Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09/08/09
A NLb Y 0 j3#1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda September 8, 2009 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — July 14, 2009 3. PUBLIC HEARING Conditional Use Permit Amendment (09 -07) to extend approval of land reclamation at 2748 161 Avenue NW. 4. PUBLIC HEARING City Code Amendment to consider changes to City Code 12 -9 Home Occupations to add educational petting zoo as a conditional use. 5. PUBLIC HEARING Conditional Use Permit (09 -08) to allow a telecommunications antenna within Prairie Knoll Park. 6. Other Business 7. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - July 14, 2009 DATE: September 8, 2009 Request The Planning and Zoning Commission is asked to approve the minutes from the July 14, 2009 meeting. PLANNING AND ZONING COMMISSIONMEETING — JULY 14, 2009 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on July 14, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: None. Also present: City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. May 12, 2009 Motion by Kirchoff, seconded by Falk, to approve the minutes as presented. Motion carried on a 6 -ayes, 0 -nays, 1- present ( Holthus), 0- absent vote. PUBLICHEARING: CONDITIONAL USE PERMIT (09 -05) TOALLOWA USED CAR DEALER AT 3075162 LANE NW. Mr. Bednarz explained the applicant from the recent application for used vehicle sales at 3149162 d Lane NW has withdrawn that application and submitted a new application for used vehicle sales at 3075 162 " Lane NE. Mr. Bednarz reviewed the information with the Commission. Commissioner Holthus asked on page 3, parking stall requirements, under total required stalls it indicates there are seven striped stalls at the front of the site and in the second part it says there are fifteen stalls striped so she wanted to know which was correct. Mr. Bednarz reviewed the drawing with the Commission and explained there are seven stalls that are striped for the property with eight straddling the property line along with other parking areas that are not striped. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 2 Chairperson Daninger asked where else in the City could the applicant do business besides in this area. Mr. Bednarz stated he could do business in any of the General Business areas on Bunker Lake Boulevard but would still be a conditional use that would require this level of review. He could also go to the industrial park south of Bunker Lake Boulevard, on the west side of Hanson and other sites within this industrial park. Chairperson Daninger stated there was mention of parking stalls and there is a business on the west side of the parking lot and were they notified of what this applicant was doing and does not have a problem with it. Mr. Bednarz stated it is the same owner on both sides of that property line. Chairperson Daninger asked if the only difference in applications was the location. Mr. Bednarz reviewed the changes with the Commission including larger office space and a more industrial site. Commissioner Falk asked if the applicant had addressed the City Council's comments from the last page of the minutes. Chairperson Daninger thought that the items referred to the other site. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 7- ayes, 0 -nays, 0- present, 0- absent vote. Mr. Frank Sud, 15956 Drake Street NW, made a presentation to the Commission showing how the site had been cleaned up. He also explained that he has done everything he can to meet state and city requirements and that it is not his intention to have a used car lot full of vehicles. Commissioner Holthus asked if Mr. Sud planned on storing vehicles in the bays. Mr. Sud stated the bays will be used for cleaning cars before they are sold. He will meet people there to show cars. Commissioner Holthus wondered what was done with all the junk that was on the site. Mr. Sud indicated it was recycled. Commissioner Kirchoff asked if the dealer license had hours of operation already stipulated in it. Mr. Sud stated he was not certain of that at this time but was willing to abide by whatever rules are needed. He stated the business will be run by appointment only.' He stated he would like to do more research on the hours of operation but will follow what the State and Andover require. He stated he did not want to use a car lot to advertise his vehicles. That is not the way he wanted to run his business. Commissioner Walton asked what made this site more desirable than the previous site. Mr. Sud thought there was some concern by the tenants of the other site in regard to the display area and cars with for sale signs on them there. He added that this was not his intention. Also there was concern about who owned the property and other things. He Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 3 stated the current site is very secluded and will not be an impact on anyone. He thought this will be a far better location than the other site. Commissioner Casey asked if he will be doing any consignment for vehicles. Mr. Sud thought it will be more of a search and find. Motion by Commissioner Walton to close the public hearing. Chairperson Daninger indicated he had more questions for the applicant. Commissioner Walton withdrew his motion to close the public hearing. Chairperson Daninger asked if Commissioner Falk was comfortable with the answers given by the applicant. Commissioner Falk indicated he was. Chairperson Daninger asked Mr. Sud if he had seen the resolution before the Commission and understood it. Mr. Sud indicated he had. Chairperson Daninger asked if there will be any advertisement on the building or street. Mr. Sud stated if the City requires it he will do it. He will do whatever is required but he did not plan on using signs to do advertising. He stated his business will work by word of mouth. Chairperson Daninger asked if the source vehicle for the perspective buyer be brought to this site. Mr. Sud stated they will. Chairperson Daninger asked how the vehicles will be delivered. Mr. Sud stated he will pick the vehicles up himself using his dealer plates. He will bring drive the vehicle to the site and clean it up for the prospective buyer. Chairperson Daninger asked how many vehicles will be at this site at one time. Mr. Sud stated he planned on zero to two vehicles. At most there may be a display vehicle and one that is being picked up. Chairperson Daninger commended Mr. Sud on all the work he has done cleaning this site up but he wanted to make sure Mr. Sud realized this is not approved yet. Mr. Sud stated he did realize this but knew he needed to spend money in order to get his business going. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Holthus asked what happens if the business is really successful and Mr. Sud ends up having five or ten cars at a time. Mr. Bednarz stated the resolution and conditions of approval govern the operation and one of those conditions is he would be limited to one vehicle in the parking area. If expansion were to happen Mr. Sud would have to come back and amend his permit. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 4 Commissioner Kirchoff asked if it was the applicant who suggested the one vehicle at the time the first permit was requested or the proposal from the City. Mr. Bednarz stated that was the applicant's proposal. Mr. Sud nodded in agreement. Commissioner Walton asked what will prohibit the building from falling back into disrepair or having more than one vehicle. Mr. Bednarz stated the City does respond to complaints and while there are businesses in this area with rights that preceded current requirements, new permits and the interim development standards can help to update these sites. Permits can also be revoked if the area is not kept up. Commissioner Cleveland wondered since the applicant did not own the building who would pay for the improvements. Mr. Bednarz stated that was a matter for the owner and applicant to work out. Commissioner Holthus thought the interim standards are inappropriate and unreasonable for the Hughes Industrial but she thought striping the parking stalls was appropriate. She asked if seeding the north side of the building was needed. Mr. Bednarz stated it is under staff recommendation for seeding but he was looking to the Commission to see if they wanted it included in the resolution. Commissioner Holthus thought that area of the site was not very visible and seeding was not that important, however the stalls for the striping was an appropriate recommendation to make. Chairperson Daninger asked what the State regulation was for hours of operation. Mr. Brabant indicated the business has to be open four hours a month minimum. The Commission discussed hours of operation with staff and the applicant. Motion by Walton, seconded by Holthus, to recommend approval of the conditional use permit with staff recommendations and with business hours not to exceed 6:00 a.m. through 9:00 p.m. Monday through Saturday. Commissioner Kirchoff stated if someone goes to the site at 10:30 at night to make a deal he did not think it would affect anyone in the area. Chairperson Daninger noted the Commission did not have a lot of issues with the time and hours by appointment but wanted to get something narrowed down for the Council. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 21, 2009 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 5 PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES TO ADD CAR WASHES AS A PERMITTED ACCESSORY USE TO AUTOMOBILE SERVICES STATIONS. Mr. Bednarz stated the proposed amendment is intended to clarify where car washes are allowed in the City. Mr. Bednarz reviewed the information with the Commission. He noted that they may want to discuss whether car washes are appropriate in the Neighborhood Business Zoning District, adjacent to a residential area Motion by Holthus, seconded by Casey, to open the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. No one wished to address the Commission. Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Kirchoff asked when a person comes in for a permit is that when hours of service is discussed. Mr. Bednarz stated it would. Chairperson Daninger asked what was the zoning of Marathon Gas Station in Clocktower Commons. Mr. Bednarz stated it is the Shopping Center Zoning District. Chairperson Daninger stated an example is the gas station at Bunker Lake Boulevard and Crosstown extension and asked if would they want to see a car wash as a permitted accessory by residential homes. Commissioner Kirchoff thought that was where the hours of operation came in and if the hours were reasonable it would probably serve the area. Commissioner Walton wondered if they could have a self serve car wash near a residential area because he thought the dryers from full service car washes would be the noise maker and the concern. Mr. Bednarz commented that vacuum and car radio noise may also be factors. Chairperson Daninger stated he did not think car washes are appropriate in the Neighborhood Business Zoning District because of the traffic and noise. He thought there could be circumstances where reasonable hours of operation would still cause problems. Commissioner Falk agreed with Chairperson Daninger on excluding car washes from the Neighborhood Business Zoning District and thought the rest of the recommended changes were appropriate. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 6 Chairperson Daninger stated there are two ways to look at this, one is that it will be allowed but needs a permit so the Commission would have a chance to review it or alternatively it would not be allowed. Mr. Bednarz stated that was correct. Motion by Walton, seconded by Kirchoff, to approve the proposed amendment to the City Code as recommended, except to remove car washes as a permitted accessory in the Neighborhood Zoning District. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the July 21, 2009 City Council meeting. OTHER BUSINESS. a. Fence Height Discussion Mr. Bednarz explained staff received a request to review the maximum fence height in side yards. Mr. Bednarz reviewed the resident request to allow a six foot tall fence in the side yard of a corner lot. He added that the Engineering staff did not have a concern about traffic visibility and other cities that were surveyed allow a six foot fence in side yards on corner lots. Chairperson Daninger noted a letter from Aaron and Andrea Jarson regarding this item. Commissioner Cleveland asked if they are doing this item this way instead of a variance because there is not really a hardship here so they are looking for a code change rather than a variance from current code. Mr. Bednarz indicated that was correct because this situation probably exists on perhaps seventy to one hundred lots in the City. Commissioner Cleveland asked if the fences to the west were six foot fences. Someone in the audience indicated they were. Commissioner Kirchoff stated his only concern would be the site line triangle and thought it has been met with this site. He stated as long as the site line triangle and safety issues are addressed he supports a six foot fence to the front of the home. Commissioner Walton thought what made this unique is that there is a trail there which sets the house and fence in off the corner a little bit more than what they might find with the other lots. Regular Andover Planning and Zoning Commission Meeting Minutes — July 14, 2009 Page 7 Commissioner Falk asked how far away from the trail did a fence need to be. Mr. Bednarz stated the fence needs to be on private property and generally trails are at least one foot into the right -of -way. Chairperson Daninger noted the Commission was in agreement with staff to bring this to the City Council for recommendation of change. b. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Falk, to adjourn the meeting at 8:21 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary Timesaver Off Site Secretarial, Inc. 3 C 1 T v o r ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City PlannqJ SUBJECT: PUBLIC HEARING Conditional Use Permit Amendment(09 -07) to extend approval of land reclamation at 2748 161 Avenue NW. DATE: September 8, 2009 INTRODUCTION The applicant has an existing permit for stockpiling up to 3,000 cubic yards of topsoil on the subject property. The permit will expire in December of this year. The applicant is requesting to extend this permit for an additional three years. DISCUSSION Background The permit was initially issued in 2003 with a maximum of 15,000 cubic yards of material. Much of the material originated from the Round Lake Boulevard reconstruction project. The stockpile has been reduced over time. The permit was extended in 2007 with a limit of 3,000 cubic yards. As demand has slowed, the remainder of the stockpile has been reduced less quickly and ground cover has been established to prevent displacement to surrounding properties. There have been no complaints or other issues with the applicant since the permit was issued in 2003. Authority to Review The conditional use permit allows the city to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of the permit, site restoration, etc. Type of Material The material is topsoil generated from various excavating jobs in the area. No concrete, asphalt or other construction material or debris has been or will be allowed to be stored on the site. Transportation 161 Avenue will continue to be the primary transportation route. Temporary signs are posted during the times when material is being hauled to and from the site. The applicant has an agreement with the property owner to the west for shared access to the driveway shown on the aerial photograph. Hours of Operation The existing permit has hours of operation limited to between 7:00 am to 6:00 pm. No changes are proposed. Length of Permit The applicant is requesting the permit extend through December 1, 2012. Storage Area The material will be located toward the southwest corner of the site where it will be protected from wind by existing trees. The location will be approximately 700 feet away from the nearest residential structure. In addition, the stockpile will be required to be seeded and mulched to prevent displacement. Northern Natural Gas The applicant will need to cross a natural gas pipeline to access the storage area. The original letter from Northern Natural Gas is attached. The berm requirement was met in 2003 and has been maintained since that time. Annual Inspection This type of permit has typically been subject to an annual inspection to ensure the terms of the permit are being observed. As indicated above, there have been no issues with the permit since it was issued in 2003. Additionally, staff will inspect the site at the end of the permit period to make sure that the site has been appropriately restored. ACTION REQUESTED The Planning Commission is asked to hold a public hearing and make a recommendation to the City Council on the proposed extension of the existing conditional use permit Attachments Resolution Location Map Aerial Photograph. 