The URL can be used to link to this page

Home My WebLink AboutCU95-02 CUP , /58'cJ.-I ~ :;Jw;e Muiw)/Jf- ~UI~ I c9S:-;;;3;)- -(J7){)-o ~ AD D ITI 0 N AL {!U-1~-~O~ MA TERIAL/PLANS A V AILABLEIN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. YEAR: IC1QS- I j}o c 61f.12 (J~ File No. CU95-02 Midwest Cable, Inc. STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and acting City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 95-101 _-.._!?_a~ed__~.s ~~ day o~l[ wllt I~ 1995. :_j:;.'.?;:.:' ~.i) ?~;:: .... ". .... . ~ .. .,.- Iq:9~ ..:... .9 ._.{" ..... .~. -..... r' ,'; .- .....",.. _. . :~. -::. ~, ;. (citY SealY.: .. '\.'-_.~.A:'.< . - . .',-,~".' ". -__' ..1' ~." ... ".... . .. .' .' by ~~~~ 16200 E-a~ Ave. S.E.. Priol'Lake. Minnesota .95002-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 95-101 ~ ~~ 'NNESO SOLUTION APPROVING A CONDITIONAL USE PERl\.1IT, (CUP), TO ALLOW THE EXPANSION OF NllDWEST CABLEVISION, A PUBLIC UTILITY, WITIllN THE R-2, URBAN RESIDENTIAL ZONING DISTRICT. THE CUP REQUEST IS TO ALLOW THE CONSTRUCTION OF A 20' X 20' STORAGE BUILDING AT 15777 STH 13, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, CABLE FIRST ADDITION, PRIOR LAKE. MOTION BY KEDROWSKI. SECOND BY GREENFIELD WHEREAS: The applicant, Midwest Cablevision, of 3951 West 143rd Street, Savage, MN 55378, submitted an application for CLIP according to the provisions of Zoning Ordinance 83-6, Section 7.5; and WHEREAS: the subject site as of September 11, 1995 is developed with the following: 1. 5 large satellite dishes 2. 1 tower 3. 1 12'x 18' metal storage building 4. 1 14' X 40' gravel loading zone 5. Gravel driveway and parking area 6. Chain link fence surrounding satellite dishes and tower WHEREAS: notice of the CUP hearing was mailed to all property owners within 500' of the subject site and said owners permitted the opportunity to voice their opinions related to the CUP request; and WHEREAS: the Planning Commission, acting as the Board of Adjustment held a hearing to consider the CUP application on May 22, 1995 and September 11, 1995 and all interested persons were afforded the opportunity to voice their opinions on the application; and WHEREAS: the Planning Commission found the proposal to construct a 20' x 20' fiber optic, equipment building on the subject site meets the "Criteria for Approval" for CUP applications as per Zoning Ordinance 83-6, Section 7.5; and WHEREAS: the Planning Commission recommends the City Council approve the CUP application subject to the conditions of Resolution 95-08PC; and WHEREAS: the City Council considered the CUP' at a meeting held September 18, 1995 and tabled discussion of the application to allow the applicant time to confer with Mr. Ron Haberkorn regarding proposed exterior materials; and WHEREAS: the City Council affirms the recommendation of the Planning Commission to approve the CUP application. RES9SIOIDOC 1 16200 Eagle Creek Ave. S.E.. Prior-Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL'AL CPPORTL'NITY E;"IPLOYER NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, that it hereby approves the CUP for Midwest Cablevision to allow the construction of a 20' x 20' storage building per the conditions outlined herein. 1. The applicant plant 10, 5 gallon, Red Twig Dogwood, along the south lot line in order to provide additional screening from the adjacent Westwood Elementary play ground. 2. The applicant plant 5, 3 gallon Mugho Pine, augmented by 3, 5 gallon, Red Twig Dogwood, along the west lot line in the vicinity located north of the driveway to provide additional screening from the adjacent Norex building. 3. No exterior storage be permitted. 4. The driveway and loading area be improved with a bituminous surface and concrete curb by no later than July 1, 1996. The design and construction of the driveway and loading area to be acceptable to the City Engineer. 5. The proposed building exterior be brown vinyl siding, with a gable roof, as indicated on the plan sheets (Exhibit B), with the exception of the west, front side of the building which shall have a brick exterior. 6. The existing storage shed be sided with vinyl siding, the same color as the proposed storage building by July 1, 1996. 7. The natural vegetation on site be retained and left undisturbed. 8. All plans and specifications conform to the applicable codes and ordinance requirements.. 9. Future changes to the site including bl:lt not limited to the addition of other structures shall require a separate building permit and CUP be filed with the City of Prior Lake. 10. Additional satellite dishes may be placed within the existing fenced area necessary to provide communication, antenna and TV service to the City of Prior Lake. However, all satellite dishes must be located within the existing fenced area. In the event the fenced area is enlarged more than 10%, the applicant shall file an amendment to the CUP. II. A site inspection report be required by the City Council prior to future decisions to renew or extend the Cable TV franchise agreement. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that a copy of this resolution shall be filed with the office of the Scott County Recorder of Deeds. . Passed and adopted this 6th day of November, 1995. Andren Greenfield Kedrowski Schenck Scott YES _X_ _X_ _X_ _X_ _X_ NO Andren Greenfield Kedrowski Schenck Scott (( _ /11J . '. RES9SIOLOOC 2 '" . AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 7A DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ADOPTION OF RESOLUTION 95-101 APPROVING A CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION. NOVEMBER 6,1995 The purpose of this item is to continue consideration of an application for Conditional Use Permit, (CUP), from Midwest Cablevision, represented by Tim Block, The proposal is to build a public utility building within the R-2, Urban Residential zone as per attached application. Public Utility Buildings are listed as a conditional use permit in Zoning Ordinance 83-6. The specific proposal is to construct a 20' x 20' equipment storage building on the subject site. (15777 STH 13, legally described as Lot 2, Block 1, Cable First Addition. The cable company operates under an original CUP issued by the City of Prior Lake in 1983. The original CUP was granted to North American Cable Communications Corporation. The CUP runs with the land. This application consists of an expansion to the original CUP and because a different company is involved, staff required Midwest Cablevision to file a separate CUP application. The City Council tabled discussion of this item at its September 18, 1995 meeting to allow the applicant and Mr. Ron Haberkorn, of Norex, to agree to a compromise regarding the exterior materials proposed for the building. Staff, Tim Block, and Ron Haberkorn met on September 27, 1995 to discuss options for exterior materials. At that meeting, a compromise was reached to allow brown vinyl siding on three sides and brick on the west, front side. Mr. Haberkorn offered to pay up to $500.00 dollars to Midwest Cablevision in order to offset costs associated with the brick exterior. 16200 EM~~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The compromise solution was presented to management of Midwest Cablevision who took the position to let the City Council determine the siding requirement for the proposed CUP. Mr. Haberkorn contacted staff regarding his discussion with Midwest Cablevision management and reported frustration with the cable company. At this point, negotiations have ceased and the CUP was requested by the applicant to be put back on the Council agenda. ALTERNATIVES: 1. Adopt Resolution 95-101 as part of the Consent Agenda. 2. Approve Resolution 95-101 with amendments. 3. Continue or table the item for specific reasons identified by the City Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion and second to adopt Resolution 95-101 approving a CUP for Midwest Cablevision to construct at 20' x 20' equipment storage building at 15777 STH 13 subject to the conditions outlined therein. The Council should note item #5 has been amended to recommend the west, front exterior be surfaced with brick. Staff is of the opinion Mr. Haberkorn has put forth a reasonable effort regarding the visual impact of the proposed building on his site. Originally, Mr. Haberkorn requested the entire building contain brick exterior and cedar shingles. After discussing the options with Tim Block, a compromise to install a brick face on the front of the buildi only, was reached. The compromise seeme1 to b1 so Ie. CU9502Cl.DOC DATE: October 31, 1995 TO: Prior Lake City Council (via Deb Garross) FROM: Ron Haberkorn SUBJECT: Cable Company - Expansion of Conditional Use I support the recommendation of the Ci ty Planning staff to adopt resolution 95-101. It is not what I had hoped for . but I feel it is a reasonable compromise. Hopefully, the issue will be finally put to rest. I would sincerely recommend that the council consider a future zoning ordinance that would require util i ty buildings to be all brick with wood roof shingles (as many other communi ties do). Most all of these buildings will be small and they need "all the help they can get" to be reasonably pleasing from a visual standpoint (and still they will fall short). I realize this ordinance would not help my current situation, however, it will,help others who find themselves in a similar situation. This is the third time the City of. Prior Lake has worked with NOREX to help us solve problems! Twice when we were putting in our road and now a third time! Thank you for listening . . . and thank you for helping with solutions! A sincere thank you to Deb Garross of the city planning staff and Tim Block of Midwest Cable for working with me to develop this compromise. V\J 15815 FRANKLIN TRAIL SE. PRIOR LAKE, MINNESOTA 55372.612/447-8898. FAX 612/447-8854 Minutes of the Prior Lake City Council September 18, 1995 The meeting reconvened at 10: 15 p.m. C. Consider Approval of Resolution 95-98 Providing for the Sale of $2,200,000 G.o. Water and Sewer Revenue Bonds 1995. Steve Matson, of Juran and Moody, distributed a Cash Flow Analysis Chart for the Public WorkslParks Maintenance Building $2.2 Million bond issue, and reviewed the interest rate, rating and timing of sale. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-98 PROVIDING FOR THE SALE OF $2,200,000 GENERAL OBLIGATION SEWER AND WATER BONDS OF 1995. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO SET MONDAY, OCTOBER 23 AT 5:30 P.M. AS A SPECIAL CITY COUNCIL MEETING DATE TO AWARD BID FOR THE $2.2 MILLION GENERAL OBLIGATION SEWER AND WATER BONDS FOR 1995. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. D. Consider Resolution 95-101 Approving Conditional Use Permit for Midwest Cablevision. Ron Haberkorn, President of Norex, Inc, submitted a written request to Council prior to the meeting stating that he had been trying to arrange a meeting with the Regional Manager of Midwest Cablevision in order to reach a mutually satisfactory agreement on the type of structure Midwest is proposing to build adjacent to Mr. Haberkorn's facility.. Tim Block representing Midwest Cablevision discussed the action they have taken to date and the reason for adding a building on the site. Council discussed the matter and concurred that the item should be tabled until such time that Mr. Haberkorn and a representative of Midwest Cablevision can meet with the Planning Staff to discuss a reasonable compromise. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THIS ITEM UNTIL OCTOBER 2,1995 AT WHICH TIME STAFF SHOULD PLACE ON THE CONSENT AGENDA IF A COMPROMISE AGREEMENT HAS BEEN REACHED. M91895.DOC 6 Minutes of the Prior Lake City Council September 18, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. 8. NEW BUSINESS: 9. OTHER BUSINESS: A. Consent Agenda Item J - Consider Approval of Resolution 95-99 Authorizing Minor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. On August 21, 1995 City Council approved a request by Warren Israelson of Progress Land Company to allow the final platting of Carriage Hills 4th Addition. The approval was contingent upon six conditions, one of which was: "The developer provide financial security, acceptable to the City Engineer, to provide for the future upgrade of Landau Lane to the Plat boundary." The Developer has attempted to purchase the southwest comer of the Vierling property to allow for the extension of Landau Lane, but the purchase attempts have been unsuccessful to date. Therefore, since the developer cannot provide infrastructure to the Outlot (3 lots) until the development of the Vierling parcel occurs, the developer is requesting the amendment be approved upon the contingent that a covenant being signed by the developer and filed at the county which will not allow transfer of the title of the Outlot until improvements to Landau Lane are made and accepted by the City. The developer will be required to reimburse the City for the cost of preparing and filing the covenant. Council discussed this amendment briefly to assure that the cost for street, sewer and water extension would be borne solely by the developer and not the taxpayer. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 95-99 PROVIDING FOR A MINOR AMENDMENT TO THE FINAL PLAT OF CARRIAGE HILLS 4TH ADDITION. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Council (at Planning Director Rye's request) reconsidered Item 6C to insure that the proper majority required by State Statute was present for the vote. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO RECONSIDER ITEM 6C Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. M91895.DOC 7 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 5T AFF AGENDA REPORT 7D DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER ADOPTION OF RESOLUTION 95-101 APPROVING A CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION. SEPTEMBER 18, 1995 The purpose of this item is to consider an application for Conditional Use Permit, (CUP), from Midwest Cablevision, represented by Tim Block, The proposal is to build a public utility building within the R-2, Urban Residential zone as per attached application. Public Utility Buildings are listed as a conditional use permit in Zoning Ordinance 83-6. The specific proposal is to construct a 20' x 20' equipment storage building on the subject site. (15777 STH 13, legally described as Lot 2, Block 1, Cable First Addition. The cable company operates under an original CUP issued by the City of Prior Lake in 1983. The original CUP was granted to North American Cable Communications Corporation. The CUP runs with the land. This application consists of an expansion to the original CUP and because a different company is involved, staff required Midwest Cablevision to file a separate CUP application. The Planning Commission considered the CUP on May 22 and September 11, 1995. The recommendation of the Planning Commission is to approve the CUP subject to the conditions outlined in Resolution 95-08PC. The CUP would permit the construction of a second equipment storage building on site to house fiber optic equipment required to provide cable communications service to residents of the City. The building is proposed to be constructed as per the attached application and with vinyl exterior siding and asphalt shingles. Additional landscaping, upgrade of the existing gravel driveway to blacktop with curb and no exterior storage are recommended by the Planning Commission. All conditions of Planning Commission Resolution 95-08PC have been incorporated into 16200 E~Wi~F~~'k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Resolution 95-101. ISSUES: Attached to the agenda packet is a letter from Ron Haberkorn, president of Norex which is located directly to the west of the subject site. Norex and Midwest Cablevision share a private access driveway which is connected to Franklin Trail, (County Road 39). Mr. Haberkorn requested the exterior of the proposed equipment building be brick with a cedar shingle roof and that the driveway be of blacktop with concrete curbs and grass be established on the site, as a condition of CUP approval. See the letter from Ron Haberkorn for reference. The Planning Commission discussed the merits of Mr. Haberkorn's request. The Planning Commission did not support the proposed brick exterior nor cedar shingle roof proposal of Mr. Haberkorn. The Commissioner's reasoned that there are no standards in the City Code nor Zoning Ordinance requiring brick exterior for principal buildings therefore it seemed excessive to require an accessory building to be constructed of such costly materials. In addition, the majority of new construction homes within the City are sided with similar vinyl siding as proposed for the subject site. The Planning Commission found no compelling rationale related to the general health, safety or welfare of the community, to support the use of brick and cedar shingles for the proposed equipment storage building. The Commissioner's suggested the City may desire to research such exterior materials standards for accessory buildings concurrent with the Zoning Ordinance update next year. ALTERNATIVES: 1. Adopt Resolution 95-101 as part of the Consent Agenda. 2. Approve Resolution 95-101 with amendments. 3. Continue or table the item for specific reasons identified by the City Council. RECOMMENDATION: Alternative #1. ACTION REQUIRED: A motion and second to adopt Resolution 95-101 approving a CUP for Midwest Cablevision to construct at 20' x 20' equipment storage buil . g at 15777 STH 13 subject to the conditions outli d the . . "CU9502CC" 2 Minutes of the Prior Lake City Council November 6, 1995 / MAY HAVE, WATERFRONT PROPERTY. AND IN ALSO TO RED OAKS VACATE REMAINING ABUTTING PRIVATE Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 7. OLD BUSINESS ~ ) A. Consider Adoption of Resolution 95-101 Approving a Conditional Use Permit for Midwest Cablevision. City Manager Boyles stated that Council had referred this matter back to staff, Midwest Cablevision and Norex to come to a mutual agreement. Both Midwest Cablevision and Norex (Ron Haberkorn) have agreed to share the $1,790 cost of a brick face on one wall. Therefore, the issue has been resolved and staff is recommending approval of the Resolution. