6 CUP Sprint CommunicationTowerCITY OF
PC DATE: 7/18/2000
CC DATE: 8/14/00
REVIEW DEADLINE: 8/17/00
CASE #: 2000-4 CUP
STAFF
REPORT
PROPOSAL:
Request for a conditional use permit to install a communication antenna on the
city water tower and a 17' x 17' equipment building.
LOCATION:
Outlot A, Arboretum Business Park 2nd Addition, 2953 Water Tower Place
APPLICANT:
Sprint PCS
9701 W. Higgins Rd.
Rosemount, IL 60018
Carlson & Harrington, Inc.
5256 45th Ave. S.
Minneapolis, MN 55417
................. Id L;lP l
2020 LAND USE PLAN: Office/Industrial
ACREAGE: 2.1 acres
DENSITY:
not applicable
SUMMARY OF REQUEST: Sprint PCS is requesting that the City of Chanhassen approve a
conditional use permit and site plan review to allow Sprint PCS to locate panel antennas on the
Chanhassen water tower and construct a 17 foot by 17 foot equipment building in the southwest comer
of the site.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying conditional use permits, based on whether or
not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the
City finds that all the applicable conditional use permit standards are met, the permit must be
approved. This is a quasi-judicial decision.
Street ---~1 ~- ~ Au~mn R, idge_
mn Ridge
Bob Generous
July 12, 2000
Page 2
APPLICABLE REGULATIONS
The applicant must comply with Arboretum Business Park Development Design Standards adopted
July 28, 1998, amended July 26, 1999. Telecommunication towers and antennas are permitted by
conditional use permit only.
Conditional Use Pern~its: Sections 20-221 through 20-237 and Section 20-256.
Site Plan: Section 20-106 through 20-116.
Towers and Antennas: Section 20-1500 through 20-1522.
PROPOSAL SUMMARY
The applicant is requesting approval to install 12-five tbot tall panel antennas on top of the City of
Chanhassen water tower located within the Arboretum Business Park. The panels will be located on
the safety rails on the top of the tower. There will be no lights or signage on the panels or equipment
building. The ground equipment will be located within a 17 foot by 17 tbot. eight-foot high brick face
structure with an asphalt shingle roof.
BACKGROUND
On July 26, 1999, the City Council approved an amendment to the Arboretum Business Park Design
Standards permitting church facilities as an interim use.
On July 12, 199% the City Council approved Site Plan #99-13. for a 59,990 sq. ft. office warehouse
building (Building III).
On February 8, 1999, the City Council approved site plan #99-1 for a 5,737 square foot Kwik Trip
convenience store and gas station with a drive through car wash. (This prqject was later taken over
by Mike Schlagen as a Citgo Store.)
On June 22, 1998, the city approved a site plan lbr a 55,911 square foot building (All About ISghts)
and a 52,956 square foot building (On The Level) within Arboretum Business Park 2nd Addition.
On June 22, 1998, the City Council approved resolution 98-58 for the acquisition of the site for the
xxater tower.
On Ma}, 11, 1998, the City Council approved Arboretum Business Park 2nd Addition consisting of
six lots and the right-of-way for Water Tower Place, formerly known as Coulter Boulevard. and a
site plan tbr a 113,600 square feet office-industrial-warehouse buildings (Steiner Building 2).
Bob Generous
July 12, 2000
Page 3
On May 11, 1998, the City Council approved resolution 98-48 awarding the bid tbr the water tower
project.
On April 13, 1998, the City Council approved resolution 98-32 approving the plans and specifications
for the water tower.
On July 28, 1997, the City Council approved the following: the ordinance for PUD #92-6 rezoning
approximately 154 acres from Agricultural Estate, A2, to Planned Unit Development, PUD, and the
PUD #92-6 granting final plat approval for Arboretum Business Park.
On June 9, 1997, the City Council approved site plan #97-6 for Heartland America, a 101,600 square
foot office industrial building (Steiner Building 1) on Lot 3, Block 1, Arboretum Business Park.
LANDSCAPING
The applicant has not provided a landscaping plan for review as part of the proposal. Staff believes
that the applicant should provide conifer trees, in various sizes, around the equipment building and
parking area. Such trees should be similar to the conifers on the property to the west.
