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HomeMy WebLinkAbout20070305 - VIII-B-3VIII-B-3 MEMO To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: March 5, 2007 Subject: T-Mobile USA -Special Use Permit #2007-05 -Wireless Telecommunications Facility - 1000 West 11'h Street (Hastings Middle School) REQUEST T-Mobile USA requests approval of a Special Use Permit to install a 75-foot tall communication tower along with related equipment at 1000 West 11th Street, Hastings Middle School. T-Mobile USA would be leasing the land from the owner of the property, which is Independent School District 200. PUBLIC COMMENTS A mailing was sent to residents within 350 feet of the school. Staff has received a few phone calls regarding the proposed communication tower. General comments have expressed concern over the appearance of the tower and the effects of the tower on birds. ACTION BY PLANNING COMMISSION On February 12, 2006, the Planning Commission met on the aforementioned item. The Planning Commission voted (7-0) to to approve the Special Use Permit for T-Mobile with a fifth requirement that underground electric service be provided. ATTACHMENTS • Resolution • Location map • Aerial View • Site Plan (Exhibit B) • Existing coverage area map (Exhibit C) Proposed coverage area map (Exhibit C) • Proposed tower and compound location map (Exhibit D) • '/z Mile Map (Exhibit E) • Application • February 12, 2007, Planning Commission minutes BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as P, Public. Communication towers are allowed within this zoning district. Zoning Classification The subject property is zoned R-1, Low Density Residence. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Residential R-2 Medium Density U-1 (1-3 units/acre) East Residential R-2 Medium Density U-1 (1-3 units/acre) South Residential R-1 Low Density U-1 (1-3 units/acre) West Apartments R-4 Medium-High Density U-III (9+ units/acre) Commercial C-3 Comm. Regional Commerce C-Commercial Existing Condition The current use of the property is the Hastings Middle School. Other related uses on the property include athletic fields and surface parking lots. The communication facility will be located adjacent to the existing school building along its westerly elevation, near the rear portion of the building. The communication facility will be set back over 200 feet from the nearest residential properties. Ordinance Chapter 10, Subdivision 12.01 allows for the establishment of wireless telecommunications in the City. SUBD 12.01.Purpose and Intent. The purpose of this ordinance is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the City. The City finds it necessary to adopt standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The Council finds that these regulations are necessary to: A. Ensure standards which permit a reasonable and equitable opportunities for the establishment of wireless telecommunications services in the City; B. Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; C. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community, and: D. Minimize adverse visual affects from towers through careful design and siting standards which attempt to screen and/ or camouflage towers and antennas from adjacent public and private property. SUBD 12.02. Findings. The City of Hastings finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of wireless telecommunication facilities be controlled. Further, the City finds: A. Towers and antennas have a direct impact on, and relationship to, the image of the community; B. The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community; C. A reasonable opportunity for the establishment of wireless telecommunications must be provided to serve residential, business, public utility and public safety needs, and: D. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. SUBD 12.03. Building Permits. A. It shall be unlawful for any person, firm, or corporation to erect, construct, replace re-erect, or repair any tower without first making application for and securing a building permit as provided in this ordinance. This also includes adding antennas to existing towers. B. The applicant shall provide at the time of application for a building permit sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Code requirements. C. Permits are not required for: 1. Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that the replacement does not reduce the safety factor. 2. Antennas and /or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that the antennas or towers are not located on a public right-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pick- up operations shall be removed within 72 hours following installation. SUBD 12.04. Height Restrictions. A. Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. B. Except as provided in the following subdivision of this section, maximum heights for towers are as follows: 1. In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be eighty (80) feet. • T-Mobile's proposed tower height is 75 feet above grade, meeting this requirement. 2. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 125 feet. The City Council may allow towers up to 150 feet high if the applicant can demonstrate that based upon the topography of the site and surrounding areas, antenna design, surrounding tree cover and structures and/or through the use of screening, that off- site views of the tower will be minimized. SUBD 12.05. Exceptions to Height Restrictions. The following are exceptions to the maximum height restrictions for towers: A. Multi-use towers made to accommodate more than one user may exceed the height limit by 25 feet. B. Antennas located on existing buildings or water towers are limited to rise 15 feet above the structure. The city council may permit the Antenna to rise 25 feet above the structure if the applicant can demonstrate that by a combination of Antenna design, positioning of the structure and/or by screening erected or already in place on the property, that off-site views of the antenna are minimized to acceptable levels. SUBD 12.06. Setbacks. Towers shall conform with each of the minimum setback requirements: A. Towers shall meet the setbacks of the underlying zoning district with the exception of industrial and commercially zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or commercially zoned district and the tower does not encroach upon any easements. • T-Mobile's proposed tower location meets all applicable building setbacks for the R-1 zoning district. B. Towers located on property in or abutting residential districts shall be setback the height of the tower from residential property lines. • T-Mobile's proposed tower location is set back at least 370 feet to the nearest property line in any direction, meeting this requirement. C. Towers located in industrial districts shall have a minimum setback equal to the engineered fall zone, as determined in writing by a qualified engineer, and agreed upon by the City Council. D. Towers shall be set back from all platted or planned public right of ways by a minimum distance equal to one half of the height of the tower including all antennas and attachments. • T-Mobile's proposed tower location is set back at least 200 feet to the nearest public right of way in any direction, meeting this requirement. E. Towers shall not be located between a principle structure and a public street. • T-Mobile's proposed tower location is near the rear of the school building, meeting this requirement. F. A tower's setback may be reduced or its location in relation to a public street varied, at the so-e discretion of the City Council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure. G. No tower shall be located in a wetland or a wetland setback. • There are no wetlands on this property. H. In a residential district, the required setback from property lines for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground. T-Mobile's proposed tower location is set back at least 370 feet to the nearest property line in any direction, meeting this requirement. SUBD 12.07. Towers in Residentially-Zoned Districts. Towers located in residentially zoned areas are subject to the following restrictions: A. Towers supporting amateur radio antennas shall conform to all applicable provisions of this code and shall be allowed only in the rear yard of residential property. B. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: 1. Church sites, when camouflaged as an architectural feature such as steeples or bell towers. 2. Park sites, when compatible with the nature of the park as determined by the Natural Resource Commission. 3. Government, School, utility, and institutional sites. • The proposed tower location is on the Hastings Middle School, thus meeting this requirement. C. Only one tower shall exist at any one time on any one residential parcel with the exception of towers designed to replicate an existing structure, such as a tree or light. • T-Mobile's proposed tower development is the only tower located on this property. SUBD 12.08. Multiple Principal Uses and Structure on a Single Lot. For the purposes of this Division, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this chapter. SUBD 12.09. Construction Requirements. All antennas and towers erected, constructed, or located within the City shall comply with the following requirements: A. All applicable provisions of this Code. B. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies. • T-Mobile will provide all pertinent engineering data showing compliance with this code upon application for building permit. C_ With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. • No part of T-Mobile's development, excluding normal underground utilities, will cross any property line or public right of way. D. Towers and their antennas shall be designed to conform with accepted a-ectrical engineering methods and practices and to comply with the provisions of the National Electric Code. E. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. F. All Towers shall be protected against unauthorized climbing. • T-Mobile will be secured with a locked, eight-foot fall chain linked fence. In addition, no climbing pegs or apparatus' will exist on the tower below an elevation of 12 feet above grade. G. Metal towers shall be constructed of, or treated with, corrosive resistant material. • T-Mobile's monopole tower will be treated with corrosive-resistant galvanizing. H. The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. SUBD. 12.10. Tower and Antenna Design. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas (including supporting cables and structures) shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall be painted an appropriate color, such as, blue, gray, brown, white or black finish. • T-Mobile's tower is proposed with a galvanized corrosive-resistant finish. The tower can be painted, if desired. Galvanizing has been found to hold up to corrosion better than painted serfaces over time. B. Commercial wireless telecommunications service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in the surrounding environment. • T-Mobile's tower is proposed as monopole, meeting this requirement. C. Radio and Television Antennas may be of a design related to their function, provided that no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. • No part of this communication facility, other than normal underground utilities, cross any property line or right of way. D. Personal television and radio antennas on top of residential structures shall be exempt. SUBD 12.11.Co-Location Requirements All communication towers erected, constructed, or located within the City shall comply with the following requirements: A. A proposal for a new telecommunications service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one-half mile search radius for towers under 120 feet in height, towers under 80 feet are exempt from this requirement) of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building and interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to reasonable function. 4. The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a one mile radius was made, but an agreement could not be reached. • There are no existing towers, water towers, or fall buildings sufficient for wireless communication installations within one half mile of the proposed site. The nearest tall structure is a city-owned reservoir water tank located 0.6 miles east of the subject site. This water tower is located outside the code-mandated search area, and is too far west to meet the coverage objectives of this installation. In addition, this city-owned water tower is located approximately 0.7 miles from an existing T-Mobile antenna facility on another City- owned water tower near the Hastings High School. No other suitable structures are present in this neighborhood for antenna collocation. B. Any proposed telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. • While the proposed tower is below 80 feet in height, the applicant states it will be structurally designed to accommodate of least one additional set of wireless antennas, beyond T-Mobile's initial installation. SUBD 12.12. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. • No lighting is planned for this tower facility. SUBD 12.13.Signs and Advertising. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State, or local authorities. • No advertising will be placed on the facility. Only applicable, FCC-required signage will be placed on the site. SUBD 12.14. Accessory Utility Buildings. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials such as wood, brick, or stucco is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. Site plan review and approval is required for these accessory utility buildings. • T-Mobile's accessory equipment cabinets will be placed on a steel platform, secured within a chain link fence, with awashed-rock base (placed over a weed barrier). This fenced enclosure will be very similar to a fenced in cooling unit located approximately 50 feet south of the tower location. The accessory equipment will not be visible by the public from the north, south, or east. From the west, the equipment will be located approximately 475 feet from the nearest home. See Exhibit B attached for a photo simulation view of this site from the homes nearest facility fo the west. SUBD 12.15. Landscaping. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non- vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping requirements shall be determined through site plan review. • There are no trees or shrubs in the vicinity of the antenna facility, and this area is kept open for maintenance purposes. T-Mobile will not be removing any vegetation, and has not proposed any landscaping. SUBD 12.16. Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of wireless communication antennas on roofs, walls, and existing towers may be administratively approved by the city, provided that the antenna meets the requirements of this Code and the following: A. The maximum height of an antenna shall not exceed 15 feet above the roof and shall be setback at least 10 feet from the roof edge. B. Wall or facade mounted antennas may not extend 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the buildings or structure. SUBD 12.17. Application. In addition to the submittal requirements required elsewhere in this Code, an application for a Building Permit for antennas to be mounted on an existing structure shall be accompanied by the following information: A. A site plan showing the location of the proposed antennas on the structure, accessory structures and wiring, and documentation that the request meets the requirement of this code; B. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this code: C. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and D. Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. SUBD 12.18.Appeals. An applicant may appeal an administrative decision under this Ordinance to the City Council. Following review and recommendation by the Planning Commission, the City Council shall make a final determination on the application. SUBD 12.19.Existing Antennas and Towers. Antennas and towers in residential districts and in existence as of the effective date of this Ordinance which do not conform to or comply with this Section are subject to the following provisions: A. Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Chapter. B. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Chapter, provided, however, that if the cost or repairing the tower to the former use, physical dimensions, and location would be fifty percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. SUBD 12.20. Time Limit on Tower Completion. Once a tower is approved by the City, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of permit. SUBD 12.21.Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers and accompanying facilities shall be removed as follows: A. All abandoned or unused towers and associate facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. B. Unused portions of towers above a manufactured connection shall be removed within two years six months of the time of antenna relocation, if the unused portion exceeds 25% of the height of the tower or 30 feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new special use permit. SUBD 12.22.Interterence with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applicants for new service shall be in compliance with FCC regulations. SUBD 12.23.Additional Submittal Requirements. In addition to the information required elsewhere in this code, applications for a Building Permit towers and antennas, applications for towers shall include the following supplemental information: A. A report from a qualified and licensed professional engineer B. Describing the tower height and design including a cross section and elevation; C. Documenting the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; D. Describing the tower's capacity, including the number and type of antennas that it can accommodate; and E. Demonstrating the tower's compliance with all applicable structural and electrical standards and including an engineer's stamp and registration number; F. For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and successor owners to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. Source: Ordinance No. 417, Second Series Effective Date: October 20, 1997 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SPECIAL USE PERMIT APPROVAL TO INSTALL A TELECOMMUNICATIONS FACILITY AT 1000 W. I1'~ STREET Council member moved its adoption: introduced the following Resolution and WHEREAS, on February 12, 2007, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval subject to the conditions of this resolution; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Special Use Permit as presented subject to the following conditions: 1) The tower must be completed with one year, including any structures accompanying the tower. 2) The tower owner and successor owners shall allow the shared use of the owner, if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. 3) The property owner shall enter into an agreement with Independent School District 200 which holds itself and its successor's responsible for the tower on their property. The property owner shall further agree to be asses for any expenses related to the removal of the tower and its associated facilities. 4) The tower and its facilities must be fully fenced in with an eight-foot tall chain linked fence that is secured. 5) Underground electrical service must be provided. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Melanie Mesko Lee City Clerk Paul J. Hicks, Mayor [ HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 5th day of March, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk This instrument drafted by: City of Hastings (KSB) 101 4th St. E. Hastings, MN 55033 (SEAL) d N ~ rya ~m~ ~a~ ~ ~ R O ~ N O. 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Rezone $500 _ Minor Subdivision $500 Final Plat $600 ~ Special Use Permit $500 Variance $250 _ Comp Plan Amend. $500 Vacation $400 _ Lot Split/Lot Line Ad j. $50 House Move $500 Annexation $500 plus legal expenses Prelim Plat $500 + escrow EAW $500 plus $1,000 escrow Site Plan $500 + escrow Please see reverse side for escrow amounts required. Total Amount Due: $ Jrb'U Make Checks payable to City of l lastings. Please ensure that all copies of required documents are attached. See reverse side application for inf ma ' n. ~'~0-01 Applicant Signature Date Owner Signature ~,~ c4Y iS~M - ~ ~,~ . ~ - ,~~; ~e Ti e -Please Pratt Date Appltcant Name and Owner Name -Please Prirtt OFFICIAL USE ONLY 03/28/05 File # _ Recd By: _ Date Recd: Fee Paid: Receipt # App. Complete Sw '/~.{ of this LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT 101 4~ St E, Hastings, MN 55033 -- Phone: 651.480.2350 -- Fax: 651.437.70£2 ~ ~ ! City of Hastings Planning Commission Minutes -February 1~j, 2007 Page 1 of 4 Hastings Planning Commission February 12, 2007 Regular Meeting 7:00 p.m. Chair Truax called the meeting to order at 7:00 p.m. 1. Roll Catl Commissioners Present: Hiedeman, Mc[nnis, Peine, Truax, Schmitt, Stevens, Zeyen Commissioners Absent: None Staff Present: Planning Director Hinzman Associate Planner Kari Barker 2. Approval of Minutes -January 22, 2007 Motion by Schmitt to approve the January 22, 2007, meeting minutes. Seconded by Hiedeman; motion passed unanimously. Pubiie Hearings 3. T-Mobile -Special Use Permit #2007-OS -Monopole Cell Tower at Hastings Middle School -1000 11 ~' Street W. Associate Planner Kari Barker gave the staff report. Chair Truax opened the Public Hearing at 7:04. Steve Carlson, a representative ofT-Mobile, gave an overview for the necessity of the project. He stated that the communication tower would provide improved coverage of services in residential areas. The Public Hearing was closed at 7:06. Commissioner