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 95-101 APPROVING A CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION TO ALLOW THE EXPANSION OF MIDWEST CABLEVISION, A PUBLIC UTILITY, WITHIN THE R-2 ZONING DISTRICT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Review of City Council Directives for January-October 1995. City Manager Boyles reviewed the directives with Council. Discussion occurred regarding an Operational Audit for individual departments. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CONSIDER CONDUCTING AN OPERATIONAL AUDIT ONCE A YEAR BY DEPARTMENT. Discussion occurred regarding the intent of the audit, and exactly what Councilmembers were interested in; whether it was just one portion of the department on which the audit would be conducted or whether it would involve the entire operation of the department. Several Councilmembers were concerned about the extent of the audit and its cost. Councilmember Kedrowski withdrew his motion and Councilmember Schenck concurred. Ml10695.DOC 5 PLANNING REPORT SITE: PRESENTER: PUBLIC HEARING: DATE: 1 CONSIDER CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION 15777 HIGHWAY 13 DEB GARROSS, ASSISTANT CITY PLANNER YES X NO-N/A -- SEPTEMBER 11, 1995 AGENDA ITEM: SUBJECT: INTRODUCTION: The purpose ofthis item is to continue consideration of a Conditional Use Permit, (CUP), for Midwest Cablevision. The Planning Commission initially considered the request on May 22, 1995. The CUP was tabled at that time in order to allow the applicant to resolve various City Code violations which existed on site. A copy of the initial staff report and Planning Commission minutes from the May 22, 1995 meeting are attached for reference. BACKGROUND: See Planning Report dated May 22, 1995. DISCUSSION: All of the Code violations have been resolved by the applicant. The specific proposal is to locate a 20' x 20' fiber optic equipment building on site as per attached site plan. A CUP is required in order to locate a public utility building within the R-2, Urban Residential Zoning District. The initial proposal included a trash enclosure which did not meet setback requirements. The majority of materials stored on site, in the past, consisted of wire cable, spools, and packaging items. The applicant moved the cable storage off site to another building. therefore there is no anticipated need for a trash enclosure. The application has been revised to delete the trash enclosure, The proposed structure location complies with setback provisions of the Zoning Ordinance. No outdoor storage is proposed on site. The major area of concern from a staff perspective related to the visual impression of the site. The appearance is greatly enhanced due to the removal of debris from site. The applicant has no objection to planting additional shrubs in order to provide screening 16200 E~w;ceta~k Ave. S.E., Prior Lake, Minnesota 55:r72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER from the Norex and Westwood Elementary sites. Staff recommends the applicant plant dogwood and Mugho pine along the west and south property lines. The recommended plants will grow to provide screening but will not interfere with satellite transmission. Both plant species can be trimmed and both are hardy, disease resistant and are visually appealing all year long. In addition, staff recommends, and the applicant is amenable to, improving the driveway and loading area with a bituminous surface and curb and gutter, which will be compatible to the Norex site to the west. Staff also recommends the existing metal storage building be sided with vinyl siding, the same color and specification as the proposed equipment building. Similar exterior materials will help reduce the cluttered appearance of the site. The applicant requests a time extension for improving the driveway and existing storage building. Staff is not opposed to the time extension and recommends July 1, 1996 for completion of all site improvements. Staff had initially recommended the applicant paint the satellite dishes an earth tone color. The applicant researched this issue and found the existing color is required in order to achieve maximum transmission. Draft Resolution 95-08PC was amended to delete the requirement to paint the satellite dishes. ALTERNATIVES: 1. Adopt Resolution 95-08PC recommending the City Council approve the CUP to allow Midwest Cablevision to construct a 20' x 20' fiber optic equipment building as per the attached site plan. 2. Table or continue consideration of this item based upon discussion of the Planning Commission. 3. Find the CUP is not consistent with the underlying R-2, Urban Residential zone and existing development and recommend denial of the CUP. RECOMMENDATION: Alternative #1. ACTION REOUIRED: A motion to adopt Resolution 95-08PC as submitted or with changes directed by the Planning Commission. "CU9502P2" 2 S/22/95 Planning Minutes .;.'...... .....1..... If constructed as proposed, the deck would maintain about a 19 foot separation from the house to the West. The subject property, because of its size and configuration, presents few options for the location of a deck. Parenthetically, the house to the West, which is similar in configuration, has a similar second-story deck. It does not appear that a variance was granted in connection with that deck. Staff recommends approval of the request because the ordinance hardship criteria have been met. Mr. Leek also read a letter from Todd Hertaus, a neighbor of Mr. Snodgrass, who supports the variance request. No comments from the applicant, Michael Snodgrass or the audience. Comments form the Commissioners included: Loftus: supportive of variances; hardship criteria have been met; addition would add extra use of the house. Arnold: concurs with Loftus; Roseth: concur with Staff and Commissioners; V onhof: agrees. MOTION BY LOFTUS, SECOND BY ARNOLD TO APPROVE THE REQUESTED 2.4 FOOT V ARlANCE TO ALLOW A SIDE YARD SETBACK OF 7.6 FEET INSTEAD OF THE REQUIRED 10 FEET. Rationale: Hardship criteria have been met. V ote taken signified ayes by Loftus, Arnold, Roseth and V onhof. MOTION CARRIED. ITEM 3. MIDWEST CABLEVISION CONDITIONAL USE PERMIT: Tim Block. the Chief Technician of Midwest Cablevision, of Prior Lake and Savage, stated the CUP request was to erect a bulding on site. The intent is to upgrade the cable television system which will increase reliability and add .channel capacity for new services. The building would house additional channel equipment, installing fiber optic cables, laser receivers and various electronic components. Mr. Block addressed some of the conditions of Resolution 95-08PC. Assistant Planner Deb Garross discussed the details from the May 22, 1995 Planning Report. The applicant, Midwest Cablevision, requests a conditional use permit in order to locate a public utility building within the R-2, Urban Residential Zoning District. The proposal is to construct a 20' x 20' building to house fiber optic equipment needed to provide cable services to the community. Two previous CUP's were issued on November 9, 1983. and February 6, 1984, to North American Communications Corporation to locate a receiving tower; two, 7 meter earth station antennas; and a 12' x 18' building to house communications equipment on the subject site. In addition, a 115' height variance was granted to construct a 150' receiving tower. Since the 1984 approval, staff has inspected the site on a number of occasions and noted that the landscape plan has not been completed and there have been other Ordinance MS229S DOC ~AGE 6 5r~:"95 Planning Minutes \ violations. In addition, three satellite dishes have been erected on site without approved building permits. The previous owner, North American Cable, and current owner were contacted by former Planning Director, Horst Graser, via letter and phone calls advising that site inspections revealed several Zoning Ordinance violations as wel~ as violation of the approved CUP, (related to incomplete landscaping). Corporate representatives for the applicant did not respond to the letter nor phone conversations made by Mr. Graser in 1993-1994. A site inspection was conducted the date that this agenda report was written. The inspection revealed several Ordinance violations such as: garbage and refuse on site; outside storage of two trailers; 12 large spools, located outside of the fenced area; 5 satellite dishes inside of the fenced area; countless large spools located inside of the wire fence; unused utility boxes, wire, and an unscreened, broken dumpster. Ron Habekorn, owner of Norex building stated his concern for misuse of the building. When the permit was initially applied for in 1984, the issue was controversial in that it was adjacent to a school and residential property and the Norex office building. It was going to be treated as a public utility facility. Mr. Habekorn's impression of a public facility would be to blend in with the neighborhood. His concern is the visibility impact for all visitors as well as employees coming into their parking lot. He feels the site looks like a light industrial district. Mr. Habekorn would like to see the building appearance improved to blend in with the area and the original intent of the permit upheld. He also stated he would like to remain friends with Tim Block and try to work something out. Tim Block said he was sorry for the inconvenience to Norex and will do whatever he can to make improvements to the property. Comments from the Planning Commission: Roseth: parties involved understand the situation; Referring to Item #11 of conditions - recommend October or November as a completion date instead of September; discussion on dish size and numbers. Loftus: Norex is developed and concerned for image and positive impression. There have been major changes from the beginning and need to harmonize the issues; suggest a tour or slide presentation to bet a better feel for property and evaluate. Arnold: Supports Resolution as it stands; some conditions can be worked out; discuss point by point. V onhof: Found it disturbing that Midwest Cablevision has not been in compliance with the CUP; property has historically been in violation; letters have been sent notifYing the CUP violations and now is the time to remedy; some of the violations were in place before Midwest Cablevision bought the site; this is the time to bring the site into compliance; applicant should be aware of City's concerns; there should be no violations present before approval of the City; applicant should come back after complying; direct Staff to go on site with applicant and address current Ordinance violations. GENERAL DISCUSSION OF COMMISSIONERS: conditions of Resolution should be complied with before they address this again; do not feel comfortable acting on the status of the application at this time; suggest item be tabled until Ordinance violations have M52295 DOC PAGE 7 5/21195 Planning Minutes " been resolved; Midwest Cablevision have been the owners for 3 years, while most problems occurred before applicant obtained ownership. MOTION BY ROSETH, SECOND BY LOFTUS TO TABLE AND BRING BACK AT THE DISCRETION OF THE APPLICANT AT SUCH TIMES AS HE HAS HAD TIME TO TALK WITH STAFF AND CLARIFY THE COMPLAINTS AND RECTIFY THE ORDINANCE VIOLATION ITEMS. AlVfENDMENT BY LOFTUS: CONHvIISSIONERS TO SEE VISUAL AIDS OR ARRANGE TO TAKE INSPECTION TOUR. No discussion. Votes taken signified ayes by Roseth, Loftus, Arnold and Vonhof. MOTION CARRIED. OTHER BUSINESS: a) Capital Improvement Plan: City Planner Don Rye. In a joint meeting with the City Council an issue came up with the Planning Commission indicating its desire to play some role in the Capital Improvement Program. Council felt it was appropriate to participate. Many of the issues are from Engineering and Rye would like someone from Engineering to explain the process and rationale. Also. most of big items are the City's share of County road improvements. Another budget issue is directed to the Parks and Recreation Department for equipment and improvement of existing facilities. One of the directives from Council is to explore funding for new community park facilities. Public Work items revolve around County road improvements. , GENERAL DISCUSSION OF COMMISSIONERS: The City pays for anything higher than the standard improvements, i.e. lights, sidewalks; improvements to Mushtown Road in 1996 and improvements to Pike Lake Trail in 1998; some projects are funded by revenue bonds, Federal and State money; and State Aid, Capital Park Fund. referendums and others. Commissioners have until July 17, 1995 to discuss. MOTION BY AR1"iOLD, SECOND BY ROSETH TO CLOSE MEETING. Vote taken signified ayes by Arnold, Roseth, Loftus and Vonhof. MOTION CARRIED. The meeting was closed at 10:29 p.m. Donald R. Rye Director of Planning Connie Carlson Recording Secretary \15:::95 DOC r.\GE 8 PLANNING REPORT SITE: PRESENTER: PUBLIC HEARING: DATE: 3 CONSIDER CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION 15777 HIGHWAY 13 DEB GARROSS, ASSISTANT CITY PLANNER YES X NO-N/A MAY 22, 1995 AGENDA ITEM: SUBJECT: INTRODUCTION: An application for conditional use permit (CUP), has been submitted for consideration by the Planning Commission. The applicant, Midwest Cablevision, requests a conditional use permit in order to locate a public utility building within the R-2, Urban Residential Zoning District. The proposal is to construct a 20' x 20' storage building to house fiber optic equipment needed to provide cable services to the community. The building is proposed to be located as per attached survey. The proposed building exterior consists of vinyl siding with a gable roof. See attached Exhibit A for drawings and information related to the proposed storage building. BACKGROUND: Two previous CUP's were issued on November 9, 1983, and February 6, 1984, to North American Communications Corporation to locate a receiving tower; two, 7 meter earth station antennas; and a 12' x 18' building to house communications equipment on the subject site. In addition, a 115' height variance was granted to construct a 150' receiving tower. See attached Exhibit B for reference to the previous CUP files. The conditions of approval of the 1984 CUP are outlined below: 1. Staff s recommendation regarding tree planting and landscaping be met. 2. The natural surroundings be left undisturbed. 3. There is proper security lighting near the building and on top ofthe antenna. 4. All the anchors be fenced in. 5. The land not be subdivided while under the ownership of North American Communications Systems, Inc.,. 16200 E~f@{S'reek Ave. S.E., Prior Lake, Minnesota 553?2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER An additional "consideration" was made part of the City Council motion to approve the conditional use permit: "The stipulation that the access road from Franklin Trail be investigated and if possible to have the easement granted to have the road installed as part of the original construction" Councilmember Busse stated "that if we were to receive the easements for that road, it could be the same type of road. They would not have to improve it at this point." The Planning Commission should note that since approval of the 1984 CUP, the driveway access has been changed from a platted, but unimproved street (Hill Street), to a private easement which provides access via Franklin Trail. Appropriate street vacation proceedings and subsequent private access/egress easements have been provided to the site. Since the 1984 approval, staff has inspected the site on a number of occasions and noted that the landscape plan has not been completed; and other Ordinance violations such as, use of an unscreened dumpster; refuse on site consisting of cardboard, wood, tires; outside storage of cable, spools, and other equipment; and parking of up to 6 vehicles on site. In addition, three satellite dishes have been erected on site without approved building permits. The previous owner, North American Cable, and current owner were contacted by former Planning Director, Horst Graser, via letter and phone calls advising that site inspections revealed several Zoning Ordinance violations as well as violation of the approved CUP, (related to incomplete landscaping). Corporate representatives for the applicant did not respond to the letter nor phone conversations made by Mr. Graser in 1993-1994. A site inspection was conducted the date that this agenda report was written. The inspection revealed several Ordinance violations such as: garbage and refuse on site; outside storage of two trailers; 12 large spools, located outside of the fenced area; 5 satellite dishes inside of the fenced area; countless large spools located inside of the wire fence; unused utility boxes, wire, and an unscreened, broken dumpster. DISCUSSION: The responsibility of the Planning Commission is to review the application according to the provisions of Zoning Ordinance Section 7.5 attached. The purpose of a conditional use permit is to allow the City the opportunity to review the site, adjacent land uses, and the proposed use, to determine under what conditions the use can be located in the underling zoning district. In 1984, the Planning Commission and City Council approved the CUP believing that the cable public utility would be a good transition land use between the B-1, Limited Business District (Norex), to the west, C-l, Conservation District (Westwood Elementary School), to the south, and R-l, Suburban Residential (Centennial Addition single family residential neighborhood), to the east. The previous CUP's recognized the need for facilities to provide cable TV services to the residents of Prior Lake. Midwest Cablevision has been awarded the cable franchise in Prior Lake. The application before the Planning Commission is to consider expanding the public utility operation to allow construction of an additional 400 square foot, storage building. The subject site consists of approximately 5 acres of land that is heavily wooded. The "CU9502PC" 2 access to the site is via a private easement from Franklin Trail. Public view of the site is limited to view from the Westwood Elementary school playground and Norex building. In winter, leaf off, conditions, the site can be viewed from STH 13, C.R. 44 and the properties to the east however, trees, sumac and other volunteer growth do provide screening. Staff is not aware of any complaints related to the operation of the existing public utility. The performance criteria for conditional use permits, outlined in the Zoning Ordinance specify: "The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties," and "The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood." Site inspections reveal that the visual impression of the property is poor. One reason the poor image exists is due to the illegal outside storage of spools, equipment, trailers, as well as the garbage and refuse Ordinance violations. Outdoor storage is not a permitted nor conditional use within the R-2, Urban Residential Zoning District. The CUP should specifically note that no outdoor storage is permitted on site, in order to improve the visual appearance as well as comply with Prior Lake Ordinances. The existing site appears cluttered due to the number and placement of structures on site. In addition, the property surrounding the antennas, tower, and existing storage building is not well maintained. The addition of a second storage building will add to the visual clutter. The applicant should be encouraged to develop an overall site plan that takes into account, future, long-term uses for the property. At this point, the CUP should require that the existing satellite dishes be painted an earth tone color and/or a privacy fence be installed and maintained, which screens the equipment. In addition, the existing storage building exterior should be sided with vinyl siding comparable to the proposed building. The CUP should also require additional landscaping along the west and south property lines to screen the use from adjacent Norex and Westwood Elementary School. ALTERNATIVES: 1. Approve the CUP for a 20' x 20' storage building to be constructed as requested. 