Loading...
HomeMy WebLinkAbout11/06/2008 AGENDA MAPLEWOOD PLANNING COMMISSION Thursday, November 6, 2008 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. October 7,2008 5. Public Hearings a. 7:00 pm: T-Mobile Cell Phone Tower Proposal, Trinity Baptist Church, 2220 Edgerton Street . Conditional Use Permit b. 7:15 pm: Easement Vacation by Lisa and Todd Thoms, 760 Sterling Street 6. New Business 7. Unfinished Business 8. Visitor Presentations 9. Commission Presentations October 27,2008: Legacy Shops PUD Revision Tentatively Scheduled (Mr. Yarwood) November 24, 2008: Planning Commission representation at city council meeting (Mr. Desai, Ms. Fischer next in line). Items scheduled: T-Mobile Cell Tower and Thom's Easement Vacation. 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, OCTOBER 7, 2008 I. CALL TO ORDER Chairperson Fischer called the rneeting to order at 7:00 p.rn. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Absent Present Present Present Absent Present Present Present City Staff Present: Torn Ekstrand. Citv Planner Steve Kummer, Staff Enqineer III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as presented. Commissioner Hess seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. September 16, 2008 Commissioner Trippler moved approval of the minutes of September 16, 2008 as submitted. Commissioner Yarwood seconded Ayes - Fischer, Hess, Martin, Pearson, Trippler, Walton, Yarwood Abstention - Boeser The motion passed. V. PUBLIC HEARING a. 7:01 p.m. - Richie Place Lot Split, LaBore Road East of Arcade Street . Comprehensive Land Use Plan Amendment - OS (open space) to R1 (single dwelling) . Lot Division Planning Commission Minutes of 10-07-08 -2- Planner Tom Ekstrand presented the staff report for the proposal to develop 16 single-family detached town homes in Maplewood and Little Canada. Three of the 16 lots are within the City of Maplewood's boundaries and the remaining 13 lots are in Little Canada. Staff is bringing this proposal before the planning commission due to the majority of the project being in Little Canada and due to the proposed open space land use. Staff said it is unclear why this private property was originally planned as open space. Staff said the city attorney has advised that the city should not be planning private properties as open space and it is appropriate that these private property designations be changed to single dwelling. Commissioner Hess asked whether the requirements of the sewer standards would be the same in Little Canada as in Maplewood since Little Canada will be installing the sewer for the project. Staff engineer Steve Kummer responded saying that the drainage going into the pond would be the same as if Maplewood had reviewed the plan. Mr. Kummer said that the pipe layout was not out of the ordinary and is within Maplewood's standards. Commissioner Martin asked about street assessments for improvements on a Little Canada street with the house being in Maplewood. Mr. Kummer said that the two cities would need to create a joint powers agreement for city services. Phil Solby of Lauren and Company Development, the applicant for the project, explained plans for this proposal. Mr. Solby discussed the current down trend in the housing market and the applicant's desire to increase the value and marketability of this land. Mr. Sol by said that no improvements would be done until there were a significant number of lots sold and all improvements could be done at one time. Comrnissioner Ledvina asked the applicant what measures would be taken to protect the wetland when the development begins. Mr. Solby responded that they would follow all of the guidelines and requirements requested by the city. Mr. Solby said that in addition there is a natural buffer of trees and vegetation on the edge of the wetland that will help protect the wetland. The public hearing was opened for comments. The following people spoke: David Himmelbach, 2970 Labore Road, Little Canada, said a notice of foreclosure was pinned to his door last week. Mr. Himmelbach said the foreclosure notice included the applicant's property included in this proposal. John Gores, 2870 Arcade Street, Maplewood, said that he and his wife Jolene Gores have filed a lawsuit with the City of Little Canada claiming that an approved variance for a cul-de-sac length was inappropriate. Mr. Gores also presented to the commission a copy of the Little Canada engineer's drainage plan for this project, a copy of a notice of foreclosure, and a report from Shann Finwall discussing tree preservation and wetland buffer review. Mr. Gores asked that this request be denied by the commission due to legal and economic issues. Bill Schorn, 2940 Labore Road, Little Canada, said he owns the property west of the proposed development. Mr. Schorn commented that it would not be unusual for a homeowner with property that is designated open space use to not be able to build on that property and yet be required to pay taxes on the property. Mr. Schorn said the foreclosure issue is very important for consideration. Planning Commission Minutes of 10-07-08 -3- Gary Kuam, 2934 Labore Road, Little Canada, said he is an adjacent property owner and understands that this property will be developed eventually, even if not developed by Mr. Sol by. Mr. Kuam noted his concerns with this development including safety issues, length and design of the cul- de-sac and space for turnaround for fire trucks, water run off and the holding pond and swale and protection of wetlands and Gervais Lake. Bill Hanson, 2836 Keller Parkway, said he is against this proposal for many of the reasons previously addressed tonight. Mr. Batista, 951 Beam Avenue, said he is against this proposal. Mr. Batista noted that an engineer told him it would be cheaper to install sewer lift stations to Labore Road than to continue installing the sewer line to Arcade Street. David Himmelbach spoke again regarding the previous