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1 VAR 4151 Hwy. 7CITYOF CHAN SEN 690 City Center D~ive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General ]:ax 612.937. 5739 Engineering Fax 612.937.9152 Public SafeO, Fax' 612.934.2524 Web www. ci. chanhassen, mn.m MEMORANDUM TO: Planning Commission FROM: Scott A. Botcher, City Manager DATE: October 7, 1999 SUB J: US West Wireless Monopole Tower Request I have discussed this at length with Roger Knutson, staff, and other legal counsel with whom I have worked on similar issues. I will not belabor you with a big long discussion on the Telecommunications Act of 1996; however, it is difficult to consider these issues without recognizing its existence. As most of you are probably aware, the Telecommunications Act of 1996 preempts much of the unilateral authority previously held by local units of government as it relates to siting of telecommunications facilities within municipalities. The City of Chanhassen previously granted permission to carriers for 2 communications towers in a residentially zoned neighborhood. This act, in and of itself, separate and apart from this request (in my opinion), largely eliminates the ability of the City of Chanhassen to deny this request once it reaches its ultimate conclusion. The Telecommunications Act of 1996 prohibits discrimination between what is termed "functionally equivalent technologies." In this case, the technologies are functionally equivalent and a conditional use permit has previously been granted to place a communications facility within a residentially zoned neighborhood. That notwithstanding, this city still has the right, and perhaps the obligation as communicated to me by the city attorney, to require these individuals to seek an appropriate variance as a variance is required for this facility. I am of the opinion that the variance request is largely procedural; our ability to deny the variance is probably next to nothing, but the applicant still needs to go through the process allowing for adequate public input. Should you have any questions, please feel free to contact me and Roger and I stand willing to discuss this issue with the council on Monday night. Thank you. · g:\user\scottb\us west tower.doc The Ci0, qf Chanhassen. A growin£ community with clean lakes, cuality schools, a charmin~ downtown, thrivin~ businesses, and beautiful varks. A ~reat vlace to live, work, and tdav. CITY OF P.C. DATE: 10-20-99 C.C. DATE: 1 I-8-99 CASE: 99-17 VAR BY: A1-Jaff STAFF REPORT Z' 0.., <l:' PROPOSAL: LOCATION: APPLICANT: A variance to allow a free standing monopole tower to be located on a church site between the main structure and public right-of-way to construct a 102 foot tall monopole tower wireless communication facility for U S West Wireless. 4151 Highway 7, Excelsior, MN 55331 US West Wireless L.L.C 426 N Fairview Ave. Room 101 St. Paul, MN 55104 (651)642-6291 David Fisher Holy Cross Lutheran Church 4151 Highway 7 Excelsior, MN 55331 (612)474-9242 PRESENT ZONING: RSF, Residential Single Family District ACREAGE: Approximately 7 Acres ADJACENT ZONING AND LAND USE: N - Highway 7 S - RSF, Residential Single Family District E - RSF, Residential Single Family District W - RSF, Residential Single Family District WATER AND SEWER: Available to the site PHYSICAL CHARACTER: The site contains a church. Mature trees are located along the south and northwest portion of the site. 2000 LAND USE: Public - Semi-Public U S West Wireless October 20, 1999 Page 2 BACKGROUND This application appeared before the Planning Commission on September 1, 1999. The application was reviewed and the commission unanimously recommended denial of Conditional Use Permit #99-3 to allow the construction of a 100 foot tall monopole tower wireless communication facility for US West Wireless based upon the following: The zoning ordinance requires antennas on church sites to be camouflaged as an architectural feature such as steeples or bell towers. The applicant was made aware that they needed to apply for a variance in order for the City to review the application. The applicant chose to proceed without a variance application and the Planning Commission denied the application based upon the fact that the proposal does not meet ordinance requirements. The applicant submitted a variance application for the city to consider. Staff's review of the conditional use permit will be modified to reflect the inclusion of the variance when the application appears before the City Council. PROPOSAL/SUMMARY The applicant is requesting a variance for the construction ora 102 foot monopole communication tower. The tower is proposed to be situated south of Holy Cross Lutheran Church and east of Highway 7. A total of six directional antennas will be mounted in a triangular configuration at the top of the tower. The antennas are 4 feet long, 7.5 inches wide, and 2.5 inches deep. All antennas on this tower are encased in a tube located at the top of the tower. Two equipment cabinets measuring 2.6' x 2.6' x 5' each are located and enclosed near the base of the tower. The subject site is zoned residential. Section 20-1506 of the zoning ordinance states that "Towers to be located in residential zoned areas are subject to the following restrictions: Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: Church sites, when camouflaged as an architectural feature such as steeples or bell towers;" The applicant stated in an attached letter that in order to meet the U S West's RF objective, a minimum height of 102 feet is required. The church building is a low profile structure compared to traditional churches with tall steeples. The applicant explains that the steeple would have to be 75 feet tall in order to reach the required height. It is staff's opinion that such a steeple would be disproportionate to the building. Staff has been working with the applicant for several months trying to find alternative sites. It appears that none of these sites meet U S West's RF objectives. The most convenient location would have been on the water tower in Shorewood, next to Minnewashta Elementary School. This water tower already has an antenna on it and U S West could co-locate on it without having to build their own free standing tower. The site is outside U S West's search area. U S West Wireless October 20, 1999 Page 3 The second issue deals with the location of the tower. We envisioned the tower to be located between the church building and Highway 7. This location would have provided the least visual impact on the residential neighborhood. However, the grades on the site drop west of the church. Also, the ordinance prohibits locating towers between a main structure and public right-of-way. Even though moving the tower between the main structure and Hwy. 7 will require another variance, it is staff's opinion that this location is least obtrusive to the surrounding neighborhood. The tower should be moved 150 feet to the north of the proposed location (west of the church structure). Moving the tower will result in an elevation drop and thus increasing the height of the tower by an additional 5 feet (total height of 107 feet). From the submitted plans it does not appear that the applicant is removing any existing vegetation. To ensure this, staff recommends that protective fencing be installed at the edge of the trees prior to construction and maintained throughout the development of the tower. Landscaping will not be able to hide the pole, but could direct the eye away from the tower. A mix of deciduous and evergreen trees and shrubs should be used to create an attractive buffer and blend into the existing tree line when viewed from the residential area. Staff recommends that the plantings vary in size, species and locations. The landscape plan should not be composed of the same species of plants located in a linear pattern around the tower. Access to the tower is provided via existing driveways. Staff is recommending the application be approved with conditions. BACKGROUND On November 12, 1996, the City Council approved an ordinance to allow telecommunication towers within the city in all districts. VARIANCE The applicant is requesting a variance for the construction ora free standing 102 foot monopole tower for wireless communication services. The City's Zoning Ordinance allows telecommunication towers and antennas in Residential Districts provided they are on a church site, park or government, school, utility and institutional site. However, the ordinance requires antennas on church sites to be camouflaged as an architectural feature such as steeldes or bell towers;" and subject to the approval ora conditional use permit by the City Council and in this case, a variance to allow a free standing tower that is not camouflages as an architectural feature on a church site. In locating a telecommunication antenna, the applicant must demonstrate that the antenna cannot be accommodated on an existing or approved tower or building within a one half mile search radius. The applicant is requesting approval to erect a monopole tower because there are no U S West Wireless October 20, 1999 Page 4 existing structures of adequate height in this portion of the City. City Code requires new antenna support structures to be designed to accommodate additional users. Providing opportunities for co-location is important if the total number of towers in the city are to be kept to a minimum. The maximum height of an antenna in the Residential District is 80 feet. However, the ordinance also states that multi-use towers design to accommodate more than one user may exceed the height limitations by up to 25 feet. The applicant stated in the narrative that they are designing the tower in a manner that would allow co-location. To ensure the possibility of co-location in the future, the applicant must submit a letter of intent committing the tower 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, and so long as there is no negative structural impact upon the tower and there is no disruption to the service provide. The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type ofantmmas that is can accommodate should also be provided. Accessory structures located with the tower include two equipment cabinets measuring 2.6' x 2.6' x 5' each are located and enclosed near the base of the tower. To reduce the visual impacts of the tower on properties farther from the site, the tower will have a galvanized finish, and will contain no artificial lighting or signage. FINDING In reviewing variances, the Planning Commission shall not recommend and the City Council shall not grant a variance unless they find the following facts: ao That the literal enforcement of this chapter would cause undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: This is the only church site within 500 feet that can accommodate this tower. All surrounding properties are developed single family parcels which prohibit towers. bo The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. U S West Wireless October 20, 1999 Page 5 Finding: The conditions upon which the variance is based are not applicable to other properties with the same zoning district. Commercial antennas are permitted in residential districts on church sites as an architectural feature, on utility buildings, or in parks. This is the only church site within the search area. Co The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The purpose of the variation is to allow U S West to build a communication tower to provide a service. It would be to the applicant's advantage from a financial standpoint to co-locate on an existing tower and not build a new structure. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not a self-created hardship. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: A 102 foot high tower at this location should not be injurious to the use and enjoyment of surrounding property or substantially diminish property values, as the proposed tower is over 400 feet from the residential neighborhood to the east and at least 102 feet from the property to the south. There is a thick canopy coverage that runs along the south portion of the site which is a natural buffer for these homes. Further, the proposed tower should not endanger the public health or safety if the conditions attached to the permit and building code requirements are adhered to. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increases the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair light and air to adjacent property. Granting the variance will not increase congestion of public streets or endanger public safety. Staff is recommending approval of the variance based upon the findings. U S West Wireless October 20, 1999 Page 6 PARKING/INTERIOR CIRCULATION Parking lot circulation is straight forward. The existing parking will be used. No additional parking is proposed and non are required by ordinance. ACCESS The existing driveway will be used to access the tower and equipment. LANDSCAPING AND TREE PRESERVATION From the submitted plans it does not appear that the applicant is removing any existing vegetation. To insure this, staff recommends that protective fencing be installed at the edge of the trees prior to construction and maintained throughout the development of the tower. Landscaping will not be able to hide the pole, but could direct the eye away from the tower. A mix of deciduous and evergreen trees and shrubs should be used to create an attractive buffer and blend into the existing tree line when viewed from the residential area. Staff recommends that the plantings vary in size, species and locations. The landscape plan should not be a monoculture of plants located in a linear pattern around the tower. LIGHT1NG Lighting is not shown on the site plan. 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. SIGNAGE The applicant has not shown any signage plans. 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. GRADING/DRAINAGE Minimum grading is proposed consisting of clearing some brush to locate the tower and accessory equipment. The grading is insignificant. U S West Wireless October 20, 1999 Page 7 COMPLIANCE TABLE - RSF DISTRICT Ordinance Proposed Tower Height 125 feet 102 feet* Tower Setback N-10T E-102' S-10T W-102' N-400' E-400' S- 102' W-420' * Should the tower be moved 150 feet to the north of the proposed location (west of the church structure), it will result in an elevation drop and thus increasing the height of the tower by an additional 5 feet (total height of 107 feet). STAFF RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of variance #99-17 to allow a free standing monopole tower to be located on a church site between the main structure and public right-of-way, to construct a monopole tower wireless communication facility for U S West Wireless with the following conditions: 1. The applicant shall submit a detailed landscape plan. 2. The applicant shall enter into a site plan and conditional use permit agreement and submit financial guarantees to guarantee the improvements. 3. The tower shall comply requirements in ARTICLE XXX. TOWERS AND ANTENNAS of the Zoning Ordinance. 4. The tower shall have a galvanized finish. 5. There shall be no artificial lighting or signage. o The applicant shall submit documentation at the time of building permit application showing the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas. A description of the tower's capacity, including the number and type of antennas that can be accommodated should also be provided. 7. The applicant shall install protective fencing at the edge of the trees prior to construction and shall maintain the fence throughout the development of the tower. U S West Wireless October 20, 1999 Page 8 o The applicant shall use a mix of deciduous and evergreen trees and shrubs to create an attractive buffer and blend into the existing tree line when viewed from the residential area. The plantings shall vary in size, species and locations. The tower shall be moved 150 feet to the north of the proposed location (west of the church structure). Moving the tower will result in an elevation drop and thus increasing the height of the tower by an additional 5 feet (total height of 107 feet)." ATTACHMENTS 1. Letter from applicant dated October 7, 1999 2. Application 3. Public hearing notice 4. Letter fi'om Pete and Mary Keller dated October 9, 1999 5. Letter from applicant dated July 28, 1999. 6. Application. 7. Memo from Steve Torell, Building Official dated August 19, 1999. 8. Public hearing notice. 9. Computer simulated views from surrounding area 10. Site Plan dated received July 30, 1999. 11. Planning Commission minutes dated September l, 1999. 12. Letter from Gregory Hahn dated August 31, 1999. g:\plan\sa\us west variance.doc OCT. 11. 1999 4: 10PH U $ WEST Wlreleee, [:,LC, 426 North Fairvlew, Room 101 St, Paul, MN 56~04 US NEST NIRELESS STP October 7, 1999 City of Chanhanen Planning Commissi6n Staff' 690 City Center Drive, P,O, Box 14'7 ~sen, M1%1' 55'317 H0.733 Ii~be~rhe~@ Application for a Conditional Use Permit 'and Variance for US,West Wircl~ls L.L.C. to construct a 102' monopole located ~at the Holy Cross Lutheran church to provide Personal Communication Services to the Chanhassen Com~tunity. Dear Sharmln, US West Wireless L.L.C. requests to table action or~ the Conditional Use Permit schedule*d October II, 1999. US West will submit a variance application to be reviewed on October 20, 1999 by the Planning Commission and November 8, 199~ by the City Council, when both the CUP and the Variance application will bc heard concurrently, j I have provided the criteria and findings for US West's variance request according to the zoning ordinance section 20.58 General cond:itions for i~anting a variatlcc. Criteria #1: i That~ the literal enforcement of this chapter would ca.ge undue hardship, "Undue hardship" means the proper~)y cannot be put to use because of its size, physical surroundings, shape or topography. Reasonable use ink, lures n use made by a majority of comparable property within five (500) feet of it. The Iht.eat of this pro'vision is not to allow a proliferathm of varianceS, but to recognize that in developed neighborhoods pr(~ existing standard exist. Variances that blend with these pre existing standards without departing downward from them meet this criteria. Finding #1 Based on Seetiop 2:0~1506 of the Chanhassen Zoning code listed below: "Towers in rmide]ttially zoned districts". Towers are to be located in residentially zoned areas are subject to the following restrictions: 02 Tower] supporting commercial antennas and confominE to all applicable provisions of this Code shall be allowed in residcnltial zoned districts in the following digrlcts: a. Church sites, when camouflaged as an architectural feature such as steeples or bell towers; b. Park sites, when compatible with the nature oftbelmrlG and c. Government, :school, utility and institutional uses. US West is applyhl8 for two variances to Section 20-1506. 02 (a) listed above to allow US West Wireless L.L.C, to Construct It 102' monopoI¢ structure for a'wirelcss commlmicatinns facility to be located between the fight of way and the Holy Crosi~; Lutheran Church, US West pursued ad~acent properties within our search ring, but the church best meets US West's RF design requJrealents as well as the setback requirements in Chanhasscn's zonin8 code. US West is rcqucstinS for a varlanc~ from this provision to allow for a 102' (overall height) monopole to bc located at the Holy Cross ILutheran Church (41~1 Hishway 7 ). US West is also requesting a variance to allow for the /~on~Q~olemto be loc, areal between the Right of Way and th~ Holy Cross Lutheran Church. US West feels that them is Itl ~l~lub~ardshii~", This is an."undue hardship" for US West Wireless L.L,C., because it'would not be feasible to construct a steeple or bell tower on the church approximately 75' tall in order to meet US West's~t~ objective. US West's RF design re~tuires a minimum height requirement of 102' overall height. US West Wireless L.L.C. has selected the location behind the church, which is between the chtttch and thc right of way. US West selected this location, because it would have the least impact on the neighbors located furthest away from the surrounding residents. Criteria # 2 That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the Isame zoning classification. Finding # 2 This parcel is approximately eight and a half ac, res and does provide the largest parcel in the indicated search area. The parcel is atypica"t from that of other parcels in the la, esidential District in relation to its size and use, and more closely conforms to the uses defined in Section 20,1~06. The size and use of the parcel were guidin§ prerequisites for the selection oftl~e parcel. The size allows for the tower to be well set away from all adjacent properties, which allows for the impact to the surrounding area to be at a minimum. US West identified several other location within the search area, but they did not meet either all of the RF objectives, or Chanh~sscn's zoning requirements. US West is applying for a variance to the code to allow for a monopole structure e~t thc Holy Cross Lutheran Church. US West's RF engineer also disqualified the Shorewood any of US West's P,.