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<br />Planning Commission Minutes <br />July 24, 2001 <br />Page 7 <br /> <br />. <br /> <br />COMMISSIONER FRANZ MOVED TO RECOMMEND DENIAL OF THE <br />PRELIMINARY PLAT FOR HILLTOP WOODS ESTATES 2ND ADDITION <br />BASED ON THE FOLLOWING FINDINGS: <br /> <br />1. THE EXISTENCE OF A DEVELOPER'S AGREEMENT FOR HILLTOP <br />WOODS ESTATES WHICH STATES THAT NO FURTHER <br />DEVELOPMENT WILL OCCUR UNTIL VICTORIA DRIVE IS EXTENDED <br />AND CONNECTED WITH A THROUGH-STREET. <br /> <br />2. THE CUL-DE-SAC PROPOSED IN THE HILLTOP WOODS ESTATES 2ND <br />ADDITION PRELIMINARY PLAT WOULD BE SIGNIFICANTLY LONGER <br />THAT ALLOWED BY THE CITY'S ORDINANCE. <br /> <br />3. THE PRELIMINARY PLAT DOES NOT MEET THE CLUSTER <br />ORDINANCE CRITERIA AS STATED IN THE CITY OF ELK RIVER'S <br />CLUSTER ORDINANCE REGARDING DENSITY BONUSES. <br /> <br />COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION <br />CARRIED 6-0. <br /> <br />5.4. <br /> <br />Request by Loucks Associates (Qwest Wireless) for Zone Change from A1 (Agricultural) to <br />AT (Antenna Overlay). Public Hearing - Case No. ZC 01-05 <br />Request by Loucks Associates (Qwest Wireless) for Conditional Use Permit for Cellular <br />Communication Tower. Public Hearing - Case No. CU 01-25 <br /> <br />5.5. <br /> <br />. <br /> <br />Staff report by Scott Harlicker. Loucks Associates, on behalf of Qwest Wireless, requests a <br />zone change and conditional use permit for a wireless telecommunication tower and <br />equipment pad. Qwest proposes to lease a 27' by 22' area at 21475 Highway 169 in orderto <br />construct a 150' self-supporting mono-pole to support their wireless PCS antennas. In order <br />to construct the proposed tower, a rezoning to AT is required. Mr. Harlicker reviewed <br />issues associated with the conditional use permit regarding co-location and construction <br />requirements, and design standards. He then reviewed the findings for the rezoning. Staff <br />recommends approval of the conditional use permit and the rezoning based on the three <br />findings listed in the staff report. <br /> <br />Commissioner Baker asked if there would be vegetation around the fence. Mr. Harlicker <br />stated that the entire site is surrounding by woods. <br /> <br />Commissioner Mesich asked if tree preservation measures would be required. Mr. Harlicker <br />stated that the applicant is working with the County Forester, Tim Edgeton. <br /> <br />Chair Pederson opened the public hearing. <br /> <br />Jared Anderson, representing Loucks Associates, stated that they are aware of the oak <br />wilt problems in this area and that they are working with Mr. Harlicker and Mr. Edgeton to <br />minimized the amount of tree-cutting as much as possible. He explained that the access will <br />be a straight connection, running at angle to the tower site, so that it can't been seen off-site. <br />Mr. Anderson stated that they would be willing to stake the area so that the area outside of it <br />will not be disturbed. <br /> <br />. <br />