2003 Letter from Northern Natural Gas R e 1 ub 'tted, ednarz Cc: Grant Schmitt 2748 161 Avenue NW Rocky Lindberg 7720 South Orinoco Circle Stacy, MN 55079 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND THE APPROVAL OF LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 AVENUE NW(P.I.D. 16- 32- 24 -42- 0001), LEGALLY DESCRIBED AS; THE Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record. WHEREAS, Grant Schmitt has requested a Conditional Use Permit to extend the approval of the existing conditional use permit to allow land reclamation to continue for a three year period on property located at 2748 161" Avenue NW; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of the City Code; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon 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 has received the recommendation of the Planning Commission and approves the conditional use permit to allow land reclamation subject to the following conditions: I. The volume of material stockpiled on the subject property shall be limited to a maximum of 3,000 cubic yards. 2. The permit shall be limited to three years and shall expire December 1, 2012. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 4. The applicant shall maintain a 3 -4 foot berm over the portion of the Northern Natural Gas pipeline that will be crossed by trucks. The berm shall be removed when hauling has been completed. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. 6. The stockpile shall be located in the southwest quadrant of the subject property. 7. The stockpile shall be seeded and mulched to prevent displacement. 8. The hours of operation shall only be between 7:00 am and 6:00 pm. 9. The subject property shall be restored to a level condition and groundcover shall be established when the material has been removed and/or at the time the permit expires. 10. Mining of material beyond the imported stockpile shall be prohibited. 11. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this _ day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk C f 11 Y 0 F ANNODOWE N49� Incorporated 1974 Conditional Use Permit 2748 161st Avenue NW 1 3M 165TH -, Tan El ... ..... . . a wean 164af 40 ,e a �� 1 an ,e.m : "V / / vaw �. t � > N. AVE: � is. t 15 3 �� ..... m -� — ___ xn � .� __ ---- ----- - 11n4 2779 - -------- ... — T -, \ J Isao .1 Ir 71 T 2830 2452 P zIss 'k I .1 sm 2111 .Is Is001 NY ]14 'dwe \ is 7- 4T 2. . Subject Property Location Map N W— E S 'I i"\.:- ... 'H , T ;~- ---_.- _ w',_,'__,__,__"" _._- ~mm ';'1 ~ri" :: -. ~ ,.~-' f ~ , \ (: , !. '. l I , -, -J " Dec -02 -2003 03:34pm From - FOREST LANE CONTRACTING 0 Northern Natural Gas 1 WOAOIr1 .NY CYt ". 1 �Oyr1NI December 2, 2003 Mr. Bob Moorhouse Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 RE: Crossing of Northern Natural Gas Pipelines Dear Mr. Moorhouse: +6514644722 T -895 P.002/002 F -813 Northern Natural Gas Compam 6579 42oth Street P.O. Box 309 North Branch, MN 55056 651 674.4408 Northern Natural Gas would not object to Forest Lake Contracting temporarily crossing over our pipelines in Anoka County. The crossing will be specifically and only South of Highway 20 and East of Highway 9 approximately V4 mile, Forest Lake Contracting hereby agrees to berm over Northem Natural Gas's pipeline .with approximately 3 -4 feet of additional earth cover. When Forest Lake Contracting has completed the dirt hauling, the berm will be removed from the pipeline easement. Sincerely, NORTHERN NATURAL GAS COMPANY Leland Mann Right of Way Agent Agreed and accepted this.;L� day of December 2003, by (printed nar}e) the _ b of Forest Lake Contracting. � rit, 2, l/+�6-tz (title) TnTai P a;' DEC 02 2003 15:43 +6514644722 PAGE.A? La C I T Y O F NDOWE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planne� SUBJECT: PUBLIC HEARING City Code Amendment to consider changes to City Code 12 -9 Home Occupations to add educational petting zoo as a conditional use. DATE: September 8, 2009 INTRODUCTION A resident presented an idea for an educational facility for special needs students to the City Council at the July 23` Work Session. The Council was generally in favor of the idea and asked that the Planning Commission work through the details of how this type of use would be allowed. DISCUSSION The attached letter provides a detailed description of the proposal and the staff report compares the proposal to existing zoning regulations. Due to the fact that the applicant's proposal would be run as a business from a residential property some adjustments to the City Code would be necessary for it to be allowed. It is important to note that an amendment to the City Code could potentially allow this type of use on other properties as well. Therefore, the Commission should look beyond the details of the current proposal as it considers the potential language of a City Code amendment. Council Discussion The Council felt that this use was somewhat similar to agricultural uses in the rural areas of the city. Keeping animals is permitted on rural properties. The difference in this case is that teachers and students will be traveling to the site to visit the animals. The Council thought this could be treated as a conditional use, which affords the ability to attach reasonable conditions of approval and annual review. The minutes from the Council Work Session are attached. Comparison of Proposal to Current Number of Animals Permitted on Rural Properties The applicant's proposal would include 5 or 6 animals. The attached ordinance summary shows how the keeping of animals is currently regulated by the City Code and the number of animals that could otherwise be kept on the 8 acre subject property. Type of Animal Quantity City Code 24 (up to 3 on 2.5 acres and 1 additional per pleasure /recreation animals half acre above 3 acres. No more than 3 per 5 -18 -5 acre on parcels 5 acres or larger) 8 (5 plus one additional per acre above 5 12 -12 farm animals acres, maximum of 20) additional farm animals are a conditional use As determined through process 12 -12 OTHER ASPECTS OF THE PROPOSAL Parking The attached letter indicates that no more than one bus will be present on the site at one time. The existing driveway loops around the front of the property and provides enough space for a bus to park and turn around. Hours of operation The applicant has indicated that activity will take place during regular school hours eventually throughout the year. There would be no weekend or evening events. Accessory Structures 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. A barn and an open air accessory structure exist on the property for a total of approximately 3,200 square feet. This is less than one percent of the area of the 8 acre property. City Code 12 -5 -5 requires structures that shelter animals to be located a minimum of 100 feet from adjacent homes and 50 feet from adjacent property lines. The existing barn is located approximately 100 feet from the west property line and greater distances from other property lines. The existing open air accessory structure is located approximately 20 feet from the west property line. Structure of City