owner's excavation of the site and soil pollution issues with the property. Mr. Himmelbach said that in the past he had requested soil testing of the property by the MPCA, but was told there was no funding available to do the testing. John Gores spoke again regarding the open space designation of this property and reminded the commission that the 60-day time limit is now in effect for this proposal and it needs to be considered and addressed within that time limit. Phil Sol by, the applicant for this proposal, said they are trying to cap losses with this project. Mr. Solby further explained that there is a voluntary foreclosure with confidential lender agreements in place. Mr. Solby said they have agreed to see this project through and that he will continue to act as the developer to complete this project if possible. Mr. Solby asked the commission to look at this request solely on its merits and what is relevant. Bill Schorn again spoke against this request and said Mr. Solby failed to retain his letter of credit. Commissioner Boeser noted that approval of the lot split plan for three or fewer lots is staff's purview and asked staff whether they can move forward with approval of this lot split if the commission rejects it. Mr. Ekstrand responded negatively that this request would go forward and noted that this request also includes a proposed land use plan amendment. Jolene Gores, 2870 Arcade Street, said that the city of Little Canada never approved detached town homes for this property. Ms. Gores said Mr. Sol by's financial qualification is relevant. Commissioner Yarwood said that the financial issues pertaining to the applicant discussed tonight are not the commission's purview and the commission can only consider the request before them. There were no further comrnents from the public; the public hearing was closed. Commissioner Martin moved to table this request in order to get a legal opinion from the city attorney. Commissioner Trippler seconded and requested the following information on: 1) whether the drainage was adequately designed, 2) whether pond calculations were correct, 3) whether the cul- de-sac criteria was met, 4) issues with the elevations and slopes on the three lots in Maplewood and whether they could be developed without having an adverse impact on the wetlands, the tree preservation matter, and the storm sewer outlet structures. Planning Commission Minutes of 10-07-08 -4- Commissioner Boeser suggested that with all the issues needing clarification this request should be denied and the applicant can reapply. Commissioner Boeser suggested that if this item is tabled, it should not come back to the planning commission for consideration until after November 18, 2008. The commission then voted The motion passed. Ayes - all Commissioner Boeser said he felt that he had the wool pulled over his eyes on this-project. Mr. Boeser said it was a great oversight on the part of staff, whether intentional or not, to not inform the commission of an intent to foreclose on this property. Mr. Boeser said it doesn't have to do with the financial viability of the current owner of the property, but it has to do with the standing of them as the owner of the property or the interested party in the property. Mr. Boeser said to be quite honest, this would have been a very easy decision coming forward, if we had notice that a foreclosure was going to occur on a property; we obviously don't want to make a decision on a property until we know that the owner is going to be there long term. Mr. Boeser said he was angry that he didn't receive the full deal from staff and asked if staff had a reason he should let him know. Mr. Ekstrand responded to Mr. Boeser saying that he learned about the financial issues and foreclosure at exactly the same moment as everyone else at tonight's meeting heard it and clarified that he had no previous knowledge of the foreclosure and he was not clouding or keeping anything from the commission. Commissioner Martin questioned whether this issue is with the property or the property owner and said he does not feel that staff needs to do a credit check on applicants. Commissioner Yarwood said the commission's responsibility is to make decisions based on the most appropriate land use regardless of who the applicant is. VI. NEW BUSINESS None VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS a. Mayor Diana Longrie addressed the commission regarding the 60-day legal notice. IX. COMMISSION PRESENTATIONS Upcoming Council Meetings and PC Representation: . September 22: St. John's Hospital PUD Revision and Vacations - Staff reported . October 27, 2008: Legacy Shops PUD Revision Scheduled - Mr. Yarwood Planning Commission Minutes of 10-07-08 -5- X. STAFF PRESENTATIONS a. October 21 planning commission meeting is cancelled. b. November 4 planning commission meeting rescheduled to November 6. c. A flyer was distributed to the commission from Lucille Watt XI. ADJOURNMENT The meeting was adjourned at 9:48 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: Acting City Manager Tom Ekstrand, Senior Planner Easement Vacation 760 Sterling Street October 27, 2008 INTRODUCTION Lisa and Todd Thoms, of 760 Sterling Street, are asking for approval to vacate a five- foot-wide drainage and utility easement on the north side of their property. Mr. and Ms. Thoms are proposing to buy 20 feet of land from their neighbor to the north. By doing so, the five-foot-wide easement that is currently along their northerly lot line would end up being 20 feet inside their lot. Refer to the attached maps. If allowed to remain, this easement would serve no purpose and could hinder any future addition to the Thoms' garage or to any other future building proposal they may wish to build in the easement location. Staff recently conditionally approved a lot division to split off the 20 feet from the northerly neighbor's property and to attach it to the Thoms' lot. A