[: objectives for this search ring. It is located too close to US West*s next site North located on the Tonka Bay_Wa_e!!..T0~er,. US West also performed a drive test at tile Chanlmssen Fire Department. Due to US West*i P,F 0bjcctive, the fire deparlmcnt was located too far cast ~nd would not comply within the setbacks within the zoning code, A~;er receiv~'~i'eg~ti~e'r~illt~-fo~ the drive teal, US west RF design engineer asked Rea~'~st~{te to identify a site ft~er west to achieve all of US West's RF objective, US West also pursued the possibility of the Park located just not, Ih of the Lake Minnewashta, but US West disqualified the park site due to the fact that it would b~in direct obstruction of the view of Lake Minnewashm to the residents surrounding the park. The US West engineer also disqualified the park due to the elevation of the site. US West identified the Holy Cross Lutheran Church which b~St' Sl~its both the I~F design requirements and the ~ctbacks of Char~hassen's zoning code, US West feels that the Holy Cross Lutheran Church is the most suitable location to mee~ all of US West's P,.F Requirements and the setbacks outlined in the Chanhasscn zoning code. Criteria # 3 That ,the purpose of the Yarlation is not based aport a desire to increase the value or income potential of thc parl~el of the land. Finding # 3 The purpose of this variation is not based on a desire to increase the value or potential of the parcel of land, but for US We,,~t Wireless to provide Wireless Communications to the Chanhassen Community. Criteria # 4 That the alleged difficulty or hardship is not a self-created hardship. Finding # 4 There arc no su'uctures within the search arcs in which US West can collocate, so US West is pursuing a ground build opportunity. According to US West's RF design requircment~ and ChaIth0zsen's Zoning Code, the Holy Cross Lutheran Church makes the most selise, because it is the largest parcel in our search ring, which allows US West to meet the setback requirements. Secondly, this location best meets our I~ design requirements. The restrictive zoning and the lack of flexibility due to the RF design objective, makes it difficult for US West to move to other locations, LIS West is pursuin§ the Holy Cross Lutheran Church, because it best meets the criteria of US West's RF design a~d Chanhassen's zoning requirements, Criteria # $ That the granting of the variance will not be determined to thc public welfare or injurious to other land or impr0¥ements in the neighborhood in which the parcel of land is located. Min286- Variance Narrative 10-7-99 2 OCT. Ll.1999 4:~LPM US NEST N~RELESS STP MO.?SS P.477 Finding # 5 US West's proposed ~iite will comply within all FCC & FAA regulations. All equipment is self contained with the Base Transceiver Station (BTS) and will not create noise, smoke, fumes, glare or odors, There is no evidence that PCS transmissions an,' harmful to the health or safety of persons'living or working nearby the site. ]Sngilleexs have calculated that the worst case scenario to actually be eight times below the limit set by the American National Standards Institute (ANSI). The Federal Communications Commission (FCC) has adopted the standards set by the ANSI. Accordhal~ to the FCC, measurements that have been made around typical PCS Base Stations have shown that ground level power densities are well below the limits recommended by the currently accepted radio frequency and microwave safety standards. Criteria # 6 That the proposed variation will not impair an adequate supply of light and air to adjacent property or substal~tially increase the congestion of the public streets or increase the danger of fire~ or endanger the public safety or substautially diminish or impair property values within the neighborhood. l~inding #6 There h no evidence that PCS ~ransmissions are harmful m the health or safety of persons living or working nearby the site. US West' Wireless L,L.C.'s equipment will be housed in two very small weather proof cabinets, which are temperature controlled. Ifa fire were to occur~ there would be a signal sent to th~ Main Switch, which then would report to the local fir~ department. This site is located on private property and would not increase the congestion to the public streets, There is no evidence that Wireless Communication Towers impair the property values within neighborhoods. David W, Fischer US West Wireless L,'L.C. Real Estate Consul~lt Min286- Variance NarmIIve 10-7-99 3 0CT,11.1999 4:llPM US WEST WIRELESS STP M0.733 P.S×? 14:35:23 GIZ-537-5739-> 512 G42 6542 PA~e 8B3 PREGENT ~ND O~E E:~IGNATION, ~ . . . t~ This appll~ti~ md,t ~,e~ted In full I~ b~ ~Wrl~en er de~d~ printed and mu~t be a~mpanl~ bY ~11 I~rmatlon mhd pllMt ~Ulad b~ IP~li~blt Cl~ O~lnm~ pfovlslonl, B~m fling this mppl~UO~, you should mn~r ~[h the Planning Depa~t ~ deC.lee'the I~Olflo oMInan~ and ~dural mqulmmantl eppll~ble ~ your appll~tlon. notl~ of eppll~tlon de~nelam shall be mailed ~ ~e applicant within ten business days of aPp11~tlon, all C~ ~ul~n~ W]~ ~Jg~ ~ ~1. r~ueaL T~la eppll~UOn ihDuld ~ p~llld In my name end I am the pl~ the Ol~ lhould_~q~Ot~lllMlng any ma~e pa~lnlflg ~ thl. epplf=tlofl. I ~ave e~ohe~ e ~ of p~f of oW~lmhlp (el~er ~py of Owners Oupll~a Cafllfl~te of ~{11, Aba~a~ of T~e or pumhame agreamenO, or l am ~e euthofl=ed lo ma~ ~le appliques ahd the ~e owner hoe alee signed ~[. appll~llon, I will keep myself tAb~d of Ihs eeadllna~ for .ubm]~.lon of material and the pmgmlt of ~1~ .ppllallon, I ~her undamm~ ~at ed~l~al ~as may ~e chn~ed ~ ~nlui~ng ~, ~aalblll~ studl$1, o~, wl~ .~ es~m~ p~or ~ any The city hereby notlflel thll epplloar~t that development review e~nnot be completed wlb~ln e0 dtyl duo I~ public hearing requirements and egenb"y i~vlew. Therefore, Ihs city la r~otllYlng the eppllrant that Ihs city requires an .utomatlo 60 day ex'~ne[on foe develpl~ehl: eevlew. Development review shill be completed wlthltl 120 days unless additional review axtio~lonl Ire appeals by the applicant. ~lgn&ture ot' Appl~L~t'( --- '" ' .' -' ' 'D~t~, - Signature of Fei'owner Date Appll~tlon Received o~.;. _ Fee Pald ..... __ Receipt No.. The .ppll~n~ ehOLdd Craft'.ICl Me~ ePe COpy of the elaff fepoL't whbh will bs 'v*llAble on F~lde¥ prior to the meeting. If nat Gontactsd, a copy i~f the report will bi mailed to the mppll©lt~'p ,lddrell. 0CT.11.1999 ~8/87/99 14:35:BG 4:llPM US WEST WIRELESS STP 61Z-937-5739-> 612 642 NO.73B P.677 Page 882 CITY tie CHANHABIEN aml) COULTER DRIVI CHANHAItBN, MN IS$17 (st~) m~7~eOo DEVEI, OPMENT REVIEW APPLIC~ATION TELEPHONE (Day lime) ._~' 5'"/'-_ .~, ~ .':.~' ~.'~/._ Pi, mn ' _~ OondltJonal Umm Permit ~ Interim Ua~ Perfldt _._ Non.confer:re}rig UIm Permit · Pb~nri;d '" ._.. Ur~ltOe~'o:popmant" ...___ R~zc~nlng Sign Permit4 Sign Plln Review ___ att; pi.nR.vrtw* ~ eubdlvlllan' ~. T~m~m~ 8imam Permit __ Vacation of ROW/gmmtmt~m ~ Vedenoe _.. weil~ Ai~r~tron ~or~t _ Zonlng~p~l .__ Zonlng Ol~llrllnOe Amendment __.' Notification Sign ~L. EBerow f~r F~lin; Fa®e/Attorney C~t" (t50 CUP/BP RNACNARNVAP/MItII end Bouflda, ~OO MIn~ SUB) TOTAL FEE S. ~ " A Ilel of ell pmpl~ o~em ~lhln gOO feat of the beundedel application, Building ma~fla~ {~emplet mutt be mubm[Bed with ~lte plan · ~en~4lX full el:~e ~ eop~e of the plane mu~t be eubml~ed~ teaneplmn~y'for, el~ plan ~ E~mw ~11 bi elqulmd let o~ar applloltlenl through the development NOTE. When multiple apl~lCcatlena are ptooesued, the eppmprlete fee I~all be ohe~ged for eaoh application. U $ WEST Wlrelo=s, I-,L,C,~ 426 Notl~ Pairvlew, Room 101 St. Paul, MN 65104 October 7, 1999 City of Chanhass~m Pla~ming Commissica Staff' 690 City Center Driv=, P,O, Box 147 Chanhassen, MN $5517 RE: Application folr a Conditional Use Permit 'and Variance for US West Wireless L.L.C. to eonstruct a 102' mouopole located stt the Holy Cross Lutheran church to provide Personal Commupication Services to the Chnnhnssen Community. Dear Sharmin, US West Wireless [~.L.C. requests to table action on thc Conditional Usc Permit scheduled October 11, 19~9. US West will submit a variance application to be r~viewod on October 2~), 1999 by the Planning Commission and November 8, 1999 by the City Council, when both the CUP md the Variance application will b= hcarg concurrently. David W. Fischer l~al Estate Consult~mt USA I~q~i~i/mdance Request 1~?-99 OCT. 7. 1999 4:~4PM US ~EST ~[R~SS STP 612 642 6942 IIO OOULTIll DII H0.677 DEV~kOPMENT REVIEW APpu~,~IlON · .._.. Coi~p;ihOntlvl Plln AmandmeN ._. Temlx)l'a~ 81~I Parmil __ Interim ,__ I~Iga Pirrrd~- __. $1~ Pia~ Revl~ NOTE · 8Re Plan RIvI~' (l, S0 OUP/SPR/VACN~APl Building m&tedal m~mi~em muet be.ulN~dtted wfth Iltl I~ln mvliWl, · Twent~41g lull 11=4, I ooplel ef thitpllag muir I~ eubmllhid, ln~lud~g In el~" X 1t" reduced ooj~ of tmn~p~mn0]rfo~.elr, h AlaA eh~ OCT. ?.1999 4:24PM US WEST WIRELESS STP ~,u.o,, l(]l~t/u~J 1.,,:35:Z3 G12-B37-$~39-> 812 642 G94,?. ~ b~ ~l~b~ ~ O~Mnm pmviel~e. ~ ~1~ ~e ~~, you e~ ~n~r ~m me Plannl~ ippfl~ de~k~nolil ~ ~ ~ ~ ~ Ippll~nt ~n ~n ~e ~yo of .ppll~, ~ ~KhNI ~ ~ N ~ ~ =fllV~ ~. ~1~ ~8, 8~. ~ eh OK~ p~of ~ uny ~ pm~Id ~h ~ study, ~e d~m~ and Inb~on I ~ve e~ml~ em ~by no~flll ~, m~nt ~mt d~va~nt ~v~w ~t ~ ~l~ wl~n ~ end ag~ ~)~. TheiSm, l~ ~ la ~U~lng ~ lppll~flt ~ ~ ~ ~qulml an au~ido 6B day ~~t m~lw tiff ~ ~d WI~n 120 ~yl The ipplJolnt Ih~)uid Goflti~r~ iteff f~ l ropy of the etaff nipaft whlah wffl be iv&llible mt Friday pffor to the meeting, If not eontaoted, i ~py M 1~t rei)olt will bl mMIKI to the Ippllr41~ ,tlldd~ll, ?.1999 4:~SPM LLS ~EST ~IRELE5$ STP HO.6??, P.5x5 U S W-r_ST WIrel~,~s, I. LC. 42~ Noffh Fairvlaw, Reom 101 $~. PaW, MN ESl~ October 7, 1999 City of ChanhM~en Pinning Commission SULfl' ~0 (:it), Cenu:r D~iv~, P.O. Box Chan~ass~% ~ ~5317 I11~'~ bet;er her~' · R]~: Application r,~r n ConditJoul Use Permit and Variance ~or US. West Wireless L.L.C, to construct a 102' monopole located at tho Holy Cross Lutheran church to provide Personal Communication Services fo the Chanhasseu Community. , David W, Fischer Peal Estate Consul~nt O~UGC:a~O 1 S 1999 Clt'Y ~:,.,~-d~a~rlASSEN NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 20, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for a Variance for a 100' Monopole Tower APPLICANT: LOCATION: U. S. West Wireless 4151 Hwy. 7 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, U.S. West Wireless, in conjunction with Holy Cross Lutheran Church, are requesting a variance to construct a 100 foot tall monopole tower wireless communication facility on property zoned RSF, Residential Single Family and located at 4151 Highway 7. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. 'If you wish to talk to someone about this project, please contact Sharmin at 937-1900 ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. @taft will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on October 14, 1999. lilgs Road W,~I rs~wz n~"~ I-WZ 0 w ~Z0 Wa--. mn~ mx0 ~"'Z >. - 0 rnZZ - n~m 0~ 0~0 ZO <Z >.Z rrrr~ '~O_j o ZO~ >, w zw0 w n~ ~s~ 't' 0 ..~' O_ w w LI.I ~° X IJJ z~~ Z o~ 0 wz 0 X ~ W W W W ~ -- -- Wo 0 0 0 0 ~ z~ ~ ~ wO 0 -z wo~ ~ ~ ~ W~z ~0 0 z ~ z ~ z~z - ~z ~ z ~ z zZ~ ~z~ w ~ mx ~ 0 ~0 w~ u=~ <~ ~ w~ w~ ~_ 0~ ~- -- ¢~ _o~<O~ ~o~ ~o~ ~o~ ~ ~ ~o~ ~o~O~ o~x M~ ~gx w~x ~m~ ~x ~x z ~ ZWjrr >- ~ Z w rr ~ "' X 0 X r.h LU 0 x z~ On-U> Z '-rD __.~o -J X LU ,,~- W ill nz >-0~ nO _ w ~o~ IJ.I :SILo E~z >-oo Zu.l -rnz ~0 cC v Z o~ x N m.l.I w~ · -r u~ -rZZ wqO Itl X w~ Ozz ~-m wZZ w.J0 ~..~w 0 x -- X CCw~ w~ ~w~ ~ --q, o n- w o <o~ -tO0 n z~l~ ~0~ -1.-00 · -'~ a.- I~.. ZO wW LU 0 X LIJ Z z ww~ Ww~ ~Z~ ~Z~ ~ ~5~ ~5 ~ z~~ ' o ~ ~ [ --w~ ~EO < X ~~ O~°X '~z m__.O 1.1.1 ~nz Ill ~z nr~z ZO~ ~0 . nL~O o_~,x n Z ~ × Po%er J. Kel let 612 4?0 ~951 P. 02 ( 6]_2~ ) .zl-70~395i OctoUer 9. 1999 City Council and Planning Commission City Of C:ianhassen E, 90 city center /Drive d;hanhassen, MN 55317 14V Fellow Residents. US West Wireiess and P!(.'iv Cross Lutheran churc'.,2 have applled for a variance from section 20-!506 ~rO!!l tile city 2ode. The variance is ]~eeded by US West Wireless to erect a iC0 footme,..aL' ~ ~ tower ...... ~q~ the pro'pet"iv ow]~ed bv Holy Cross Lutheran Chnrc. n. T'he property z5 zoned RSF. ~e,.,tJ~.l ..... 1 sinc~te . and d.~ !and ','' is ~,h~'e-Selrt!- PIt'D]lC. ; am ~ nei~ilb'-,'~ '-'~ ~-~,~ ....... : .... ~roperty to the east. 7lie o.~:'ig:inai a'o~}].ica~Jon of July 21 was recommended by ?]annJuc: Staff to be del'ned end at the Seutember i meet. inq of the Commlssioi:. and i~ was denied. The variance application was received October 7 end is schecluled for your bodies on Ostoner 2:3 ~iid November 8 respectively. .:.:ecl'ion 20...1506 deals with towers Jn resident, tally zoned districts. Pa:st two of tha'[ section, subeart a. says If the-v meet ali other criteria they are al].owec~ in "Church ,.t:ites. wheii caiuou~{!acjed as an a]:cl!lllecrtlra~ feature si.icl] as steeples or bell towers.:' T~lis oral. insilco is written because these free standing towers are exceDtlollaklv n1'~attrec~'pze to ioo;t et end are net all compatlb!e w~th resident'iai propert'f. !macane a J. 00 foot -call metal tower ~n ~uAi v~ew on yo~lr ne~ghbc.,rs pro'~3erty. Section 20--58 of bur Ci~_v Code covers general condi~k,l:s ]~c~r gran~inc, a var~a~ce. It states that a variance may he granted only }.{ ali s~}: criteria are met. The f:rsY, second and s~xth cr~terla really do llot a'pp!v '~c,.. 'Itl:is a'o'oJ.~cat'ion ~;.,.~' would be lRet. The ti, ...... ~ ~..-q .._.-rl*~:., ~'"'1 ..c. .~."i' -'* :~x...,.~.e .... "2']'iet the nurb,-se. ....... of tile variance ,= not Dased t..A.,,,-,,, a desire to jncFease Jibe value or income potential of the 'parcel of land." Att'~,,?i'~ci t2 this letter i;: ,, copy of a !ette.r front Pastor Robert D, Jol'mson ,:,f ~rolv cross Lutheran Church. ;4any copies of the let. r. er were left c, tiv to be picked u~. by anyone attending the opeu house US Wes'~ Wn:et,es,, and Hdv Cross Lutheran Chnrch put on at the church c,:~ Auqust 25. The leTteE very clearly ~ndlca~es that the OlikV reesoli tllis variance ~s needed ;.s ,~ desire to ~ncrease rl%e u%come eoT. e~ztial of r.t]e parcel of land. The concept of a variance for a commercial :ncome producn}{f secvR:e ~n a resident/al dJs~.r~ct needs ro be considered as ,Ne!l. II':~ '-i]lrd c'u~te'Cla is riot l'tiet sc, .e variance shol!l(J. )lot be qrai]Eed. Paqe i of ' Peter J. Kel let 612 4?0 3951 P.O~ The fourth criteria states "Tiler t!ie alieced difficui~v or hardsbi'o is not a self-created hardshin." The need for this tower has been entirely created bv US west Wireless, it ~s only US West Wireless that believes a need exists. The only l'wo other entit:ies that have sc, ne on record on the matter are Holy Cross Lutherai~ Church and it's neic!hboi:s. Throuc~h the attached !ether and 'oravious testimony at the Ptai'inin~ C. omntlssion on September 1. neither one believes a need for the service e?tists. The fourth criteria is not met so a variance should not be qr anted. The fifth criteria states "That the grairt, ing of the variance will not be detrimental to the public welfare or in~urious to other land or im~sroveiuents iri ~he neighborhood in which the parcel of land is located." 'l~here are many studies that conchlde that a tower like this is detrimental to netghborinq~ property values, i have even hearc~ a rumor of one study that concluded a tower tike this wi!l increase or not chanqe neicfhborinq prooertv values. Common .sense needs to 'prevail. The area where the towe~- is proposed is curr'ently wild crass and flowers backed un by 50 foot trees. Clearly. a !00 foot metal tower and the metal eqtupmenx boxes ail ih full. unscreened view of the ~%eighbors is not as desirable. Representatives from both US West Wireless and Holy Cross Lutheran Church have admitted and tha't i't might ha~:m propert:y values. The f~th criteria is not met so a variance should not be ct-anted, On behalf of manv neiqhbors who may not have the ability to drop their~ entire hfe and try to become knowled~enble on completely forei¢~n matt. ers l~ke this, I ask your help in kee.~ina our wonderful neighbor hood ~ust that. wonderful. Pieaae do not arant this variance for tfie many reasons stated above. I am a stay at home dad. and also operate a very limited Clay caue service for other children. Therefore. I am by nature a patient man and a [~r,:,blem solver whoe empathizes with lis West wireless's t~ercieved need. Should US West Wireless. in the future, demonstrate that thev need a tower for thezr commercial servtce, there are ample other sites well withiu the one mile radius of Holy Cross Lutheran Church that the Se,stember i Staff Report calls for-. Some of them include the fire station, the sewer lift station, Cathcart Park hockey rink !iqht towers and rite water rower at Minnewashta Elementary' School. Holy Cross Lut!~eran Church ~s nor the only site that could meet US West wireless KF objective, it is lust the site they misYaken!v thoucht be the easiest to acquire. The tower and antenna sections of the City Code encourage this type of structure away from residential areas and to ra'ther locate them on public or cominercial land. should a variance still be needed, it would then be in a non-residential area and have significantly less of a neqative ~mpact on ~hat site's surrounding neighborhood. it nucH~t be time t.o be a little more pro-active i~ helpinc US West W.'.lreiess reta)n a site on the smpie public land that .-Cs available. Thanks for ?'otlr tirae and consideration. From someone who has served on a city commiss~.on, I know the ~ob is long and often not thanked, so thai~k voti for your dedication to vour community. Please do not Page 2 of 3 Pe%er J. Kel I er 612 478 3951 P. 04 hesitate to contact me Jf I call be of any f~rther assist, alice with 'ti]is important matter, ' Sincerely, Peter Keller Attachment cc: Sharmin At-Jarl Page 3 of 3 Peter ~. Kel let Friends & Neighbors 0fHoly Cro~ Lutheran 4 ! 51 Hlihway//7 Excelsior, MN 55331 Dem' Friendz, As you come to the church tonight to have a meeting with representatives of US WEST, we would like to have you understand our position. Originally, US WEST came to us with a request to build a communications tower to improve cellular phone service for ail of us, We, the Church Council of Holy Cross, listened to their proposal and agreed to have them move ahead with examining the possibility of this proposal being done, a part of which is the public hearing you are attending, this evening. Advantages to H<~ly Cross congregation? Actually tller~js only one and that is the financial payment we will re4eiv~ fr~m US ~/es~ should th~ tower to l~tglt. Such finan~s would help us improve the property (Some of which we have already done by providing play ground equipment, refurbishing the Tamarack Leoming Facility, building a pIay/picnic area in the rear of the church (presently in progress), keeping the prb. perty mowed, and reconstructing the play ar~a immediately outside of the Tamarack Learning Center). At this point these repairs and the upgrading of the property have cost us in excess of $10,000, We wish to bo good neighbors to you,, and have tried, t0 reach out to you the community, making the property usable for all, members Holy Cross and co.mmunity members, who not members. US WEST desires to'provide us all bette~ cellular phone service. Technology, as we understand it, requires these towers to be placed somewhere. If you as neighbors are willing, we have the space to do that. If you believe that this tower, which will be explained to you tonight, is something you can't live with, then neither are we willing to have the tower built on the property of Holy Cross Lutheran Church. Pete Keller, one of our neighbors called me, PastorBob, to inquire about the possibility of our involvement In the Neighborhood Watch Program'YOU are beginning in the neighborhood. 