Schmitt inquired about the possibility of vertical extension ofthe tower. Carlson stated that the proposed foundation would not support vertical extension_ Thus, any extension would be below the current tower height. Commissioner Schmitt inquired if the chain link fencing would have any slats on it_ Carlson stated that it was planned as chain link fencing. He further stated that screening the fence would make it easier for activities with ill intent to occur. Director Hinzman stated that there is enough distance from residential properties that staff did not feel the need for additional screening. City of Hastings Planning Commission Minutes -February 1~, 2007 Page 2 of 4 Commissioner Hiedeman inquired about T-Mobile's experiences with vandalism. Carlson stated that the towers only have pegs up to twelve feet. Thus, the vandalism on towers is no greater than on transmitters. Commissioner Stevens asked if the equipment cabinets were sturdy and locked. Carlson confirmed they were. Commissioner Stevens asked about the voltage amounts. Carlson stated it was 120. McInnis motioned, seconded by Stevens. Schmitt asked to add a requirement for underground electric service. Action by Planning Commission: Motion by McInnis to approve the Special Use Permit for T-Mobile with the fifth requirement. Seconded by Stevens; motion passed unanimously. Upon vote taken, Ayes 7, Nays 0. Motion passed unanimously with the following conditions: 1) The tower must be completed with one year, including any structures accompanying the tower. 2) The tower owner and successor owners shall allow the shared use of the owner, if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. 3) The property owner shall enter into an agreement with Independent School District 200 which holds itself and its successor's responsible for the tower on their property. The property owner shall further agree to be asses for any expenses related to the removal of the tower and its associated facilities. 4) The tower and its facilities must be fully fenced in with an eight-foot tall chain linked fence that is secured. 5) Underground electrical service must be provided. Other Actions 4. Crossroads Mall -Final Plat #2007-09 -Crossroads Center East - 225 West 33`d Street. Staff Report by John Hinzman_ Planning Director Hinzman gave the staff report. City of Hastings Planning Commission Minutes -February ICI, 2007 Page 3 of 4 Commissioner Stevens asked where the mechanical equipment was going to be located. Planning Director Hinzman indicated it would be located behind the building. Commissioners Truax requested that a requirement be placed that if the noise level from the mechanical units exceed the decibel Levels for road noise, that additional shielding will be required. Commissioner Schmitt stated the requirement was a good idea_ He pointed out that the mechanicals are normal mechanicals that are normally placed on a roof. Action by Planning Commission: Motion by Schmitt to approve the Final Plat for Crossroads Center East. Seconded by Zeyen; motion passed unanimously_ Upon vote taken, Ayes 7, Nays 0. Motion passed unanimously with the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated February i2, 2007. 2. Adherence to the conditions of Preliminary Plat approval for CROSSROADS CENTER EAST 3. Outlots A and B must be replatted as lots of record and secure site plan approval prior to development. 4. All streets, drives and utilities within the plat of CROSSROADS CENTER EAST shall be privately owned and maintained. The City of Hastings will not assume any ownership or liability of infrastructure within the plat. 5. Joint access and parking easements must be concurrently recorded with the final plat of CROSSROADS CENTER EAST to guarantee parking and access rights to all lots and outlots within CROSSROADS CENTER EAST and COUNTY CROSSROADS CENTER 3RD ADDITION. 6. Satisfaction of any Minnesota Department of Transportation review comments. 7. Secure permission to allow mechanical equipment to be located directly south of the store on Lot 2, Block 1, COUNTY CROSSROADS 3~ ADDITION. 8. Ail disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 9. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. City of Hastings Planning Commission Minutes -February 1~„ 2007 Page 4 of 4 10. Cash in lieu of land was dedicated as part of CROSSROADS CENTER 3RD ADDITION, no additional dedication is required at this time. 11. Sewer interceptor fees were paid as part of the Wal-Mart building construction; no additional fees are required at this time. 12. Final approval of the development grading and utility plans by the Ciry of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 13. Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities prior to issuance of any building permits. 14. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 15. The Final Plat must be submitted for recording with Dakota County within one year of City Council approval, or the approval is null and void. 16. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars_ 17. If the noise level from the mechanical units exceed the decibel levels for road noise, that additional shielding will be required. 5. Other Business Planning Director Hinzman updated the Commission on previous Council activities and upcoming agenda items. 6. Adjourn Commissioner Hiedeman motioned and Commissioner Stevens seconded. Motion passed unanimously. The meeting was adjourned at 7:2b p.m. Respectfully submitted, Karl Barker, Associate Planner