Code Amendment There are two areas of the City Code where this type of use could be included. One is City Code 12 -9 -3 Home Occupations in Accessory Structures. The other is City Code 12 -12 Permitted, Conditional and Prohibited Uses. Due to the fact that the proposed use is different than others contemplated in City Code 12 -9 -3 and would not fit well with the specific regulations of this section, staff recommends that City Code 12 -12 be amended to provide for this use. City Code 12 -9 -3 is attached for your review. The proposed City Code amendment is also attached. Attachments Proposed City Code Amendment Applicant's Letter Location Map Aerial Photograph Related Ordinance Summary City Code 5 -1 C. Non Domesticated Animals City Code 12 -9 -3 Home Occupations in Accessory Structures Council Minutes ACTION REQUESTED The Planning Commission is asked to hold a public hearing, discuss the proposed amendment and make a recommendation to the City Council. Re ec itted, urt e y ednarz Cc: Lauren Fischel 4618 165 ' Avenue NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ADD EDUCATIONAL PETTING ZOO AS A CONDITIONAL USE ON PROPERTIES LARGER THAN FIVE ACRES IN SIZE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION 2: DEFINITIONS EDUCATIONAL PETTING ZOO: A facility that provides supervised educational interaction between students and animals on properties larger than five acres in size. CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Permitted, Conditional, and Prohibited Uses Zoning Districts R -1 R -2 R -3 Educational Petting Zoo on gronerties C C C _ lar er than five acres Adopted by the City Council of the City of Andover on this ^ day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Lauren Ingrid Fischel 4618 165' Ave. NW Andover MN 55304 Mr. Courtney Bednarz Andover City Planner. 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 Dear Mr. Bednarz, Thank you so much for the time you spent with me on June 24` working to make my business venture fit into the city, ordinances. Hopefully, the following description of the therapy program will help you and your colleagues understand the program's structure and content. I presently reside at 4816 165' Ave. NW, Andover MN. Currently this property serves a dual purpose as my home and a rescue facility for a small number of animals. My professional vocation is that of a special education teacher in the areas of Learning Disabilities and Emotional Behavior Disabilities. My hope is to turn this farm into a therapeutic facility for special education students, specifically students with autism and/or developmentally /cognitively delays. There has been much scientific evidence to support the benefits of animal therapy for students with these types of disabilities. The advantages of working with farm animals is that most of these children would never have the opportunity to interact with them. Farm animals do not require intense interaction (like dogs do) and they are fun to be around with all their funny noises and shapes. The presence of animals completely changes the dynamic in a therapy situation. When an animal is introduced, a person's blood pressure is reduced; shy people come out of their shells; people say things to an animal they wouldn't risk saying to another human being. Because animals are non judgmental; they don't care how old you are; what you look like; if you have a disability or have committed a crime. They accept you as you are. With the many laws that govern special education, schools have government funding available to spend on programs that have proven successful in helping students with disabilities. Unfortunately, very few programs of this type exist. The Andover Therapy Program (A.T.P.) would involve minimal structural changes to the existing farm's location and be set up much like a small petting zoo. In a contained area of the farm, away from the existing animals, approximately five additional pens would be added. These pens would house animal breeds that were safe and appropriate for persons with disabilities. Schools attending this program would transport a small number of students and their special education teachers and para- professionals (teaching assistants) in school buses to visit with the animals. The students would interact with the animals and also learn about their history, grooming and care. The staff at the farm accompanying the students would include myself and a licensed School Psychologist. The program would acquire all essential insurance and would most likely be re- classified as a limited liability corporation. At no time would there be more then one school bus on the property. The program would serve no more than three groups of students (from different schools) in a day, with each group spending approximately two hours at the farm. The inception of the program would be of short duration, with the programs start date targeted for June 1, 2010. The farm would be available for visits in June, July and August. The following year, 2011, the program would expand to include both the summer and the school year with the exclusion of the winter months (November — March). I hope this information has provided you with a clear vision of the Andover Therapy Program. Combining special needs children and rescue animals is my passion. As a teacher, I know well the privilege of working with special needs and at -risk students. I have witnessed a hardened street kid melt while restoring faith in an abused horse. I hope you will agree that establishing the Andover Therapy Program (A.T.P.) fills an essential need in our community of learners with disabilities. Since this type of program does not yet exist, I need your assistance to help make Andover more responsive and receptive to programs that serve to better the community for all. Sincerely, Lauren Ingrid Fischel I T V 0 F 9kVNkD6OVWERJtk Incorporated 1974 City Code Amendment Educational Petting Zoo T. T M 0 O CD ,7- 4637 4515 410 -1B5T.H AVE-- teNt 1JM74 4637 'VeN' =MT LN --- ----- IM4 4970 ---- ----- Ola 4851 aex9 ... .. ..... 5WS i M37 16351 ` 1f1r 4613 1WW ' _� ' M41 162iXI MID 47M 4nG 10M) Iwo isle I/ 41V -U ------- 4755 4M leM 1601 Woo � term .... ........ 161M 1161111 4944 4814 � ab4 nxxe 4M 4M 4681 M15 1-7 0MCNIX) 4121 41M M �w 4na ia(W 1SM' 1.7 1WM too, 5113 Z w IM14 1MI5 1N14 8015 J 4 15961 Be 15964 C 159' 14994 less" if@05 4151 1.- 159 z 159,35 1 �1 ism 1690, I 4731 4517 -is 4613 4m) 4en L— . ...... . ... M subject Property Location Map N W- E S ;,C P x4444 .'. 4 ! 1 wG r S T • f I� ot r! r jig t 10 1 x c l� p 4 p t t « I 1 x k ♦ 9 � � ! Jt j o v it I �•3 ,-Sf' �} � � e f `.,i r . Ti a` � 1' It "Y r r�, �.F `: H .• 1 i J I I <t E U ♦� IS � Y 4Q� ®may] r i tiJ t F L e r¢�9 Q s ��,,,r r� • ° � : R�"'�, '• f ^�`; � a' ` ! x��A "'- Related Ordinance Summary Definitions ANIMALS, PLEASURE/ RECREATIONAL: Horses, ponies, foals, donkeys, burros, mules, alpacas and llamas. ANIMALS, FARM: Animals commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, and other similar animals, excluding poultry. NON - DOMESTICATED ANIMAL: Any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. POULTRY: Domestic fowls, such as chickens, turkeys, ducks or geese, raised for meat or eggs. City Code 12 -12 Excerpt - Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4. Non - domesticated Animals This section of the City Code is attached due to the number of details that are not easily summarized. Non - domesticated animals are not a part of the applicant's proposal. R -1 R -2 R -3 R -4 Keeping of pleasure /recreation animals on residential properties at PA PA PA PA least 2.5 acres in size in compliance with Title 5 Keeping of up to 5 farm animals plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to P p P a maximum of 20 animals - Keeping of more farm animals than allowed as a permitted use on C C C residential properties 5 acres or greater in compliance with Title 5 Keeping of poultry on residential properties without municipal P P P sewer and water in compliance with Title 5 - Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12 -4 -4. Non - domesticated Animals This section of the City Code is attached due to the number of details that are not easily summarized. Non - domesticated animals are not a part of the applicant's proposal. CHAPTER 1 ANIMAL CONTROL ARTICLE C. NON - DOMESTICATED ANIMALS SECTION: 5 -1C -1: Definition 5 -1 C -2: Prohibited Animals 5 -1 C -4: Exceptions 5 -1 C -5: Removal And Destruction Provisions 5 -1 C -5: Violation; Penalty 5 -1 C -1: DEFINITION: A "non- domesticated animal' is any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. (Ord. 253, 3 -2 -1999) 5 -1 C -2: PROHIBITED ANIMALS: The following animals are prohibited within the city: A. Any animal or species prohibited by Minnesota or Federal law. B. Any non - domesticated animal or species, including, but not limited to, the following: 1. All skunks, whether captured in the wild, domestically raised, de- scented or not de- scented, vaccinated against rabies or not vaccinated against rabies. 2. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. 3. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. 4. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. 5. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. 6. All raccoons. 7. All apes and monkeys. 8. All other animals which are not listed explicitly above, but which can be easily defined in this article as a non - domesticated animal including bears, wolverines and badgers. (Ord. 253, 3 -2 -1999) 5 -1 C -3: SALES PROHIBITED: No person shall offer for sale, within the city limits, any animal prohibited in Sections 5 -1C -1 and 5 -1C -2 of this article. (Ord. 253, 3 -2 -1999) 5 -1 C -4: EXCEPTIONS: A. Animals Allowed By Permit: 1. Temporary Permit: Any person desiring to keep animals prohibited as described in this article shall obtain a temporary permit from the City Council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animal shall be kept; provided however, that no such permit shall be required for such prohibited animal brought into the city for entertainment, show or promotional purposes only. (Ord. 253, 3 -2 -1999; amd. 2003 Code) 2. Permanent Permit: A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. 3. Conditional Use Permit: Falconry shall require a Conditional Use permit and be subject to State Statute and the regulations of the Minnesota Department of Natural Resources. (Ord. 325A,4- 18 -06) B. No Permit Required For Certain Animals: 1. Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, turtles or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. 2. Persons keeping animals for a public zoo as volunteers, docents or otherwise, bona fide research institutions or veterinary hospitals are exempt from the permit requirement, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. 3. Handicapped persons keeping monkeys trained as household helpers are exempt. (Ord. 253, 3 -2 -1999) 5 -1 C -5: REMOVAL AND DESTRUCTION PROVISIONS: The owner of a prohibited animal shall be notified immediately that the animal shall be removed from the city permanently. If not removed from the city within forty -eight (48) hours, the animal shall be confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty -(30) days shall be assessed against the owner's property. (2003 Code) 5 -1 C -6: VIOLATION; PENALTY: Any person, firm, corporation, or voluntary association which violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with state law. (Ord. 253, 3 -2 -1999) ARTICLE D. HONEY BEES (Apis Mellifera) SECTION 5 -1 D -1: Minimum Requirements for Keeping of Honey Bees 5 -1 D -2: Required Improvements and Maintenance 5 -1 D -3: Violation; Penalty 5 -1 D -1: MINIMUM REQUIREMENTS FOR KEEPING OF BEES: A. Location: Honey bee keeping shall only be permitted on properties that are zoned R -1: Single - Family Rural Residential, R -2: Single - Family Estate Residential, or R -3: Single - Family Suburban Residential and are located outside the Municipal Urban Service Area (MUSA) boundary. B. Lot Size: Honey bee keeping shall not be permitted on any property of less than two acres. On lots of 2 -5 acres, there shall be no restriction on the number of hives, though all other requirements of the City Code shall be met. C. Hive Location Requirements: Every effort should be made to locate hives in the center of the property, as far from the property lines as possible. All hives must be set back a minimum of 25 feet from the 12 -9 -3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and /or require exterior storage: 1. Cabinet making. 2. Woodworking. 3. Repair services. 4. Similar uses as those stated in Subsections Al through A3 of this section. B. Conditions Of Permit:, These home occupations shall be subject to the following conditions: 1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area Of Use: The combined square footage of the accessory structure and /or outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: Setbacks of the accessory building and outside storage area shall be of a magnitude found necessary by the city, but in no case shall there be less than a one hundred foot (100') front yard setback, thirty foot (30') side yard setback and fifty foot (50') rear yard setback or as required in Section 12 -3 -4 of this title. 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials and equipment for the business being stored on site shall be fenced, landscaped and screened in such a manner as to prevent them from being visible at any time of the year from road rights -of -way, public properties and surrounding properties. (Amended Ord. 314 10 -4- 2005) 5. Other Requirements: All provisions in Section 12 -9 -2 of this chapter. (Amended Ord. 8,10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 314 10-4 -2005) -4 ANDOVER CITY COUNCIL WORKSHOP — JULY 23, 2009 MINUTES The Andover City Council Workshop was called to order by Mayor Mike Gamache, July 23, 2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Planner, Courtney Bednarz Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others DISCUSS RESIDENT REQUEST — RESIDENTML PETTING ZOO (AS HOME OCCUPATION) Mr. Bednarz explained a resident at 4618 Roanoke Street NW approached staff with interest in operating a therapy program involving children with disabilities and farm animals on this 8 acre property. Mayor Gamache asked if the house faces toward 10 Avenue. Mr. Bednarz stated it is set off away from the County Road but does face it. Mayor Gamache asked if the resident had all the animals already. Mr. Bednarz stated she did not but would get smaller animals for the kids. Councilmember Bukkila liked the idea of this. Mr. Bednarz stated the applicant is allowed to have the animals but as a business the code does not regulate this very well. Councilmember Jacobson noted they allow dog kennels where there could be more dogs than allowed in districts. He asked if this would be a business in the winter. Mr. Bednarz indicated it would be run three months out of the year according to the applicant's letter. Mr. Bednarz stated if the Council liked the idea they may want to put in some limits and should decide how they would want to regulate this. Mayor Gamache stated he would be fine with allowing this type of business on five acres but nothing less. Councilmember Trude stated she would not want to see a lot of buses coming and going with buses parked along the road. Councilmember Jacobson stated they could make it a conditional use where they would need to come in every year for approval. The Council discussed wording to allow one more than five acres, a Conditional Use Permit, and that the business needs to be reviewed annually and indicate hours of operation. NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER. MN. US TO: Planning and Zoning Commissioners FROM: Angie Perera, Associate Planner *kp SUBJECT: PUBLIC HEARING Conditional Use Permit (09 -08) to allow a telecommunications antenna within Prairie Knoll Park. DATE: September 8, 2009 INTRODUCTION T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park at the location of one of the existing light poles west of the ball field. City Code 9 -12 provides the specific