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• • Attachment E . i Request by Clearwire, LLC for approval of telecommunication tower facility as a CONDITIOANL USE at 2 2489 Rice Street s Chair poherty opened the Public Hearing for Planning File 10-010 at 6:34 p.m. 4 Associate Planner Bryan Lloyd reviewed staffs analysis of the request by Clearwire, LLC for approval of a 5 telecommunication tower facility as a CONDITIONAL USE at 2489 Rice Street (PF10-010), as detailed in the 6 Request for Planning Commission Action dated April 7, 2010. Mr. Lloyd specifically noted Condition "a" related to 7 pending wetland delineation to determine the actual fifty foot (50') setback once ground conditions are suitable for 8 that determination. 9 Staff recommended approval of the requested CONDITIONAL USE for Clearwire, LLC to allow the installation of l0 125' telecommunication tower at 2489 Rice Street; based on the comments and findings of Sections 4— 5 and the ] 1 conditions of Section 6 of the staff report dated April 7, 2010. ] 2 Discussion included allowances for possible relocation of the tower on the lot and relative to adjacent residential Is properties, and the definition of "significant" any potential relocation may be at the City Council level if the 14 Commission approved the request as recommended by staff. 15 Further discussion included anticipated city-wide antenna network based on Information Technology needs in the 16 community; previous approvals to-date; and existing ordinances addressing additional antenna versus additional 17 towers. 38 Commissioner Gottfried expressed concerns with the proposed, yet pending, setback (Attachment D) between the 19 proposed tower facility and the most adjacent residence on the west; and any potential hazards to that property 20 owner if the tower should fall. 27 Mr. Paschke noted that existing towers were located in even closer proximity to residential properties, and as 22 indicated in previous presentations to the Commissioners, location was not restricted based on that concern, as 23 the towers were being engineered to facilitate any structure failure, by collapsing on themselves; and suggested 24 that the applicanYs representative could address those concems as well. 25 Commissioner Gottfried opined that remained a point of concern for him, recognizing that the concern may be 26 perceived versus actual. 27 Commissioner Cook sought clarification on setback requirements from Rice Street (front side); with Mr. Lloyd 28 responding that the setback was related to the actual building structure in a B-1 Zoning District at thirty feet (30'). 29 Additional discussion included rationale in the applicanYs request for this site after unsuccessful attempts to 3C locate on public property in the City's Acorn park; access to the site for initial construction and ongoing 31 maintenance; and the intent of the applicant for possible relocation going to the east or west, rather than 32 elsewhere on the site. 33 Commissioner Wozniak requested clarification from staff on the addressed used for public notice of this Public 34 Hearing, whether it was 2489 04 2499 Rice Street; with Mr. Lloyd displaying an actual notice post card, indicating 35 that either property location would have served the standard five hundred foot (500') area. 36 Applicant Representative, David W. Fischer (2324 University Avenue W) with Buell Consulting 37 Mr. Fischer advised that he was attending in place of Mr. Tony Vavoulis who was currently on vacation. 38 Mr. Fischer provided engineering provisions for potential monopole collapses, with the top section designed to 39 buckle in the shape of a"J" but not touching the ground; and offered to provide staff and the Commission with a 40 letter detailing the safeguards for such a collapse. Mr. Fischer addressed potential relocations options on the 4] property as suggested by Commissioners; but assured them of the applicanYs intent to remain at least fifty feet 42 (50') from the wetland; and that they would continue to work with staff and the property owner on that actual 43 location. 44 Further discussion ensued on the wetland delineation, seasonal soil conditions, and water table adjustments for 45 seasonable norms to allow proper assessment. 4b Public Comment 47 Beverly Schmidt; 2442 Rice Street, Trailer #85, Little Canada (mobile home park directly across Rice 48 Street from the proposed tower site) 49 Ms. Schmidt had several questions related to impacts to residents of the mobile home park related to signal 50 interference with land and cell phone lines and reception, as well as for any alarm systems; area traffic signal 51 lights; or potential lightning strikes; and any additional significant traffic from the location of this pole at that site. Page 1 of 3