items. DATE: January 12, 2010 INTRODUCTION Currently it is a violation of the City Code to park a commercial vehicle in the driveway or to keep a commercial vehicle in excess of 12,000 pounds in the garage of a property. It is also a violation to store a vehicle longer than twenty feet (20') in length in the rear yard of the property. Recently a few residents have questioned the intent and language of the City Code in regards to these situations. The City Council has since discussed both situations and has directed staff to prepare draft amendments for each which brings this discussion before you this evening. DISCUSSION City Council workshop meeting The City Council discussed these situations at their November 24tt', 2009 workshop meeting. The minutes from that meeting are attached with this report. The City Council directed staff to prepare ordinance amendments as summarized below: Commercial Vehicles — allow a commercial vehicle with a carrying capacity of less than one ton (2,000 pounds) to be parked on a driveway. The current language only allows for commercial vehicles up to 12,000 pounds to be parked inside an enclosed structure (garage) and prohibits them from being parked on the exterior of the property (ie. the driveway). The City Council agreed that they did not want to allow cube vans as a commercial vehicle that could be parked in a driveway. RVs in rural areas — allow RVs (motor homes, campers, travel trailers) up to 40 feet in length to be parked in the rear yard of a rural lot (possibly 2.5 acres and larger) if adequately screened. The City Code currently allows for up to two vehicles to be parked in the rear yard of any lot if parked at least ten feet (10') or more from the lot line if they are fully operable, displaying current license plates and each vehicle shall be under twenty feet (20') in length. Drafting an Amendment to the City Code These two situations seemed separate and fairly straight forward on the surface in terms of amending the City Code. These two situations tend to overlap within several sections of the City Code and should be amended together at the same time in order to maintain the same intent. This is the time to determine the intent or goal of what is hying to be achieved in regards to what items may constitute a public nuisance in addition to what items may or may not "fit" or be deemed as acceptable within the character of a residential district. After taking a closer look at the Code, both staff and the City Attorney discovered that there are also inadequacies in the current language. Various sections of the Code have been attached with this report for your reference with suggested notes in the margins to point out some of those inadequacies. For the purpose of tonight's meeting, staff is requesting that the Planning Commission determine which types of vehicles and other exterior storage items should be allowed and where (ie. driveway, rear yard, accessory structure). Please also keep in mind that the most prominent zoning code violation has historically been parking related in nature as identified earlier in the two examples within this report. Other parking violations typically include parking on the front yard or vehicles displaying expired license plates and tabs. In order to move forward with drafting an amendment, staff has created the discussion table attached with this report for your review and consideration with the intent to generate discussion amongst the Commission as a group. Some vehicles may fit in more than one category. Other vehicles to consider may include those that have been converted to a different use other than what they were manufactured or intended for (ie. school bus converted to an RV). There may also need to be exceptions for certain types of vehicles such as commercial vehicles parked at a property for the purpose of providing a temporary service or emergency. Please try to identify the most appropriate location for these vehicles and items. Staff Recommendation Staff needs input from the Planning Commission as described above. ACTION REQUESTED The Planning and Zoning Commission is requested to hold a public hearing so that staff may bring back a draft amendment based on the input from the public and feedback from the Planning Commission. Respectfully submitted, Angie er ra Attachments Discussion table (vehicles and items permitted and prohibited) Various sections of the City Code pertaining to commercial vehicles and exterior storage Minutes from the November 24'11, 2009 City Council workshop meeting Minutes from the December 8th, 2009 Andover Review Committee meeting Star Tribune article, "Home is where the truck is? Maybe not", December 3 1St, 2009 a� 75 O s E � s � +r w °J -a U � s w Q� tw N .i O O U o O w' a� -J M 4-J O L }�i O L t O 4 L 3 L 0 a� -0 -a -1 4- v W V N c� N CL .a W L J � m .a Fa- N Z O O_ V U N go I am CL M N CC ., +z C'I K W L ' O O v _ � L - v •: L N L d: g 3' L a': L O tu N — o O _ L YaiJ �, L_ C O O Zvi U -` -£ y � H V C f6 ,"O - aj i0 ++ L 110 'O m C i t6 L E m N E 0- S bn C m p 'L° U C 7 U L > N i O� "t +� . °1 o v m m o m -s � o a a d> @ o v c Q "O i cu ,(U in C7 —j Z cn > 1- ::a+ �n go I am Regular Andover City Council Workshop Meeting Minutes — November 24, 2009 Page 5 1 be a joint project with the County. Mr. Kytonen stat e has talked to loggers about taking large 2 amount of trees down in the City for a disco price. 3 4 Councilmember Jacobson suggeste _ r. Kytonen look at the current ordinance and make 5 adjustments to it and talk to t ounty if they could use the area by the compost for tree 6 disposal. 7 8 Mayor Gamac sked if the County has come to the City asking for a joint effort. Mr. Kytonen 9 stated the ve not. ,11 DISCUSS clTy CODE E'NE'®RCEME'NT (COMMERCIAL VEHICLES AND STORAGE) 12 13 Mr. Neumeister reviewed examples of commercial vehicles that are in violation of the City Code 14 with the Council. 15 16 Coumcilnember Bukkila stated she did not see a problem as long as the business vehicles are the 17 same size as a passenger vehicle. 18 19 Councilmember Jacobson thought the vehicles are fine to be parked outside as long there is only 20 one commercial vehicle parked in the driveway. Councilmember Bukkila stated she would not 21 limit the number. 