condition of that lot split approval was the vacation of this easement and rededication of a new one along the new northerly lot line of 760 Sterling Street. Refer to the attached letter to Ms. Nancy Doyle. Request Vacate the drainage and utility easement on the property located at 760 Sterling Street which is located on the north side of the house and garage. BACKGROUND Findings for Approval To vacate an easement, the city council must find that it is in the public interest. Vacations require a four-fifths vote from the city council to approve. DISCUSSION This easement would serve no public purpose. If left as is, it could hinder the use of the property if the current owners or a future owner proposed to add onto the garage or build an out building on that easement. If the council vacates this easement, it should be conditioned upon the dedication of a new five-foot-wide drainage and utility easement along the new northerly lot line. The city requires easements typically with subdivision approvals to reserve the perimeters of single-family lots in case there is a need for utility placement or to facilitate drainage ways. The city should not file the resolution to vacate the current easement until the owner of the neighboring property to the north, 2480 Linwood Avenue, has taken the new,deeds for their lot split to Ramsey County for recording. RECOMMENDATION Adopt the resolution vacating the drainage and utility easement on the north side of the property located at 760 Sterling Street, since: 1. The easement would serve no public purpose after the applicants purchase 20 feet of property from the neighbor to the north (2480 Linwood Avenue). 2. The city has administratively approved the lot division for the owner of 2480 Linwood Avenue to sell their southerly 20 feet of property to the applicants. This vacation is conditioned upon the following: 1. The city not recording the resolution to vacate the easement until the owner of the neighboring property to the north, 2480 Linwood Avenue, has taken the new deeds for their lot split to Ramsey County for recording. 2. The applicants dedicating a new five-foot-wide drainage and utility easement along the north five feet of their future lot line. This has also been required as part of the lot division approval for 2480 Linwood Avenue. p:sec13-28\Thoms' Easement Vacation 10 08 te Attachments: 1. Location Map 2. Certificate of Survey 3. Letter of Lot Split Approval for 2480 Linwood Avenue 4. Easement Vacation Resolution 2 J -:Ji i- ~ L-J u ~ ciJ ~ ~ " i .. Water Tower Ol>l'1 J 681 f i C3 f r1 LINWOOD AVE ~ THE APPLICANT IS PROPOSING TO SELL THE SOUTHERLY 20' TO NEIGHBOR TO THE SOUTH i o tJ aiJ 1\J ;'--, '~'-, ,__ i ... f (; Applewood Park '- f4.4 r1 /\ I "^Ya \ Attachment 2 FOR AI Jiravec Estate 16113 NE CORNER, NEII4, NW1/4, SEC.IJ,T,2a, R.n CAST IRON MONUI.lENT , , _0::__ ." ~ NORTH LINE, NEI/4, NWI/4, SEC. lJ,T.26, R.22 N 89.50'29"E - - - - ~ - - - _ 41O.:~jO- - - - - __ , " , " ~I ~I gl o - , ~ ~ s 119'56'29"W - - - - - 3110.36 - - - - LINWOOD AVENUE o o ,.; '" , , , , , \~ ~ - -- N o d '" ~EJ -------;;:::=- / 2480 LJN~~~:'~V~~-~:a.lO'---': ) ~:/ ~- . It-~ ' ~'C.\I.~\:~b~ .~ c ~.~'t. \~Qo,j~ .1,.10 ~ "v-tt- ,..' EJmn~nn )0 , , , , , T.U. , o u\ 01 , , , , . " o ~ '4 !6 '" " , w , - : ~ , z ~ ~" '" N ;;.. f' ~ g :J '" ~ w ~ . / / / x-.V <:;;;'1:' (,v~ (,~ / / o , ' .. / ,~ " .---/ S 89058'29"W -----292.05---t--- '._ /---95--- _-41.5-~ __-51.4--_ ' , - -.-' 11.88 "'-02'31'17" SPLIT PARCEL '. ")0 / --,-..-14.08 NET AREA = 5675 IIq. rt. 20.00-::: - GO:H:~~.:II::LLS 5TH ADDITION / "' ,.. \ . I~ 0 760 STERLING STREET ~ d I l<=l '? I ,,' JIO"'",' lI'\ ',' S 89050'29"W N 89032'32"W ----- 211.52---- \ PROPOSED EASEMENT VACATION 20' PROPOSED TO BE ADJOINED WITH 760 STERLING STREET CERTIFICATE OF SURVEY (MEASUREMENTS SHOWN IN FEET AND DECIMALS OF A FOOT) PROPOSED LOT SPLIT NOTE: NET AREA EXCLUDES ALL ROAD RIGHT OF WAYS t Attachment 3 Together We Can October 18, 2008 Ms. Nancy Doyle i 02 Bailey Road ., St. Paul, MN 55119 LOT SPLIT APPROVAL FOR 2480 LINWOOD AVENUE The City of Maplewood has approved the lot division as shown on the attached site plan. This approval separates the southerly 20 feet from the property at 2480 Linwood Avenue for combination with the abutting neighbors' lot to the south at 760 Sterling Street. Conditions of Approval These conditions must be met before the city will sign and stamp the new deeds: 1. The five-foot-wide drainage and utility easement on the northerly five feet of 760 Sterling Street must be vacated 'by the city council. The reason is that this easement, if ailowed to remain, would serve no public purpose and would create a limitation for this lot by preventing any future expansion of this property owner's garage to the north. Also, it must be verified by the applicant or the owner of 760 Sterling Street that that there are no utilities existing in the current easement to be vacated. 2. The new legal description for the road right-of-way to be dedicated the public shall be provided by the applicant. 3. The new legal description for 2480 Linwood Avenue excluding the dedicated road right of way anq shall include a ten-foot-wide drainage ar)d utility easement along the north, east and west lot lines and a five-foot-wide drainage and utility easement along the south lot line. 4. The new legal description for 760 Sterling shall include a ten-foot-wide drainage and utility easement along the east and west lot lines and a five-foot-wide drainage and utility easements along the new north lot line. 5. An Owners and Encumbrances Report for both lots shall be provided for the review and approval of the city's engineering department. 6. Dedicate the right-of-way for Sterling Street which has, so far, only been_dedicated by a granting of easement. 