2. Table or continue consideration of the CUP for specific reasons. 3. Deny the CUP finding that construction of the storage building as proposed does not meet the CUP approval criteria as defined by the Zoning Ordinance. 4. Approve the CUP subject to the conditions outlined in attached Resolution 95- 08PC or with changes directed by the Planning Commission. RECOMMENDATION: Alternative #4. A cable TV franchise is considered to be a necessary public service. The recommendation is to approve the CUP, subject to specific site improvements and performance criteria. In order to assure compliance to the CUP conditions, staff will monitor the site on a periodic basis. In the event that the CUP conditions are violated, appropriate legal measures will be taken to enforce the CUP. Violation of the CUP should also prompt immediate review by the Planning Commission and City Council. "CU9502PC" 3 ACTION REQUIRED: A motion to adopt Resolution 95-08PC recommending the City Council approve the CUP to allow the construction of a 20' x 20' storage building at 15777 8TH 13 subject to the conditions outlined therein. "CU9502PC" 4 7.5 CONDITIONAL USES: Conditional uses as specified within each Zoning District may be allowed or denied by the City Council after recommendations by the Board of Adjustment in accordance with the criteria and provisions listed herein: A. Application: Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the City Council. 2. Fifteen (15) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the Zoning Officer may require. 3. The Zoning Officer at his discretion may require a topographic map to the site and reduced copies of all material suitable for mailing. 4. The names and addresses of all property owners within five hundred feet (500') shall be provided by a certification of an abstract company so that the Zoning Officer may provide notification of the conditional use permit application. (Ord. 90-07) B. Review: The Zoning Officer shall forward copies of the application to the City Council, the Board of Adjustment and, if necessary, to the Consultant Planner for review. 1. The Board of Adjustment shall forward its recommendations within forty-five (45) days unless the petitioner agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be a favorable recommendation. 2. The City Council may attach such conditions to the approval of any conditional use as may be necessary. The approved site plan and all attached conditions shall be filed by the petitioner with the Zoning Officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation of this Ordinance. C. Criteria for Approval: A conditional use shall be approved if it is found to meet the following criteria: 1 . The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this Ordinance. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards listed below. 3. The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. 4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. Section 7, Page 3 5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6. The proposed use shall preserve the objectives of this Ordinance and shall be consistent with the Comprehensive Plan. 7. Additional requirements with respect to conditional use in the Conservation District include the following: a) Filling a wetland shall not exceed the flood storage capacity requirements for the wetland. b) The proposed development shall not result in unusual maintenance cost for road and parking areas or the breaking and leaking of utility lines. c) Development shall be permitted in such a manner that the maximum number of trees shall be preserved. The remaining trees shall contain at least fifty (50) percent of the canopy coverage. d) Development shall be accomplished only in such a manner that on-site soil erosion shall be minimized both during construction and when construction activity is completed. e) Wetlands and other water bodies shall not be used as primary sediment traps during development. f) The quality of water run-off and water infiltration to the water table or aquifer shall remain undisturbed by the development of the site. g) The types and density of land use proposed for the site shall be suited to the site. Bedrock conditions shall not present a threat to the maintenance of ground water quality and shall not fail to adequately correct problems due to soil limitations including bearing strength, shrinkswell potential and slope stability. D. Performance Standards: All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this Ordinance, the City Council may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant. 1. Fire Protection - Fire prevention and fighting and equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on. 2. Electrical Disturbance - No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity. 3. Noise - Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. Section 7, Page 4 4. Vibrations - Vibrations detectable without instruments on neighboring property in any district shall be prohibited. 5. Odors - No malodorous gas or matter shall be permitted which is discernible on any adjoining it or property. 6. Air Pollution - No pollution of air by fly-ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property. 7. Glare - Lighting devices which produce objectionable direct or reflect glare on adjoining properties or thoroughfares shall not be permitted. 8. Erosion - no erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. 9. Water Pollution - Water pollution shall be subject to the standards established by the Minnesota Pollution Control Agency. (E) A certified copy of any conditional use permit shall be filed with the County Recorder of Scott County pursuant to Minnesota State Statute, Section 462.3595, Subd. 4. This shall be considered a restriction on how this property may be used. The conditional use permit shall include legal description of the property included. A copy of the recorded conditional use permit shall be delivered to the Zoning Officer as evidence of satisfying this requirement. (Ord. 95-05) (F) The property owner shall have the responsibility of filing the resolution with Scott County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the Planning Department. (Ord. 95-05) Section 7, Page 5 RESOLUTION 95-101 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, (CUP), TO ALLOW THE EXPANSION OF MIDWEST CABLEVISION, A PUBLIC UTILITY, WITHIN THE R-2, URBAN RESIDENTIAL ZONING DISTRICT. THE CUP REQUEST IS TO ALLOW THE CONSTRUCTION OF A 20' X 20' STORAGE BUILDING AT 15777 STH 13, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, CABLE FIRST ADDITION, PRIOR LAKE. WHEREAS: The applicant, Midwest Cablevision, of 3951 West l43rd Street, Savage, MN 55378, submitted an application for CUP according to the provisions of Zoning Ordinance 83-6, Section 7.5; and WHEREAS: the subject site as of September 11, 1995 is developed with the following: 1. 5 large satellite dishes 2. 1 tower 3. 1 l2'x 18' metal storage building 4. 1 14' X 40' gravel loading zone 5. Gravel driveway and parking area 6. Chain link fence surrounding satellite dishes and tower WHEREAS: notice of the CUP hearing was mailed to all property owners within 500' of the subject site and said owners permitted the opportunity to voice their opinions related to the CUP request; and WHEREAS: the Planning Commission, acting as the Board of Adjustment held a hearing to consider the CUP application on May 22, 1995 and September 11, 1995 and all interested persons were afforded the opportunity to voice their opinions on the application; and WHEREAS: the Planning Commission found the proposal to construct a 20' x 20' fiber optic, equipment building on the subject site meets the "Criteria for Approval" for CUP applications as per Zoning Ordinance 83-6, Section 7.5; and WHEREAS: the Planning Commission recommends the City Council approve the CUP application subject to the conditions of Resolution 95-08PC; and WHEREAS: the City Council considered the CUP at a meeting held September 18, 1995; and WHEREAS: the City Council affirms the recommendation of the Planning Commission to approve the CUP application. 16200 I!a~eo~ek Ave. S.E., Prior Lake, Minnesota 55:rn-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, that it hereby approves the CUP for Midwest Cablevision to allow the construction of a 20' x 20' storage building per the conditions outlined herein. 1. The applicant plant 10, 5 gallon, Red Twig Dogwood, along the south lot line in order to provide additional screening from the adjacent Westwood Elementary play ground. 2. The applicant plant 5, 3 gallon Mugho Pine, augmented by 3, 5 gallon, Red Twig Dogwood, along the west lot line in the vicinity located north of the driveway to provide additional screening from the adjacent Norex building. 3. No exterior storage be permitted. 4. The driveway and loading area be improved with a bituminous surface and concrete curb by no later than July 1, 1996. The design and construction of the driveway and loading area to be acceptable to the City Engineer. 5. The proposed building exterior be vinyl siding, with a gable roof, as indicated on the plan sheets (Exhibit B). 6. The existing storage shed be sided with vinyl, similar to the proposed storage building by July 1, 1996. 7. The natural vegetation on site be retained and left undisturbed. 8. All plans and specifications conform to the applicable codes and ordinance requirements.. 9. Future changes to the site including but not limited to the addition of other structures shall require a separate building permit and CUP be filed with the City of Prior Lake. 10. Additional satellite dishes may be placed within the existing fenced area necessary to provide communication, antenna and TV service to the City of Prior Lake. However, all satellite dishes must be located within the existing fenced area. In the event the fenced area is enlarged more than 10%, the applicant shall file an amendment to the CUP. 11. A site inspection report be required by the City Council prior to future decisions to renew or extend the Cable TV franchise agreement. BE IT FURTHER RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE that a copy of this resolution shall be filed with the office of the Scott County Recorder of Deeds. Passed and adopted this 18th day of September, 1995. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles, City Manager City of Prior Lake RES95J01.DOC 2 RESOLUTION 95-08PC A RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT, (CUP), TO ALLOW THE EXPANSION OF MIDWEST CABLEVISION, A PUBLIC UTILITY, WITHIN THE R-2, URBAN RESIDENTIAL ZONING DISTRICT. THE CUP REQUEST IS TO ALLOW THE CONSTRUCTION OF A 20' X 20' STORAGE BUILDING AT 15777 STH 13, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, CABLE FffiST ADDITION, PRIOR LAKE. WHEREAS: The applicant, Midwest Cablevision, of 3951 West 143rd Street, Savage, MN 55378, submitted an application for CUP according to the provisions of Zoning Ordinance 83-6, Section 7.5; and WHEREAS: notice of the CUP hearing was mailed to all property owners within 500' of the subject site and said owners permitted the opportunity to voice their opinions related to the CUP request; and WHEREAS: The Planning Commission, acting as the Board of Adjustment held a hearing to consider the CUP application on May 22, 1995 and September 11, 1995 and all interested persons were afforded the opportunity to voice their opinions on the application; and WHEREAS: The Planning Commission finds that the proposal to construct a 20' x 20' fiber optic, equipment building on the subject site meets the "Criteria for Approval" for CUP applications as per Zoning Ordinance 83-6, Section 7.5; and WHEREAS: The subject site as of September 11, 1995 is developed with the following: 1. 5 large satellite dishes 2. 1 tower 3. 1 12'x 18' metal storage building 4. 1 14' X 40' gravel loading zone 5. Gravel driveway and parking area 6. Chain link fence surrounding satellite dishes and tower WHEREAS: The Planning Commission recommends approval of the CUP application subject to the following conditions: 1. The applicant plant 10, 5 gallon, Red Twig Dogwood, along the south lot line in order to provide additional screening from the adjacent Westwood Elementary play ground. 2. The applicant plant 5,3 gallon Mugho Pine, augmented by 3, 5 gallon, Red 16200 ~gjfEf~feek Ave. S.E., Prior Lake, Minnesota 55:rn-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Twig Dogwood, along the west lot line in the vicinity located north of the driveway. 3. No exterior storage be permitted. 4. The driveway and loading area be improved with a bituminous surface and concrete curb by no later than September 1, 1996. The design and construction of the driveway and loading area to be acceptable to the City Engineer. 5. The proposed building exterior be vinyl siding, with a gable roof, as indicated on the plan sheets (Exhibit B). 6. The existing storage shed be sided with vinyl, similar to the proposed storage building by July 1, 1996. 7. The natural vegetation on site be retained and left undisturbed. 8. All plans and specifications conform to the applicable codes and ordinance requirements. . 9. Future changes to the site including but not limited to the addition of other structures shall require a separate building permit and CUP be filed with the City of Prior Lake. 10. Additional satellite dishes may be placed within the existing fenced area necessary to provide communication, antenna and TV service to the City of Prior Lake. However, all satellite dishes must be located within the existing fenced area. In the event the fenced area is enlarged more than 10%, the applicant shall file an amendment to the CUP. 11. A site inspection report be required by the City Council prior to future decisions to renew or extend the Cable TV franchise agreement. NOW THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING COMMISSION, that it hereby recommends that the City Council approve the CUP for Midwest Cablevision to allow the construction of a 20' x 20' storage building per the conditions outlined herein. Passed and adopted this 11th day of September, 1995. YES NO V onhof Arnold Kuykendall Loftus Roseth V onhof Arnold Kuykendall Loftus Roseth Tom Vonhof, Chair, Prior Lake Planning Commission Donald Rye, Director of Planning RE9508PC.DOC 2 PLANNING REPORT SITE: PRESENTER: PUBLIC HEARING: DATE: 3 CONSIDER CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION 15777 HIGHWAY 13 DEB GARROSS, ASSISTANT CITY PLANNER YES X NO-N/A -- MAY 22,1995 AGENDA ITEM: SUBJECT: INTRODUCTION: An application for conditional use permit (CUP), has been submitted for consideration by the Planning Commission. The applicant, Midwest Cablevision, requests a conditional use permit in order to locate a public utility building within the R-2, Urban Residential Zoning District. The proposal is to construct a 20' x 20' storage building to house fiber optic equipment needed to provide cable services to the community. The building is proposed to be located as per attached survey. The proposed building exterior consists of vinyl siding with a gable roof. See attached Exhibit A for drawings and information related to the proposed sto:age building. BACKGROUND: Two previous CUP's were issued on November 9, 1983, and February 6, 1984, to North American Communications Corporation to locate a receiving tower; two, 7 meter earth station antennas; and a 12' x 18' building to house communications equipment on the subject site. In addition, a 115' height variance was granted to construct a 150' receiving tower. See attached Exhibit B for reference to the previous CUP files. The conditions of approval of the 1984 CUP are outlined below: 1. Staff s recommendation regarding tree planting and landscaping be met. 2. The natural surroundings be left undisturbed. 3. There is proper security lighting near the building and on top of the antenna. 