22 23 The Council agreed they are fine with commercial vehicles of a passenger vehicle size parked in 24 a driveway but are opposed to larger trucks parked in driveways, such as cube trucks in urban 25 districts. 26 27 Councilmember Jacobson stated he would be ok with one one -ton truck or less parked in the 28 driveway in the urban districts. 29 30 Councilmember Trude wondered if they could have a special use where the vehicle would need 31 to be screened. Councilmember Jacobson stated in a rural area he would not have a problem 32 with a large vehicle parked if it can be put in a building. 33 34 Mr. Neureister reviewed a complaint with travel trailers being parked in a rear yard with 2.5 35 acres. 36 37 Councilmember Trude thought screening was critical. Mr. Dickinson stated the Code allows two 38 twenty -foot trailers or less. 39 40 Mr. Neumeister thought they could raise the code maximum to 32 feet in order to allow this, they 41 may even want to put screening in the ordinance. 42 43 The Council agreed screening from neighbors is critical and if it is screened properly the footage 44 would not matter in a rural area. s Z 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Regular Andover City Council Workshop Meeting Minutes — November 24, 2009 Page 6 Councilmember Jacobson stated this should be brought to the ARC Committee with the knowledge that the Council is willing to eliminate the twenty and go to a larger size if screening is adequate. Mr. Neumeister stated he would bring this to ARC and the Planning Commission for review. 2010 GENERAL FUND B U DGET DE fEL®PMENT PRO GR EUS REPORT Mr. Dickinson reviewed the 2010 General Fund Budget report with the Council. The Council discussed the warming house attendants at skating rinks. Mr. Dickinson suggested evaluating the frlough program in Marcb/ pril 2010. Mayor Gamache asked if this could be evaluated in January or early Fear any 2010. Couuncilmember Trude stated she is disappointed because she thought they wetgG going with the 2.48% tax levy to stop the furlough. Mr. Dickinson stated if the furlough is�ecoved too early he fears they may have to re- implement it if revenue does not come in as, pected. Councilmember Trude asked if they are foolish gopgg from 3% to 2.48% with cormnercial valuations in question. Mr. Dickinson stated h -I's not worried about it. 2010 TAX LE VY PREVIEW Mr. Dickinson stated the Council haAad a number of reviews of the City of Andover 2010 Budget and continued detailed re ew of the General Fund budget that is primarily supported by the proposed 2010 Tax levy. Mr. Dickinson reviewed OTHER There was information with the Council. The Counci •ecessed to go into the closed session at 9:43 p.m. for the 2009 City Administrator review. The ( Zuncil reconvened at 10:30 p.m. Lion by Bukkila, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting ourned at 10:30 p.m. Respectfully submitted, 43 44 Susan ®sbeck, Recording Secretary r• 3 D- E 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 o (763) 755 -5100 FAX (763) 755 -8923 o WWW.CI.ANDOVER.MN.US MEMORANDUM TO: ARC FROM: Brenda Holmer, Planning Dept. DATE: December S, 2009 SUBJECT: ARC Action Items The following items were discussed at the last ARC meeting and represent key actions taken by the committee. 1. New Business o There is a Watershed meeting today at 1:15 pin. 2. Ordinance / Comp Plan Amendments / Studies / Special Reports o Shed Regulations — The policy will be reviewed and will go to the City Council on December 15tt' C mmercial vehicles in residential areas — Proposed: One commercial van allowed a driveway surface, cube vans not allowed. RV's are allowed on the driveway face. The boat is only included in the length. a unting Regulations Update — This wil e brought back on Dec. 15 t to Council. o County Transportation Plan — Staff has met with the County to discuss the following: a. University Avenue from County Rd. 14 to the city of Oak Grove is shown in the plan to convert to a County road (to be a turn up). b. Round Lake Blvd. from Bunker Lake Blvd. 4 lanes into 6 lanes up to 157tt' Avenue. c. Considering Verdin Street connection to Crosstown Blvd. up to 161St Avenue. d. Eliminating the jog off 157tt' Avenue and considering extending 157t" Avenue east /northeast to 161St Avenue. e. Traffic signal at 161St Avenue and Hanson Blvd is planned for 2013 -2014. f. Traffic signal at 133`d Avenue and Hanson Blvd. This will happen in the spring of 2010. g. Considering constructing a bridge over the Rum River at IS I" Avenue. Ramsey to Oak Cnove. h. Anoka County has received a grant for bus service up to County Road 14 in Blaine . They will possibly extend it up to Ham Lake, East Bethel, Isanti and Cambridge. M V an y b. Buildings: Any change of use or occupancy of any building, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by -this title. rr CY) 3 Permitted Use Of Parking Area: a. Drivewa_ s and.off street parking facilities accessory to residential uses shall be utilized solely for the parking of licensed and operable �I ;fit t passenger automobiles, no more than one truck not to exceed a gross capacity of twelve thousand (12,000) pounds, and I recreational vehicles and e uipmenr• 66 �61 b. In an R-1 orR-2 single - family residential district on a parcel of at 2.� least three-,(3Z acres in size, one true!, tractor may be stored within -- o an accessory building. Under no circumstances shall the required cN�`�� parking facilities allow for th es g of semi trailers. c. Private Garages: A private garage in a residential district shall not be utilized for business or industry, except as allowed by Section 12 -9 -3 of this code. Further, not more than one -half (1/2) C{ �� of the space may be rented for the private vehicles of persons not residents on she premises; except, that all the space in a garage or one or two (2) car capacity may be so rented. Such garage shall not be used for snore than one vehicle registered as a commercial vehicle with the State of Minnesota. Said vehicle must be registered to the property lessor or relative living on the premises, and the gross weight of such commercial vehicle shall not exceed twelve thousand (12,000) pounds gross capacity. (Amended Ord. 314, 10- 4 -2005) �4 Prohibited Use Of Parking Area: required pe , g a. Under no circumstances shall ar in facilities __._..