7. The city's engineering department must review conditions two through six. Please contact Steve Love of the engineering departmentat 651-249-2404 with questions. Please contact Tom Ekstrand at 651-249-2302 with questions regarding the process for vacating the five- foot drainage and utility easement. OFFICE OF COMMUNITY DEVELOPMENT ' ,651-249-2300 CITY OF MAPLEWOOD 1830 COUNTY ROAD BEAST FAX: 651-249-2319 MAPLEWOOD, MN 55109 October 18, 2008 Ms. Nancy Doyle Page 2 Before Building Permit Issuance The above requirements must be met before I can stamp the deeds splitting the property. To reiterate, the city council must act on the easement vacation, as well, before I can stamp the deeds. After the city stamps and signs the deeds they must be taken to the Ramsey County for . recording. This lot split approval shall be good for one year according to city ordinance requirements. Please call me at 651-249-2302 if you have any questions. You may also email me at tom.ekstrand@ci.maplewood.mn.us. fp~~ TOM EKSTRAND - SENIOR PLANNER Enclosures: 1. Location Map 2. Certificat.e of Survey c: Steve Love p:see13-28IDayle Let Split Linwood and Sterling 10 08 #2 Attachment 4 EASEMENT VACATION RESOLUTION WHEREAS, Mr. and Ms. Thoms, of 760 Sterling Street, applied for the vacation of a drainage and utility easement on their property. This easement is described as follows: The north 5 feet of Lot 7, Block 1 AMBER HILLS 5TH ADDITION, Ramsey County, Minnesota WHEREAS, on , 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. Th~ planning commission recommended that the city council this request. WHEREAS, on , 2008, the city council this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city property will go to the adjoining property. this vacation, the public interest in the NOW, THEREFORE, BE IT RESOLVED that the city council described vacation because: the above- 1. The easement would serve no public purpose after the applicants purchase 20 feet of property from the neighbor to the north (2480 Linwood Avenue). 2. The city has administratively approved the lot division for the owner of 2480 Linwood Avenue to sell their southerly 20 feet of property to the applicants. This vacation is conditioned upon the following: 1. The city not recording the resolution to vacate the easement until the owner of the neighboring property to the north, 2480 Linwood Avenue, has taken the new deeds for their lot split to Ramsey County for recording. 2. The applicants dedicating a new five-foot-wide drainage and utility easement along the north five feet of their future lot line. This has also been required as part of the lot division approval for 2480 Linwood Avenue. The Maplewood City Council this resolution on ,2008. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: Chuck Ahl, Acting City Manager Michael Martin, AICP, Planner T-Mobile Monopole - Conditional Use Permit Request T-Mobile 2220 Edgerton Street North October 29, 2008 INTRODUCTION Project Description Paul Harrington, representing T-Mobile, is proposing to erect a 75-foot-tall monopole for cellular telephone operations on land leased from Trinity Baptist Church located at 2220 Edgerton Street North. This monopole would have the availability for co-location in the future. T-Mobile would lease a 20- by 35-foot monopole site from Trinity Baptist Church. The applicant would place ground equipment inside an 8-foot-tall fence. The fence would also include a 6-foot-wide gate for access. The tower would be placed on the lawn on the Highway 36 side of the church, outside of the fence to the east of the ground equipment. The applicant is proposing to use the existing landscaping for screening purposes. The monopole would be constructed on the site of a previously existing monopole that was owned and operated by US West. That monopole has since been removed. Requests In order to proceed with the project the applicant is requesting the following city approvals: 1. A conditional use permit (CUP) for a monopole and related equipment in an F (Farm) district. Section 44-1327 of the city code requires a conditional use permit for communication towers in a residential district. Refer to the applicant's letter of request and letter regarding co-location. 2. The monopole design and site plan. BACKGROUND In 1982 a sign variance for Trinity Baptist Church was approved by the city council. In 1998 a CUP was approved for an 85' monopole operated by U.S. West. The mon9pole has since been removed. DISCUSSION Conditional Use Permit Two neighbors have expressed concern about the appearance of the proposed monopole and the view from their homes. The two concerned parties live on Viking Drive East in Little Canada, to the north, and across Highway 36 from Trinity Baptist Church. The city code states that, to approve the CUP, the city must determine that it is not detrimental to any neighbor because of general unsightliness. It is difficult to argue that a monopole is attractive. However, staff does not feel that the actual impact on the neighbor's views is substantial; especially considering the Highway 36 corridor is already within their viewsheds. The Federal Communications Commission (FCC) licenses all telecommunications systems. This licensing requires that the proposed or new telecommunications equipment not interfere with existing communications or electronics equipment. If there is interference, then the FCC requires the telecommunications company to adjust or shut down the new equipment to correct the situation. Maplewood must be careful to not limit or prohibit a proposed tower because of electronic interference. That is up to the FCC to monitor and regulate. The city may only base their decision on land use and on health, safety and welfare concerns. Design and Site Issues The tower meets the setback requirements specified in the code. Staff does not find placement problems with the proposed tower facility. Staff went to Viking Drive North in Little Canada to observe the view that the homes on the north side of the highway have. While the actual tower cannot be screened, staff does feel