4. All the anchors be fenced in. 5. The land not be subdivided while under the ownership of North American Communications Systems, Inc.,. 1626l(Y'!?~g1e Creek Ave., Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER An additional "consideration" was made part of the City Council motion to approve the conditional use permit: "The stipulation that the access road from Franklin Trail be investigated and if possible to have the easement granted to have the road installed as part of the original construction" Councilmember Busse stated "that if we were to receive the easements for that road, it could be the same type of road. They would not have to improve it at this point." The Planning Commission should note that since approval of the 1984 CUP, the driveway access has been changed from a platted, but unimproved street (Hill Street), to a private easement which provides access via Franklin Trail. Appropriate street vacation proceedings and subsequent private access/egress easements have been provided to the site. Since the 1984 approval, staff has inspected the site on a number of occasions and noted that the landscape plan has not been completed; and other Ordinance violations such as, use of an unscreened dumpster; refuse on site consisting of cardboard, wood, tires; outside storage of cable, spools, and other equipment; and parking of up to 6 vehicles on site. In addition, three satellite dishes have been erected on site without approved building permits. The previous owner, North American Cable, and current owner were contacted by former Planning Director, Horst Graser, via letter and phone calls advising that site inspections revealed several Zoning Ordinance violations as well as violation of the approved CUP, (related to incomplete landscaping). Corporate representatives for the applicant did not respond to the letter nor phone conversations made by Mr. Graser in 1993-1994. A site inspection was conducted the date that this agenda report was written. The inspection revealed several Ordinance violations such as: garbage and refuse on site; outside storage of two trailers; 12 large spools, located outside of the fenced area; 5 satellite dishes inside of the fenced area; countless large spools located inside of the wire fence; unused utility boxes, wire, and an unscreened, broken dumpster. DISCUSSION: The responsibility of the Planning Commission is to review the application according to the provisions of Zoning Ordinance Section 7.5 attached. The purpose of a conditional use permit is to allow the City the opportunity to review the site, adjacent land uses, and the proposed use, to determine under what conditions the use can be located in the underling zoning district. In 1984, the Planning Commission and City Council approved the CUP believing that the cable public utility would be a good transition land use between the B-1, Limited Business District (Norex), to the west, C-l, Conservation District (Westwood Elementary School), to the south, and R-l, Suburban Residential (Centennial Addition single family residential neighborhood), to the east. The previous CUP's recognized the need for facilities to provide cable TV services to the residents of Prior Lake. Midwest Cablevision has been awarded the cable franchise in Prior Lake. The application before the Planning Commission is to consider expanding the public utility operation to allow construction of an additional 400 square foot, storage building. The subject site consists of approximately 5 acres of land that is heavily wooded. The "CU9502PC" 2 access to the site is via a private easement from Franklin Trail. Public view of the site is limited to view from the Westwood Elementary school playground and Norex building. In winter, leaf off, conditions, the site can be viewed from STH 13, C.R. 44 and the properties to the east however, trees, sumac and other volunteer growth do provide screening. Staff is not aware of any complaints related to the operation of the existing public utility. The performance criteria for conditional use permits, outlined in the Zoning Ordinance specify: "The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties," and "The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood." Site inspections reveal that the visual impression of the property is poor. One reason the poor image exists is due to the illegal outside storage of spools, equipment, trailers, as well as the garbage and refuse Ordinance violations. Outdoor storage is not a permitted nor conditional use within the R-2, Urban Residential Zoning District. The CUP should specifically note that no outdoor storage is permitted on site, in order to improve the visual appearance as well as comply with Prior Lake Ordinances. The existing site appears cluttered due to the number and placement of structures on site. In addition, the property surrounding the antennas, tower, and existing storage building is not well maintained. The addition of a second storage building will add to the visual clutter. The applicant should be encouraged to develop an overall site plan that takes into account, future, long-term uses for the property. At this point, the CUP should require that the existing satellite dishes be painted an earth tone color and/or a privacy fence be installed and maintained, which screens the equipment. In addition, the existing storage building exterior should be sided with vinyl siding comparable to the proposed building. The CUP should also require additional landscaping along the west and south property lines to screen the use from adjacent Norex and Westwood Elementary School. ALTERNATIVES: 1. Approve the CUP for a 20' x 20' storage building to be constructed as requested. 2. Table or continue consideration of the CUP for specific reasons. 3. Deny the CUP finding that construction of the storage building as proposed does not meet the CUP approval criteria as defined by the Zoning Ordinance. 4. Approve the CUP subject to the conditions outlined in attached Resolution 95- 08PC or with changes directed by the Planning Commission. RECOMMENDATION: Alternative #4. A cable TV franchise is considered to be a necessary public service. The recommendation is to approve the CUP, subject to specific site improvements and performance criteria. In order to assure compliance to the CUP conditions, staff will monitor the site on a periodic basis. In the event that the CUP conditions are violated, appropriate legal measures will be taken to enforce the CUP. Violation of the CUP should also prompt immediate review by the Planning Commission and City Council. "CU9502PC" 3 ACTION REQUIRED: A motion to adopt Resolution 95-08PC recommending the City Council approve the CUP to allow the construction of a 20' x 20' storage building at 15777 8TH 13 subject to the conditions outlined therein. "CU9502PC" 4 '~7~'-: OJ OfS -02- P!Dt;;Jf1- ;) -M *dJc9-o APH.,ICATION FOR mNDITIOlW., USE PER-tIT i!ii~,,,iJ#,jf.ir':~f'.' ' Applicant:O.o.Cable RbldlhgS, Inc. dba Midwest Addr~s: 3951 W 143rd st. Savaqe, MN 55378 Property o.vner:Mi qtXest CqpleVisi,on Addr~s:3951 W. 143rd st. Savaqe, MN Consul tan Address: Prop::>sed LegalCe Existing Property Acreage: 1 3 Present Zoning: B-1 Conditional Use Being Requested: Upgrade the facility by constructing a new an9 improved headend buildinq. 'il "' "; G t: Phone: :1 \~'~-'.':] L...: ::.,,_ ..~~--~- "-. ) " Conditional Use Address: Headend site for cable system APR 28 &Ii \ scription: Cable First Addition ,\ Use of Property: ijeadend site for cable svstem .;,i""l",,,.~J"'> ".: Ca~~iM,'6~: 612 r<<:>rk Phone: Herne Phone: Work Pronei: 895-0122 f/95-0122 ~95-0122 Ceed Rest r ict ions: _NJ Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: N:> X Yes Request:At the time of the ori9inal construction for this Sqme purpose. When : SUBMISSION REQUIREMENTS: (A) Completed application form. (B) Complete legal description and parcel identification nurrber (PIO). (C)Filing fee. (O)Deed restrictions, if necessary. (E) Fifteen copies of site plan drawn to scale showing existing/proP::>sed structures. (F)Mditional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, pror:osed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, J;:6rking areas, walks and curbing. (G) Certified fran abstract firm the names and address of property cwners within 500 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. ONLY roMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNIN:; a:MMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requirements for conditional uses. I agree to provide information and follow the procedures as out! ined in the Ordinance. ~~4Jm~ Fee Owners Signature Date /f:J ICb /tG Date I ( THIS S~ION 'ID BE FILLED OUT BY THE PLANNIN; DIRECroR 5j:)) Ie( ,;)-n'li?l)lp PLANNIN:; (Xl.1MISSION X APPROlED DENIED '1/il/CIS I:lI\TE OF HE'ARIN3 KRSQ<5 -oEPe. CITY mUOCIL APPRO/ED DENIED q - IS ~ Cf'5 ~b~UTE OF HFARIN:; t1n/hl(1\\ lD '" 'U A 11- J.p ~ <1 <; mNDITIONS:~ QA J~J\ -J.-U~luh0\ Cf5- 10' l}1tu t A Q'b. ~ Signature of the Planning Director -1J - 7 - 15 Date RECEIPT 110 27385 DATE ~ III ~( CITY 0 F PRIOR LAKE 4629 DAKOTA STREET S.E., PRIOR LAKE. MN 55372 Received of fivLLttL1it1t C;iJ~ whose address and/or legal description is the sum~AIvAAlL1.ltt ~1.<J1)" for the purpose of ~;Wb ee1vuft&~-{~ r -t ~ OZlotxl-<-{- 0'0 I I a r 5 $ dr;O,~ Reference Invoice No. 00 }'lJt(i Receipt Clerk for t e City of Prior Lake NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, S. E. (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, September 11, 1995 at 7:00 p.m. or shortly thereafter. APPLICANT: Midwest Cablevision 3951 West 143rd Street Savage, MN 55372-1714 SUBJECT SITE: 15777 Highway 13 Lot 2, Block 1, Cable First Addition REQUEST: The applicant proposes to construct a 20' x 20' equipment building on the property as indicated on the attached drawings. The proposed equipment building will be located approximately 19' feet from the south property line. The proposal is to store fiber optic equipment inside of the building. The exterior of the equipment building is proposed to be sided with vinyl lap siding and contain a pitched roof. The Prior Lake Zoning Ordinance specifies public utility buildings require a conditional use permit in the R-2, Urban Residential Zoning District. The site was granted a conditional use permit in 1983 to operate and provide franchise cable communication services to the community. In order to expand and construct the additional equipment building, a separate conditional use permit must be approved by the Prior Lake Planning Commission and City Council. If you are interested in this issue, you should attend this hearing. The City Council will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8~. 0 a.m. and 4:30 p.m.. / 1J.L~aA k}O--tCI{(rl;l.;) Deborah Garross Assistant City Planner City of Prior Lake Date Mailed: September 1, 1995 16200 E~~~f~k Ave. S.E., Prior Lake, Minnesota 55172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, S.E. (Southwest of the intersection of C.R. 21 and Fish Point Road), on: Monday, May 22, 1995 at 8:00 p.m. APPLICANT: Midwest Cablevision 3951 West 143rd Street Savage, MN 55372-1714 SUBJECT SITE: 15777 Highway 13 Lot 2, Block 1, Cable First Addition REQUEST: The applicant proposes to construct a 20' x 20' storage building on the property as indicated on the attached drawings. The proposed storage building will be located approximately 19' feet from the south property line. The proposal is to store fiber optic equipment inside of the storage building. The exterior of the storage building is proposed to be sided with vinyl lap siding and contain a pitched roof. The Prior Lake Zoning Ordinance specifies that public utility buildings require a conditional use permit in the R-2, Urban Residential Zoning District. The site was granted a conditional use perm"it in 1983 to operate and provide a franchise cable communication service to the community. In order to expand and construct the additional storage building, a separate conditional use permit must be approved by the Prior Lake Planning Commission and City Council. If you are interested in this issue, you should attend this hearing. The City Council will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. ' . ;.!J.,G{loj(a/l dti(2jit;rJ4J Deborah Garross Assistant City Planner City of Prior Lake Date Mailed: May 16, 1995 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NEW ABSTRACTS CONTI"!UA'rIONS CLOSING SERVICE I( CU4WJL it . L;vun/ .,,1- /J., ~ t e. '1~/(^ f!:e~jJ, ()~ \, t.L1" l~(), ciJ..,{)..C RVc,IIM~RED PROPERTY ABSTRACTS 7 TITLE INSURANCE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, P.O. BOX 300 SHAKOPEE, MINNESOTA 55379 David Moonen and Dale Kutter Kerry Meagher, General Counsel TELEPHONE: (612) 445-6246 FAX: (612) 445'{)229 March 10, 1995 Midwest Cable Vision 1tr{;1I) 1)rn i&lrd- 3951 143rd Street West Savage, MN 55378 To Whom it may concern: According to the 1995 tax records in the Scott County Treasurer's office, the following persons are listed as the owners of the property which lies within 500 feet of the following described property: Lot 2, Block 1, Cable First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. WILLIAM J ASSIMES 15717 MITCHELL CIR SE PRIOR LAKE MN 55372 JOYCE J ANDREWS 5307 LEMLEY CR SE PRIOR LAKE MN 55372 RONALD L & SANDRA HABERKORN 6524 SMITHTOWN RD EXCELSIOR MN 55331 GARY M & KATHY M MONNENS 5281 LEMLEY CIRCLE SE PRIOR LAKE MN 55372 EDWARD L HOWARD 1227 HENNEPIN AVE MPLS MN 55403 GRANT G LEONARD 5230 HOPE ST SE PRIOR LAKE MN 55372 CHRISTINE L HANSON & CHRISTOPHER P ROONEY 5345 LEMLEY CIRCLE PRIOR LAKE MN 55372 JAMES C JORGENSON & WIFE 5373 FLAGSTAFF CIRCLE SE PRIOR LAKE MN 55372 ROGER J SKARIE 5317 LEMLEY CIRCLE SE PRIOR LAKE MN 55372 EUGENE M STEARNS 5383 FLAGSTAFF CIRCLE SE PRIOR LAKE MN 55372 Page 1 of 2 MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY JOSEPH W CORBETT 5393 FLAGSTAFF CIRCLE SE PRIOR LAKE MN 55372 BERNARD & ROSEMARIE GEARIN 15740 CANDY COVE TRAIL SE PRIOR LAKE MN 55372 ARNOLD & GLADYS GRUETZMACHER 5344 CENTENNIAL ST PRIOR LAKE MN 55372 GEORGIANA DILLON 5375 CENTENNIAL ST PRIOR LAKE MN 55372 THOMAS L SKU ZACEK 5401 CENTENNIAL ST SE PRIOR LAKE MN 55372 IND CONS SCHOOL DIST 719 DISTRICT OFFICE PRIOR LAKE MN 55372 RONN HECHTER PO BOX 35092 EDINA MN 55435 PEOPLES SAVINGS & LOAN % METROPOLITAN FINANCIAL CORP 6800 FRANCE AV S EDINA MN 55435 HAPPY HOLLOW 15870 FRANKLIN TRL SE PRIOR LAKE MN 55372 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK AV PRIOR LAKE MN 55372 DONALD C & ARDELL LOEHR 18077 MURPHY LAKE BLVD PRIOR LAKE . MN 55372 LAWRENCE J & ANTOINETTE WILD 5344 160TH ST SE PRIOR LAKE MN 55372 DUANE F ARNDT 15822 CANDY COVE TRAIL SE PRIOR LAKE MN 55372 JAMES L & JEANAE B JUSTEN 15784 CANDY COVE PARKWAY PRIOR LAKE MN 55372 ALBERT J KOCHER & ROSEMARY KOCHER 5400 CENTENNIAL ST PRIOR LAKE MN 55372 PAUL F BUSSE & WIFE 15761 CANDY COVE TR SE PRIOR LAKE MN 55372 JAMES E & MARY LOU SIMON 5366 CENTENNIAL STREET PRIOR LAKE MN 55372 sn;;s~ TI~. , '--,,/ ~- David E. Moonen President INC. ---........ [lr ~ Page 2 of 2 ,. . . II' ~] MEMORANDUM "~'O_~~M" '''''_--~-;::-'~-?'''''~l~::--;'-~i'-';'_:-:,j \ f. H>_, I. ;:J ((-~ \ .:; \' I '\\! i i \ i l",^, '\. ,...1 .~7 C'J ......\ .-! --" \\\J\r~;~---" ~l i<PR 28\990 v' , . : Vi .~ INTERMEDIA INTERMEDIA PARTNERS To: Tim Block cc: Alan D. Mutter (w/o encl.) Bruce J. Stewart (w/o encl.) Joe Shanks (w/o encl.) Bob Pace (w/o encl.) From: Kristin M. Diamond Date: April 19, 1995 Re: Application for Conditional Use Permit for Prior Lake Minnesota Attached please find a copy of the above-mentioned application signed by Alan Mutter. In can be offurther assistance please do not hesitate to contact me directly at (415) 616-4616. g:\opsllegal\corresplkmd\adm.mern 235 Montgomery Street, Fourth Floor San Francisco. C4 94104 Phone: (415) 616-4600 Facs;m;k: (415) 397-4706 . - 5 ~ JI ~ i .c'" .. '.. o " ~3 . .. :5 a ." 'W ~ 3:J l: ""- ~ .... 3 I!- =-= ...:" .. _2 ,~, ..... ~ ..~i Q 'l::l~"" ......... j! o . . }s E1 ."" "". ii y. ..- .. o .g! .. .~ 0" ~j .... ~,. ~! ~i ... ..J ::I '" ;>, ... .::1 ~~ ~ 0' 7 .~. ~~~' :%:].0 4:.y. 'i\ ~~' ~~~ ~7~ ~~.'~. ., a . f ! .. " j .. : ~ ! ~ ~ >- ..J =- '" .. s . () . ... ~ i s = i 1 ~ . . i ~ -: ~ 3 g . i ... ;l 1 '4 ~ : ..; ~ ;:: a ~ ... , ... :) . _.....1 :: 3 i · ~ e .:: ~ ~ ~o."'.... : .. j '" f. ~ ~ ~ ~ ~ :? ~ ~ ~ ; ~ : : .~~:i~~ ~.I~ . ~ ~ '" ...... ~ .~ i t .. o ... o .. ... ... \Q ~ a ... .. . > . .... . '" j ;! ; "" . .....u'...n ..~. ;N II , \ l . \ III '~~ ~1..1. -Q ~- ..)!( ~5~ :%.\\l~ / ,io , . "t ',._~i .' 'f)/ 10' '1---- ..~;i~ tf ~:f) : . __ <>I :iY, Il -I ~~~ ~~ !~ l I li ~ !~ --- ~ ". . . ~. ~ I ~,.!!. .:...- \.' .... .' & ... .,,~!. . I · I " ~,:' , J I r '.:~ ;\. ,'.i , .' i-. '\ .' I:," .. .. .. . , 0. ~tl .' It-I" I i I;:. f1 11.''- : II !'\.~- . '-IIi ~ : ! IIJf'~" ~ _fi.11 - .. .::) D; :1 5&CUk''T''< L16"'r 'f'W,:TUae ~ fieTo' ecta 510 e.o-M IOO'f.4 t.tf'S OA. etiWllIi.. t. ~~~ ~&':M~~ID ...tK'(L.~& ...,., OIPtttGl toP OP ....f4.. :'.r:,~~t4" / / / / ._"',....+. I "'."'Id'........' ...He.PAWMj..OU~vii-l- ,"'-- -,'..~'"+.~"f1't;lcP ~1" ':f-' I ~~~~~~~ - I:~ .~~J4~----l II !: f I _AT......MQU>'T^...'''''''TeP. -Ji,: ..,.....-"""""", JJ 11 .1 r-=:::_-1=-~r~c.t~~-~=_+~~, ..."I_t.' . ----a1t-.l- ===== -= = = =::.-= YiIU TO 'TMUtM~IH~'T'''1..I.. ""M ~~Z;t (6N)T) ITe. OF ,~ llOlW.: '1rJ'.JlfW'oF..t..'\.":'r!rT WE-5T E: E-VA.TIOt..1 II4'at!.o" I:A"T 1<I-.l>IMI"'~R. (OMIT _"I~ ~ l..OU~li....) QJ F-:::>Ul...!Dl:nOt-l PL..t...I~ r.7uf4t7ATIO~ 6e~:.. J..W'T'E.oe.: .- FcXlTl~ .......... ee.o.1:. 0'" .....,,''''TU-''' .",1. olll c.oM~ a~\HE.E:.u.Cl' tKU..I... ('tS"'Q ~ P..............). eou...~ ,"w4u.. 61!. AfI'P'R.O"IeP It'< '" C/UAL..!Fla.c::o :501L..5 ,~HeeIt- fl!Lle......'T A.u..... TE."" ~IZ-T~ ro TH~ A-t::..CJ.tln:.::..r.. 2.. 1/..\ T""e- ~M'" OF ~U.. 'C1O~t--I..",=" A'?SUM.ee;, ~ ~IH6: ~U"e. - ~,QPC PftF, eOt-iTlU<oc..T'C>IIL S\-'.l.....:... "S,J:.IF""(, ~ t=:OOjt~; s.ouv..l. K fOlltt. 'U(t.1#? fi:e.