requirements for antennas and towers. DISCUSSION Antenna & Building The proposal is to remove and replace an existing, 80 ft/ tall light pole located on the west side of the ball field with one monopole structure that will be 100 ft. tall and include a cellular antenna for T- Mobile and lighting for the field. The new antenna will require equipment that is proposed to be located on the ground in a 12 foot by 10 foot building next to the base of the monopole. A color photo is attached with this report that provides a visual example of a standard brown, pre- fabricated building with stucco exterior similar to what is being proposed for Prairie Knoll Park. The applicant has indicated that the color scheme is able to be changed. The applicant has not proposed any additional landscaping at this time and is utilizing the existing pine trees in the park as a visual buffer for the antenna and building, which meets the screening requirements of City Code 12 -13 -5. The Engineering & Public Works Department have recommended that the exterior color for the proposed building and shingles should either match or be similar to the existing warming house building located in the park. A color photo of the warming house has also been attached for reference. A building permit will be required with a detailed plan set from the Architect including the specifications of the footing foundation for the monopole. This has also been included as a condition of approval recommended by the Building Department. The enclosed site drawing, photographs and letter from the applicant provide additional information about the proposed installation. 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. Setback Per City Code 9 -12 -8 B, the antenna is required to have a setback of 110 ft. from all structures and property lines unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. The applicant is required to submit this documentation to the City as a condition of approval since the proposal does not meet the setback requirement. In addition, City Code 9 -12 -8 C. states that a tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review Collocation & Height City Code 9 -12 -4 B. requires that towers and antennas shall not exceed 120 ft. in residentially zoned districts. Prairie Knoll Park is located within the R -1 (Single Family -Rural district). The height of the monopole proposed is 100 ft. and meets the height requirement. The City Code requires that a tower of 100 feet or more in height shall accommodate at least three (3) additional users. The proposal does not meet the collocation requirement. The applicant has tried to maintain the integrity of the character and scaling of the park and has therefore not proposed collocation. As designed, the monopole will not allow for optimal collocation for future users due to the limited space remaining and height proposed on the plan set. The monopole is however, dual - purpose in that it maintains the same number of pole structures within the park by providing lighting and also utilizing the same location of the existing light pole as proposed. The Planning Commission is asked to consider the following two options: 1) Accept the proposed 100 ft. height of the monopole and lighting and recommend a variance from the collocation requirements in attempts to maintain the character and scaling of the park. 2) Require the applicant to revise the plan set and extend the height of the monopole so that it allows optimal opportunity for three (3) additional users. The height of the monopole could be extended up to 120 ft. per City Code. Location & Setback Consideration The selection of the proposed location was determined by several factors: • The coverage area desired by T- Mobile. • Utilize existing landscape as a buffer for visual screening • Avoiding conflicts with the use of the ball field complex. • Providing an area that would be accessible to T- Mobile's vehicles while utilizing the existing bituminous path. • Maintain the scale and character of the park by using the same location for the existing light pole while serving a dual - purpose. Access & Proposed Easement A paved access is required to allow service and maintenance to be performed. The applicant is proposing to use the existing bituminous path located on the west side of the ball field, for access to the equipment and antenna. The applicant is aware that this path is not typically cleared of snow throughout the winter months and would need to make their own arrangements to clear the path for access to the equipment. The applicant has indicated that SUV vehicles would be accessing the path. The license agreement with the applicant will provide details for access and maintenance. These items have been included in the attached resolution for your review. Equipment The equipment will be enclosed within the proposed building. A diesel gas, back -up generator will be used only in the event of a power outage and brought to the site only when needed. The generator would be a similar to those used for residential purposes. The applicant has indicated that the sound level anticipated being produced will be similar to that of a household refrigerator. Ballfield Lighting A condition of approval requires the applicant to ensure that the ballfield lighting is replaced to meet the lighting requirements for this type of ballfield. Grading Some minor adjustments will be needed to ensure adequate drainage away from the ground mounted equipment and to prevent unintended impacts on the surrounding area. The applicant has indicated that the elevation of the proposed building will be approximately the same as the path. Directional boring will be done at the tower and at the building so restoration needed will be minimal. Park Commission Review The Park Commission will be reviewing the proposal on September 17, 2009. Their comments will be included and brought to the City Council. 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. RqAn spectfully submitted, t ' Perera Attachments Resolution Location Map Site Drawings Applicants Letter Photos: Aerial of Site, Prairie Knoll Park (3), Example of building & monopole /lighting (2) Cc: Paul Harrington, representative for T- Mobile, Carlson & Harrington Inc.,1683 Chatham Ave., Saint Paul, MN 55112 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A TELECOMMUNICATION ANTENNA LOCATED IN PRAIRIE KNOLL PARK ON PROPERTY LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, T- MOBILE has requested a conditional use permit to install a telecommunication antenna 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 request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) The applicant shall execute a license agreement with the City of Andover prior to commencing construction on the site. 2) The applicant shall be responsible to replace the lighting array to conform with ballfield lighting standards to an equal or better standard than presently exists. 3) The applicant shall be required to relocate the existing irrigation system as necessary to provide coverage of the area surrounding the proposed improvements. 4) The applicant shall be required to restore any disturbed earth and seed as necessary. 5) The applicant shall meet the requirements of the Federal Aviation Administration. 6) The applicant shall provide documentation from a structural engineer regarding the setback requirement as it pertains to the circumstances in event of a collapse as outlined in City Code 9 -12 -8, B. 7) The applicant shall submit a revised plan set without the 20 ft. access and utility easement and design the antenna and building according to the revised plan set. 8) The exterior color for the building and shingles should also either match or be similar to the warming house building located at Prairie Knoll Park. 9) The applicant shall submit a building permit to the Building Department with a detailed set of plans from the Architect including the specifications of the footing foundation for the monopole. 