that additional screening should be implemented in order to shield the residences to the north from the ground equipment and the base of the tower. Staff also feels that it would be appropriate to screen the base of the tower on the east side from the playground that is located on the church grounds. Staff recommends using arborvitae shrubs in order to be consistent with existing screening. The applicant's landscape plan shows six existing arborvitae shrubs on both sides of the proposed fenced-in area for ground equipment. When staff visited the site there were four shrubs on the west side and five shrubs on the east side. However, even with the reduced amount of shrubs staff finds that the existing screening the shrubs provide is sufficient. Other Comments Buildino Official . If there is a prefabricated building it is required to be IBC listed. The information provided by the applicant does not include the IBC listing. This is a Minnesota State Building Code requirement and the city will not issue a building permit for the new structure without the IBC listing. . The city requires a building permit for the installation of the cell phone tower. . The cell phone tower must comply with all the requirements of the 2006 International Building Code. 2 . A Minnesota registered structural engineer is required to review and sign off on the plans submitted. . Special inspection is required for bolting and welding. Enaineerina Department No comments. Fire Marshall No comments. Police Department Lieutenant Kevin Rabbett of the Maplewood Police Department stated that he "found no significant publiC safety related concerns" with this proposal. COMMITTEE ACTION On October 28, 2008, the community design review board recommended approval of the site, landscaping and design plans with conditions. RECOMMENDATIONS A. Adopt the resolution approving a conditional use permit for the proposed 75-foot-tall telecommunications monopole and ground equipment. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This conditional use permit is conditioned upon T-Mobile allowing the co-location of other provider's telecommunications equipment on the proposed tower with reasonable lease conditions. B. Approval of the site, landscaping and design plans dated March 31, 2008, for a 75-foot-tall telecommunications monopole and ground equipmenfon the north si(je of Trinity Baptist Church at 2220 Edgerton Street. Recommendation is based on the findings required by code and subject to the applicant doing the following: 1. Applicant shall provide additional screening to the north and east of the monopole and ground equipment subject to staff approval. 3 2. Repeating the review in two years if the city has not issued permits for this project. 3. All work shall follow the approved plans. Community Development staff may approve minor changes. 4 CITIZEN COMMENTS Staff surveyed the 45 property owners within 500 feet of Trinity Baptist Church for their opinions about this proposal. Of the nine replies, three had no comments, four were in favor and two objected. In Favor 1. It's fine with us. (Seibel, 2205 Sunrise Drive) 2. I have no objections - please proceed as appropriate. (DeVore, 2242 Hendry Place) 3. It's fine with me. (Kreyer, 2228 Hendry Place) 4. Ok with us as long as it is not by my door. Where is it in the plans you sent? Is it by the little pond or near the church parking lot? Opposed 1. What fee will be disbursed to those of us affected? Put up an ugly tower; take down an ugly tower; put up an ugly tower? (Burns, 601 Viking Drive, Little Canada) 2. Just because it's zoned for farm a monopole is not a horse, chicken, or cow. It's a large ugly pole sticking out in a beautiful neighborhood - not farms. We face south from our main windows of our home; the beauty of the cross lit at night is alii want to look at. The last pole they had was ugly from the view of our living room window. It took away from the beauty of our view. The lighting from the pole shined into our bedroom windows (we have too many lights from freeway) and we also had a lot of problems with our phones from the last pole. I do not want to look at another monopole. We are voting no to any monopoles being put up at 2220 Edgerton Street N. We face south from our living room and we saw the last pole it took away from our view all we could see was that old pole it was not a beautiful sight. The lighting for safety of the last pole and church shined into our bedrooms and living room, we already have way too many lights from the freeway and church shining over across the freeway into our home. The last pole caused a lot of problems with our phones beeping all the time. I, Mrs. Stauff, had many headaches when last pole was up when they took it down my headaches stopped. I have not had any for over a year now. We would like someday to sell our home without pole. I would rather look at the cross lit at night then a telephone. Chickens, cows, a horse, a barn would be a better sight than a monopole. We say no to monopole. (Stauff, 627 Viking Drive, Little Canada) No Comment 1. No comment. (Phoenix Residence, 645 Viking Drive, Little Canada) 2. No comment. (Brekke, 2204 Payne Avenue) 3. No comment. (Downs, 628 Viking Drive, Little Canada) 5 REFERENCE INFORMATION Site Description Existing Use: Church Surrounding Land Uses North: East: South: West: Highway 36 and Single Family Homes in Little Canada Single Family Homes Single Family Homes Single Family Homes PLANNING Land Use: Zoning: Church (C) Farm (F) Ordinance Requirements Section 44-1327 requires a CUP for a communications tower in a residential zoning district. The ordinance requires a maximum height of 75 feet; however, the height may be increased to 125 feet if the tower is designed for the co-location of another provider's antenna. Section 44-1327(13) requires the community design review board (CDRB) to make recommendations on the plans for towers, utility, equipment or accessory buildings, site plans and proposed screening and landscaping. 