® accesso o re fs d_e Can iI (_structures be used ror the storage of co�rr. dial vehicles or equipment or forthe parking of vehicles to the employees, oviners, Tenants or customers of belonging hiisiness or manurac unng establishments. �- b. required off street parking space in any district shall not be utilized for the open storage of goods or for the storage of vehicles which are inoperable, for sale or for rent. 5. Calculating Space: C dW � 7 ( ��' 4l• ✓l Gt��� J ", r) T bOk _ Cj.t �� C( r c G� a k 60 ( areA ) eJ S(.v 1 i CuA l j. 12 -13 -3: E)JERIOR STORAGE: A. Residential Districts: All materials and equipment not stored within a building must be fully screened (as outlined in Section 12 -13 -5) so as not to be visible from adjoining proper'iies, except for the following (Amended Ord. 380, 4/21/09): 1. Clotheslines and recreational equipment. (Amended Ord. 31410-4- 2005) \je ,KC,UD 2. Building materials currently being used on the premises of a property with an active building permit. (Amended Ord. 314 10 -4 -2005; Ord. 380, 4/21 /09) _�Ilq � UC (110vt3. Agricultural equipment and materials if these are used or intended for use on the premises. - Ur `p \dub 4)Unless parked entirely upon the required driveway or in an enclosed garage or storage building, no more than a combination of two (2) of the following may be stored in the rear yard, and not closer than ten (10) `reef from the property line (none of which shall exed twenty 20 fee: in ce length: f a. licensed and operable passenger vehicles or pick -up trucks; b. licensed and operable boats; and c. licensed and operable trailers, motor homes or campers. (Amended Ord. 380, 4/21109) _ _ - - - -- All Districts except Residential Districts: The City Council may require a Conditional Use Permit for any exterior storage of the following: a. If it is demonstrated that such storage is a hazard to the public health, safety, general welfare, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. (Amended Ord. 8, 10-21 - 1970; Ord. 380 4121/09) b. Any exterior storage that is not enumerated in Section 12 -13 -3 subpart 1 -4. (Amended Ord. 380, 4/21/09) 12 -13 -4 REFUSE IM ALL DISTRIICTS: C, A. Interpretation: All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a Conditional Use Permit, or otherwise permitted by provisions of this title shall be considered as ref use. GAD G ITU jl N t6 bul z C'i,�' JI COMMERCIAL VEHICLE: Any vehicle, including truck, semi ractor, or van, primarily used for the movement of cargo or passengers in the normal operation of a business. "Comrnercial vehicles" shall not b� limited to veh_iLcLs tvtjt4 �� j 1 �/1�, ? �����r�� j with advertising�errnanently or temporarily affixed to _ the body of the vehicle. FARM TRUCK: A. All single unit trucks, truck tractors, tractors, semi- trailers, and trailers used by the owner thereof to transport agricultural, horticultural, dairy, and other farm products, including livestock, produced or finished by the owner of the truck, and any other personal property owned by the farmer to whom the license for the trued: is issued, from the farm to market, and to transport property and supplies to the farm of the owner. Trucks, truck tractors, tractors, �Vju semi- trailers, and trailers registered as "farm trucks" may be used by the owner thereof to occasionally v 1 transport unprocessed and raw farm products, not produced by the owner of the truck, from the place of production to market when the transportation \ 5� constitutes the first haul of the products, and may be used by the owner thereof either farmer or logger, who harvests and hauls forest products only, to transport logs, pulpwood, lumber, chips, railroad ties and other raw and unfinished forest products from the place of production to an assembly yard or railhead when the transportation constitutes the first haul thereof; provided, that the owner and operator of the vehicle transporting planed lumber shall have in his immediate possession a statement signed by the producer of the lumber designating the governmental subdivision, section and township where the lumber was produced and that this haul, indicating the date, is the first haul thereof. The licensed vehicles may also be used by the owner thereof to transport, to and from timber harvesting, any gravel and other road building materials for timber haul roads. B. "Farm trucks" shall also include only single unit trucks, which, because of their construction, cannot be used for any other purpose and are used exclusively to transport milk and cream enroute from a farm to an assembly point or place for final manufacture, and for transporting milk and cream from an assembly point to a place for final processing or manufacture. This definition shall not be construed to rnean that the owner or operator of the truck cannot carry on usual accommodation services for patrons on regular return trips, such as butter, cream, cheese —� - and other dairy supplies. GARAOF,.PRIVATE: A detached or attached accessory building or carport, which is used primarily for storing passenger vehicles, trailers, 'or one Truck of a rated capacity not in excess of twelve thousand (12 000_ op unds gross ca MOTOR VEHICLE: Any self - propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self - propelled vehicle and includes vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires L' but not operated upon rails, except snowmobiles and ,✓tS .G(G mobile homes. PARKING SPACE: In,M - 5 )", cto �eS - ato.: A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficierit size to store a standard automobile. PASSENGER AUTOMOBILE: Any motor vehicle designed and used for the carrying of not more than ten (10) persons including station wagons but excluding motorcycles and motor scooters. For purposes of 'taxation, it automobile" includes pickup trucks and vans. PASSENGER VEHICLE: Any vehicle classified as a passenger automobile, pickup truck, or van. "Passenger vehicle" does not include motorcycles, motorized bikes, buses, railroad vehicles, farm trucks and special mobile equipment. PICKUP TRUCK: Any truck with a manufacturer's nominal rated carrying capacity of three - fourths (314) ton or less and commonly known as a "pickup truck ". — _ RECREA 1 ION EQUIPMENT (III RESIDENTIAL DISTRICTS): Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet (20') in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, playhouses exceeding twenty five (25) square feet of floor