10) The applicant shall be responsible for full maintenance and costs associated for the section of the path from 146' Lane to the proposed tower and building area including but not limited to snow plowing. 11) 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 , 2009 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk V C I T Y 0 F NDOVE -6 6-AN-A Incorporated 1974 Conditional Use Permit Telecommunications Antenna 7 M 4. A S K �,)'.� ®�- "-std �. -. �� I11?��� -_._ _.- \ 1- mv _— F Ni it - T - 7 -1— zRin ;1 50 ISIS !Til a Sze M subject Property Location Map N W- E S 1 C 0 1d 14 ER CIAL REAL ESTATE SERVICES INC. August18,2009 Andover Planning Commission cto Andover Planning Department 1685 Crosstown Boulevard NW Andover, MN 55304 RE: C.U.P. Application —Prairie Knoll Park— 595 —141P Lane NW Dear Sirs and Madams: On behalf of T- Mobile USA (7-Mobile"), please accept this letter and the accompanying application as a request for a Conditional Use Permit to allow T -Mobile to replace and utilize one of the existing athletic field light poles at the Prairie Knoll Park as a telecommunications antenna facility. BACKGROUND T- Mobile is a leading provider of digital communications in the United States with over 12 million subscribers in 46 of the top 50 wireless markets. T- Mobile uses and operates the Global System for Mobile (GSM) communications technology platform, which is the established standard in most countries outside of the United States. T- Mobile is the only U.S. wireless telecommunications provider with a national GSM network, which gives customers the choice of using their T- Mobile number while traveling internationally and supports roaming capabilities for other GSM customers traveling to the United States. T- Mobile currently has a developed wireless network covering the 11 -county Minneapolis/St. Paul metropolitan area. Current plans for expansion in the metropolitan area include deployment of facilities in areas of residential character to meet increased signal coverage and capacity demands. Specifically, T- Mobile has identified the Prairie Knoll Park and surrounding area as a demand area requiring both signal coverage and capacity. CURRENT PROJECT DESCRIPTION T- Mobile is proposing to replace and utilize an existing light pole at Prairie Knoll Park as an antenna facility. The existing light pole is approximately 80' in height and supports one of four (4) existing light standards serving the soccer/football field on the west side of the Park. T- Mobile would propose to replace the existing pole with a 100' pole and remount the light standard below the antenna level (as depicted on the attached plan set). Ground equipment — necessary for the operation of the antenna system — is proposed to be located within a 10' x 12' building at the base of the new light/antenna pole. Service Technicians will visit the site approximately one (1) time per month on a scheduled basis for routine maintenance. Additional visits to the site will only be made under emergency circumstances (equipment failure, power outage, lightening strike, etc.). No special access to the site will be necessary. The GSM system operates on a specific set of channels licensed exclusively to T- Mobile to provide high quality digital communication service for the benefit of the public good. As required by their FCC license, T- Mobile will ensure that no interference to existing, properly licensed users of FCC spectrum takes place. T- Mobile has begun discussions with City Administrator Jim Dickinson on an agreement for use of the Park as an antenna facility location and it is expected those discussions/negotiations will parallel the Planning process. On behalf of T- Mobile, I thank you for your consideration of this request. If you require any additional information, please do not hesitate to give me a call at 612 - 810 -8174. A. Harrington Carlson & Harrington, Inc. Representative for T- Mobile /attachments: Completed C.U.P. Application Legal Description Application Fee - $530 Plan Set —11" x 17" M 3 I am ` AL df n. \ -!/ If' /; 1._, t':{/,. i i'll I I. rt 1-:''', . ~ --- '. ., .. y 2 Mi a tl ✓ t <& y C k F ` u'i ?x1P_t� i Y� II4 .:' S e �{ 1 Existing light structure (to be replaced) V � r Prairie Knoll Park (2 of 3) Prairie Knoll Park (3 of 3) 1AInrminn Hnimp if \� ��2 © .� .. \ \�« Fk2�. » iX } \ � 9\ %- ��z ��2 © .� .. \ \�« Fk2�. » iX } \ � 9\ , REDUCED PWNT SMH 1 /8' 1/4 J/R• o ♦ e a u m u u ss •e o z 1 • e m Iz u W n e : ♦ • • m m > m n v W Cmyy nAnOrti 90y On yy yyy Ayy np��//Il V1Zfy �AO_gy VI - yy ACy 0 ypa �O�Ng it £OC� OV £-� mL� � OI.IOA SC2 aT02 $T[32 O£> 1.12= yl 2 nnx �A BI .mi Z 2A A�j m O'n OTn T Ty - m F �9Z {off OAm 2 2_ m n9yy Vm Z y - E m 1y1 (]Om (y�1 Om Z m 9 N n O S =9 1/yA� �O m Z J C .11 m -1 S rC Z >W - 0 S� j =O Tr Sy=n0 Z AOn An C O1� m� y n F ' nOmn 02oNn ' O pA Z 3O .5`Im 11 0 11 yy O_ 2 y n A O A y Z O Dy O m- O O i5.Z O 00 O cn m m m 2Q AO 2 O n n r�6 °£ 'a lW rr �y z o Pi� Y. z? �° p `n sv a -mH 32P - m H o oAOmv-z 1r gFol O->i �l - p g �n1 +OI� 14-c m oz D pM A 1. 2 > A ZsQ_ � F� z- 0 zA F m o A ` o iFi] T y A�,1z .11 o O'm °m Flm O 02 m mS0 L� C m-1 -� In 111 ��O y �� O N C ' O 2 C2��tt yPi ff 6 n�j X_Z yy y X 9nn 1 1rA1 y y Z .1m O FO 02y I OBm xC. S rD A T O £ 3A mO Z0.0. Np ~ J A Cp O Oyl°I yyOB EO A VI '.1 e III Z T .per - A V p F A(ZJ A IZAm °.11 6o mm (OA2 92A N � [ y�[ n [�� V1 Z ZO yl NN C mN m N 1P ZZ���2 N VI °Z1/� ymyN ? N mOVI n yi WnON ri I. Ca0 ° Z O� ftgsq1r� 0°F melt Q $ 1 p m Fg lm �O Z21� p 0 ^C ICI CA I �FF ■ y Om C a9mW� •A m yyT�V FF�Z S_ n A ; n n x r .1'1 nx b c° 3;o ns i ril' y ° z �'e °��`o ° z m - viz mrr�� Q oNO o Q r am a Tm m A s x m �C n9 IC ° v z L o❑ _ m '^ m Z N C p m rm � y1r� " _ m y r" z y pmA z� x y 2 ✓� Dv Ow. 2 y 22 1 �'DA nTA Z P N> C NI ° y m �A� V1- ON O GN ZOCm y Ol A .ly pnm HCmm z mAC- OZm bF o n Zsm 9xW o Z OC r Vl vAAr A °02 p m� O Z ° nm N�Q°n s z'IiR i m of ;a R - �r� pmn_y� {9 Oz m ona A°pza � F o m z`Om p ��i °n ; moz�mr ° i z v on . Q ° m a zz i A n - m CW Q - AO z P 3 � zi c`o z 02FO -y F m a c y <m�"c?p ���i m C � Z - m C Z 1�� yy O m 1r� 1.1y S y 9- 9 G, 00 Z N1.13' Onm. y <9 .lI N2s p p. pm AS [[ aISWA 1/Ia 6 y r y V Z C]m Z.II m nY 9m RIM; pVl 1/! A Zm 2 K FA Wm 8pT l 2 �' O C yn -0 2 y 0 � p�T$m$<m TO :E 6 pO N Z gr QF m 0O O S N g o W >9op= O mA O O Om f Bn�a �O ° O = B ■ A 09]° =OTN B a�> m Z O Z O 1/� m_ N m yy 1 y O <SI m y OOlQ ° yAy Z rIL DOy yy 1 Z 1�� Z n ° Ai y 0 I OL <2 D�O� n00 2 Ax 9 x D O A p n St °yj O yZ -n•Z 2A-O-11A ,M = m020 Z £ Al2`I y Za N£ m CD'�r� O y C IA�Ip p 9 Z tmAnS 3 1 10 n O O A1r� �1 yy9 n9 m OV Am c � 2 £ ONmO N I 2 n 2 L sy0 Am WW�C mA Zy m m 1OA.1 9 C QOnN N z mf L ZA g9 O rA CyI 1 " - I�i �� ° A z O El °m Z R' Y Z p z mz i O n rT ° m Z7 ■ $$ V t N WN�ObWVPWA[wN B� b z yW yy >y y y<1W1 y1y N D ' f VFN�I O L 3n 2 O 2 T2 aA� S - O - O .p y y 8 mmg ;N Fm ?o .( S m m m m oo A - O - F O a - �n$ oz (7 m �. O F gl �n ' �f N O s f�y��"� �v D2t3 i� ^ yam " O oT aFSmz9 1�.•zjO v4 i a� °-m CZi m °rFzo m ■ O M��Lrm! N n po° ia�W of °m r^ 0 . Z x r9 tiF�� E x'17 A p y i y ° £` of f � � Pn�cm f :y AZ rAO N_ N 0 r' l � Z � y NC9 O SF ° O D � m O 3V1C Z W /Z F y O� Z 00 Z n[ PRIM, 5� NySaSB A 5q rD0 _aN O yeOr b 29 Z� D u/O ZD p 2 ? N m02 Am 2 QO ZO S 061 �y f''Om m W 1� m pZ 1-.II OZ m r y l[y.�l2 yj r D r D Z !l-- mm^1II� nn Z A �Z ° ZyVI y n (J S l m lly A 3: ~U°I �� 3_O ``rr�� A M y ZZn O�ym1 pmK ■ v m - T' A m m _A yr,•lZlmmm CZ ��NOAp� 2Ay -1r C) ZO {� y m m9 2 yF mm 0< Wyy m 2x°10 x 9 oFAg oomm g F n � �z D Z ° 0 p>zp�6 g yF fn s 1 I ° +1 B 6' FYmy �Bm m °+ci"gb °n� mo a�c °s y _ 9 S o. oa Zy FI c Q io oi ia_nzQ F 00 Z F4 - Z Zmy °��o� temgo�D m z o �AO A .9 � g B 1m ZZ cL z m o z ° jin H c� .— z Z> m p $ z°0mF On Cn 3� Rpmam .