6 Findings for CUP approval Section 44-1097(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to the findings in the attached resolution. Section 44-1326(a) states that the city council shall consider the following when reviewing a CUP for a monopole: 1. The standards in the city code. 2. The recommendations of the planning commission and community design and review board. 3. Effect of the proposed use upon the health, safety, convenience and general welfare of residents of the surrounding areas. 4. The effect on property values. 5. The effect on the proposed use in the comprehensive plan. Application Date The city received the complete application for lot division request on September 17, 2008. The initial60-day review deadline is November 23,2008. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of your application. Based on the meeting schedule to review this application, the revised, extended deadline for the City of Maplewood to complete the review and take action on the request will be January 15, 2009. P/sec8/2220 Edgerton N - CUP Monopole Attachments: 1. Location Map 2. Zoning Map 3. Land Use Map 4. Applicanfs letter of request including maps dated September 16,2008 5. Applicant's letter of monopole height and co-location provision dated August 20, 2008 6. CUP Resolution 7. Site Plans dated March 31, 2008 7 Attachment 1 T -Mobile Request for Conditional Use Permit - 75' Telecommunications Monopole 2220 Edgerton Street North ~ .J4\ll;lG<m_ ~~~ _!G!r>>,l\\'a& .' -'-'-"'i!ifl'i""irl"m~ "". ;!.~o f!i;:ms "~ ' '\ '?~>-"" 2l!6 '1"'~ "i';;k :H~;,~ ,'",' ,.-;c-,,,.,., ,,,. "~,,, '",.'.'" 2!6i~,~ -o~~1I ,"2150 ~.'_" "21M t Figure One - Location Map City of Maplewood September 23, 2008 NORTH Attachment 2 T -Mobile Request for Conditional Use Permit - 75' Telecommunications Monopole 2220 Edgerton Street North; Zoned - Farm j i I i )( '-,_'-'--L-4~--,--,---,--,--- I I __~ ~_ _ J-- .~+.... - - . - - - -- - --------...-,..,...-T-----~---..----------:__- ............._-:: _.~-~-_._~-~-_._---~ ~--- .....~~-...... ---- -~ -- -~- "----~---- -----------_.-------~-----_._~---------- , , ------~-t.:..~i-'--------------~---~-- . I I : I ! _~...-~ I ",<'" ~ ""~ . I' ",~-;-r ! ,..'/:/~ l I ./~r? i [ /// !! ./.{/ _~ll f/; ........"'" 'J _1,-.._.../",'/' -...::....-...;;-......_~ .;.,._/' -'. " \, ( ! ; ! i ! i I I 1 I , I 1'1 ~.~. f, \ Trinit- Baptist Church Cl '\ l I :I I \ 1 I I -(,\ III f _~<~-0?f?P4m~_I';itt,'~; -:=~ ,~) I ^-~.;;<:~~;7!/2,J;:~;r~ c,.~;;,~'~~;j,:,/ };:,;f> /;j;:!;tls:;;:i }{~~~:; f I 7J>~-- 'lJ:.'r n ,. ~ .,,,_r /- -< / ,<o-'~ '//,-': ;:.. ~J/._ 'l.' /:/-rl.'--?, /,,( ,'. n11s~-' 'f:;,~!,~~::'frr;1~::~,;/< >,~': '~/ ,<~F ' ,,/{./~~;?!Jff;~,~ $};, :>/::::5/" .-:~C!J-'?/? ,'~' "t: ^,//./^/',,//'~<,;,.'...."/'//' , ",:.1,,//.:..-, 0 ~u~/''','/<,''''l///.N./ <~y;: ~l<- '';''J ,rt ,~/, ~/;~,;';~..-y/,~. /;/',-: ^ ,; /,//, 'u',', ie' , <--~:/.';'-/,:~ /;'-::/~/ ?, ~ ~ // 7<-:~"X "/,:t,,q ~x/ //--"~-7"" .; / '/ N "~O/ ''-'; ~~/~.... / ,~'Y,/;///?///, ~/'//,. '/,,////'//;'/E' ," ~;~:~{ ~:1;:;;l ?;~~}~;:~{~~;:;? /~{;;>:~ ';.; "'''~; }.1~[: , ,:" '/,,,;;:;c,y; :'}"!f!;' ;~:;~{ ~~/:-'l%~r ""I ,,-r ',; ,/:'~//-'/ /:% "'$lioreland"- ~ la' ,~~/"/, ,/;';U'--,"/u, "/,,;,,: ~~;: $;1 '/f\~l ~??i:~~.;;:~:: ':;").%;;/" nY/~, //, ' >;--' /;'/ ,/~ uYj:}:/c~/ ~~ ~\~~::"}/ ,tf~~': " '...:-x(<,,{ Vk,~';E ''i;?:;.f;//';.-'/(x~ ;:;,1/'.1 '/,- ' ,,> ; ':-:~h >,...-;;,'(-/y/~ <~;'.-//;, ;--j/,.~~/'/: ~/:'>;~ /~:f ,//12-'~0J.: ~%>~y, ~'> 1'~~ :E/"O ....- n ~ ";-..- . ' " -' /;,.,"// ~Z':' ,./~ >X0" ." H ''l~//" ~/./.. ,~,:(.--,' /" 'WIr -' "' ~t:;';.{-:{:: ~~.~t.H..:.;..'...--..<~.K~;....:'. " )<.,~/-,:,<,/,~,. ';',' ..,-'-//...-,'.;;.-;')-/,~-;"Z. ,,);',.<,-;.g~./.-: -..'X/,;?,X, ~ /)'.l',i',' ./y ~~ 1:1':// -'1::/hE/;,-,/;'~r,,/'/. {'".x. ,"Ei',~ /U ~ :/C:]'E '~"~' v ~/0-'E-?,:'~ ~/ "1:::;-"'/%/ /1"::::;?~f 'n ;tl/'~f;,E' ..-%'.1:, ~..../:;..-:::';;;,{,~/,~~'/<~" .1:~~:c~ ,>;-:.:/:/::/~>~' 0' ,;:./':.(\.'t ';--::~~.;;.~;::::;:~ ~J~X,~~)jI:?' ;.'/__'U/'.I-", ;r/':::f L/'/ /E -<",', '//z"" ~/ 'U. '<" ' C''''/''0-,,; j;' ,/ 'r' ":% '~~ <~//~;::.f /-;, ',,', (- ,f<'::~; , '~;:;-~cF ,:-,;;: ';'~" [ j:I/i?.;.~,<:;./;::>;~::.-- ;-'-;: '>:;;::~ ,:.'~~ ',/ '?, {~, ;':;::<<-):'-/1' E /;J., ",: ,':/n % ' ,'~1'~:F:;;; :s>~;:(,.-/; ,,,/:':/;;;...v, ,-':)~fii ;<;r:iJ :: -0 ' '.;~:."; ;, ';3<::" /' '~;.;,/> .' /~_ ' '}i~( ;:~<::;:f?: -::-;:'/}f;rJ:j;~~~1..t-' "_'~,,',:' ;f.:;;;;- //~: ~, ;;- -' ~;'~-0://. ::~'-///'.:-y.~-' /, //.0 '~~"'-:::J' -{. {:-' "'.-'/~/, /%...~ ,/.-..-%j 'fen z..." '/-"':..0' '~/,''l~<i~/'.t; 1;: n" '~~~ E..- ,~,~r/(~; ,-^, -;;~~~ ;'" '/"."~1- .1" J:U:' ~ '/ -,~ E:;', "",'o~- <;-:5 :~:~r;~'~' <, '- H;---J '/ ,/.:-,/~'-,;">;':~ , '(ii:;j/ "b~fd}~ '#~u, i;' .... <ij'.$:'---'>:i'/"'- ~;/.J,f.i'~I~/. _ - //, r. "/ r;>/'/' ~ ,-://,~~"-,/,,, Ei'/~rt.';I" e~"/'h///',/ ~'~ ':.~... ,. '_./ ;.--:r; /' -' '(0" /.;/ ~- J," / E ~/ /,,' '//-/. /. i'(O'~"- , ~-''-'~'''''i' ...- ~,/~~.~))'''1::."t:: 'r~, u"/'~r',( '_E~ ',' /,,', ',.E, /., /<:.<;-,/,,,,-:/ 4:..,0;:%::;.t;~,*~,,~~ ;.-: . ,. ,..../ - ",'-" '/ ~'E ~.-':fi?f/it ~~/<,y}~~-;,i:tft;.i2:~;~~t~t1~S~:1~jrJ~ZI~1:t~~ ~..-...,''':,.~~~S:.%0~;;.--/ 0:. ---'0'_ ;"'-:u"h i' /, J - 0 ,/" '~//"';'," "/,/'//,-7-; >O;;J<~ //,/1-' ':;.)::~,;~jJJ~;il~~~/,... ;;:, ~"; :,~-" ':<r\~_~.;.' - <-'~7{,_;._': '.:_~~:~;.//L.~~::...:,:' _~~~':t ;[;;:L /u'"""IU'"/' "C"u,,~O'O" g" 'U'C' . ""'/'" :;;:,<ffi"" ,"" ...r:: ,~i?:~j*~~r~iO~;~2fl~:d:~~0r*1.~1~~~j :f,~fXK'x:~~;l ------::-------------~---:;::;----;;-~-:::~ . -~~---""- ---- - - .._~--~- __.~...--=..;~~~" ~__~-_r- ~_~~_ .' "'~--'"--~~-~- I ~~_.--~~-;;-:-..",-------~- { ..---~-~-- \;\ b,!'. l~ I ,- 1 I '!.....J '21"! i o i i !m Jm ~D '" OIl co i ,~. 