'We have often called the Sheriff's Department regarding the irresponsible use of our property by snowmobilers, two wheelers, four wheelers, and even unauthorized cars,, driving on the property. We have had to put up snow fences near the Tamarack play area so that snowmobiles would not crash into the little ones attending the Tamarack School, while they were playing in the snow. We would assure you that in any way we can, we would join the Neighborhood Watch Program and help as we are able. I am good friends with one of the Captaintofthe Sheriff's Department for Carver County, and would be happy to work with tho neighborhood in making certain irresponsible use of the property does not happen. Please don't hesitate calling Pastor Bob at 474-9242 if you have thought about our involvement with the proposed Neighborhood Watch Program. U S WEST Wireless, L.L.C. 426 North Fairview. Room 101 St. Paul, MN 55104 July 28, 1999 Ms. Sharmin Al- Jaff City Planner City of Chanhassen ' 690 City Center Drive, PO Box 147 Chanhassen; MN 55317 Iffe'~ bet/er here' RE: Application for a Conditional Use Permit For Construction of a US West Wireless L.L.C. Personal Communication Services, ( PCS ) Monopole. Dear Sharmin: Please find enclosed a Planning Administrative Form, for application of a Conditional Use Permit to be considered an to construct a Wireless Communications Facility within the City of Chanhassen located at the 4151 Highway 7, Excelsior, MN 55331 (Holy Cross Lutheran Church). This request is being made on behalf of US West Wireless L.LC. (USVVW). US West Wireless L.L.C. must locate a site in this area in order for USWW to deliver complete service coverage along Highway 7 and to the community of Chanhassen. The Conditional Use Permit is requested in order to complete construction of a PCS infrastructure network being installed by USWW in the Minneapolis/St. Paul market. USWW conducted a drive test within the search ring to identify existing structures upon which to locate PCS antennas. There are no viable collocation opportunities available to meet the US West RF objective, so US West Wireless is proposing to construct a structure that will accommodate US West and one additional like carrier. I have provided an RF design map that illustrates our existing and future sites. US West's objective is to provide wireless coverage to the residential area near Holy Cross Lutheran Church and Highway 7. US West has an existing site located to the northeast on the Tonka Bay Water Tower and is planning to build a site in the near future located approximately three miles west of the Holy Cross Lutheran Church site.. Our objective is to connect with our site in Tonka Bay and provide coverage along highway 7 around the bend to connect with our future site to the west. USWW is requesting the City of Chanhassen to approve of a Conditional Use Permit in order to locate a 100' monopole on Holy Cross Lutheran Church property which is located on the south side of Highway 7. The property contains a site which has been chosen based on the following cfiteda: · consideration of applicable zoning and permit requirements; · a willing landlord; · absence of topographic obstructions such as towers, mountains, hills, buildings, etc.; · coverage and capacity requirements for the service area as identified by USWW RF Engineers. compatibility with' adjacent land uses; USA Min'2~- Chanhassen Zoning Narrative Proud Sponsor 36USC380 The specific proposal is to locate a 100' monopole on the Holy Cross Lutheran property as indicated on the site diagram. The proposed lease area encompasses an area of approximately 1200 square feet. Landscaping and safety features will be provided in accordance with the City of Chanhassen Zoning Ordinance. USWW will submit the appropriate applications to the Federal Communications Commission and Federal Aviation Administration for their respective approval. Several submittal materials are attached along with several exhibits describing, in detail, the Conditional Use Permit proposal. · Exhibit A contains site data and a narrative of the PCS tower proposal. · Exhibit B is a brief narrative which provides information about PCS Services. · Exhibit C is a photo simulation indicating the anticipated appearance of the tower and PCS antennas after construction. Please keep in mind, this photo is not to scale, but will give the City of Chanhassen an idea of the site will look like. · Exhibit D is the site plan. We hope this correspondence and enclosures explain our application and address the requirements by the City of Chanhassen Zoning Ordinance. Should you have any questions regarding the attached Application for Conditional Use Permit or would like to discussPCS technology further, please feel free to contact me at 651-642-6291 or on myPCS phone at: 612- 998-4784. I appreciate the assistance that we have received from you, and we Iookforward to working with you to better serve the community in this area. Thank you in advance for your consideration of this matter. David W. Fischer US West Wireless L.L.C. Real Estate Consultant Enclosure cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager Mtn286- Chanhassen Zoning Narrative 2 EXHIBIT A US West Wireless L.L.C. CUP Application Site Information: Applicant Contact Site Location Current Zoning US West Wireless L.L.C. David W. Fischer, USWW Consultant 4151 Highway 7, Excelsior, MN 55331 Single Family Residential Adjacent Zoning Direction North South West East Zone Single Family Residential Single Family Residential Single Family Residential Single Family Residential Case History The subject site consists of approximately 1200 square feet of land which is located on a portion of: LEGAL DESCRIPTION: Section 06, Township '116, Range 23 Pleasant Acres More specifically described as: Outlot ^ & P/O Lot 2, Block 5 Lying SELY of a line drawn parallel to a 60' NWLY from SELY line of Lot 2 BIk 5. -See Attached-Legal description. Min286- Chanhassen Zoning Narrative 3 IIntr°ducti°n I US West Wireless L.L.C. - Minneapolis is requesting a Conditional Use Permit in order to place a 100' monopole at Holy Cross Lutheran Church to provide wireless communication services to the residence surrounding Holy Cross Lutheran Church and Highway 7 located in the city of Chanhassen. The Conditional Use Permit is being requested as per the City of Chanhassen Zoning Ordinance: Subject Conditional Use Permits Findings The criteria required for the granting of Conditional Use Permits and determination of the Essential Service Facility are listed below with findings: Criteria #1 Factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances. Finding #1 USWW will comply with all applicable laws relating to its poSsession and use of the site. All equipment is self-contained within the Base Transceiver Station (BTS) ad will not create noise, smoke, fumes, glare or odors. One purpose of a Zoning Ordinance is to allow essential service for the public, including communication services. An antenna site in this general location is necessary to provide adequate PCS service to this area. Allowing an antenna to be located on this site, subject to reasonable conditions, is consistent with the purpose and intent of the Zoning Ordinance. As for health concerns, US West Wireless L.L.C.'s PCS transmissions will operate at very Iow power levels. There is no evidence that PCS transmissions are harmful to the health or safety of persons living or working nearby. Engineers have calculated that the worst case scenario to actually be eight times below the limit set by the American National Standards Institute (ANSI). The Federal Communications Commission (FCC) has adopted the standards set by the ANSI. According to the FCC, measurements that have been made around typical cellular base stations have shown that ground level power densities are well below the limits recommended by the currently accepted radio frequency and microwave safety standards. Criteria #2 Finding #2 Fire & Safety Hazards US West Wireless L.L.C.'s equipment will be housed in two very small weather proof, temperature controlled cabinets. If a fire were to occur, there would be a signal sent to the Main Switch, which then report the occurrence to the local fire Min286- Chanhassen Zoning Narrative 4 Criteria #3 Finding #3 Criteria #4 Finding #4 Criteria #5 Finding #5 Criteria #6 Finding #6 Criteria #7 Finding #7 Criteria #8 Finding # 8 department. Existing and anticipated traffic conditions. Adequate access can be obtained through the Holy Cross Lutheran Church property. The subject site will be provided with an access easement from Leslee Curve, per the attached zoning drawings providect. Traffic congestion or interference with traffic on the surrounding public Streets will be minimal because site visits will be infrequent once the antennas have been installed. Once the site is operational, the equipment will be maintained by a single maintenance person once or twice a month, therefore, there will be minimal interference with the normal traffic flow of the surrounding public streets. There is no evidence that the use as conditioned will be injurious to the uses or enjoyment of other property in the immediate vicinity, or would substantially diminish or impair property values within the area. USWW will be responsible for all maintenance issues that arise in connection with or as a result of the antenna site. Therefore unsightly conditions will not occur. Parking facilities on adjacent streets and land, There will be a parking facility located within the lease granted from the landowner. Our parking facility will not interfere with any adjacent streets or land. The effect on surrounding properties, including valuation, aesthetics and scenic view, land uses, character and integrity of the neighborhood. This is a residential area, but there are no existing structures in which to collocate. There is a substantial amount of tree cover to the houses located to the South. The site location is close to the highway to provide sufficient coverage to Highway 7 and provide indoor portable coverage to the houses in the surrounding area. Consistency with the Chanhassen Comprehensive Plan. The proposed site is consistent with the Chanhassen comprehensive plan. Impact on governmental facilities and services, including roads, sanitary sewer, water, police and fire. This site will not require sewer or water. The utilities required for this plan include telephone and power. Due to the infrequent visits to the site, sanitary sewer, water, police and fire shouldn't be impacted. Effect on sensitive environmental features, including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils. This site should not have an impact to the surrounding lakes, surface, underground water supply and quality, wetlands, slopes, flood plains and soils. Min286- Chanhassen Zoning Narrative 5 EXHIBIT B US West Wireless L.L.C (USWW) CUP Application and Information Typical Site Requirements · Electrical Requirements a) Single phase 200 AMP service. b) US WEST Wireless, LLC will bring in their own power from the nearest transformer. All service is metered through the local service provider and billed to USWEST directly. · Antenna Information a) Panel Size: 4' long x 7.5" wide, 2.5" deep b) Quantity: (Accelerator Tube containing 6 panel type antennas, 3 sectors, 2 per sector. c) Orientation: 00, 1200, 240o. (Azimuth) d) Tower Type monopole e) Tower Height 100' AGL Equipment Configuration / Space Requirements a) Two (2) cabinets located and enclosed near the base of the tower. b) · Telephone Cabinet size: · Equipment: · Power: · Overall space needed: 800 lb and 2'6" x 2'6" x 5' ' 2000 lb. And 2'6" x 2'6" x 5' 30 feet by 40 feet. (approx. 