♦£o+lsQ z1" yy N ° S v 4 > a1 u O � [ 9 D m00 1 b �vllzi'^ m mOp+l r ZiVI D a � O a A mwgm pig. TmA9° D [a y 1j O O mZ 0 y N Z f Z i Q ?E pla °f Z-O (41 0 o Q mm c = O 0 yy N 1 vs -O b Pil n m 3 z a g (n m °m ° �>9 F1 £S�z ooi z° y y M i z A n W m Lyon n$ n i. z .l Vl0 ga rz . T 1 m� Z T C 2A0 v x (1f m m . V m3: z 1 �o B m m m O ° r� O D 3 V1 A F vl O N F A m o W m Z Z Z s n° 2 f 9 Z m m F F V 9 5 31 v x 1 Q' ( 1�1 m n o I.S n o o C z k Y 9 .11 n n ■ ° O f A C O O S O r m B 1 � N m ^� p '9 F O C z m m m C c 0 W O m m F zz 1 � N n n 0 x1 0m1 T p ■ Z n £ O 111 n '_' m Z S 4aZa] I O T I -1 T; O y R: y F y ([� m A m °; IN�I 0 D 1 1x y T; S m ! m Z n O ■ ° D i c °n Q l 9 0 1 g 0 D R A 0 9 ¢ A C p l o o n� R ° m £ Sc Q 1 m 1 O c D F v v m o m x n og z °� O 5 1y Ly O x11 N O VI � m Fn C y O n O O n O a n a O 0 0 O O O O I 0 0 0 0 I I 0 0 I 0 0 O y O 0 p i O 0 z n 0 O 0 n 0 0 z z 0 0 z z 0 33 y y 1 II 0 0 y y 0 0 y y 0 o y y 11 a 0 y a 0 y 0 y 'y y� m m - Fi m m - fi m m - �.I m m - Fn - Fi m_ m FFO � v m m - r" m _m - r" _m m m m N I�d o O ` ' F m Fi Fi B 1 ' 1 - o o oF� r m R m F m ���8»iii F •9 F v m °o I 9 0 (f) /f 0 � OI - J I F.I • Omm ° ° m OMEd • g a o 0 3 0 ° p o 11 Sa o a fi 0 0 0 39 0 0 o o 0 0 0 0 o i n o 0 0 0 n 0 0 0 2 Fi -°' 0 0 0 0 0 o o a o 0 0 0_ (t O~ ° _m o o z a o y o S z r F M. $ n p p o A A 0 0 C o 0 o A A o o° A D o A o A v o 0 0 0 0 o o." s a s a �� E 8 0 £Ac CFz A9 ■ v ® y Q v o z o ° v n n 1 0 z i f mp p 'm z �' a o o Q A o 9 m a n 0 p z o m E 1 1 F F i z S o n i c z z° z i s o 1° z y 9 5 rn a ° o o m m z c i c p o [� N (� F m z 5 (_v s i o i3 '2 Go moy yF g�° Q p �y gmy n £o n n m z y BAI Q A a O tl 9 yy y Z D o S T I - O i N 1�. 1C A S ^ A 9 1 z 5�e1 v Ff1T oFiN R+ s ° m m CI A ° 1 -o s F 1 y T m L p n 'GJ y i g az rnzo FA R In A s a In F z rl g O mO m '� ° x ° p N mo��ov x I i J •A. f� cz .9 ��032mZZ Vl Z N ■ y a 0 0 0 0 a 0 ~~ I ~~~ I I C a a 0 0 0 0 0 0 ~~ 1 1 I I I a I 2 yyy <e S m p A rm g $ < y l 2 0 0 0 0 0 0 0 0 0 0~ Zy Zl Til O m O O _m O O m_ m_ O- D m_ _ 0 m_ 0 m_ z m 9 1m� p Ay,CJ 1£n I Z O � O !l r m F R R In q F m R r m_ F !n R F FI F FI F B I�1 n � A� LC K s s n n o v s a n a o n n 0 o n n n o a1 n n o n a a= �` s n n n n o o n n n n n o n n 0 0 n n 0 0 n n o n I s n n n v �� a AZ a F 5 vAZ xy bm mpypRa•9 - NO. 0 $ g � u O O O d O O O O O O O Fi O O O 8 O O O O fi O rl 0 A A dl A A 9 A A 1 .11 A A O S A O A A m O A A L A O A •11 A O A .L o O A A O O A A O A O A .11 O A m Zi 1] 9 6 I OOm m-1 yy mNNNA 9023C3rxn 11rr��m 1r�°000OOnnnnnnm 1�1y� 9 2 � D \\�LOn n Zin TV rn- 1NZ�il�P��T £zSF',a 3���i- m6gm zz. mNWy mWmy N OC OCOI N W ����nnn1 ICI N °°m :g0 12 C ,Q OO i c I b 6 3C $F Z l Zp m �A esF A Wy W m 3 U v� mti - Iyy y1 NN m1110ZCST3C20jFOQT Ia la S OOO 14 I O r1 nnnnOnm d _ D ° Z�co Lb zo-m 2ra z°SO co - c ns .n"O Dc z �e'1 g pp C- 11 ° L Dr Fcgm�`�_ � CSt "o � V N y V 1 2�0 J oopp u mZ N C > A a �_ F - A ln o C3 m�m.. A17.n Fi n M 6x i F oTT it ° m ^ 'o f { 9 s v En_ c z i zs� ^ _ z Ana =z - � O O N�Z mL 0-1 0�zb ° Z r p Q �[y t ' 11. 1 11 i z A m 1� m O .II rt �oJ G O s^j9 y rym 5'nA W �m1° B =y m Jy rN y j r AZ. mZm 1� 1� IA A Z N £ i paA a 0m y f^ r D co W ~ 4 0 1 ~ N +J F m o m n z W o m z ^ M Z x W � � pF'nxi�ics c£££ c 11999zz ; n D c '9. �.9 �3Ul�m� ;C�° °mom~ C 1f 0 fi w 9 3 Z A AyzOOA y .11ZmO Z O a I D y a l a O zmpM OA .9 <talr Omy m Z SmL: Z r n ° A v >2A {A r✓ ZDW ,^ VI 1 D O f1 >e gy$�.1 1 C ppg 1LnOF AXy �F OA+p11A.1 0 ZO A �Z� T sz m yA yS V D T UI v O N ❑ m A 9 R x 3 z n a a g W y 4 2 y1 y yy y - y y y y y y H y y > 4 > 4� - > I y y y 4 »» Q z Q O O p 2 Z O Z O 22°ZZO Q Z Q p 2 p 2p NNNI z V / m9�811 pm O A N m .l•!I��b Z3: m ._, rym2l 08 m Y °v N P S$ £ a Pu avag� S £v $$$$ yz O Bo5l m �m s I v o ovvov a Wv ;nnti I I 1 1 I I 1 N" on FN ° m �/x Zzl2xe yA I^ I F M ww w u u `=�> yy T m Zp�N N W WA 9y yj 13 m v I vv v v v v v vvvvv v �� DmmT I I I I z 1 I m U O' /V 101 T ° y 0JW 2- b $ �_ 31 W� 4g' FO�U�9�0V�m Z m N4a la/mTWmf/�Vfa E' % A >z 'z Qgzg§ �'z >z>z n ` az iaz �vAn iLI D N� NA m �v 4J�ACAO x -Q ° f*7 C3 o x Z DEn � -III a Z py A c n y v y v yy • pp yy ° ypy m y o p o - p yy > y v y p B� CAAIAA�LrA A ]J�AAmOAOA R'A Z 2 9 v R ov Nm vzv�o 'tf To / ` 0 p 5jn Z D A_s - -f�j A I o O L •� I*IP :[I 01 T° a m J m mvov v mm m n n o 0 99m 9 W 1 1F mD000 O O m ZjZ m mm y - ySmQ ; ACC�C F 'n nul lag Z mH o za i : z " U f1'I D = O Z 111 Z Z N N [ 9 y O O a Z T_ N G ;ZN ; O ��yv Fz z z m yF p m 0 � 1 I ° Q N 3 zs ni N O m 8 r ygQmcic °y 'a�7� p ii o n �z Z p O z���u 0 • g 2 m m 2 m r v n 99C9 0, D m S � Inm vl c m ° ,ss �s N =_= D� 9 Z y m m Z 2 �r�oA Z D oz�s X N c° n >_ Z 10 r^ ° m Q z 1 '. c o o I y o u 'J z '^ a I Oz In A z o S z n� g N. N m ° z n y q y 0 . D v°pc�z m y a �y M= z € W F� �ox q 1< Ep Oi O z N F R J F£ m REMME OMWMIA TMOR- NRGI.ONO - REVUCEV PRINT SCYES PLO E0: • a 1 e 1 e e� Im Ip lue eeun me mI N mI o STI!S MWd 08JMM -03LOld H'J,41 -BOYLL ISmtlLMm YY mm 3 UNE J Ff � FERI'�� -WAY Y d o 6 � —G R� -OF j O Q Z 5z Z N $� 3 — ZN J IL _m / LUQF aw ¢ N o m / / / WGF1f OF- A / m O � IL Q � a ❑ / W �❑0 G O PRP1R / / � o zrc o 5 n c c„o Y b �1 1 � M wEai e I' Fi Z C W Y Y � S� N -30J yddd Lf � al w ow H z g S 9v V r W o 1� Za I I O m = 1 w w V I I � PIC Q z a la CL y H N F ITS. QQ C I �I Irc � � � I O O 0 0 1 p- - - - - - z x 3W x 9 ° yyJJ p z tS \ Y 2 C z Z Vl I/J 0 1l�ili � Z W K O m LSm J( 75 � tS W J ab } SG E In ZS y � 3 I fl 3 0 g �z n 80 V + IJ �3 w o_ i a 8 a o u r m m a n u o < RM= PRMP SG 1/a' o • • u u n a. u v n ���• a • • • to u u "��� u u e • • • e m n c 8 0 y A O R 3 8 r E r $ Q V O C I I 0 0 F1 y ym 1 Vn �Ay N O 0 r 0 r am4 C 30 9YIm {Z m Rm m �z z�m r� F z X09 �I �oz 0 vc [ O £vI z pnp° O�fc xn � a-IA of °• Y. o co N O> r 9 0 o r C 6 '1 NO ■ lR ANA o v m 4 Lm -1 I 1�1 5• -O• O z 2 - I I m�s i z Nam i Rim i 0 O ' z Z E ❑ ❑ i FI 'u N > i P V7 Omd • M o `�' �" CA m F� •� (D m -• 0 T oo El e� ;': I- I o 0o y �e Z uF a Ze'ja[iUOlamrl A N I o �G�] �A xP �. y of O�y " I my cl �2 m 2 AQ�j�j QR0 c r 00 n - ~O NO Ri r m r AX�'I C9 msn CN �7 z 00 0° OA OOHFr a �z 0 O �� O A% - (j�O�IH$OTOLCN yA�.A...11 z c e1r1 N m �� . zil z ° S m oo m p66 c y P NZ T- MOBILE 25 - 0' LEASE AREA P� E O IAN e sp 5t 67C e'¢ N[�u M ❑ y m�y9 c oQ,3^ P o m8 ° r yn r � c mfo' a N a p o i N P m s [1 p 6 E ❑ z n J ow a = @ o a ° m0 m = Op A z ZZ y ro 1 OO a O N m m s 2 X s J RFfOI[ICE MWIHCS: 1Y06 WH RFOYLED PRIM e'u •e PLOTTED: I� N Im • nmf MMME M M M M mi-, 41 m, e • I o ♦ e s I ° '03l101d 9]i'ra 1NWd 030003tl ' OA10'NOfN -9014 ISONIMVIp ]ONltl3f]tl Z r $ 0 a I � g �ia� C o T o mz v Q W Zp Q 0,83 z I � y �w m ',I d m o 33 W x° `A o J W ZW a z o D °u J gz N w a ni w v a zo 0 N 0 0 1< Z01� H r � !� zdiz - ^W m W J m -.0 O O� a°<Fp a� wE m Q Z Q)Z ❑ p U _ s �e�� E �g w Eo w,1 a Z o❑ �> 4 i ♦nw a 0 � ��z m� Q m W ((�� m S3: 2 I° w �° 2 y z Z z � I m y' m Z � W GF Z a m2 Um 6 Z � m C r N Z m JW Z ° V q W V O o �I o m od u F JO 2740 p 0 w �W (T i J P w °v yyII ° i �viM �F I. p O � o r �� O z 3 3 3 d z o z- r n 6 a 0 9 ° 7 $R$,: r c o if S U ° QO e.2 P z omDm °m 77 y zs a°" dw - §•° 13 5 0-4 :5 T O J$V5 TT ° 09 U Q z� q J z i Si �J � - om J W ��yt �j y W yw o b �b 8a �W z Y a m C d 3 n n q 5 m F i o_z oz_ 2S� ZS° r� fWO b����so = wp -° 2g m Z o=t�0o W p a-o - J_ ° ppfJi K p W 6 �J g �� g[L on zJ�jp FOW-'J m 2? w ° z F� ° $$ °Fw L - -- -- -- -J � ° u � FeZ oo3 gioa xp ° ° 0 `! tr qqa z 1 `rCi Fo iv is ?g p z � r� °ice Q 0�om So ly � l ` w ° ° z a z m C 0 1 m i Q o z mg z ■ ■ ■ ■ m 9 K ' a f' 9 �� m m s o '0 'w � .o -,oz �� 0 E .o -,m .0- z d d I' Z m.. o s p ' O r Q w J W u J wy m w z m W O S 8� a w 4o E N �o ¢ 0 1- a 0 (1N013H A11N3/1 01311) SIH01l Wf110V1S 03LVOOl3N I ` SVNN3WV 31190W -1 d0 3NIlEfl1N30 Ol .0 -,Se � m w S/NN31NV 31100W -1 !O 3NIIW N33 Ol .0 -,56 SVNN3INV 31100 " -1 -40 d01 01 .0-.0N 8 p u m a n m • 4 4 n n m • v n a n m a n • + e I I I I I I I I I I I I 1 .9iE I I I I I I I I I I I I I I I 1 I I I +�I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 .91 5a'nas 3NMd a3ana39 T T m m n W • p t�2 a0 Z z r n a m m n m m 0 U w Q I,, lY t 7 ] m� o m U J_ m 3 1JW O � F m m 6 z m"I!� Ply � � � � � � n n h h n n b b b b b b P °p Z Z < p o o a a s p p o o Q Q a a o y y K Z N m m m m J O O O O O O p N VI V°I N N ¢ �¢ T Y} Y Y Y 0 ��11 m m m 0 0 F ;� b b b b b b U p O C zd nY1 b b b 7F ro u m m 'O m X x � m % x I m X � m Z x a0 Z z r n a m m n m m 0 U w Q I,, lY t 7 ] m� o m U J_ m 3 1JW O � F m m 6 z m"I!� Ply � � � � � � n n h h n n b b b b b b P °p Z Z < p o o a a s p p o o Q Q a a o y y K Z N m m m m J O O O O O O 0 U w Q I,, lY t 7 ] m� o m U J_ m 3 1JW O � F m m 6 z