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Planning Commission Meeting Minutes – Wednesday, April 7, 2010 Page 2 Associate Planner Bryan Lloyd reviewed staff’s analysis of the request by 44 Clearwire, LLC for approval of a telecommunication tower facility as a 45 CONDITIONAL USE at 2489 Rice Street (PF10-010), as detailed in the Request 46 for Planning Commission Action dated April 7, 2010. Mr. Lloyd specifically noted 47 Condition “a” related to pending wetland delineation to determine the actual fifty 48 foot (50’) setback once ground conditions are suitable for that determination. 49 Staff recommended approval of the requested CONDITIONAL USE for 50 Clearwire, LLC to allow the installation of 125’ telecommunication tower at 2489 51 Rice Street; based on the comments and findings of Sections 4 – 5 and the 52 conditions of Section 6 of the staff report dated April 7, 2010. 53 Discussion included allowances for possible relocation of the tower on the lot and 54 relative to adjacent residential properties, and the definition of “significant” any 55 potential relocation may be at the City Council level if the Commission approved 56 the request as recommended by staff. 57 Further discussion included anticipated city-wide antenna network based on 58 Information Technology needs in the community; previous approvals to-date; and 59 existing ordinances addressing additional antenna versus additional towers. 60 Commissioner Gottfried expressed concerns with the proposed, yet pending, 61 setback (Attachment D) between the proposed tower facility and the most 62 adjacent residence on the west; and any potential hazards to that property owner 63 if the tower should fall. 64 Mr. Paschke noted that existing towers were located in even closer proximity to 65 residential properties, and as indicated in previous presentations to the 66 Commissioners, location was not restricted based on that concern, as the towers 67 were being engineered to facilitate any structure failure, by collapsing on 68 themselves; and suggested that the applicant’s representative could address 69 those concerns as well. 70 Commissioner Gottfried opined that remained a point of concern for him, 71 recognizing that the concern may be perceived versus actual. 72 Commissioner Cook sought clarification on setback requirements from Rice 73 Street (front side); with Mr. Lloyd responding that the setback was related to the 74 actual building structure in a B-1 Zoning District at thirty feet (30’). 75 Additional discussion included rationale in the applicant’s request for this site 76 after unsuccessful attempts to locate on public property in the City’s Acorn park; 77 access to the site for initial construction and ongoing maintenance; and the intent 78 of the applicant for possible relocation going to the east or west, rather than 79 elsewhere on the site. 80 Commissioner Wozniak requested clarification from staff on the addressed used 81 for public notice of this Public Hearing, whether it was 2489 o4 2499 Rice Street; 82 with Mr. Lloyd displaying an actual notice post card, indicating that either 83 property location would have served the standard five hundred foot (500’) area. 84 Applicant Representative, David W. Fischer (2324 University Avenue W) 85 with Buell Consulting 86 Mr. Fischer advised that he was attending in place of Mr. Tony Vavoulis who was 87 currently on vacation. 88 Mr. Fischer provided engineering provisions for potential monopole collapses, 89 with the top section designed to buckle in the shape of a “J” but not touching the 90 ground; and offered to provide staff and the Commission with a letter detailing 91 the safeguards for such a collapse. Mr. Fischer addressed potential relocations 92 options on the property as suggested by Commissioners; but assured them of 93 the applicant’s intent to remain at least fifty feet (50’) from the wetland; and that 94