1200 sq. ft ) a) A T1 line will be brought from the nearest telephone exchange. Testing / Construction a) US WEST Wireless L.L.C. will pay for all structural, environmental, and radio frequency tests. b) US WEST Wireless L.L.C. will work with any contractors who may have warranted the site from previous construction work. PCS Technology PCS is a wireless telecommunications services personalized to the individual. There is a growing demand for improved wireless services, and a new infrastructure is needed to meet this growing demand. The following information is provided as an overview of general PCS services and technology. Background In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the 1900 MHz band of the radio spectrum within the 51 Major Trading Areas ~TAs) of the United States for use by Personal Communications Services. USVWV purchased licenses within these 51 MTAs. These licenses, enable US West Wireless to offer Personal Communications Services in 14 states throughout the country. What is PCS? Telephone numbers used in PCS handsets will become tied specifically to an individual, and the types and features of services that each subscriber desires will be customized to his or Min286- Chanhassen Zoning Narrative 6 her unique needs. A PCS telephone number will belong to a person for as long as he or she wants it, and the chosen services (for example stock quotes on selected companies, voice mail, and caller identification) will become specific to the individual holding that telephone number. PCS technology will allow a variety of telecommunication services, including: · Local and long distance telephone services and cable services; · All-in-one Wireless Communication Services: · Portable phones, pagers, and fax transmission; · Numeric paging on the phone's screen; · Interactive paging (2-way paging which allows the sender to track where the message is sent, and when it has been received.) · Voice mail service; · Caller ID; · International roaming capability; · Reduced power needs (allows smaller units and longer battery life); and · In the future, PCS will allow computer use and video images over the PCS network. Assigning a unique PCS telephone number to a customer will allow the individual to place a call and / or send information across regional, national, and international borders. The network will do all the work of tracking the customer, knowing where he or she is at all times. Benefits of PCS over Cellular PCS has several advantages over existing cellular telephone service, including better service quality through the use of digital technology, more compact radio equipment, increased mobility, enhanced service features, and price. Digital Technology: PCS utilizes the latest digital technology. This will facilitate cleaner voice quality, but more importantly, clean data communication. APCS customer will be able to communicate through voice and data simultaneously using the same handset without interference to either activity, In addition, computer users will be able to run applications and retrieve data faster from remote locations using their handset. PCS technology also provides less static and fading, and there are fewer dropped calls. Improved Security: Digital technology provides more security than analog, the technology traditionally used by the cellular industry. Calls in digital format cannot be overheard with the kind of simple scanners currently used to eavesdrop on cellular calls. Although it is technically possible to overhear a call, it requires special gear and technical skill which most eaves droppers lack. Improved Equipment: PCS will utilize smaller antennas and smaller base Transceiver Stations, more advanced telecommunication technology that will result in less expensive rates to the consumer. In addition, equipment will be more compact both at the handset and at the antenna sites. Handsets will be lighter than today's cellular flip phones, and the handsets will utilize longer lasting batteries. Because of the PCS' assigned radio spectrum, there will be more antennas, but they will likely be Min286- Chanhassen Zoning Narrative 7 less noticeable than those used by the cellular industry. US West Wireless L.L.C. has been working diligently to replace existing US West Telecommunication facilities, lease antenna sites on City water towers, and existing buildings prior to attempting to lease any sites for new ground built towers. Unfortunately in this location there are no viable collocation opportunities available that will achieve our RF objectives. Increased Mobility: With PCS, mobility means seamless roaming across existing cellular and land line service areas. A PCS handset can be taken anywhere and be expected to function the same as in the coverage area of the original service provider. One Telephone Number: With PCS, one Personal Communications Number (PCN) will be assigned to each individual user. Today, when a person changes their residence, the old land line telephone number is frequently lost because these numbers are assigned and based on geographic area. Cellular telephone numbers are also lost when carriers are switched because cellular service companies are provided a limited range of numbers, and the numbers have to be recycled or reused. A PCN associates a telephone number with a person, regardless of where he or she is located, and regardless of who is the Service provider. Lower Cost for Service: PCS will be cheaper in the long term because it will utilize digital technology. Initially, the cost for the service and handsets will be similar to that of cellular. However, with increased demand, both carriers and manufacturers will be able to lower their price significantly. Eventually PCS service will be less than cellular and will be close to the cost of land line telephone service. Increasing Demand Today, cellular telephone systems in the US are expanding at the rate of over 28,000 new subscriptions a day, far beyond the growth rate of new subscriptions for wire line telephone service. The popularity of cellular telephone service is due to the freedom, mobility, and enhanced productivity that it provides. No longer are people tied to fixed telephones or pay phones. Yet cellular telephone services is just one step toward another type of service, one expected to revolutionize telecommunications. The next rung on the evolutionary ladder is PCS. InterferenCe Issues US West Wireless L.L,C. will resolve technical interference problems with other equipment located at the site on the Commencement Date or any equipment that becomes attached to the Site at any future date when USVVW desires to add additional equipment to the Site. Likewise, the Owner agrees not to permit installation of any future equipment which results in technical interference problems with USWVV then existing equipment. The PCS system operates on a specific set of channels licensed exclusively to USWW by the Federal Communications Commission for provision of high quality mobile service for the benefit of the public good. The filtering of spurious signals is very tightly controlled via standard radio Min286- Chanhassen Zoning Narrative 8 electronic filters. PCS telephones operate within strictly regulated set of allotted frequencies. All USWW sites must be operated in accordance with our FCC license to provide PCS service to this area. USWW is currently licensed to operate in markets nation wide with hundreds of antennas. There has not been any instance of television or radio interference reported. Land Site The site will encompass a leased landscape of approximately 1200 square feet. A pre- assembled Base Transceiver Station (BTS), which contains radio frequency transceivers and self- contained batteries for back-up power, is connected to amplifiers, commercial electrical service and public T-1 Line service. A control unit equipped with its own built-in HVAC will also be located on the sire, housed by the BTS unit. The control unit will be under 24-hour security and fire surveillance by USWW. Up to six antennas will be mounted on the tower at 000~, 120% and 240t~ from true north. Antennas Antennas attached to the towedsite will transmit and receive FCC-approved radiosignals which carry voice and data between the PCS system users and the USWW central switching network. The physical size of the antennas may vary. The antennas required for this site are approximately about 48 inches long and 7.5 inches wide and 2.2 inches deep. The antenna sites necessary for PCS coverage are defined by the RF engineering design. Surrounding topography, trees and buildings also play a role in arriving at the appropriate antenna height. The USWW engineers have determined that antenna height to be 100' feet. Equipment The Base Transceiver Station (BTS) houses radio, computer and climate control equipment for this site. This equipment is powered by the local power company (using normal 120/240 volt, single phase, AC electricity). It will be connected to the USVVW mobile switching center via traditional telephone lines. No water or plumbing will be necessary for any of thesites which USWW erects, since no people are present at our sites on a daily basis. There will only be occasional, brief visits (average about once a month, for 1 to 3 hours per visit) for routine maintenance. Fire protection is provided by OSHA approved Halon inside the equipment cabinet. US West Wireless is looking forward to providing PCS service to the Chanhassen community in the future. If you have any questions regarding the application for the site please contact me in my office: 651-642-6291 or on my PCS phone: 612-998-4784. Respectfully, David W. Fischer Real Estate Consultant US West Wireless L.L.C. Min286- Chanhassen Zoning Narrative 9 sel!161 ~ Oelueo le) OOS'ZS: L eleoS 666L 8L:OL 68 InP nql 00'81. 6el~l ~1~.$ AkAkSf'l Sut. ls!xH / ol!S A'UA, XSf'I o-/nlnd ol~.S AL,~Sfl ~u!ls!x~s ' ! CiTY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 APPLICANT: ADDRESS: DEVELOPMENT REVIEW APPLICATION ? TELEPHONE (Day time) ~,'5-/'~ z/Z.