area, or sheds utilized for storage of equipment. i � S RECREATIONAL VEHICLE: A vehicular type portable structure without permanent b ' wed hauled or driven and foundation, which can e , , r primarily designed as temporary living �t8 �' I "� �'5c� GIB accommodation for recreational, camping and have « I use and including, but not limited to, travel trailers, Truck campers, camping trailers and self - propelled motor homes. SEMI-TRAILER: Any vehicle of the trailer type so designed and used in conjunction with a truck tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and shall include a trailer drawn by a Lruck tractor semi - trailer combination. SPECIAL. MOBILE EQUIPMENT: TRAVEL TRAILER: � � ( 6c"r TRUCK TRACTOR (TRACTOR): VAN: 4M (� 40 Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus, moving dollies and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, non- farm tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, drag lines, self - propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, truck mounted feed grinders or other motor vehicles designed for the transportation of persons or property to which machinery has been attached. Any type of vehicle having less than two hundred (200) square feet of living space which can be readily adapted to or does provide facilities for a person or persons to eat or sleep, and is readily adaptable for transporting. Any motor vehicle designed and used for carrying things other than passengers, except pickup trucks and vans included within the definition of "passenger automobile ". Any motor vehicle designed and used for drawing other vehicles and having no provision for carrying loads independently nor constructed to carry a load other than a part of the weight of the vehicle and load drawn. Any vehicle of box like design with no barrier of separation between the operator's area and the remainder of the passenger carrying or cargo carrying area, and with manufacturer's nominal rated carrying capacity of three - fourths (314) ton or less and commonly known as a "van ". 0 ill � r M 06 CL.�m� Mme, B m CL UJ a) 6i c O (D g D m O U) F- 0 , Tj a, ii "n `, F V f, fj 1 ° _Q) , a,1�; ; W0 0 Con-Lme-rcial vehicles trL -die driveway? Andover's city code says no, but after complaints, officials are taking another look. ByYARLA ELENA BACA rnbaca @startribune.com When Tom Ronayne received a letter from the city of Andover asking bim to remove the work track parked on his driveway, he and his daughter strolled around his Shadowbrook neighborhood, snapping digital pic- tures of 38 commercial vehicles on driveways in a four -block area. "Tlis is a working -class commu- nity in Andover, just look around my neighborhood," he said.. After Ronayne complained, the City Council directed the Planning Department to find a way to bring some fle>ibility to a city code that limits residential parking pads to pas- senger vehicles andbans commercial vebcles and equipment. The intent is to maintain the residential character of neighborhoods. The issue will be up for discus- sion at a public hearing before the Planning and Zoning Con- mission on Jars. L. The language iikbly will be refined further before it goes before the council later in the month. Other cities also restrict commercial vehi- cles, by weight, length, vehicle type or nameplate. Some allow for resi- dential storage but require commer- cial vehicles to be screened. For City Council Member Don Ja- cobson, the issue is abdut.parity. "Loot: at some of the big CNCs, Suburbans and big Ford SLTVs that are larger than what we would allow commercial vehicles to be," he said. "7n my opinion, if -vie allow big Sub- urbans and others in a normal res- idential neighborhood, what's the difference between that and hav- ing a commercial van of the same size? The only difference is that they have the name of the company on the side." In recent months, the city has sent Ar Arnwe e. a^.E3miftanes On:34 f- I AtiheirSt .Paulhomeon- Wednesday, i {ou. Zoua Hang showed their c Thaoa_ndidsfamily,sho- nbelo -w.7heUiaos,whol;vedinarefugee a > r , v 1 U ByMARTTA BUENA BACA t i ^ '{ 4 1?e fam y has sp firmed that he was a count_ y that was l r• is :,=(y, the -ads or pe T heve are an esin 31,600 h? Wisconsin, peeple and is secon �'?= 'c ^cE1'? i•.� CG iaL-zaCs on E �, �:A'J RJA V .• Litt'cering is a constant con- cern on Wisconsin Point and otlier remote areas of the city, including the Super rOr Munic- ipal Forest, said Ivlasy l+ilorgan, parks and recreation adimms- trator for Superior• Tnaal ms d ictre° fa_e'Lucil Years ago, Morgan. said, Dumpsters were placed along Wisconsi point Road. They would fill with appliances, furniture and other inappro- priate items, she said. ,More than once, the gar- bage was lighted on fire," she said, and the Dunipstus them- selves burned. They were re- moved about 10 years ago, and signs warning people to "Pack 3 roe plAotoby?JLA1tIEN!— .ViSOD! • iI, lev'son @staraibune.corn A family a'ela:ecl on the shoreline of Lake superior v,*iilt aLght- . houseinthebacicgroLUndatWiscOnS LPointnearsuperior,Wis. out what you pack in" were placed along the point. But dirty diapers, fast -food wrappers and broken glass continued to litter the site. The Superior city Council then placed six 90 -gallon city trash cans oil WiscOnsin Point, painted Faire Superior blue. "I believe they were gone wiiliirl 24hours :, Morgan said. "It was quite heartbreaking." For a few summers, the city hired two seasonal workers to spend 20 hours a week clean- ing up Wisconsin point and Dutchman's Creek..The city also hired a youth group inDu- luth to collect garbage on the point every other week. The positions were lost to budget cuts in 2004, Morgan said. "We're all struggling with Wisconsin Point," said Geof 4�� f111c� \!f oL l llguI,i 1U 1!I nu (e r 1 ll''l' �i�flil�/t;IlJIL�/ �e�lc� � a-, � �I A1,33soVER FROM 131 about half a dozen letters to residents in violation of the code, said associate planner Angie Perera, vaho has been charged writ the responsibili- ty of creating new land age for the commission to review. The amended code will have to take into account both the property owners and then: neighbors, whose sightlines Dig in to Taste for new recipes, restaurants and kitchen gadgets. For home deltverjL, 61Z,131999 TI-Le Landover lay ma. and Zoning Cd_mrnission . wi11 discuss new