~~-s.aoNl: .... (:l~.U..j~llolG:l &A~C;o: A.'5TM A.,",f~ GoJU..PIt.. a.o. -;i. CO~'TE.: 3,000 P~l . ~~ 01--1 Gtfl..ADe,. AMCl' t::oon~,., ':,PIG; TO '.'0 A.I\IC.. 6J-l,,.ltA.I~17, e.o~"f. ILl.,..... vllltt-4'T ,,' tl4'.I'..o' , , , , rCOMT' ,4tJ.Pfle. VaNT ~f~U.~ ~H " " D.e. -seA>. (!) l~:r...~'LU rl&:\!'=~. ;::1.""..... i"c!I VIt.&"(L- "eN'11W ~T ...........". ~~~. -- l'I'U~"o" PL....fI. (1"'(f'1 .J ,;, -0 I i.' - I If.~~i~ /' '\ --- T....,.' ~ ....'~"l<)1 ~ e--- ..../ ,.':.. '/ @ 5~CTIOI-l 2....~WC;O."-'1U~ A"ftA-fo",C.. (_..... Ra'IF T~) THRoW E!>UILDII-lc" fl4A.""OIt k~ 'J- .....G:I .. . r::. ,.."f..c' (~ -) atlU~ ll&ln F"'.1UIte.... (12- IUWlU'IlE.P) - ~e. :r '<l -~ $> () { .r _C&II_'I-\& pUF'L.e)l. ri lr&'..e.rr"Gu~'S..<.~ "'_He-It. I I '::::::~.I. ) .. 5 eoun-l ELeVATIO"-l '14'&1'.0" I4OILTI\ e.L-IIN~Tt()'" .,M.UOl IN I!~ ~l v=....'...~K'............ ~oeIPIl"4..---+ Ilf~" OJ/.:''l'lN.)l.. .......-....., ~if"~~g~1: ~E --e! -..x.n:.ucoe.r fIFOi,IUENl.T1ot-l I 1'("'~ AIL ..........~ r'F~If:r..eD ~.=. ~~ . ~...... ^T~'o.4. eo..~~'1,.;r.~:: tJ'e.~U !I."~ ~~ON -~. -' .&'C.M~--1 ~AIt '01) lC .; ::....,'*'" '" 'i-: .O~..*...t. \ .. { ( ~- L '&', Q0 ee.c:rr O~ 'AT FOUUDA TIOtJ I FOOTlklG au FQUIolPJ 0'D1l!.'!o Aor f 2,.... f 84-01 \ \ . I .~~ CITY OF PRIOR LAKE A"L1CATION FO. CONDITIONAL USE PERMIT Q)Jz401 INFORMATION Applicant: A/J.J, kU~~A.AI /AM"'~N/~ArIOAl.... t'.dPMIJ7IoM Address: PI,), &)t '777 lIi~"tl', tI'IN. .5"5" 3'1'2- ..., (.U CI .-do Property Owner: ~ d.1J.... "- DL ~() N Address: 744D lu'ST ~N~~'" ()RIII~ E/YNA, /'tN. . Consultant: /I",IE Address: NW}I 1.3 AND r~AuIrLlV T,('~JL. Proposed Conditional Use Address: Legal Description: A 7' TAC H tt' ~ Existing Use of Property: vA e ... N7 Property Acreage: 1 Conditional Use Being Requested: (l A81-G TV Phone: Mz-~I-&Z31 Phone: 9z..Z.- 17/~ Phone: P~IOl". LAk.F.. /YIN. . Present zoning: #€AIJi~ N () ~-z. Q Submission Requirements //.-------..-----. (A.)Completed application form.. (1.)Complete legal description. ((f.)~'lIng Fee: $50.00~ (D.)Deed restrictions, If necessary. (E.)Flfteen(15) copies of site plan drawn 0 -jcateshoWII\~'~;~/proposed structures. (F.)Addltlonal'nformatlon as requested by the Planning Director Including but not limited to: existin, ,rades and buildlnp within 700 feet, drain. plan with finished ,rade and ~/atlonshlp to ex/st/n, water bodies, If any, proposed floor plan with use Indicated plus buildln, elevations, landscape plan with schedule of plantinllS ,nd screening, Curb cuts, driveways, parkin, areas, walles and curbln,. (C.)Certlfled from abstract firm the names and address of property owners within 300 feet of the existing property lines of the subject property. (H.)Appllcatlon and suppOrtive data are due 20 days prior to any scheduled hearing. Unless clearly not applicable, the above Information will be required prior to review of this application. Submitted thl. IQ Approved conditional UII!I mutt be utilized wlthln . one YRI period 01 tlme or !NY be Inv.lkWed by the P1.nnl", CommIHlon. :;"; o j I . ~"NUTES of tho "rJceedings of the City Council 0' the CHy 0' Prtor LlkI In the , County of Scott and State of Mlnn.sot., Including .11 Iccount. ludlted by s.1I cJ Coune 11 . -...-..----.-- -...-.. -.....-.----- robruary 6, 11'84 84-01 Thu Cummoll Cuullcll or the CHy or f'rlor Lake met In regular lelllon on Honday, Fubruary (" 19~4 at 7130 PM In tho CHy CouncH Chamberl. Mayor John.on called thu muutlnlj to ordor. Pre.ent were Mayor John.on, Counclll11embefl Bulle, Sehweloh, Scott, City ",.Hldgor MuCulre, City Planner Cruer, Par.... . Recreation IUrector Manlliln, I>ollco Chlor Powoll, F Inanoe Director Te.chner and City Attorney KOllol. Councllmembor Thorkellon wal ab.ent. Mayor John'lln IlIked everyone to pleue rhe ror tho pledge oralleolance. Tho minutes or tho IllOctlng on January 23, 1984 I,ere reviewed. I Thufollowll1lj correction. ue to bo madc t.O t!>e minute. of January , I 23, 1984. Pago Paragraph 7 INSERT to It wa. the consenlus of the people present to go through with alt~rnatlve ,~. Ir the City wa. to walt to receive a orant PdlJe Paragraph 16 INSERT waS t to '" Page 4 Paragraph 1 SPELLINC wear MotIon by UUlle to approve the mlnutel of January 23, 1984 as amended and to approve the list of InvoJces Ichoduledfor payment on Tue.day, February 7, 1984 al submitted, seconded by Scott and upon a vote taken It wal duly pa.led. The next Item on the agenda was to conslder the Conditional Ule Permit request from North American Communloatlons. t Councllmember Schwelch excused himself from his Council position for this Jtem. I Clly Plilrmer Craser reviewed thls for the CouncH. He stated that North Amerlcdn. I Communicdtions is proposing to construct d 12~ foot receiving tower, a 12 II 20' bulldlng to house the equipment and two 15.S foot earth station dishes, requiring I d conditional use permit and a 90' height variance. He commented on the location of this dnd then reported on the Planning Commission hearing held on thls Item , with their recommendations. He stated that they approved thls request subject to tho rulluwlnYI l)Starr'l reoommendatlon regarding a planting program. 2)The natural surroundings be lert undisturbed. 3)Proper security lighting near the building and on top of the antenna. 4)All anchors be fenced in. Snhe parcel not be subdivided while under the ownership of North American COllllllUnlcatlons Systems, Inc. He commented on the edch of the contingencies. He closed with saying that It would be staff's recommendation to approve the request since the facUlty will l..ct oJS a good transition between commerclai and residential and would not be detrimental to the general health and welfare of the community. Mr. Tom Herdt commented. There was goneral discussion by Council and .tarf. Councllmember Uusse commented on the entrance off of Highway 13. He asked that they look Into ellmlnatlng It. ~ There l'Ias further discussion regarding a dlfrerent entrance to the maintenance building. l1dyor Johnson asked if it would be acceptable if we said that we go ahead and contact 11orlock/Erlckson to see if they would give them the easement at this poInt ilrld then as a stipulation if the easement can be obtained, to go ahead with the road. . If not put off the road until which time the easement could be obtained. Mayor Johnson directed City Planner Craser to contact Morlock/Erickson regarding the easement. I Mdyor Johnson then commented on the fencing around the anchors of the tower. \.... CJ ty Planner Craser stated that if a fence taller than 6 feet were to be Installed, they wouid have to go before the Planning Co..isslon for another variance. Tbere WdS further discussion on this. . """":"~'''':':"l'9'' .~:,:;:"':,, . .:. 5l~V... . ",. ,);,.oJ' i"'. ,,"... .:~,:,'1~ . t. ''''~!:Y~''''1')'''.~~;~H/ i' . MINUTES of the Proceedln, of the City Council of the City of Prior like in the . County of Scott and State of Ittnnuotl, including 111 Iccounts Idvtttd by said C.oune II. f --:---1~;:: :1~"~:~"'" ".,.. 'ho' It _d be be" to Jo". It "p to ..", "morlo.1Il COllllltmlcdtJoll.. I ~"'~lIr Juhnlloll IItatod that we should Itate that II a conalderatlon then In the motion. Motion b~ Seott to approve the Condltlohll U.. Per'" and Vlrlance reque.'ed b) North AMerican Communication., Inc. on the propert~ .pecl'ied by them 'or I tho location 0' the tower with the .tlpulltlon thlt the looe.. rold 'roM Franklin Trail be Investigated and i' po'llble to have the eale..nt granted to have the road Instilled aa part 0' the orlglAll conltructlon, and thlt the I ~ contlngenciel that the Piannlng COMMla.lon pieced on, loconded b~ Bulle. Councllmember Uusse stated that if we were to receive the easements for that I rodd, It could be the same t~pe of road. They would not have to Improve it .It. thh jlOint. i With no other oommentl or questionl, Hayor :Johnlon called the question on tho , mot. Ion and upon a vote taken it was duly palled. Councllmemller Sehweich returned to the Couna1l at thia time. The next. Item on the agenda was to review the Liquor COllllllttee' s recommendation for freddles on the Lake. Clt~ Manager McCulre reviewed this 'or the Council. He read a letter that he received from Hrs. Jo Pehrson. He stated that It WIS the oonsensus 0' the CUlII1Ilttee that Mrs. Pehrson WII surrendering the lioe."e, the CONllttee made the following motionl "Motion to recommend to the City Couno1l to acoept :Jo I'uhrann'a On-Sale Liquor License surrender effective 1100 AH on February 7, 1984. I He further stated t. ha t there has not been another applioatlon to replaoe the llcunsll. If this is accepted b~ the CouncU as recommended b~ the Committee, untl1 .1 nuW applloatlon 11 made and a new Individual 11 approved. there would be nil J lquor sal es at I'reddles on the Lake. Hd~or Johnson asked If there were an~ other questions or comments. C1t.~ Attorne~ Kessel stated he had reported to the Liquor Committee, that he had been In contaot with the Attorney of Freddlea on the Lake; he had called me (Clt~ Attorne~ Kessel) and we had a couple of conversations. I strongly urged him tll<Jt he have hls ollent and hImself appear at the meeting tonight and also I to /l<Jve :.10 Pehrson appear to revIew preoisely what her position was in respect to thu letter. The attorney stated that he would contact Fred Sehwe10h and ! tull him to contact Jo Prhrson and the~ would both be at the Committee meet- i Il1g. The Committee waited Just untU the CounaU Heetlng to see whether the I two parties would appear and neither party appeared. The CommIttee was 'aced I with Just the letter itself and he thought the letter had to be interperted as d surrender of the lloen~e and not a request 0' transfer. The language Isn't totall~ olear, but thought that she is surrendering the Uoense and no longer wishes It to IJc in her name. ""'" Mr. Fred Sehweioh appeared before the CounaU at thls time. Ma~or Johnson told Hr. Sehweioh that the Counc1l was oonsidering the recommend- at1ol1 of the LIquor Committee. o Mr. Sehweleh commented. o Cit~ Attorney Kessel repeated his comments about his oonversatIon with Hr. Sehwelch's attorne~ and the other comments that were made at the COlll1llttee meet- ing. There was further discussion by Counc1l, Staff and Hr. Sehweloh. o j Ma~or Johnson asked if it was true, Hr. Sehweioh oould not seU any liquor at Freddies on the Lake as of Tuesday, February 7, 1984 at 1100 AM, until suoh tIme as a new IIoense was applied for and approved by the Council. C1t~ Attorl1c~ Kessel stated that, that was oorrect. ~~~^~::::'2^5 .; ~'n - "- \ . . (> ( OJ 84-01 CITY OF PRIOR LAKE TO: HORST GRASER CHARLES TOOKER. CITY CONSULTING PLANNER NORTH AMERICAN COMMUNICATIONS CORPORATION CONDITIONAL USE/VARIANCE JANUARY 18. 1984 FROM: SUBJECT: DATE: The plan pro~~ded by North American Communications Corporation is a valuable part of this application since it shows the contours they are dealing wf,th at this location. This in combination with the topog';'aphic information on file at the City Hall, which also includes major tree cover. suggests that a shift of all improvements to the north would be beneficial. A move of the entire improvement approx- imately 40 feet to the north would provide natural screening of all on ground facilities. This could be accomplished without loosing any ground elevation for the tower. The only difference between this placement and the location in the current proposal is that a move of all facilities would require the removal of more existing plant materials within the proposed six foot security fendr.g. This would appear to be a small cost particularly if more natural cover were to separate the proposed facilities from direct obser- vation from the elementary school playground. Additional protection could be offered if North American Communi- cations Corporatior. were to plant 15 to 20 six foot balled and bur1aped Norway Pine trees at scattered locations on the southern portion of the property. Additionally, the eastern boundary should be planted to sumac bushes. These will spread and provide a natural barrier for children at the elementary school. It may be useful to call attention to previous discussions in which a sixty foot wide right of way between Franklin Trail and this site were agreed to in exchange for up zoning the frontage along Franklin Trail from apartments to business use. The long range objective is to relieve Highway 13 ofa bad intersection. The traffic to both the real estate office and the cable TV tower would then be directed along Franklin Trail. This access cannot be accomplished until both the office bu:l.1a:l.ng anc! tho Iron tag. along Franklin Tra:l.1 have be~ t\ platted. (e12)"?,~. 4820DAKOTAS,.REE'r I.E. PRIOR LAKE, MINNESOTA' _72 P.O. BOX 3SI ;\:)~;'::;:','~ , , J i~ I )'?~ ') !1 1 j 11 '1 " rtUnu.t~s' ..JA.Y'\c..t.Q.f"~ tot, ,q,'f PldV'tY\' ~ C.O YY\ 'M ~u to 1'"\ 84"01 Jim Simon. 5366 Centennial St.. aaated that he would rather have a tower then other commercial, and/or 11 or 12 condon's next door. How long would the towe'r stay in this location was a quest10nlll he held but was very much in favor of the tower. Mr. Herdt stated he really couldn't put a time on it but probably 15 to 25 years. The Planning Commissioners had concerns over security, fencing. light- ing, red light on top, access, fee ownership or title, lightning & future use. Sig Hosan, who has been in the tower construction business for about 30 years now~ stated that 'e does not know of any problems with lightning but soil is a very i1!iportant factor. Motion by Roseth to approve the Conditional Use Permit and a 90' height variance for North American Communications Systems, Inc. because the facility will act as a good transition between the commercial and residential areas adjacent to it and will not be detrimental to the general health and welfare of the community and approved upon the following contingencies: 1. Staff's recommendation regarding tree planting and landscaping be me t. 2. The natural surroundings be left undisturbed. 3. There is proper security lighting near the building and on top of the antenna. 4. All the anchors be fenced in. 5. The land not be subdivided while under the ownership of North American CommunicationA Systems. Inc., seconded by Upon a vote taken, the motion was duly passed. Disc~sion followed concerning the retreat of the City Staff and Council. The Planning Commissioners requested City Planner Graser write a Memo to the City Council requeating attendance of the Planning Commissioners if any topic was pertinent to the Planning Commis4ioners Motion by Roseth to adjourn the January 19, 1984 Planning Commission meeting seconded by Larson. Upon a vote taken, the motion was duly passed. The meeting adjourned at 10:25 P.M. ~~~ ~~ EXHIBIT B 0 ",-,.:;,'-:,'" ,',":',i:_>'-_ '",- ,'., ,', ' ,',' ," , " ,,' . " , . ~.~~J~~"'P""'~'~F~~~~~'::H"lA' ,~,~t:. '" '"" ~"'~;h~,,;,i,'i~(;;';, " ",I, ", " ..,. f \ 84-01 CITY OF PRIOR LAKE MEMORANDUM ---------- TO: FROM: RE: P~ANNING COMMISSION HORST W. GRASER COMMUNICATION SYSTEMS INC. - CONDITIONAL USE AND VARIANCE JANUARY 16, 1984 DATE: ~ North American Communications Corporation is proposing to construct a 125 foot receiving tower, a 12 X 20 building to house equipment and two 15.5 foot earth station dishes requiring a Conditional Use Permit and 90' height variance. The subject site consists of about four acres of R-2 and B-1 zoned property. Access to the site is from Highway 13 via the Colbeck-Busse office building driveway. The subject site and office building are owned by Howard Olson and are considered one lot. A subdivision would be required in order for the subject site to be split off. The location of the tower, 12 X 20' building and dishes is at the highest elevation of the site, about 960. It is at least 150' from the tower base to any properl:y line. There is some mature tree cover on the north and west sides of the tower but the south and west sides would require additional screenings. Directly to the south of the site is a play field for Westwood Elemen~ary School. The area adjacent to the north is zoned R-l and developed with single family homes. The elevation of this area is from 15 to 20 feet lower with heavy mature tree cover minimizing the visual impact of the tower. The closest home is 250' directly north of the tower. The distance between Highway 13 and 'the tower is 400 feet. Motorist traveling Highway 13 will be able to see most of the tower. ~ The':remainder of the unused site is to remain in its nailural state. This may provide a welcome break to ribbons of development along Highway 13. Also, the open space vs medium density residential is a good compromise for the residents to the north. The visability of this facility is increased he cause of its location. It is a cons1stant vist~l impression with commercial and or indust- rial property. but not residential. But in this instance this low intensity facility provides a good transition between commercidl and residential. P.O. lOX 8S1 PRaOR LAKE, MINNIIOTA 1U72 \ . 84-U1 STAFF RlCOHMENDATIONI Approve the request since the facility will act as a good transition between cotamer~Ul and r.ea1dential and not be detrimental to the general health and welfare of the community. The approval is sub- ject to a planting plan approved by Staff. ~ - . 'i"f~:)"'0.~:,:'f:.,'i - - -- '.' 84-01 CITY OF PRIOR LAKE ~ NOTICE OF PUBLIC HEARI~G '.l 'I I " t: I You are hereby notified that the Prior Lake Planning Commission will conduct a 'uhlic Rearing on the 19th day of January. 1984 at 8:45 P.M. in the City Council Chambers located at 4629 Dakota Street S.E. The purpose of the hearing is to consider a conditional use permit application by North American Communications Corpuration to CQnstruct a 125 foot receiving tower. a 12120 building to store equipment and two 15.5 diameter earth station dishes. The proposed site is about 4 ftcres in size and is located adjacent to Highway 13. directly west of Centennial Street S.E.. and north of Westwood Elementry School (see attached location map). Both oral and written comments will be accepted by the Planning Commission. For more information contact Prior Lake Planning Department at 447-4230. By order of the Prior Lake Planning Commission. Horst W. Graser Director of Planning City of Prior Lake . \ I I II t! ... " .. f CJJ~~ -03 CITY OF PRIOR LAKE APPUCA T'ON FOR CONDITIONAL USE PERMIT 88-08 INFORMATION Applicant: North American Communications Corporation Address: P.O. Box 777. Hector. MN 55342 Property Owner: Dave McGuire Address: 8911 Eagle Creek Blvd.. Shakopee. MN 55379 Consultant: James R. HIli. Inc. Address: 8200 Humboldt Ave. S.. Bloominaton. MN 55431 Proposed Conditional Use Address: Count V Road No. 44 (160th St.