- ~,,2?/.,/~/z-CC, c-f/?gS/ TELEPHONE: / Com.Drehensive Plan Amendment Conditional Use Permit Temporary Sales Permit Vacation of ROW/Easements interim Use Permit Variance __ ,N~n-con~orming Use Permit Wetland Alteration Permit Planned Unit Development* __ Zoning ApPeal ~ Rezoning Zoning Ordinance Amendment Sign Permits · Sign Plan Review Notification Sign ~,, __ Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CU P/S P PJVAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) . Subdivision* TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with application. ~3u~Iding material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/=" X 11" reduced copy of transparency for each plan sheet. '** ~scrow will be required for other applications through the development contract :NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. ' NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME ~'~~ ~'~'/'~',~5 ~,~. LOCATION tf~ PRESENT ~ND USE DESIGNATION ~ ~ REQUESTED'LAND USE DESIGNATION REASON FOR THIS REQUEST Trois application must be completed in full and be typewritten or clearly printed and must be accompanied by ali information and plans required by applicable City Ordinance provisions. Before filing this application, you should, confer with the PJannJng Department to determine the specific ordinance and procedural requirements applicable to your application. This is "to certify that I am making application for the described action by the City and that I am responsible fo/' complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of matedal and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best 6! my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Of/ice and the origina~ocument returned to City Hall Records. SiQnature of Applicant [ ' Date "Signature of Fee Owner" / Date Received on Fee Paid Receipt No. · The applicant should contact staff for a copy of the staff report whlch wtll be avallable on Friday prior to the meeting. If not contacted, acomv of thp_ rr~n~'~ will P~ tm~llM CITYOF 690 Gty Center Drive, PO Box 147 ChanlJassen, Minnesota 55317 Phone 612.937.1900 General Ea' 612. 937. 5739 £ngineering ?ax 612.937.9152 ?ublic SafeO, ?ax 612.934.2524 Il:Ob www. ci. chanhassen, mn.us MEMORANDUM TO: FROM: DATE: SUB J: Sharmin Al-Jaff, Senior Planner Steve Torell, Building Official August 19, 1999 Review of a request for a conditional use permit by, US West Wireless, to construct a 100 foot tall monopole tower. Planning Case: 99-3 CUP I have reviewed the request for the above project and offer the following comment. 1. A building permit is required to construct the tower and the tower must be designed to include the effect of one-half inch of radial ice. 2. The contractor shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. g:safety/st/memos/plan/uswest k*U. S. West will be holding an Open House about this Proposal. Details on back.** PROPOSAL: NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 1, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE Request for Conditional Use APPLICANT: U.S. West Wireless Permit for a 100' Monopole Tower LOCATION: 4151 Hwy. 7 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicants, U.S. West Wireless, in conjunction with Holy Cross Lutheran Church, are requesting a conditional use permit to construct a 100 foot tall monopole tower wireless communication facility on property zoned RSF, Residential Single Family and located at 4151 Highway 7. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmin at 937-1900 ext. 120. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 19, 1999. ! U.S. West Wireless L.L.C. will be holding an Open House on Wednesday, August 25, 1999 from 6:30 to 7:30 p.m. at Holy Cross Lutheran Church located at 4151 Hwy. 7, Excelsior, MN The Open House is being held to answer any questions or concerns of the Chanhassen community regarding the proposed US West Wireless Communications facility to be located at the Holy Cross Lutheran Church. We look forward to seeing you there! David W. Fischer Real Estate Consultant US West Wireless L.L.C. (H) 651-642-6291 PCS 612-998-4784 ~UJZ I-WZ 0 X m nn ~Z --(5 n~ WZ Znl-o ~wz w X w zrr~ OZDco ~0~ zC)~ '~zz >- w '5 ..J >-o 1.1.1 w 0 × w~°o Z w 'l- w uJ w_ O' w w <~ o,,-j, w ZOO0 ww~ z~Oo <~ X n~w w rr, W-- IJJ 0 .-I 0 LU W U.l Zn- Z~ u..© w rrO~ zo O~ o~-° I~1ZD ~ ZO~ D U.i ct' ~_m~ rD c:> X 03~z ,~ ...1W "r' ,.- r..) 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Mylar as-built construction plans of the utility improvements will be required by the City upon completion of the site improvements. 16. A building permit shall not be issued until the access driveway meets fire code requirements. The driveway may be constructed with a bituminous and/or Class 5 gravel section, 20 feet wide which meets a 7 ton per axle design. 17. Staff recommends the applicant consider raising the curb elevation/parking lot grade in the northwest comer of the site a minimum of one foot. 18. Construction plans for utility extension to the lot from Main Street and Grandview Road shall be submitted and approved by the City prior to issuance of building permits. All utilities shall be constructed in accordance with the City's latest edition of standard specifications and detail plates. 19. The applicant shall provide parking lot and building lighting plan, i.e., light fixture design and height, location, photometrics, etc. for review and approval. Ail voted in favor and the motion carried unanimously. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 100 FOOT TALL MONOPOLE TOWER WIRELESS COMMUNICATION FACILITY ON PROPERTY ZONED RSF~ RESIDENTIAL SINGLE FAMILY AND LOCATED AT 4151 HIGHWAY 7~ U.S. WEST WIRELESS IN CONJUNCTION WITH HOLY CROSS LUTHERAN CHURCH. Public Present: Name Address Dave Fischer Peter Keller Deb Reiff Robert & Mary Blue Barry & Giselle Matsui Loren Witte Bea Gemlo Bill & Loma Slott Jason Hahn Pat Yantes US West Wireless 6760 Country Oaks Road 6750 Country Oaks Road 6770 Country Oaks Road 4170 Hallgren Lane 4101 Glendale Drive 6780 Country Oaks Road 4167 Hallgren Lane 4142 & 4162 Hallgren Lane 4156 Hallgren Lane 13 Planning Commission Meeting - September 1, 1999 Sharmin AI-Jaff presented the staff report on this item. Joyce: Any questions for staff at this time? Kind: Move to open the public hearing. Joyce: Can I get a second? Burton: Second. Joyce: That's quick. Alright this is open for a public, no I can't, I shouldn't allow that. We've got to get the applicant up here. Kind: Oh, sorry. Joyce: You should be sitting here. Withdraw that. We need to talk to the applicant so if the applicant would like to make a presentation at this time, please step forward and state your name. Dave Fischer: Good evening Planning Commission, staff and citizens of Chanhassen. My name is Dave Fischer representing US West Wireless located at 426 North Fairview Avenue, Room 101, St. Paul, Minnesota. And I'd like to just give a brief overview of where we arrived at this location. How we started and kind of the quick A to Z ifI may. US West engineering department issued the search ring for this location November 1 st in 1998 and the coverage encompasses the following locations centered around Highway 7. And the search ring goes as far north to Howard Point, east to County Road 41, west as far as Smithtown Road, and south to Red Cedar Avenue. On April 28, 1999 1 met with the City staff to discuss the possibilities of locating our facility at the Chanhassen Fire Department. Based on positive feedback from the City to allow us to pursue this location we performed a drive test and based on a couple different reasons, one being our RF engineering requirements for the height and our objective to locate to connect our coverage from that site to the west in Minnetrista, and also the lack of ability to achieve our setback requirements being the height of the tower and half the height of the tower from the right-of-way. Being that this was the issue and we could not meet these requirements, we disqualified this location and pursued further locations to the west to try and meet up with our other existing site to the west. June 7, 1999 1 scheduled a meeting with the Chanhassen staff to discuss height restrictions, setbacks, zoning restrictions within our search area, and after reviewing the area, keeping in mind the zoning requirements and our RF engineers objectives, we determined the Holy Cross Lutheran Church would be the best site that would meet and comply within the zoning regulations. After several meetings in June with the city staff and talking with them we determined that we could be permitted through a conditional use permit as long as the US West comply within the following zoning ordinance guidelines. In Section 20-1503 the height restrictions up to 80 feet unless we accommodate one other additional user. In Section 20- 1504, that we may exceed the height limitations up to 25 feet. In Section 20-1505, that we comply with all the setback requirements. Since US West was in compliance with all of the guidelines as staff had pointed out in the zoning ordinance. US West proceeded with the Holy Cross Lutheran Church. Understanding that there had been concerns from the community 14 Planning Commission Meeting - September 1, 1999 surrounding the church, US West decided to hold an open house to address any questions and concerns of the community. Under Section 20-1506 of the Chanhassen Zoning Ordinance, towers in residential zoning districts, subsection (c) allowing towers in residential uses for government, school, utilities and institutional sites. It has been US West's experience with jurisdictions such as Minneapolis, St. Paul, Minnetonka, Woodbury, and many other jurisdictions that churches are typically defined as institutional sites. Since the City of Chanhassen does not have a definition of institution and the city staff had not conveyed anything to the contrary, US West had proceeded with the proposed site at the church under Section 20-1506. Towers in residentially zoned districts, subsection, as an institutional use, which is very common throughout the Minneapolis area. When we held this open house, US West notified all residents within 500 feet of the proposed property to address the following issues. Why US West chose this location. How it related to our design requirements. The concerns regarding aesthetics and how this affect property values. Why US West chose this site, the Holy Cross