code language at 7 p.m. onla_n. 12, at city 140, 1685 Crds5- t,v,ri 13ou1evard IV W. prohibits MotorvemcJ.e Lf uU« an d P arldnag p q st th e f ivi stpark- ing lot from R p.m. to 4 a.m. with the exception of smelt- ing season. Other rules — such as ban - -yhg glass containers —have had little effect. IvIarty of the Poll respondents mentioned concerns over broken glass on Wisconsin Point. . With the poll results in front of them, members of the leadership group will sit down in January and decide how best to aid Superior's treasure. They may even head to City Hall. `A journey of 1,000 miles starts with a first step," Pet - tingill said. boring property owners, as well:' Amended language like- ly will set guidelines for the number, of commercial ve- hicles allowed on one drive- way, as well as their length and gross weight. It may also in- clude restrictions on the size or presentation of advertising and also wrap in guidance for storing recreational vehicles in larger lots. Ronayne, who designs and installs security systems and websites, said he received the electricians' -style truck, con - will be affected. plete with a ladder rack anti "It's obviously important cabinets, in a barter from a to maintain and allow a cer- heating and air conditionu g tain lifestyle ;, she said. "We company that needed network don't want to be so strict that repairs. His wife has suggested vre're putting someone out of he just get rid of the truck, but a job because they can't bring for him, the discussion has be- their work vehicle home. At come one of principles. he the same time, we're trying to "? shouldn't have to, maintain that our neighbor- said. "-What is this, Andover, hoods are still residential dis- Russia. tricts and not becoming home businesses. We're trying main- tain property values for neigh- Maria Elena Baca ^ 612 - 673 -4403 Star Tribune Newspaper article: "Home is where the truck is? Maybe not" By: Maria Elena Baca �. 12/31/09, page B1 & B4 4 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 e WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne f SUBJECT: PUBLIC HEARING: Conditional Use Permit 09 -11 to consider telecommunications tower for Clear Wireless, LLC in Hidden Creek North Park located at 2620 Bunker Lake Boulevard NW. DATE: January 12, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless internet antenna array within Hidden Creek North Park. A conditional use permit is required to locate antenna above 35 feet in height. DISCUSSION The attached photosimulation illustrates what the antenna will look like from ground level. The attached site plan shows the proposed location of the tower within the park. Additional attachments show a top view and all four side views of the tower, including the proposed antenna installation and ground mounted equipment. The antenna equipment will be located inside what is commonly referred to as a stealth monopole. As a result the entire tower will be 32 inches in diameter and the antennas will not be visible. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located near the base of the tower. The cabinet will be approximately 38 inches wide by 25 inches deep and 54 inches tall. A photograph of a similar cabinet is attached. A six foot tall chain link fence will enclose the tower and cabinet within a ten foot by ten foot area. In the event the proposal is approved, staff is recommending that slats be provided in the fence to provide additional screening. Review Criteria 12 -14 -6 B. provides the following general 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 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. r- 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. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9 -12. The applicant is requesting a variance to the collocation requirements to allow the new tower to be solely utilized by Clear Wireless LLC. Typically new towers are required to provide space for additional future users. The request for this variance was encouraged by staff to reduce the height of the tower as described below. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his /her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. The applicant has indicated that by allowing Clear Wireless, LLC to be the sole user of the tower that the tower height can be held down to 75 feet in height. Typically 12 feet of separation is the minimum required between different types of antennas. This means that the tower height would need to be increased by that amount for each additional collocation opportunity. Additionally, equipment can only be shrouded at the top of the tower due to structural requirements. This means that any antennas collocated below the top of the tower would require an antenna array to hang off the side of the tower as many older installations have done in the past. Staff is in favor of the variance to allow the reduced height and to prevent the potential for additional antennas and ground mounted equipment from being located in the park. Location This park was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Staff asked the applicant to evaluate the recently constructed T- mobile tower approximately one quarter mile to the north along Crosstown Drive. The applicant indicated that this location was too far north to provide the coverage area that is needed. The applicant will be present at the meeting to discuss the coverage area maps used to make this determination. The applicant has indicated that the location of the tower within the park can be adjusted based on the preferences of the city. The current location allows easy access from the entrance to the park. Staff is not in favor of the proposed location between the basketball court and play structure. If a tower is to be located in this park staff would recommend a more interior location such as near the right field foul pole or outside the fence near straight away centerfield. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided a copy of this license. Staff Recommendation Staff recommends the location of the tower be revised as indicated above or a different site be found altogether. If a tower is to be located in Hidden Creek North Park, staff is in favor of a variance to the collocation requirements as indicated above. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the conditional use permit request. This recommendation should include a preference for approval or denial of the conditional use permit, approval or denial of the proposed variance to collocation requirements and a preference for the location of the equipment within the park. The attached resolution will be modified with the findings of the Planning Commission. Res, 11 , / ourtr V � a y ednarz .� Attachments Resolution Location Map Photosimulation Photograph of Ground Mounted Equipment Site Plan Additional Tower Views Applicant's Letter Cc: Steve Schulz, Clearwire Communications 11225 90t` Avenue N #201 Maple Grove, MN 55369 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 2620 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS HIDDEN CREEK NORTH PARK, HIDDEN CREEK, ANOKA COUNTY, MINNESOTA WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the subject property, and; WHEREAS, Clear Wireless, LLC has requested a variance to the collocation requirements of City Code 9 -12 -6, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, after review the Planning Commission finds recommended approval/denial of the request, and; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves /denies the proposed conditional use permit for a wireless internet tower and antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The tower, antennas and ground mounted equipment shall conform to the plans revised November 3, 2009 except that the location of these items in the park shall be revised as follows: 3) Slats shall be added to the fenced area around the installation to provide screening of the equipment. 4) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9 -12 -9. 5) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 6) 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 -th day of , 2010 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor c i 'r v O F' NDOVER Incorporated 1974 Conditional Use Permit Clear Wireless LLC 2620 Bunker Lake Boulevard NW \ L N 273 U 975, 7090 70 13831 13895 13916 13906 o �� 77 2738 ^ N ^�0 7og oS 7 log, 0 0 13883 I 13900 13901 N N S og 7ogF 9 7o Sg 6 01 3 13871 13860 ^�mo 13871 73 73p ?8 73e39 9 70� gSg �`�Q 878 8 N 73 800 2735 Q�1 7dg ?9 7,83 7 38p8 N 73 >8 8 1 73878 738 1.3,>0 CO ?8 36pg 73878 13642 73j)8 Q A? 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As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEART M, will be available in major metropolitan areas across the U.S, and bring together an unprecedented combination of speed and mobility. Clearwire's open all -IP network, combined with significant spectrum holdings, provides unmatched network capacity to deliver next generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks. Clearwire is currently working on network expansion in Minnesota with over 500 new sites proposed for the Twin Cities service market. Clearwire combines two of the most exciting technological advances of our generation — mobile communications and the Internet -- in order to free their customers to take their rich home or office broadband experience with them anywhere around town or on the go. The system consists of a wireless high -speed modem, about the size of a small book. Customers simply plug the modem into a power outlet anywhere in their home or office and connect the modem to their PC to access the internet. Clearwire operates form a point -to- point, line of site relay system of antennas to provide the Clearwire customer experience is similar to that provided by Wi -Fi, but without the short range limitations of a traditional hotspot. Clearwire uses a 4G technology that differs from Wi -Fi called WiMAX, which provides service areas measured in miles, not feet. Clearwire's typical installation requires an average rad center height of between75' -125' and the equipment footprint is typically 1 single BTS cabinet that fits inside a 7' x 7' area. This "low impact" footprint easily allows for many collocation sites. Over 75% of there sites will be collocations. When there is not a structure in the immediate area to collocate on, Clearwire will agree construct a new monopole, favoring light pole replacements using existing light pole locations, Ball fields, City Parks, etc. Clearwire is approved and licensed by the FCC. Headquartered in Kirkland, Wash., additional information about Clearwire is available at www.clearwire.com. 1685 CROSSTOWN BOULEVARD N.W. *ANDOVER, MINNESOTA 55304 ® (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.AN DOVER. MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne SUBJECT: PUBLIC HEARING: Conditional Use Permit 10 -05 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 14057 Rose Street NW. DATE: January 12, 2010 INTRODUCTION Clear Wireless LLC is seeking to locate a wireless internet antenna array at the top of a city water tower located on this city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. DISCUSSION The attached photosimulation illustrates what the antenna will look like from ground level. The attached site plan shows the location of the tower within the park and the surrounding park improvements, tree stands and residential homes. Additional attachments show the top and all four side views of the tower, including the proposed antenna installation. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located inside the base of the water tower. Review Criteria 12 -14 -6 B. provides the following general 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 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. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9 -12. The collocation requirements of 9 -12 -6 do not apply due to the fact that a new tower is not part of the proposal. Additional future users would need to be evaluated on a case by case basis. Location This site was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Future Changes It is anticipated that the water tower will be removed from the park in the next 5 to 10 years. It will not be necessary to reconstruct a new water tower in the park. The applicant has requested the ability to construct a monopole tower to continue to provide coverage to this area of the city at that time. City Code 9 -12 -3 requires a conditional use permit amendment to review the proposed changes. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the conditional use permit request. Res . pct y mi o fy✓ y ednarz Attachments Resolution Location Map Photosimulation Site Plan Additional Tower Views Applicant's Letter 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 WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS LLC LOCATED ON THE CITY WATER TOWER IN ROSE PARK LOCATED AT 14057 ROSE ST NW AND DESCRIBED AS CITY PARK NORTHGLEN, ANOKA COUNTY, MINNESOTA. WHEREAS, Clear Wireless LLC has requested a conditional use permit to install a wireless antenna array on the city water tower on the subject property, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, 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; WHEREAS. The Planning Commission 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 hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 10, 2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 4) The applicant shall be required to obtain a conditional use permit amendment to construct a monopole on the site at the time the existing city water tower is removed. 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: Michael R. Gamache, Mayor ANL66WA Conditional Use Permit Incorporated Clear Wireless LLC 1974 14057 Rose Street NW � 3620 z 14140 Of M r M M CO W N N r � M M 00 (.0 M M ^�' 13852 [. 13844 14184 M 14181 14165 M 1 M 1 co I CO 14136 14133 0 Cl) 14120 14104 14117 14101 M N LN 14241 M � O W O M �C\, M O �p N M M 14229 14234 ��, CO CO lzr 4 14235 m CO 14240 N 14224 14223 N W N r o N `" `r r 14218 14217 ti w Q 14216 Q; F 14220 uj 1421914212 M M c W !16 z 14215 J 14208 1420714210 °� 1420914206 d M l M 3� It M N r O � 142NDAI 14197 � 3620 z 14140 Of M r M M CO W N N r � M M 00 (.0 M M ^�' 13852 [. 13844 CO CO) Ln M M M M CO M M 3408 1414114168 1412914152 14184 _ LO 14181 14165 14149 14136 14133 0 Cl) 14120 14104 14117 14101 M N M M LO to dm dM M 'C M M M M M M U( It M N r O � M N M M M M M M M M M M CO CO) Ln M M M M CO M M 3408 1414114168 1412914152 14184 _ LO 14181 14165 14149 14136 14133 0 Cl) 14120 14104 14117 14101 14065 LL) LO _ LO I� M M u) M 14041 14058 1405914056 14044 �S h 14044 1404314042 14024 14029 14030 ®1402714026 � � O't 1401 14018 M M M CO M ' AVE LuLJ 14006 0 140TH 39 3338 M 13994 14001 t v 1399713986 13981 13988 0 o M u) 13987. 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Io \( . { ` » m' m,» ±s2m9# e§) l, §..: H ZZ#OdSW -NW e , •§ �) � /} ; - -- v BUELL CONSULTING., INC. 2324 University Avenue West, Suite ZOO Site Acquisition Saint Paul, Minnesota 55114 -1854 Permitting Est. 1991 (651) 225 -0792 Fax (651) 225 -0795 November 18, 2009 Andover City Council and Planning Commission City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 -2612 RE: Clear Wireless LLC Applications for Conditional Use Permits To Attach Antennas to City of Andover Water Towers Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC ( Clearwire) is applying for conditional use permits to attach antennas to City of Andover water towers at 1717 Crosstown Boulevard NW ( #MN- MSP304) and at 14055 Rose Street NW ( #MN- MSP422) in Andover and to locate ground equipment inside the base of these towers. Relating to these requests, enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. Two checks in the amount of $400 each for the application fee these antenna sites (two additional checks in the amount of $130 each to cover the public notification sign and the recording fee are forthcoming); 3. A set of plans for each of the sites consisting of small and large scale site plans and north, east, south and west elevation plans; 4. A photograph of each of the water towers with antennas simulated on them; and 5. A letter from Radio Frequency Engineer Gyan Pandey of Clearwire addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two maps are attached which model service coverage in the City without and with the five proposed Andover sites activated. Clearwire is a high speed broadband internet provider based in Kirkland, Washington who 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 a little more than one mile apart is required. Clearwire's standard antenna configuration consists three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The Crosstown site has a fourth microwave dish antenna. The area surrounding the antenna site is, for coverage purposes, divided into three sectors and panel antenna are oriented at 30 degrees, 150 degrees and 270 degrees to serve these sectors . A small radio and a dish antenna which serves to "network" or tie the sites together are located next to the panel antennas. Equipment consists of a base station (43 "H x 47 "W x 30 "D) is located on the ground, in these cases inside the base of the towers. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Our understanding is that the Planning Commission will consider these conditional use permit requests at their meeting on December 8, 2009, if the City Council decides to move ahead with these two antenna sites at its meeting on November 24. Please contact me at 763 - 245 -4852 or DAHaaen(c)Live.com if additional information is required. Thank you. Sincere y. David Hagen, B 1 Consulting, Inc. Agent for Clear Wireless LLC F 4� ` , 1685 CROSSTOWN BOULEVARD N.W. s ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plarm r SUBJECT: PUBLIC HEARING: Conditional Use Permit 10 -04 to consider telecommunications antennas for Clear Wireless, LLC on city water tower located at 1717 Crosstown Boulevard NW. DATE: January 12, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides of the city water tower located adjacent to City Hall. A conditional use permit is required to locate antenna above 35 feet in height. The water tower is 166 feet tall. DISCUSSION The attached photosimulation illustrates what the antennas will look like from ground level. The attached site plan shows the location of the tower within the City Hall Complex. Additional attachments show the top and all four side views of the tower, including the proposed antenna installation. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located inside the base of the water tower. Review Criteria 12 -14 -6 B. provides the following general criteria for granting conditional use permits: In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning 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. City Code 9 -12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9 -12. The collocation requirements of 9 -12 -6 do not apply due to the fact that a new tower is not part of the proposal. Additional future users would need to be evaluated on a case by case basis. Location This site was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Staff Recommendation Staff recommends approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Planning Commission is asked to make a recommendation to the City Council on the conditional use permit request. Zct Zarzi rt Attachments Resolution Location Map Photosimulation Site Plan Additional Tower Views Applicant's Letter 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 WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW AND DESCRIBED ON ATTACHMENT A WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the city water tower on the subject property, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, 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; WHEREAS. The Planning Commission 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 hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 11, 2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 4) 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 -th day of 2010 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Resolution R EXHIBIT A Legal Description THE W 330 FT OF NEl /4 OF SE1/4 OF SEC 22 TWP 32 RGE 24, EX THAT PRT OF FOL DESC TRACT LYG WITHIN SD W 330 FT: COM AT A PT ON E LINE OF SD 1/4 1/4 935.81 FT NLY OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MIN 30 SEC W TH W 125.01 FT TO W R/W LINE OF CSAH NO 78 & POB, TH N 0 DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT, TH S 20 DEG 49 MIN 09 SEC E 55.74 FT, TH E 206.56 FT, TH ELY 109.76 FT ALG A TAN CUR CONC TO S HAV A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH ELY 95.26 FTALG A REV CUR CONC TO N HAV A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH ELY 105.76 FT ALG A REV CUR CONC TO S HAV A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC, TH E TAN TO SDCUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTER/W A LINE DRAWN W FROM POB, TH E 82.29 FT TO POB, EX RD, SUBJ TO EASE OF REC 15416 C 1'1'Y O F NDOWR Incorporated 1974 m 15302 15355 Conditional Use Permit Clear Wireless LLC 1717 Crosstown Boulevard NW 15400 1641 `� 15211 City Hall 15200 z_ ark Complex #1 G) 2 -i Z m T@2�--2 I I 15026 leuaa 15081 508 14995 75078 75081 15072 1507310U 74987 N� w N °n 1506 ^ 14967 O ! 1900 15087 4853 150651 Sunshine Park 1 14939 1492 4 7503 74978 150351503 14950 14977 503175030 75029 N ry ryp N iwi 4905 1501 499 502115 1502 15916 > y n 501 1869 7919 e9a 7501 7900 148 -- 1500 5004 4995 500 48 2 00� p 1481 749971502 499 7499 1970 1920 14789 1479 1478 1477 14997 m y N u 1477 .- i= 715 "c > 1969 1919 1497 1498 476 1476 7543 O 75431 °a�� o ^a6ay wu •� N >,�s'�ss ZQ 1537 > wa > a9p >9? 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Wo H O Ea y`° F LL 0 z ;� U °< Z z E 6 S —wi 0 Z O n¢3 Fw g s d o f gaw o a €a oq 3 a Z w M $; 0 MIXN w wTg .° L 3 8 j G 8" ws °o E §S S - 95 � W sSEs ^.8 w 5 -5 1 b0£SS NW `M3AOONV MN MIS NMO1SSONOLLL6 yg;" sas s 1 t�3a, 170£OdSW-NW omml U " OEMV� J11 Y . ,, 1111 SL-PAN OAl9 NOSNVH 3a Z g a W a Fn °n u�6f MESS NW'213AOONtfisaa ° g ®-► a" MNOAl8NMO1SSOM3LLL CN °easae ti0£OdSW-NW y� a ^� C4 r 99 � ee %RH as b a� 4 j s; no Z 3 IL LL O O � ggpp $g g PP SSAus Hgk op 3N Bg.g S� 89H 6m :SE SW - M / \ y I P 4 9 5 F � s 3 No \ H i g¢ 3 C g° 4 5e a a LU o0 a K Q J a / �E)\ _a m� mom E.R ( , CO /\ J. _ae_a22olE� bR§Q #OEOdSW -N W 75� || ,! ) _ \ � ) � aj | % �,! § � bFlili . o � m , $ | % �,! § � ( . o m POO � BUELL CONSULTING, INC 2324 University Avenue West, Suite 200 site Acquisition Saint Paul, Minnesota 55114 -1854 Permitting • Est. 1991 (651) 225 -0792 Fax (651) 225 -0795 November 18, 2009 Andover City Council and Planning Commission City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 -2612 RE: Clear Wireless LLC Applications for Conditional Use Permits To Attach Antennas to City of Andover Water Towers Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC (Clearwire) is applying for conditional use permits to attach antennas to City of Andover water towers at 1717 Crosstown Boulevard NW ( #MN- MSP304) and at 14055 Rose Street NW ( #MN- MSP422) in Andover and to locate ground equipment inside the base of these towers. Relating to these requests, enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. Two checks in the amount of $400 each for the application fee these antenna sites (two additional checks in the amount of $130 each to cover the public notification sign and the recording fee are forthcoming); 3. A set of plans for each of the sites consisting of small and large scale site plans and north, east, south and west elevation plans; 4. A photograph of each of the water towers with antennas simulated on them; and 5. A letter from Radio Frequency Engineer Gyan Pandey of Clearwire addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two maps are attached which model service coverage in the City without and with the five proposed Andover sites activated. Clearwire is a high speed broadband internet provider based in Kirkland, Washington who 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 a little more than one mile apart is required. Clearwire's standard antenna configuration consists three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The Crosstown site has a fourth microwave dish antenna. The area surrounding the antenna site is, for coverage purposes, divided into three sectors and panel antenna are oriented at 30 degrees, 150 degrees and 270 degrees to serve these sectors . A small radio and a dish antenna which serves to "network" or tie the sites together are located next to the panel antennas. Equipment consists of a base station (43 "H x 47 "W x 30 "D) is located on the ground, in these cases inside the base of the towers. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Our understanding is that the Planning Commission will consider these conditional use permit requests at their meeting on December 8, 2009, if the City Council decides to move ahead with these two antenna sites at its meeting on November 24. Please contact me at 763 - 245 -4852 or DAHagena,Live.com if additional information is required. Thank you. S' cerely, David Hagen, B 1 Consulting, Inc. Agent for Clear Wireless LLC