2220 ~ .n, t Figure Two - Zoning Map City of Maplewood September 23, 2008 NORTH Attachment 3 T-Mobile Request for Conditional Use Permit -75' Telecommunications Monopole 2220 Edgerton Street North; Land Use Guide - Church 1 I I ' --------1-;--+--------------------- I _ .. __ ~~. _+-. _.. _ _ _ ___ h ----~...,---T--~T----------~------------ '-;---- ... -~ ----- ~ - ~ - _. .~ - --- - - ~--- - ---~- - -~- ----------------.------ - . - - -- -------~-_f-'---j-------------~--------- i i I ] I ' . I / \! ..:(/ I I <;%/ i I ~"/ ~'- i i / / _ ,L //",/ .~~.........- j ~...._..... ,/ ~"-.... ----~ ./ ....- ,-~ ~\ , i ----------=-=--=-.=.~~::-::--:::--::;--::.--:;=-::~ .---~ -- --;-~~ ......--- .;~-".---~---~:::--~- .. ~ - -.. - - - - , .....~--~~;:!:""~------ \;C~-!-~.'I I; 1 1- \ ,11 L=-: _T,. ! i~ i<O ' ~D o or> <0 i ~, o ~ = rl I_~' \ ' \ ~ -\ ~ ~\\~\ - '\,' \ \ ( ___~ '...J t Figure Three - Land Use Map City of Maplewood September 23, 2008 NORTH Attachment 4 -~-=-~"-"-'"=~~-~~ ! 'U~..' ~w ~C;:'.,"" CARLSO:\ HARRI:\GTO:\ COMMERCIAL REAL ESTATE SERVICES INC. September 16,2008 Maplewood Planning Commission c/o Maplewood Community Development Department 1830 County Road BEast Maplewood, MN 55109 RE: Request for Conditional Use Permit - 2220 Edgerton Street - Trinity Baptist Church Dear Sirs and Madams: On behalf of T-Mobile USA ("T-Mobile"), please accept this letter and the accompanying application as a request for a Conditional Use Permit to allow T- Mobile to install a 75' telecommunications monopole at the above-referenced address, BACKGROUND T-Mobile is a leading provider of digital communications in the United States with over 12 million subscribers in 46 of the top 50 wireless markets. T-Mobile uses and operates the Global System for Mobile (GSM) communications technology platform, which is the established standard in most countries outside of the United States. T- Mobile is the only U,S, wireless telecommunications provider with a national GSM network, which gives customers the choice of using their T-Mobile number while traveling intemationally and supports roaming capabilities for other GSM customers traveling to the United States. T-Mobile currently has a developed wireless network covering the 11-county MinneapolislSt. Paul metropolitan area, Current plans for expansion in the metropolitan area include deployment of facilities in areas of residential character to address known coverage gaps, Specifically, T-Mobile has identified the Basswood Elementary and surrounding Fish Lake area as a demand area lacking in signal coverage, CURRENT PROJECT DESCRIPTION T-Mobile has come to agreement with the owner of the property - Trinity Baptist Church - on a Lease agreement for the development of a 75' monopole structure on . Page 2 September 16, 2008 the subject property, The proposed monopole would be located on the north end of the property adjacent to the Highway 36 eastbound on-ramp. The location was selected based on its proximity to the main drive areas of the church grounds and, its ground elevation in relation to the rest of the property, Additionally, the location is the same as one previously used by Qwest for a similar 75' monopole. The proposed monopole and associated ground processing equipment will be located in a 20' x 35' leased area as depicted on the attached Plan Set. The proposal is for the'g'round processing equipment necessary for the operation of the equipment to be enclosed in a fenced area, This will allow the utilization of the existing landscaping that was part of the previous Qwest installation, The interior of the fenced area will consist of a 12' x 18' on-grade concrete slab. The use of the slab will eliminate the possibility of weeds and other growth within the fenced area. Michael Thompson, Assistant City Engineer, has been made aware of the proposed placement of the $Iab and has determined that its size will have no impact on the drainage amounts or pattems currently on the property. The fence surrounding the ground equipment will be chain link - eight (8) feet in height. The facility will be locked in order to deter unauthorized access to the equipment. The monopole has been designed both structurally and in terms of size to accommodate one (1) additional wireless carrier on-site. Service Technicians will visit the site approximately one (1) time per month on a scheduled basis for routine maintenance. Additional visits to the site will only be made under emergency circumstances (equipment failure, power outage, lightening strike, etc.). No special access to the site will be necessary. The GSM system operates on a specific set of channels licensed exclusively to T- Mobile to provide high quality digital communication service for the benefit of the public good. As required by. their FCC license, T-Mobile will ensure that. no interference to existing, properly licensed users of FCC spectrum takes place. Any and all future carriers who may locate on the site will be subject 0 the same standards, C.U.P. REQUIREMENTS A summary of the C.U.P. requirements as they relate to the current proposal are as follows: For a new personal wireless communication tower or monopole, the applicant shall document to the city that the proposed telecommunications equipment cannot be accommodated on an existing or approyed tower or commercial building within one-half mile radius because of one or more of the following: a. The planned equipment would exceed the structural capacity of the eXisting or approved tower or commercial building. . Page 3 September 16, 2008 No buildings or structures of necessary height are located within Yo mile of the proposed location. The attached radius map illustrates the area searched, b. The planned equipment would cause interference with other existing or planned equipment at the tower or building. As mentioned in (a) above, there are no structures located within Yo rllil~,'of the proposed location that were suitable form a height standpoint to support a telecommunications installation, c. Existing or approved structures and commercial buildings within one-half mile radius cannot or will not