Lutheran Church is the most sensible location that achieves our objective, yet also complies with all applicable zoning outlined in the Zoning Ordinance that I stated previously. As well as subsection, as an institutional use. The location allows us to meet all setback requirements and height requirements and still achieve our objective in meeting with our site located to the west. One of the other issues which we understand the concerns from the public are regarding property values. Based on the review of property value studies, including an article in November, 1996 there was a real estate value impact study conducted in the cities of Stillwater, Golden Valley and New Hope in 1996 by Rupert and Rupert Associates. And the study concluded, the findings of this study indicate that all three study areas, there's no measurable difference in the market value and selling prices between the property in close proximity to the communication towers and those that are farther away from the tower. Therefore it is our conclusion that communication towers do not have a measurable or identifiable impact on residential values, unquote from Scott Rupert, MAI JD of Rupert and Rupert Associates. On behalf of US West I'm requesting approval of this application for the CUP be approved for a 100 foot monopole structure to be located at the Holy Cross Lutheran Church located at 4151 Highway 7, Excelsior. US West makes this request based on the following criteria. Compliance to Section 20-1506 of towers in the residential districts. Compliance to Section 20-1505 regarding to setbacks and compliance to the Section 20-1503, Subsection (b)(1) and 1504, Subsection (1), as well as Subsection 2(c) of 1506 of institutional uses. I would like to thank the City of Chanhassen for their assistance regarding US West's proposed wireless communication at the church and request approval for this application. And would be more than happy to answer any questions concerning this. Joyce: Thank you. Are them any questions for the applicant at this time? Thank you very much. Dave Fischer: You bet. Kind moved, Sidney seconded to open the public hearing. The public hearing was opened. Joyce: Okay. This is open for a public hearing. If you'd like to address the commission on this topic please step forward, state your name and address. 15 Planning Commission Meeting - September 1, 1999 I guess I'll volunteer to go first. Good evening. My name's Pete Keller and I live at 6760 Country Oaks Road. I've also served on a commission, local commission and I know it's a long and huge and often unthanked job so I appreciate your dedication to the community. I'm a stay at home dad. I do daycare. Have a home based daycare business and look directly at the church's property. This is the primary view from my back yard. I find it wonderful that Dave's had the time to read the ordinance. I can't agree more with Sharmin's conclusions that the tower does not comply with 20-1506, number 2, section (a) that it quite clearly Says that a church site, that it has to be camouflaged within the steeple or the bell tower. It certainly is open to interpretation whether a church is an institution or not but because it more specifically outlines a church as a church, and the rules that apply to it, I think that's what we need to stick with. I also have to thank Sharmin. It's been a true pleasure in working with her and getting some great feedback in how the process works. And that if we want to go into the business of looking at a variance request from US West, I think at that time it'd be far more appropriate for us to get into the compatibility and residential neighborhood. How it's going to affect values. We would need to do things like get a little bit more organized. I mean when I talked to Sharmin about her report I was inquisitive as to why a lot of the things that we had discussed left out and it's essentially a moot point. It's not appropriate to address at this time. The ordinance collectively says it's not right. We need a variance to go into those other things. The other things, you know namely have a lot of them have been brought up by Dave but I think it'd be interesting to get our experts on whether there really is a need for this technology and our experts to look at real estate values and our experts to look at resale and things like that. And also again, at the variance time it would be interesting to look at things like increased incidents of lightning in the trees that are around there and how this would negatively affect my business that I run at home with a view of this tower. Why they really, truly believe that this is the best location considering Minnetrista's about a stone's throw away from approving a 150 foot tower that's actually less than 2 miles away from this location. And why really specifically should we come to the conclusion after approving great hardship that the church is the only place that it could be. Why it has to be in clear view of the neighbors without any screening whatsoever. This is in full view of our homes so I guess in closing I really don't have a lot more to add except that I very encourage you. I understand you are an advisory commission and I very much encourage you to advise the City Council on the staff recommendation. Thank you very much. Joyce: Thank you. Anyone else that would like to address the Planning Commission at this moment. Robert Blue: Hi. My name's Robert Blue. I live at 6770 Country Oaks Road. Right next door to Pete, and as he did point out, this view here is directly west of my house. That tower, 100 feet tall is approximately I would guess about 300 feet away from my house, and there is no shielding. There is no trees. There's no nothing. It's going to be an eyesore sitting on my deck and that's why I bought that lot in the first place was for the nice view in the back of that church. I can't recommend this tower being there at all. Thank you. Joyce: Thank you. Anyone else like to address the Planning Commission? 16 Planning Commission Meeting - September 1, 1999 Deb Reiff: My name is Deb Reiff and I'm on the other side of Pete at 6750 Country Oaks Road. I have with me a letter that was given to us by the church one week ago when they had their initial hearings or informational meeting on this. It states in here, if you believe that this tower, which will be explained to you tonight, is something you can't live with, then neither are we willing to have the tower built on the property of Holy Cross Lutheran Church. I don't know if there's any church representatives here tonight but I think that we have 100% representation here tonight of every house along the back there that will get to enjoy this oversized flag pole view. And that the advantages to Holy Cross congregation as they listed in here, actually there's only one and that is the financial payment that they would be receiving for this. I guess my feeling is that churches should be holding fund raisers rather than erecting towers that are going to lower our property values and just have this site in our back yard. And in criteria number 5, in their recommendation, it is not true that it would not be, that there would be aesthetic impact because there will be. The houses to the south have tree cover but as they explained a week ago, come wintertime that tree cover is gone and these people that have built these nice homes there will have that huge pole right in their back yard. And we have no tree cover so we can enjoy this tower all the time from our back deck. So I request, I strongly request that this be denied. Thank you. Joyce: Thank you. Anyone else? Can I have a motion to close the public hearing? Conrad moved, Burton seconded to close the public hearing. The public hearing was closed. Joyce: Okay, commission. Sidney: Mr. Chairman... staff report and appreciate the comments... The zoning ordinance clearly states the fact that this site... Joyce: Anyone else like to comment on this? Conrad: It doesn't meet it so the staff report is appropriate. Kind: I agree. Joyce: The only comment I'd make, I mean who was the fellow that used to work for the Planning Commission that did all the work for us on the. A1-Jaff.' John Rask. Joyce: He became quite an expert on that. And just a note to US West, I think we really did some due diligence on monopoles and really looked at our ordinance very; very seriously and did a lot of research on it. John did a lot of research on it. This doesn't follow the ordinance so I really don't think I could vote for it. So with that said, could I get a motion please. 17 Planning Commission Meeting - September 1, 1999 Burton: Mr. Chairman, I'll move that the Planning Commission recommend denial of conditional use permit #99-3 to allow the construction of a 100 foot tall monopole tower wireless communication facility for US West Wireless based upon the finding in the staff report. Conrad: Second. Joyce: Any discussion? Burton moved, Conrad seconded that the Planning Commission recommend denial of Conditional Use Permit #99-3 to allow the construction of a 100 foot tall monopole tower wireless communication facility for US West Wireless based upon the following: The zoning ordinance requires antennas on church sites to be camouflaged as an architectural feature such as steeples or bell towers. All voted in favor and the motion carried unanimously. Joyce: This topic will come up again in front of City Council September 27th. Thank you all for coming. PUBLIC HEARING: REQUEST FOR A 20 FOOT VARIANCE FROM THE 50 FOOT SETBACK REQUIREMENT OF THE HIGHWAY CORRIDOR (HC-2} DISTRICT REGULATION TO PERMIT THE ENCLOSURE OF THE SANITATION DOCK AT THE NORTHWEST CORNER OF THE EXISTING BUILDING ON PROPERTY ZONED IOP~ INDUSTRIAL OFFICE PARK AND LOCATED AT 8000 AUDUBON ROAD~ C.F. HAGLIN AND PILLSBURY COMPANY. Public Present: Name Address Dennis Wendt Tom Lind-MacMillen Dotti Shay 4749 Diane Drive 3311 East 51 st Street 7230 Frontier Trail Kate Aanenson presented the staff report on this item. Joyce: Any questions of staff?. Would the applicant like to make a presentation? Dennis Wendt: My name is Dennis Wendt. I'm with Setter, Leach & Lindstrom. Basically we concur with the recommendations the staff has made and we are willing to look at adding the additional trees that they want. As far as applying for a building permit, the information that they're looking for will be part of our contract documents for the city. I have the, a couple 18 SEW 01 1999 CiTY OF CHANbLASSEN