> Legal Description: attached Existing Use of Property: vacant Property Acreage: 5.37:1: Present zoning: R-l Conditional Use Being Requested: cable TV headend Phone:612-848-6231 Phone: 929-3131 Phone: 884-3029 Deed Restrictions: Noal YesO If so, please attach. Has the Applidant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: NolJJ: YesD What was requested: When: ~ Submission Requirements (A.)Completed application form. (B.)Complete le8al description. (C.)Filin8 Fee: $50.00 (1983) (D.)Deed restrictions, if necessary. (E.)Fifteen(lS) copies of site plan drawn to scale showin8 existinfl/proposed structures. (F.)Addltlonallnformation as requested by the P1annin8 Director includin8 but not limited to: existing grades and buildings within 700 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposecJfloor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, Curb cuts, driveways, parking areas, walks and curbing. (C.)Certified from abstract firm the names and address of property owners within 300 feet of the existin8 property lines. of the subject property. (H.)Application and supportive data are due 20 days prior to any scheduled hearing. Unless clearly not applicable, the above information will be required prior to review of this application. Submltledthh 9.1 ~ daY~I. . ._~}~ 72Jf-"~~ AppI .., Approved conditional uses mutt be utilized within I one year period of time or may be Invalidated by the P1annl", Commission. Property OWners SIpahn o .~ " t' Hr. Hal t Rtnted thnt wi th tht! new Iml:imcly purehnKc of th~ lot hA woulrl like to see 1I tax morntorium for htH 30 feet. City Planner GroRer8tated thnt Hr. Hall Rhould contRct the County. AlMo, thet'o f R no objoc tion to the prt'posed varinnce nnd the lot "1'1 f t ~qn be expedited by proccss of ReRolution 78-21. Motion by Larson to grunt as' eaRt Ride variance for the propoflt1d 53' Hetzser lot in Eastwood provided that the pnrtit!fI complete the proceHff in Resolution 78-21 atad fltRrr approval ia Rranted to that replattinR and the home is constructed and located on the lot in conformance with the drawings submitted, seconded by Felix. Upon n vote token, the motion waE duly rassed. t Item III, North American Communications Systems. Inc. Conditi~nal Use and Variance. Mr. Tom Herdt representative way present to an8Wer ~ue9t10nR. Mr. Herdt commented that the proposed property stte will be purcha&eJ cofttingent upon P1anninR Commission approval. The site will have a 12 X 20' wood building, two 15' satellite dishes and a 125' tower all enclosed with a security fence, the entrances over an easement on Hiqhway 13. This use will keep the natural state of the property without much disturbance in con~truction. o City Planner Graser commented per memorandum dated January 16, 1984. Mr. Graser commented that Charles Tooker, City Consulting Planner, felt the site needed additional p1antings of 15-20 pi~e tTees to the south and east and sumac along the school property line. At this time input was given from the audience. Douglas St. Aubin, 5401 Centennial St., had concerns over the effect this facility would have on the natural environment of the site and T.V. n!ception. Mr. Herdt 8tate~ that the only part fenced in would be the anchor points, building and dishes and there hasn't been much of a problem with reception to T.V.'s in other ateas with cable. Manny Russo ~tated that all the people in the nf'!ighborhood wr;:re not con- tacted. I live across from the cemetery my neighbor called and asked me if I got s01llP.thing in the maiL That's why there is only a small tumout. As a Tesident of the community w\~ have the right as any other in the c01llllunity. It was turned down by group of pt!ople on the hill and it was turned down by the school board, I'm not speaking as .0 school board member but I am one. Lawrence Wild and others buH t our homes wheTe there is country. When there is a lot of kids their curosity is aroused. About a year ago a young student climbed over a fenc~ and got electrocuted. Kids will climb anything if it looks tempting. We are slowly being surrounded by businesses. The tower is only so high but we don't like it. It won't stop any encroachment in the area. There ate no guarantees. Most towers like this are put out in the country farther. v .' . .' . : '" ~ ""... ~ .,-;. Hr. Herdt 8tated he reully couldn't put a tl~ on it but probably 15 to 25 year8. ,..,-.1...., ;t: ~~. ~I: ';,~::' ~ 1(.\ \~~; . i I I. .' Jim Simon. 5366 Centonnial St., stated that h. would rnther hnve a tower then other commercial. and/or 11 or 12 condo'a next door. How lons would the tower Rtay in this 10catinnw88 a question he had but wae VlTy much in favoT of the toweT. The Planning Commissioners had concerns over security, fencinR, liRht- ing, red light on top. access, ree ownership or title. lightninR and future u.e, Sig Hogan, who hili been in the tower construction business for about 30 years now, stated that he does not ~now of any ~roblems with lightn- ing but soil is a very ilnpoTtant factoi:'. , ~""~"", Motion by Roseth to approve the Con~itional Use Permit and a 90' heisht variance for North American Communications Systems, Inc. because. the facility will act as a good transition between the commercial and residential areas adjacent to it and will not be detrimental to the general health and welfare of the community and approved upon the following contingencies: 1. Staff's recommendation regarding tree t>lanting and. landscaping be met. 2. The natural surroundings be left undisturbed. 3. There is proper security lighting near the building and on top of th~ antenna. 4. All the anchors be fenced in. 5. The land not be subdivided while under the ownership of North American Communications Systems, Inc. ......I......J.......:~..~...~ " '. '. I,"'" ,'~':I \;jF ?l\1.i~ ,,:~ ':tF'l~ i' {'~1'l. 0.'.'..;'1'" i\'.1lU: 'r!::' seconded by Larson. Upon a vote taken, the motion was duly passed. Discussion followed concerning the ret~at of the City Staff and Council. The Planning Commissioners yeq~~8ted City Planner Graser write a Memo to the City Council requestin~ attendance of the Planning Commissioners if any topic was pert:inent .to the Planning C01llllliss1oners. o Motion by Roseth to adjourn the January 19, 1984 Planning Commisston meeting seconded by L.uson. Upon a vote taken, the motion was duly passed. The meeting lldjourned at 10:25 P.M. g , \, ~ ~ I?, /9"3 83-03 , Bill White. 6175 160th Street. felt the rellidents 1n the area were penalized for the benefit of the company. Kerl Lybeck area reaident had the same concerns as the other reddents aato view, devaluation of property, cost and the best site for this project. The Planning Comadss1oners commented on the site options, visual pollution, fencing, paving, devaluation, lightning, height of tower, and safety factors. . Motion by Roae th to con tin.. thf.s Condl tional Use and variance req...t :l.n order to receive more information regarding otber optlOllS that North American Communicatio~s Corporation is cor-sidering and at the same ti_ address the issue of the dangers regarding lightning and the aituation with the cables and danger to children and the other a1u op~ionsand their visual effect on surrounding residents and the dangers of 11gb tning caused by the tower to surrounding property, seconded by Felix. Upon a vote taken, the IIOtion vas duly passed. This item will be continued to December 1, 1983' at 7: 35 P .H. Motion by Felix to adjourn the November 17, 1983 Planning Commission meeting, seconded by Loftus. Upon a vote taken, the motion was duly passed. The meeting adjourned at 9:10 P.K. - " 'J \ - W3303 83-03 CITY OF PRIOR LAKE NOVEMBER 17, 1983 CONDITIONAL USE AND VARIANCE - NORTH AMERICAN COMUUNICATIONS CORPORATION SUBJECT: To consider a conditional use permit to construct 150 ft. receiving tower, two 7 meter earth station antennas and a 12 X 18 ft. building to house communications equi,ment. . To consider a 115 height variance to construct a 150 ft. receiving tower. STAFF ANALYSIS: Recently North American Communications Co~poration was awarded the cable franchise in Prior Lake. In order to operate,the company needs about 5 acres to accomodate the eqUipment t'1hich receives the signals from the satellites. F0r purposes of zoning North American Communications Corpor- ation will be considered a public utility. The applicanthes a purchase agreement to acquire 5.37 acres of R-l zoned resid~ntial land at the eastern edge of the City (see attached map) Public utility buildings and installations are conditional uses in R-l districts. Also a 115 ft. height variance is also required to construct the 150 ft. receiving tower. The subject site is bordered by County Road 44 on the north, single family to the east, vacant property to the south and one single family home to the west. The terrain of the site is very steep and hilly, making it difficult to introduce any use.without first doing substantial grading. The ~ite has some mature tree cover and is totally covered with under- brush. ~ All the buildings would be situated in the center of the site about 150 ft. from any property line. The remainder of the site is scheduled to remain in its natural state. A chain link fence is proposed to protect the equipment. The 150 ft. tower is proposed for the center of the parcel resulting in a distance of at least 200 ft. in any direction to the edge of the property. Three anchors hold the tower in place. The proposed use as compared to permitted residential in this district is not compatible. But the large aite and control location of the use on the site negate the incompatibility. The use is not dangerous or (112)44704230 4821DAK()T A S1'REET8.E. P.O. lOX _ PRIOR LAKE, MINNESOTA. _72 , 88-03 injurious. Should the 150 ft. antenna fall it will fall at least 50 ft. within the outaide perimiter of the site. Landscaping of over 5 acrell may not be in the best intereat of everyone. The natural Yegetatlon and hilly terrain provides a good buffer fnr the equlpment.,.and recreational space for area children. There -y be a possibility of introducing some additional overs tory to augment the existing stock. Staff will consult:with 8 landscape architect and report at the meeting. The use once completed will produce little vehicular traffic. A drive- way from County Road 44 will be graded to provide access for service vehicles. In general, the use conforms to the performance standards listed on page 36 and 37 of the Zoning Ordinance. STAFF RECOMMENDATION: Appr~ve both the variance and conditional use permit since the use sited and orientate" to produce a development compatible with the area. I I'....~ o 83-03 \ --------------.--- "'l '" ..- co. · 449.00 NO. 44 -... 'OJ ..., Of" I If) , (:) (:) C) <0 '" r~€ ~ :--, II =-:::F-::; ::: _/ B , ~ OF SE'e. I, r 114, R 22 ~ g ~ ., <& \ 'O. '" 1-- 120; -.---.-- ~ stRVICE" \3Mf) ~ \ l&.I 0 <: 0 /Z)' t&.l <:) '" IlCIlOll to;;; ~ 14- CO I () ~ I I ... I ... CI) / ~ .... 1 I ~ A (.INE PARALLEL WITH THE rNORTH LINE OF" THE NE 1/4 0000' - .. 'a, \. The Scientific-Atlanta Mdel8010A 7-meter earth sta- tion antenna was developed specifically to meet the high quality and total flexibility requirement of the com- mercial broadcast industry. Several features have been Incorporated in the design to provide performance which is unmatched. In pllrticular, the second genera- tion mount employs elevation-over-azimuth geometry. The efficient torque-tube mount. with either manual or high-speed (1200 Iminute) motorized actuators. covers a continuous 1100 in azimuth. This allows the antenna to "see" any satellite in the existing 700 - 1400 orbital arc from anywhere in the contiguous U.S. with the exception of South Texas. Simple repositioning of the azimuth lever arm allows coverage up to 1800 In azimuth. Another key advan- tage of this mount is the small amount of space required for its in'ltallat/on, allowing it to be placed near existing structures without loss of valuable real estate. The reflector size was chosan to provide a cost-effective product with the gain required for high Quality video signals of the commercial broadcast industry. The specified gain is realized USing the high-efficiency microwave design techniques developed for the 10- meter antennas and others. These design parameters were also chosen to yield low sidelobe characteristics which meet or exceed those specified by the FCC. Manufacturing techniques used to produce the Mode' 8010A antenna are also those which have been used on other Scientific-Atlanta antennas. The antenna Is constructed of eighteen interchangeable aluminum panels. Each panel is die-stamped using pre- "" ... Satellite ll.~celvlng~ui.P&nt 7-Meter Antenna, Model 80:;'OA clslon techniques to yield seclions which are light- weight. easily assembled. and economical. These tech- niques have been demonstrated to provide quality. per- formance, and reliabllit~ In thousands of Scientific- Atlanta antenna installations throughout the world. Features The features offered by the Model8010A earth station arg the product of Scientific-Atlanta experience In the design and manufacture of more than 85% of the com- mercial television broadcasters satellite earth stations. . 1800, Horizon-to-Horlzon Arc Coverage In Three Overlapping 1100 Continuous Sectors · Minimum Real Estate Required for Installation · Minimum Maintenance Requirements · Broadcast Quality Slgnal-to-Nolse and Video Per- formance INTC Report No.7 and EtA RS 2508) · Minimum Shipping Volume and Weight · Less Obtrusive than Larger System, Facilitating Easier Lco"al Claarance · Upgraa..;)le to Transmit (pending FCC approval) · Fully Enclosed Hub for Protecting Feed and LNA Specifications Electrlcll Operating Frequency Receive: 3.7 - 4.2 GHz Transmit: 5.925 - 6.425 GHz Feed Type Diagonal horn Gain at Midband, Referenced to OMT Port Receive: 47.5 dBI Transmit: 49.4 dBI VSWR 1.3:1 max Polarization Receive-only. dual linear (standard 8228DP feed) See "Ordering Information" for alternative feeds Polarization Adjustment Manual: 3600 Remote (Motorized): 1800 Reversible Axial Ratio (On-Axis) Linear: 35 dB min (std.) Circular: 1.40:1 max (2.9 dB maxI (optional) Isolation Between Ports (Std. Feed) Linear Receive: 30 dB min. Isolation Between Ports (Optional Feeds) Linear ReceivelTransmit: 35 dB min. Circular Receive: 22 dB min. Circular RecelvelTransmit: 30 dB min. Beamwidth at Midband (Nominal) - 3 dB: Receive: 0.70 Transmit: 0.50 -15 dB: Receive: 1.30 Transmit: 1.00 FIrst Sidelobo Level -14 dB I: 143 .. ~ I 88-0S Cable TV Building Furnish and be re~ponslble for all supervision, labor, tools, storage, equipment, materials, heat, power, transportation, etc. necessary for construction of a wood frame building on a floating slab. 2) Provide. a Certlflt;ate of Insurance. 3) Completion shall be within 45 days. 4) Payment shall be within 30 days of acceptAnce of finished project. 5) All materials shall be new, all workmanship l'Ihall be first class. 6) Excavate to firm subsoil and fill to grade with pltrun. 7) 12')( 18' )( 4" reinforced floating stab with formed arId trawled finish on 4 mil vapor barrier on 8":ompacted gravel. 1-3"PVC with 450 bend In floor for burled cable entrance 1 ) 8) 9) 1 0) 11) 12) 13) wall. 4' )( 4' slab In front of door WIth foot scraper. 2 )( 6 stud walls and stringers 16" on center. 2 )( 4 rafter: 16" on center with 4/12 pitch. tIt exterior gradeptywood with 15 lb. felt and 24Qlb. sealdown brown shingles. t" taped. sheetrock walls and ceilings, 2 mil vapor barrier All 5 sldea, all walls painted somi-gloss off-white. 6" fibergalss Insulation In walls, 12" In ceiling. Bulltrlte exterior 3hoathlng with 29 gauge vertical st.el sheeting brown baked enamel finish. Aluminum soffet, soffet vents, and facia. 3' )(6'8'. insulated stoel door with weather tight threshold and dead-bolt lock. 4" PVC pip. In c.nter of back wall b' Ilbove floor for ant.nna I.ads. Air conditioner cutout In north wall - size to be specified. Floor cover to be 1/d" ',inylasbestostlle of neutral color and pattern with cove base. 21) Work bench 8' long, 24" deep and 36" high with fo!'rnica top and open lower shelves. 14) 15) 16) 17) 18) 19) 20) 22) Remove waste from site. 23) All materials and workmanship shall be guaranteed for a period of one year. t) t) j tIl lC o.! ttl ttl :> :c 0 :c e: :> z .... :xl .... ::g tIl o.! ... l'o: Otll ......... t'l .....t'l n :Co.! Wt1l =z :c ttl , :0 ttl :z !;l. PI C"" 0 ,. z -0 "On ,. ." n con <> ::g <C"" :c :l'o: nttl 0 nPl ....C"" --:> n:xl t'l :c 0 ..... t'lt'l ." t'l I\) zn > l"I :> 1 "'ll"l Z >< "'l n l"I'" l"I I-! t'l e: )( ::go.! C"" o.! :xl "'l till-! I 00 n ttl 0 :> 0 e: C"" >< W "'l (II ..... I't .. 1 ......... ~ I l, , # tIl C"" 00 ttl co :> :c H > .... 0 C'l en :xl tIl l"I :c "'l [1] 10 "'l e: "'l enn en l:D ttl e: ....0 n "I t'l 0 Cl c<lZ tIl :xl I-! :> [1] 1110 C"" > >< C"" :::I .... > ." o.! .... 0 C"" <""'l ttl l"I c: C'l .... 0.... 0 :xl ::0 :c :c C'l 0 t'l "'l [1] :c c:rz :> "'l 11It'l 0 "I "'l :xl .... l"I "I en >< :xl .... "On <-l >< me: e: "'l ()-l ~ ::c W e: .... I [I] ::c ....0 t'l .... c: ~ 11I"'l 0- ci\-- CII ~ "- ~ I , I I , ~ o o o o o ~ ~ I C ~ 'i:~ ;?~ g}:' v i ~: ~,; .~. .~~. ~ ~; '~.' "f6 -,~r J~ I'~"'~' :"'", ~j , ~ ;.