reasonably accommodate the planned equipment at a height necessary to function. Similar to (a) and (b) above, no structures were found to be suitable from either a structural or engineering standpoint. d. For residential district sites, the applicant must demonstrate, by providing a city-wide coverage/interference and capacity analysis, that the location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs ofthe communication service system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antennas in a less restrictive district or on existing structure. The attached coverage maps illustrate the existing and proposed coverage that will result from the location of the proposed facility. With the increase of mobile phone use as a primary phone line, capacity and coverage needs have evolved from covering primary roadways to being in locations that service customers that may use their mobile phones as a primary home phone line. Because of this, the standard for coverage in the industry has become what is termed "in-building" coverage. The maps show the relationship of the proposed facility to the surrounding sites which are in the network and how they are interrelated. The proposed location is necessary to meet the in-building needs of Maplewood residents in the Edgerton/Highway 36 area. In addition to those maps, included for reference is a street map which shows the location of the sites which surround the proposed location (A1N0617B). The site locations are as follows: A1N0061A-1779 McMenemy Street- Monopole (T-Mobile owned) A 1 N0980A - 5 County Road BEast - Monopole (American Tower owned) A1N0128A- 515 Little Canada Rd - Little Canada Water Tower A 1 N0050A - 1300 Gervais Street - Monopole (T -Mobile owned) A1N0129A - 1221 Frost Avenue - Monopole (Global Signal owned) . Page 4 September 16, 2008 e. For all commercial wireless telecommunications service towers, a letter of intent committing the tower, the owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. A letter from Mark Holm, Real Estate and Zoning Manager for T-Mobile, is attached as satisfaction this requirement. All other standards and requirements of the Maplewood Municipal Code appear to have been met or exceeded. Your support of the project is appreciated. ori behalf of T-Mobile, I thank you for your consideration of this request. If you require any additional information, please do not hesitate to give me a call at 612- 810-8174, Sincerely,.--' / .~/ (?,: ~h/'L Paul A. Harrington Carlson & Harrington, Inc. Authorized Representative for T -Mobile Ice: Trinity Baptist Church - Ross Rud lattachments: Completed C.U.P. Application . Completed Design Review Board Application Application Fees - $1,891 (CUP - $1645, Notification Sign - $200, Recording Fee - $46); $1530 (Design Review Board) Mailing List Letter of Commitment to allow Collocation Coverage Maps - Existing, Proposed, Adjoining Sites and, Radius Search Area Plan Set - Sixteen (16) Copies 11. x 17" PDF of Plan Set - emailed separately m ", g> J ,", 3 "'- \jS~~~ ,/ )> di ili I 18 snq1fjo II I ~' QUJ S'aa \Ji'oS ~ hus St" ",; rt!:i;, ~ ..... rSt ~ :I~:~~ w ,~'" ~ .,-':1" St Ja. ~ ~$-,-"dle ~m " ~, li:" \. \ ~ 0" \ ::J \ \ \ \ I o Adele alijPV " " "' V 6' :r--- ~ IS U J;:j ,,(" ", 0- ;u -0' lU 8 auu ""-". \ '\~ "t\ (") ._ . , 0 _..~..././ ~ .,-~,,- 5 I,. I \ '0:;,..;;0') \~ '\.-eo "~ \. \\.z )12. I, c~~ / ............... ~..,""- w 6' ~ CJ o '" '" '" ~ '" w '" m !SS!SSIl'J 18 u'"'l g> m 3" g: V 0 14 ! M>jJV 3- "' r ~ ~J"t ::J m (") \ ~\"'~ \~ \ f t\G> ,'l,!; \\f ' ~"' \~ ,~ ':;1- ,lld'4In\nat ~ \ . ... , , ' . ,!, 4'" , ' , 40 \ I IS 3U8Jel::J :!;l ~ m s: "- f'i ~ '- &:t )>~ ~ .0_ 0- c =t .....0 c.D) o ""'l -. o - ""'l c. -. ::::s Ie -> ....10. Z o ~ ....10. ...... OJ "'0 ""'l o "0 o U) fO C. o o <: fO ; Ie fO . ~ lli;;f;,,!;'(~,.. <"""; i, - ::::s I OJ C 0" o <: fO ""'l s>> :f-t. Ie fO f ...." fO Ie fOe ::::s c. /0 . D . 0 ~:~ 0 0 - - < j j tD C I I .., .... 0 OJ D) Q, D) c cc 0 .., -. tD t~ - ~ 0 Q, .... .., -. j tD cc cc Si\ tD j Q, )> ..Jr. Z o 0') ..Jr. ....... OJ m x -. tit .... -. j cc o o < tD .., D) cc tD I_ · - ~ · -Mobile-@ Attachment 5 August 20, 2008 Planning Department City of Maple wood 1830 County Road BEast Maplewood, MN 55109 RE: CUP application - Teleco=unications Facility - 2220 Edgerton Street To Whom it May Concern: Please accept this letter as satisfaction ofthe shared use requirements contained in the City of Maple wood CUP application. Specifically, T-Mobile, USA commits to the shared use of the above-referenced antenna facility if an additional user agrees in writing to meet reasonable terms and conditions for the shared use thereof. Sincerely, ~~ Mark Holm Real Estate & Zoning Manager - Central Region T-Mobile, USA T-Mobile USA, Inc. 8000 West 78th Street, Suite 400 Edina, MN 55439 Attachment 6 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Paul Harrington of T-Mobile applied for a conditional use permit to install a 75-foot- tall telecommunications monopole and related equipment. WHEREAS, this permit applies to 2220 Edgerton Street. The legal description is: .i'; .J..- EX S 604 13/100 FT THE W 429 FT OF SW 1/4 OF SE 1/4 (SUBJ TO HWY AND ST) IN SEC 8 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows: 1. On , 2008, the planning commission held a public hel!ring. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning cornmission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On , 2008, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council conditional use permit, because: the above-described 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council rnay extend this deadline for one year. 3. The city council shall review this permit on one year. 4. This conditional use permit is conditioned upon T-Mobile allowing the co-location of other provider's telecommunications equipment on the proposed tower with reasonable lease conditions. The Maplewood City Council this resolution on ,2008.