~:: . ~~':',: ;'.' '~. .,.','- ." . :~ -'I; 'i:~, I 'c~: ,~, ;, 1_' J: ,; ~:. ~ i '-;~ :11 ~- i '1..,' . }. , i~;' :~ . ,K) 'k::.,\ ii '1[ ':-'tf; ~,~,' November 21, 1995 Scott County Recorder's Office 428 South Holmes Street Shakopee,~ 55379 RE: Midwest Cable, Inc. Enclosed for filing is a true and correct copy of Resolution 95-101. Please send your statement with the recorded document. Thank you. I~ 1 JruULLt Lt~{!l/L-- Connie Carlson ' Planning Dept. Secretary enc. 16200 IBaglt'R6'ooek Ave. S.E., Prior Lake, MinnesotaP~31j'2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ; ./ File No. CU95-02 Midwest Cable, Inc. STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and acting City Manager of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. Resolution 95-101 Dated this 2.I~f day oiJl(/vl.f't~Ju I~ 1995. (City Seal) 16200 Ea~ Ave, S.E., Prior Lake, Minnesota %002-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER November 21, 1995 D.D. Cable Holdings, Inc. d/b/a Midwest Cablevision 3951 W. 143rd St. Savage,MN 55378 Dear Sirs: Enclosed for your files please find a copy of Resolution 95-101, Application for Conditional Use Permit and a copy of the City Council Minutes dated November 6, 1995. Sincerely, &tucLc CCULl3vL.- Connie Carlson Planning Dept. Secretary enc. 16200 ~~!Creek Ave. S.E., Prior Lake, Minnesd'i'&I553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9-08-1995 i0:d5AM FROf.1 NOREX, I NC 61 2 893 2385 P.l <It FACSIHILE TRANSMiSSION NOREX, INC. 15815 Franklin Trail SE Prior Lake, MN 55372 Phone: 612 893-2381 Fax: 612 893-2385 or 612 447-8854 TO: ~$._ GAP- f2<l?_~2._ C:LT_1 0P ~gIO{< ti L1.~L~__ <.{ ~4 ~ (2oN t-\-t\Bt~tc.oRJ 9J1!q?"" , COMPANY: L.A~" FAX NUMBER: FROM: DATE: TOTAL PAGES (Including Cover) ~ SUBJECT: MESSAGE: a~~-~-"~ ~. ~ -- t~~-- -' J ~~ ~ --.- ~ cj;;:~ ~f-~m TO: Prior Lake Planning Commission FROM: Ron Haberkorn RE: Conditional Use Permit - Midwest Cablevision Because of the holiday and a day of vacation I did not receive your notice until 9/6/95. And unfortunately I am not able to attend the hearing on 9/11. As I explained to Tim Block of Midwest Cable after we met at the 5/22 Planning commission Meeting . . . this is a very important issue for me and NOREX. We have gone to considerable expense to remodel our building to establish a positive and professional image for our team, our customers and the city. I have . . . as you know been very patient with the past appearance of the cable property. After all . . . the poor appearance was of a temporary nature (and has since been rectified). But, now we are talking about a permanent structure . . . which concerns me very much. The thought of looking across our parking lot at a 20 x 20 "sussel" type of garage for the next 25 years is difficult to accept. I realize the city does not have a standard for utility buildings. It seems quite logical to me that we should have standards that require utility buildings to be brick (as they are in many communities) so as not to unduly distract from the general neighborhood. After talking to a city planner I realize that, had I chose to, the NOREX Building could have been finished in narrow vinyl siding with 12 inch eve overhang and asphalt roof shingles (obviously we would have saved substantial dollars). I don't feel that would have been fair to the bank across the street or the city. The original Conditional Use Permit for the cable company was very controversial at the time . . . and barely was passed. It is only fair that any expansion of the use be done very carefully and fairly. Once or twice each year we receive phone calls from city Economic Development type people, asking how they can help our business. Frankly, I have never been able to think of any way they can help . . . but now I really do need some help from the city! We are requesting that the cable company: 1. Use a brick exterior with a cedar shingle roof. 2. Blacktop the driveway with concrete curbs, and plant grass or ground cover where not blacktopped (new homes in the city are even required to blacktop driveways). The cable company is a large company with absentee management and ownership. We must nudge their management to spend nominal extra money to upgrade the site to be fair to the neighbors and the city. As in our company . . . "once its spent we never miss it". I will be sending a copy of this memo to Tim Block of the cable company as well. Thanks for your consideration! CITY OF PRIOR LAKE 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 FAX # 447-4245 - TELEPHONE # (612) 447-4230 FAX COVER SHEET -------------------------- ,- DATE: # q~'/3 -t1~ TO: ]0\1 tia,..ke, toY n FROM: LD u.~ SUBJECT:~.M-1 ~ TIME: FAX#: Cj;OS- 3t13~ Z3&;' ~, Number of Pages Sent (Including This Page): b MIDWEST CABLEVlSION ~ ~ CS ~ 0 VJ [~Tlln AN INTERMEDIA CoMPANY ~~ APR 2 8 1995 ~' 4-28-95 Deb Garross City Planning Commission City of Prior Lake 16200 Eagle Creek Avenue S. E. Prior Lake, MN 55372-1714 Dear Ms. Garross, Midwest CableVision intends to upgrade the cable television system in Prior Lake. Our plans will improve reception, increase reliability and add channel capacity for new services. Our existing building at 15777 Highway 13 was built to house all of the equipment necessary to produce 60 standard video channels. We are approaching that limit now. Additionally, our engineers are re-designing the entire system with fiber optics, which was never intended when the system was originally built over 10 years ago. The fiber optic equipment will require a certain amount of room that is just not available in our current building. Additionally, any new services (channels, etc.) beyond the 60 channels mentioned above would be very difficult to add without the additional space. If you have any questions or concerns regarding this matter please call at your convenience. Thank you very much. ;z/~ Tim Block Midwest CableVision 3951 West 143rd Street Savage, MN 55378 895-0122 EXHIBIT A 3951 West 143rd Street. Savage, MN 55378. (612) 895-0122. FAX (612) 895-9860 . - 5~ ~ JI >>~ !'" a" ~ ~~ ~ ~ j! ! i. S j~ ~ -"" ji ~ :: : i <) .&1 ~ i~ ~ ;::~ i ~l ~ t::i ~ j i J ~ e :1 '.. ~ '" - .. :5 . 'J.... 3 .3 ~ .. "'~ ~ ~ 3 ~ =a ....... 'oJ ;,l "'''' z ::1 ....j; Q .33~ p ...' \c, ,. ~ 1 . \ 0' '~.' . 1..!,i;"': -,~J .. 2:10 a:~, ~~\g ~()I "?S~ ;-:z:t. ~..~~ I / i. 't 1 . t' ~ J J/ki~of~:."f-~_. . r~ ..~~ t: :.. : . -.2! ," po. tl I ~~~ ~~ ~? !~ l I · ~ :: u~ Ilia _ l.s j t i ,. ! I J I i ~ ~ 3 ~ ! ~ 3 : : I ~ ~ ! <j g . i = ., i ~ ~ ! .. __ w ..... ~ .. 8.' .s 1 ;: .. 'l ~ i i : N ~ e ~ ~ :9 >> 0. -,,-. .. lIaj'8o ~ :r ~ .s : i J .t ~ · u .! .. ... · ~. ~o i ~ ~ '.0"\ ..r. .... ... .]\ ;J\ ~ .~ ';: t ~ . ....uu..." !~. --- ;N ~ '.: ~.' '. , . I' . \$J-.' .' ..1;..-. ~;.. .~ ~.... ~T' · . , .. :.' II r '.:~ ;~.".; . .' '\ . ~ .' i:,. . .' . // III '-~"2 e~o "'~- ..)~ ~i~ , '. .. - . It'!f.--., ; ..1 l~ l 111J'\~ ; fltlJi ...: i dun ~ c Or- DI \ ], /. ~~~.. ~~~~@ YaM"CL. A7I.I!lU-e j..Af' .'P\~ , , , , k~ (~ _J " ~ I -' 'Q -, ~ () "} IH.G. PI! K t':. ..."f:.C" &EIU I-k::i l '&fn =~)~I~e. <( _ call_lt-4Gi I7U PL..e.}l. C .r J,er.......f"r~cU~"~(~ .::' W/O'NNe.r:. I , _ .:::2;:;:'.;:" " \'\ )SO" ".^<.f~ fr~:~ I ~-(br Q;) F::JUI...!;::>i-..7101-l PLt.-I"': fOu....D'ATIOtJ. 6e.Me.R.A~ J.1:::;1TE.$: .-. FO::lT\~ 611"'-'- ~..... U"'P''''l''_P ...,t.. olll COM~ .~IN.&E:.U.C' !&IU- ('15'0 F'~ PaN'tIT"(). eoll:....."W4u... De- ....PP'R.OveP e--c A clijIUAl...IFIa.P $OILh 'esHr.IHeSeIt- !'>.U6MIT A.U.-TE~ ~~ ,.0 Ti-U:is M:.C.M1T"'e~T';.. Z. l~ "t"~e. ~Mct:. QCi' "!tDIl.. ~....a."!:>, A~~e~ tI'c1c7nMdr ~1H.6: PIt.e%uF:..I5." ~,QOOF'~I eOt-<lT~e,TOI", S~.l.....i.- 'i4Sfi:.u=-"(. ~ 1=07f1....&~ CO"IN. '" raltk. 'N(t."'ft:.r;, fii:e.~"5>CONT: 4f'. f:E.l....~11oot6l erAc..~: A~TM "''-'f? CirflU.~ ~. .,. CO~TE: ;;%'; "'1;/~ ,,~i"'~.;1I~:e- AoMC' fFoon,*",# ... UJH'1', ~P6& yet-tT "4'". ''..0. ~~ ~ 5&eUllt'N' l..16HT ~tj.TUU.: ~w. flee:. &10 l!:D-M IOCl"k MP7 QR E:IIWtr.i.. TOP owa I"tM. ~'.~~t4' / / / ..,...o"......~1 ........AW...""'.;;;.....' T-l'~-- -::t~~+.~- -'" ....- - ~~-- -- 'b I ~~~~~~ .- .:: ~~~~~~ III !l I Ij ,;. ~---~~~~==. -_-I;: ~ .4~~:u" ____rtL_-_-_!:..._.-_-_.-_~_---_._--_ -1--__ - ..e<<oAH.MOR:L..IU.,!leDc.;MQIlIiidilt>>oL-___+~.!"_. 'I."~": ~ _ Wl~ TO ~~II1<IbTALJ... Hi'''' ~'tj~l6IM) ITE- 01' I~ llOl&: tlrJ'~r.ulr~ WE.5T E. E.VA.T\OI-.l 1/4'.'~o. EA"T IU-. SI...'I....... (OMIT 1'i:lX./FUM<- . lAU~"-R.) " 50UTI-l E:LEVATIOW '14'c,'.o" t..lOlLTIl ......."1\1'101-1 "'''''LA~ 'N I!~ ~~.t~ze-.~'~ T.... ~1...'<1. ~""""'_T ............... ~1. ~""':'~ &,....l\...<eotPtN&---+ :!f.;tf~p T'f'y~ A'L"~ ~~~eD=~~ . ~~...... T:.I"'..,.".~. ...C~'~:l~ "I e.MU -1\ ~':r -' .~~---i" ~AIlt -tl) ~ .; ::".1*,," '" ..0'" . ~ e EI,.......-2.._ T i .. { L ,t..1t L. 1, . GD e>e.c,rrolJ 1\1' FOUI..1DATIOI.J (FOOTIJ.JG "if>" "NN. " . ....,............., t..'V.l.lf WIIQt A:r ~.. Q,:.. ~~,c, ClV.' ....CQt4.f'AC~ .', . -' " MIl. ....." --~ u.-ra:upe.r ~~"0f..I1 ~~. _. \'I:JLlOa..e. '1"OP PL....'f&. ("Nfl':: .J -Sl If, ~~"'~ (/" -- T T"" ',,,> I "e.....~. I t.,,(p '#o&V."S:rfU1"":. A"'~~O'.C., '~o... RD:'F fwMe6) '\ . I ... !--t@ .... I ......-/ ~ 5E.CTIOI-l e. FQW.ip,t ~Ai1 rHlW !!>UILDII-l(" '''''~,t..O" :1;. CERTIFIED MAIL May 26, 1995 Midwest Cablevision Tim Block 3951 West 143rd Street Savage, MN 55378 Dear Tim, This letter is in regard to the outstanding Zoning Ordinance- violations which exist at 15777 Highway 13, Prior Lake. The site is legally described as Lot 2, Block 1, Cable First Addition. On May 22, 1995 the Prior Lake Planning Commission held a hearing to consider a conditional use permit request for Midwest Cablevision. At the public hearing, it was noted that several Zoning Ordinance violations existed on site. The direction of the Planning Commission was to table consideration of the conditional use permit until such a time as the Zoning Ordinance violations are resolved. A site inspection of the property was conducted prior to the Planning Commission hearing and again on May 26, 1995. The purpose of this letter is to advise you that the following violations exist on the aforementioned property. 1. The applicant is storing cable spools, utility boxes, two trailers, and assorted wire and equipment outside. City Code, Section 5-2-5, does not permit outside storage in the R-2, Urban Residential District. All materials stored outside, must be placed inside of the building on site, or removed from the property. 2. Garbage and refuse was found on site consisting of tires, trash, metal. and assorted paper, bags, etc... on site. The aforementioned items violate City Code. Section 8-8- 1, and must be removed from site to comply with the Code. 3. There is an unscreend garbage dumpster on site which violates Zoning Ordinance Section 6.11F, requiring that dumpsters be enclosed and screened. 4. There are a total of 5 large, 7' diameter".and larger, satellite dishes located within the fenced area. The conditional use permit approved in 1984 permits only 2 large, 7' diameter and larger, satellite dishes on site. Three of the satellite dishes should be removed and/or a request to locate the additional satellite dishes be made part of the conditional use permit, currently being considered by the City of Prior Lake. "CU9502Ll " 16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .AN EOC'.".L OPPORTI'NITr" 'O\IP'_')yER Locating the additional satellite dishes on site without an approved conditional use permit violates City Code, Section 5-3-2. 5. The landscape requirements of the 1984 conditional use permit have not been met and therefore violate City Code, Section 5-3-2. Attached to this letter fmdthe sections of the City Code cited herein, as well as the conditions under which the cable company can operate at the subject site. The Zoning violations should be resolved within 30 days. Please accept this letter as official notice of the existence of the Zoning Ordinance violations that exist at 15777 Highway 13, Prior Lake, Minnesota. A second site inspection wili be conducted on Monday, June 26, 1995 to determine compliance with the applicable City Code requirements. In the event that violations exist on that date, I will have no alternative but to refer this matter to the City Attorney for the appropriate legal action which may include prosecution. If you have questions related to this letter, please contact me directly at 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Deborah Garross Assistant City Planner DRC Coordinator Enclosure "CU9502L I" 2 ~ - V UNITED STATES ~ ~TAl5<AV~' ~ ,~ \-= .. ' Certified Fee ....f Special Delivery Fee ~ Reslflcled Delivery Fee P..l 7 9. 079 13 3 'ttS- Receipt for b)2P} Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Rev se) en Return Receipt Showing 0) to Whom & Date Delivered Q) Return Receipt Showing to Whom, C Date, and Addressee's Address :J ., TOTAL Postage $ o & Fees ~ Postmark or Date ('f') E o u. IJl ~ >r 5-2-4 5-2-5 the City Council. Where planned unit development standards differ from the original district standards, the planned unit development standards shall apply. (Ord. 87-07, 5-4-87) 5-2-5: USES NOT DESIGNATED: A use not specifically designated as a permitted or conditional use anywhere in the City is considered prohibited. In such a case, the Council, Commission or a property owner may request a study by the City to determine if the use is acceptable and if so, what zoning district would be most appropriate for the use and what conditions and standards, if any, should be attached to the development of the use. If found acceptable, an amendment to this Title may be initiated by the Council or Commission permitting the use. (Ord. 83-6, 6-24-83) 294 City of Prior Lake 5-3-1 5-3-3 CHAPTER 3 PERMITTED AND CONDITIONAL USES' SECTION: 5-3-1 : 5-3-2: 5-3-3: Permitted Uses Conditional Uses Districts Enumerated 5-3-1: PERMITTED USES: The permitted uses for each district are listed in Section 5-3-3. Accessory uses and essential services are also permitted. K 5-3-2: CONDITIONAL USES: The City Council may authorize conditional uses as specified herein and others similar in nature, which will not be detrimental to the integrity of the districts, if all of the conditions and provisions of Chapter 6 of this Title are met. (Ord.83-6, 6-24-83) 5-3-3: DISTRICTS ENUMERATED: A-1 AGRICULTURAL Permitted Uses Conditional Uses 1. Agricultural and forest 2. Single-family dwellings 3. Pubic parks and playgrounds 4. Public and parochial schools 5. Golf courses 6. Specialized animal raising 7. Stables and riding academies 8. Churches 1. Animal kennels 2. Commercial recreation 3. Public buildings 4. Public utility buildings 5. Airports 6. Water and sewage treatment plants 7. Sanitary landfills 1. See Chapter 8 of this Title, Shoreland District, for additional requirements. 294 City of Prior Lake 5-3-3 9. Nurseries and greenhouses 10. Travel trailer and boat storage 11. Truck gardening 12. Agricultural preserve 5-3-3 8. Cemeteries 9. Equipment and maintenance storage 10. Radio and T.V. stations 11. Manufactured housing 12. Animal feed lots for more than 10 animals (Ord. 83-6, 6-24-83; amd,. Ord. 85-08, 6-24-85; Ord. 92-09, 8-17-92; Ord. 93-12,5-17-93) Permitted Uses R-1 URBAN RESIDENTIAL Conditional Uses 1. Agriculture 2. Single-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 6. Golf courses 7. Truck gardening 8. Licensed day care facilities serving 12 or fewer persons 9. State licensed residential facilities serving 6 of fewer persons 10. Licensed group family day care facilities to serve 14 or fewer children 1. Cemeteries 2. Hospitals and clinics '3. Public utility buildings 4. Public buildings 5. Two-family dwellings 6. Townhouses 7. Planned unit development 8. Open land recreational uses 9. Nurseries and greenhouses 10. Private clubs and schools 11. Charitable institutions 12. Animal kennels 13. Boarding houses 14. Existing neighborhood com- mercial recreation services 15. Public parking lots R-2 URBAN RESIDENTIAL Conditional Uses Permitted Uses 1. Single-family dwellings 2. Two-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 294 1. Cemeteries 2. Nursing homes 3. Hospitals and clinics 4. Public utility buildings 5. Public buildings 6. Private clubs and schools 7. Licensed day care facilities serving 13 or more persons 8. Funeral homes City of Prior Lake 5-3-3 5-3-3 9. Townhouses 10. Multiple-family dwellings 11. Planned unit development 12. Charitable institutions 13. Boarding houses 14. Marina 15. Existing neighborhood com- mercial recreation services 16. Openland recreational use 17. Public parking lots 18. State licensed residential facilities serving 7 to 16 persons Permitted Uses R-3 MULTIPLE RESIDENTIAL Conditional Uses 1. Townhouses 2. Multiple-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 6. Funeral homes 1. Single-family dwellings 2. Two-family dwellings 3. Nursing homes 4. Hospitals and clinics 5. Public utility buildings 6. Public buildings 7. Private clubs and schools 8. Planned unit development 9. Charitable institutions 10. Boarding houses 11. Marina 12. Licensed day care facilities serving 13 or more persons 13. Public parking lots 14. State licensed residential facilities serving 7 to 16 persons Permitted Uses R-4 MIXED CODE RESIDENTIAL Conditional Uses 1. Manufactured, single-family dwellings 2. Single-family dwellings 3. Two-family dwellings 4. Public and parochial schools 1. Public buildings 2. Private clubs and schools 3. Licensed day care facilities serving 13 or more persons 4. Townhouses City of Prior Lake 294 8-1-1 f REFUSE: COMMERCIAL ESTABLISHMENT: INCINERATOR: LICENSED PRIVATE GARBAGE AND REFUSE COLLECTOR: RESIDENTIAL DWELLING UNIT: PARK: PUBLIC PLACE: LITTER: 589 8-1-1 Shall include all wastes which normally result from the operation of a household or commercial establishment, except body wastes and garbage, including but not limited to rubbish, tin cans, paper, cardboard, glass jars, bottles, wood, grass clippings, Christmas trees, ashes, sod, dirt, tires, rocks, household or commercial establishment construction material, cement, bricks, trees, leaves, hedge or tree trimmings, burning barrels and mesh backyard burners, household or commercial establishment appliances and furniture or any other household or commercial establishment refuse or material small enough for one man to handle. The term "refuse" shall not include construction material or other waste or debris resulting from construction or reconstruction of buildings and other improvements by contractors, or trees in excess of six inches (6") in diameter. (Ord. 89-02, 4-3-89) Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. Any device used for the destruction of refuse, rubbish or waste materials by fire. Any person holding a valid license from the City for the collection of garbage and refuse. Any single building consisting of three (3) or less separate dwelling places with individual kitchen facilities for each. It also includes any boarding house in a residential district. A park, reservation, playground, beach, recreation center or any other public area in the City owned or used by the City and devoted to active or passive recreation. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. Garbage, refuse and rubbish, as defined herein and all other waste material which, if thrown or deposited as i: 8 -1-5 8-1-8 (8) Garbage Containers: Garbage containers shall be made of metal or other suitable material which is rodent, fire and waterproof and which will not easily corrode and is equipped with suitable handles and tight-fitting covers and shall be kept tightly covered when there is garbage therein. (C) Refuse Containers: Refuse containers shall be of a kind suitable for collection purposes, and shall be of such size and weight that they can be handled by one man, and kept tightly covered when there is refuse therein. (D) Storage of Garbage and Refuse Containers: Garbage cans and other garbage and refuse containers shall be so located as to be out of the public view except on the day of pickup. 8-1-6: DISPOSAL OF GARBAGE AND REFUSE: No person shall dispose of garbage or refuse upon any property in the City except at an approved landfill site. An approved landfill site is a site for disposal of refuse approved by and licensed by Scott County and operated in accordance with the rules and regulations of the Minnesota Pollution Control Agency. This Section does not limit the disposal of refuse to sites in the County of Scott. 8-1-7: AIR POLLUTION CONTROL REGULATIONS:.PursuanttoMinnesota Statutes, section 471.62, Air Pollution Controls and Regulations and Ambient Air Quality Standards, 1-15, inclusive of the Minnesota Pollution Control Agency are hereby adopted by reference. The City Clerk shall mark and keep on file in his offiCe one copy of said regula- tions, marked "Official Copy", for use and examination by the public and s h a II furnish a copy of this Chapter and said regulations at cost to any person up 0 n request. 8-1-8: BURNING PERMIT: (A) No person shall wilfully burn or set fire to any grass, weeds or other natural ground cover or any building, fixture or appurtenance of real property unless a permit therefor has been secured from the Fire Chief. (B) No person shall negligently or carelessly set on fire or cause to be set on fire any woods, prairie, grass or other combustible material, whether on his own land or not, by means whereof the property of another will be endangered, and no person shall wilfully allow any fire on his own land, or land occupied by him, to extend beyond the limits thereof. 6.11 A. C. D. E. 8 3. Supportive plans, details, written narrative notes, cross-sections or other information as may be required by the Planning Staff that is reasonable and necessary to demonstrate the design intent and general compliance with this ordinance, including, but not limited to, items listed under Section (C) 2. 4. Fifteen copies of all plans shall be submitted. SCREENING: (Ord. 95-05) Screening shall be required in residential, zones where any offstreet parking area contains more than six (6) parking spaces and is within thirty (30) feet of an adjoining residential lot line. B. Where any business or industrial use (structure, parking or storage) is adjacent to property zoned or developed for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front as determined by the Zoning Officer. The screening required herein shall consist of a solid fence or wall not less than five (5) feet nor more than six (6) feet in height but shall not extend within fifteen (15) feet of any street or driveway opening into a street. The screening shall be placed along the property lines or in case of screening along a street, fifteen (15) feet from the street right-of-way with landscaping (trees, shrubs, grass and other plantings) between the screening and the pavement. Planting of a type approved by the Zoning Officer may also be required in addition to or in lieu of fencing. Where planting is required a landscape plan shall be prepared including complete specifications for plant materials and other features. The Zoning Officer may issue a temporary Zoning Certificate for the principal building on a project before full completion of planting or fencing, if such items cannot be furnished at the same time as the building. Temporary Zoning Certificates shall be good for one (1) year and shall not be renewable. As soon as the screening is completed, the temporary certificate may be cancelled and a permanent Zoning Certificate issued. If any portion of the required planting and fencing is not complete within one (1) year, the Zoning Officer shall cause all use of the premises to be stopped. In all districts, a fence six (6) feet high or shorter may be erected on the rear lot line, the side lot lines and return to the nearest front comer of the principal building. In residential districts, a fence not exceeding forty-two (42) inches in height and having an opacity of not more than twenty-five percent (25%) may be erected on the front lot line and the side lot lines forward of a line drawn across the front line of the principal building. Fences shall not be permitted in any right-of-way. Fences shall be constructed in a professional, aesthetically pleasing manner, be of substantial material and reasonably suited for the intended purpose. Every fence shall be maintained on both sides in a condition of good repair and shall not remain in a condition of disrepair or danger, or constitute a nuisance, public or private. (Ord. 91-03) In all Zoning Districts, waste material, debris, refuse or garbage shall be kept in a container enclosed by a wall which is visually compatible with the principal building it serves. Section 6, Page 15 ( \ \ , ' ~","'...."'..""'~":"'. " . '. ^ 84-01 Q)Jg~()1 CITY OF PRIOR LAKE A"UCA TION FOI CONDITIONAL USE PERMIT INFORMATION Applicant: A/trd:i. kUJ.-.hl /nA"'UAlI~ArlaN':<' t'~PMJJ710AJ Address: p o. R~)t 777 J.I~~"'\~' ;'N. 553'7'2- ..., '-U II f" d. Property Owner: j)d.l_" DL<;ON Address: 74 4 C WI5 T ~H.J~'" ()RIII~ Fl:JIN.4, /J1r1. . Consultant: J'I"IIE. Address: IIwY /3 AN" I"'.fAIJ/rLlV TRAiL Proposed Conditional Use Address: Legal Description: A 77'AC H~.fj Existing Use of Property: vA t: 14 N7 Property Acreage: 1 Conditional Use Being Requested: (' AS ~ TV Phone: MZ-Z9I-&Z,3I Phone: qzz.- 17//P PIfJol! L.AI(,; . Phone: "N. ~-z. Present zoning: #1!"t4/Jil: ~ () Deed Restrictions: NolZ' YesO If so, please attach. Has the Appliciant previously sought to plat, rezone, obtain a variance or conditional use permit on the subjt!ct site or any part of it: NoM YesO What was requested: When: I Submission Requirements ./'.___'__._.___....__~ . \ (A.)Completed application form. (B.)Complete legal description. (C.)Filing Fee: $50.00 (1983) ) (D.)Deed restrictions, if necessary. (E.)fifteen(15) copies of site plan drawn-fif scale-showing e)Cfiffiis/proposed structures. (F.)Additlonalinformatlon as requested by the Planning Director including but not limited to: existins grades o and buildings within 100 feet, drain. plan with finished srade and relationship to f!KlstinB water bodies, If any, proposed floor plan with use indicated plus buildlns elevations, landscape plan with schedule of plantinss and screenin" Curb cuts, driveways, parkins areas, walks and curbing. (C.)Certlfied from abstract firm the names and address of property owners within 300 feet of the existing property lines of the subject property. (H.)Appllcatlon and suppOrtive data are due 20 days prior to any scheduled hearing. Unless clearly not applicable, the above information will be required prior to review of this application. Q Approved conditional utes must be utilized wftfIln a one year period 01 time or may be Invalidated by the Plann'". CommlMlon. Submitted this /1 '.',:'''::;:c{?C":: ,.... . ',',1 e "1, -----.r.-"" ~-~. ',' ',',' '._'" ._e....'.._. . ~~" - ~ ON"',_",;_:_ ',"''-_ ',..,..i_' , , ...,....c:"--;O;'<:..~--;-;.~ r'", . II- I f $ I t 1'"\'- ~ ,. - - ~ o 01 ) ~ .. II/NUTES of the I'r,Jcoedings of the City Council of till City of Prior L.ke in the . County of SCDtt and State of Minne.ot., Includtnv .11 accounts ludited by \.11 d t:ounc II , --..-..-----.- -.-- -...-------- .ubru,ny 6, 1?84 84-01 Thu Cummllll ClIullet'1 ur the City or I'rlor Lake mat In re!)uloJr lieu Ion on Honday, rubruuy 'I, 1?1l4 at 7:JO PM ill the City Council Ch.,mberl. Mayor Johnson called thu muntinl) to order. Present were Mayor Johnson, Councllmembers Duue, SehwlIieh, Scutt, City ""lIIagor McCulre, City Planner Crilser, Par"s " Recreation Oiroctar H.l'''I.ln, "olieo Chier "oweU, .. inancc: Director Teschner and City "ttorney KOllel. Couneilmcmbur fhorkelson was absent. Mayor Johnsun uked everyone to please riae 'or tho pledoe 0' .l1eIl1.,nce. fhe mInutes 0' the llIOetIng on J.nuclry ZJ, 1984 I,ere revIewed. I Thu rol1uwilll/ eorroctions are to be Ndo t.o t.:<e minutes of Jclnuary , I Z3, 1?84. P.IlJo P<1ragraph 7 INSERT to It was the consensus of the people present to 1)0 throul)h with alt~rnative ,~. If the CIty was to walt to receive a Ilrant I'ilqc Paragraph 16 INSERT walt to '" Pagu 4 Paragraph I SPELLING wear MotIon by Uusse to approvo the mInutes or Janu.ry Z3, 1984 as amended and to approve the Ust of invoIces scheduled'or p.yment on Tuesday, February 7, 1984 as sublllftted, lIoconded by Seott and upon a vote taken It was duly passed. The next item on the agenda was to consider the CondItional Use Permit request from North "merlcan CommunIcations. t Councllmember Sehwelch oxcused hImself from his Council position for this item. I City I' I ,Hiner Craser reviewed this for the Counell. He stated that North .\marlcan, i I CummunieatJons is proposing to construct a lZS foot receiving tOlller, a lZ II ZOo " building to house the equIpment and two 15.5 foot earth station diShes. requiring I a condllional use permIt and a 90' height variance. He commented on the location ,of thls and then reported on the PlannIng Commission hearing held on this Item I, ; with theIr recommendatlons. He stated that they approved thls request subject to thl) follow1nljl l)Starr's recommendation rellarding a planting program. Z)The : natural surroundings be left undisturbed. 3)Proper security Ughtlng near the I building and on top of the antenna. 4)All anchors be fenced in. SlThe parcel not i be subdivided whUe under the ownership of l'lorth "merlcan COlllllUnicatlons Systems. . Inc. He commented on the each of the contingencies. He closed with saying that I it 1II01l1d be starr's recommendation to approve the request since the facility lIIill , .lcL .IS a good transition between commercial and residentlai and 1II0uld net be 'detrimental to the general health and welfare of the community. Mr. Tom Herdt Commented. Ther') lIIas general discussion by Council and staff. I Counellmember Uusse commented on the entrance off of Highway lJ. He asked that they look into ellminatlng it. I There was further discussion regarding a different entrance to the maintenance building. 1.ldyor Johnson asked if it would be acceptable if we said that we go ahead and contacl f'lorlock/Erickson to see if they lIIould give them the easement at this point dnd then as a stipulation if the easement can be obtained, to go ahead lIIith the rOdd. If not put ofr the road until which time the easement could be obtained. Mayor Johnson directed CIty Planner Craser to contact Morlock/Erickson regarding the casement. ..... : Hc1yor :Johnson then commented on the fencing around the anchors of the tower. C! ty Planner Craser stated that if a fence taller than 6 feet were to be installed, they would have to go before the Planning Commission for al10ther variance. I There lIIas further discussion on this. I I Page I ------.~ --- --. --- ."-- - . J. r "'c 25 X f rJ o _._--~ . .'. I l' I I I ! o o / . MINUTE~ of the Proceedlns of the City Council of the City of p~to~ like in the County of Scott and State of IUnnesoU. including 111 accounts Idutted by' sa ld Council. f --1 CI:~ :I~"~'-c,:~::,::-:. ...1< b. bo.t to 1.". It ". t. I~"h 1,\murlc.III Cllmmillllc.llloIIS. I ~t.1Y\lr JOhllllOll lI~dtlld thdt wo should Itato that as a aOlllldoratlon then in tho I motloll. I Motion by Scott to approve the Conditional Use Perllit and Variance requested b) North A.erican Communication:, Inc. on the property specified by them tor " tho location ot the tower with the .tipulltion thit the.aoce.s road troll Frankl!n Trail be investigated and i' possible to have the casement granted to hdve. the rudd Installed as part ot the original construction. and that the I ~ contingencies that the Planning Commis.ion placed on, seconded by Busse. I Councllmember UUllSe stdted thdt it we were to recelve the easements for that ,: rudd. It couid be the same type of road. They would not have to Improve It <It thls point. i With no other comments or qUDstions, Hayor Johnson called the question on the I mo~lo" dod Upoll a vote taken It was duly passed. 'Coullcllrncmber Sehweich returned to tho CouncU at this time. The IIe"'~ Item 011 the agenda was to review the LIquor COllllllttee's recommendation tor freddles on the Lake. ...... City Hdnager McGulro reviewed this 'or the Council. He read a letter that he rL~elved trom Mrs. 3D Pehrson. He stated that it was the consensus at the CommIttee that Mrs. Pehrson was surrendering tho Hce.'3e, the COl\Il\lttee made the following motiOn! "Motion to recommend to the City Council to accept Jo Pehrson's nil-Solie I.iquor I.lcense surrender effective 1100 AM on February 7. 1984. I He further stated thd t there has not been another application to replace the IlctJfI!Oc. Ir thls ls accepted by the CouncU as recommended by the Comml Hee. I until .) new application ls made and a new Individual ls approved. there would i be 'HI llquur sdles at Freddles on the Lake. Mdyor Johnson dsked if there were any other questions or comments. Clly Attorney Kellllel stated he had reported to the liquor Committee, that he had been in contact with the Attorney of Freddies on the I.aka; he had caiiod me (Clly Attorney Kessel) and we had a couple 0' conversations. I strongly urged him thdt he have hls client and hlmsel f appear at the meeting tonIght and aho " to have Jo P,!hrson appear to review precisely what her position was In respect 1.0 lhe lelltJr. The attorney stated that he would contact Fred Sehweich and ! tell h 1m to contact Jo Prhrson and they wouid both be at the Committee meet- : (1111. The Committee waited Just until the Council Heeting to see whether the : two JlarUes would appear and neither party appeared. The Committee was faced ! with Just the letter Itself and he thought the letter had to be Interperted as I d surrender of the licenr e and not a request of transfer. The language isn't totally clear. but thought that she is surrendering the license and no longer I wlshcs it to lw In her name. t'lr. Fred Sehwelch appeilred before the Council at this time. I' Hayor Johfl50n told Mr. Sehweich that the Council was consIdering the recommend- ation of the Liquor Committee. . I Mr. Sehweich commented. Cily Attorocy Kessel repeated his comments about his conversation with Hr. Sehweich's attorney and the other comments that were made at the Committee meet- Inl). There was further discussion byCouncll, Staff and HI'. Sehweich. I ./ Hayor Johnsun .lSked it it was true, HI'. Sehweich could not sell any liquor at freddles on the lake as of Tuesday, February 7. 1984 at 1:00 AM, until such time as a I~W license was applied for and approved by the Council. City Attorney Kessel stated that, that was correct. o Page 2 o ")~_[J r ~e '- o e '- " , . .;. \ (: ( 84-01 CITY OF PRIOR lAKE TO: liORST GRASER CHARLES TOOKER, CITY CONSULTING PLANNER NORTH AMERICAN COMMUNICATIONS CORPORATION CONDITIONAL USE/VARIANcE JANUARY 18, 1984 FROM: SUBJECT: DATE: The plan pro'~ded by North American Communications Corporation is a valuable part of this application since it shows the contours they are deRling wi'th at this location. This in combination with the topog~aphic information on file at the City Hall,which also includes major tree cover, suggests that a shift of all improvements to the north would be beneficial. A move of the entire improvement approx- imately 40 feet to the north would provide natural screening of all on ground facilities. This could be accomplished without loosing any ground elevation for the tower. The only d1ffer~nce between this placement and the location in the current proposal is that a move of all facilities would n!quire the removal of more existing plant I1I8terials within the proposed six foot security fenc1~g. This would appear to be a small cost particularly if more natural cover were to separate the proposed facilities from direct obser- vation from the elementary school playground. Additional protection could be offered if North American Communi- cations CorporatioL were to plant 15 to 20 six foot balled and burlaped Norway Pine trees at scattered locations on the southern portion of the property. Additionally, the eastern b~undary should be planted to SlU'll8C bushes. TIlese will spread and provide a natural barrier for children at the elementary school. It may be useful to call attention to previous discussions in which a sixty foot wide right of way between Franklin Trail and this site were agreed to in exchange for up zoning the frontage along Franklin Trail from apartments to business use. TIle long range objective is to relieve Highway 13 of a bad intersection. TIle traffic to both the real estate office and the cable TV tower would then be directed along Franklin Trail. This access cannot be accomplished until both the office building and tho "l:'ontago along Franklin Trait haw bent pIa tted. (e12) 447-4230 4829 DAKOTA STREET S.E. P.O. BOX 358 PRIOR LAKE, MINNESOTA 55372