GRADING
No site grading is proposed, however, staff is recommending additional driveway/parking lot areas
be created to facilitate this use. The purpose of this recommendation is not to burden or restrict the
city's ability access to the water tower. Staff is recommending that a bituminous parking area 10-12
feet wide be paved along both the west and east sides of the proposed building to provide parking
areas. The plans will need to be revised to address this parking and drive aisle expansion
requirement.
UTILITIES
It appears no municipal services are required. The contractor and all sub-contractors should be
aware access to the water tower site will be restricted. It will be necessary to contact the City's
Utility Supt. a minimum of 24 hours in advance to access the tower. In addition, the city will require
the engineering firm of AEC to inspect and supply a written report to the city of all
welding/construction activities involved with installation of the antennas at the cost of the applicant.
DRAINAGE
The proposed building will have little or impact to the existing drainage pattern
STREETS
Access to site will be via a private driveway through Lots l& 2, Block 1, Arboretum Business Park
2nd from Water Tower Place. The city has a private driveway agreement with these property owners,
Bob Generous
July 12, 2000
Page 4
which should be reviewed by the City Attorney's Office to see if the easement permits access rights
to other parties.
LIGHTING/SIGNAGE
There will be no additional lighting or signage proposed for the project.
MISCELLANEOUS
The applicant and or their representative shall meet with the Inspections Division prior to
applying for a building permit to discuss plan review and permit procedures.
SITE PLAN FINDINGS
In evaluating a site plan and building plan. the city shall consider the development's compliance
with the £ollowing:
(1)
Consistency with the elements and objectives of the city's development guides, including
the comprehensive plan, official road mapping, and other plans that may be adopted;
(2) Consistency with this division;
Preservation of the site in its natural state to the extent practicable by minimizing tree and
soil removal and designing grade changes to be in keeping with the general appearance of
the neighboring developed or developing or developing areas;
(4)
Creation of a harmonious relationship of building and open space with natural site features
and with existing and future buildings having a visual relationship to the development;
Creation of functional and harmonious design for structures and site features, with special
attention to the following:
An internal sense of order for the buildings and use on the site and provision ora desirable
environment lbr occupants, visitors and general community;
b. The amount and location of open space and landscaping;
Materials. textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures and
uses; and
Vehicular and pedestrian circulation, including walkways, interior drives and parking in
terms of location and number of access points to the public streets, width of interior drives
Sprint PCS
July 18, 2000
Page 2
and access points, general interior circulation, separation of pedestrian and vehicular
traffic and arrangement and amount of parking.
(6)
Protection of adjacent and neighboring properties through reasonable provision for surface
water drainage, sound and sight buffers, preservation of views, light and air and those
aspects of design not adequately covered by other regulations which may have substantial
effects on neighboring land uses.
Finding: The proposed project complies with the development design standards for the
Arboretum Business Park and is consistent with the City of Chanhassen Zoning
Ordinances and Comprehensive Plan.
FINDINGS
When approving a conditional use permit, the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional use
Section 20-232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: The proposed project will not be detrimental to public health, safety, comfort,
convenience of general welfare of the city.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The proposed project is consistent with the objectives of the city's comprehensive
plan and this chapter.
Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The proposed project is designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
Sprint PCS
July 18, 2000
Page 3
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The proposed project is adequately served by public infrastructure.
Will not create excessive requirements tbr public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed pro. ject will not create excessive requirements for public facilities
and services and will not be detrimental to the economic welfare of the comlnunity.
Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The proposed use will not involve uses. activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fmnes, glare, odors.
rodents, or trash.
Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The proposed project will not involve uses. activities, processes, materials.
equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke, fumes, glare.
odors, rodents, or trash.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The project will not result in the destruction, loss or damage of solar access.
natural, scenic or historic features of major significance.
10. Will be aesthetically compatible with the area.
Finding: The project will be aesthetically compatible with the area.
11. Will not depreciate SmTounding property values.
Finding: The project will not depreciate surrounding property values.
Sprint PCS
July 18, 2000
Page 4
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The project meets the standards for antennas as well as the design standards for the
Arboretum Business Park.
PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on July 18, 2000, to review the proposed antenna
and equipment building. The Planning Commission voted unanimously to recommend approval
of Conditional Use Permit #2000-4 to permit the installation of a communication antenna on the city
water tower and a 17' x 17' equipment building in the southwest comer of the site subject to the
conditions of the staff report with modification to condition 7 adding "The equipment building shall
be screened with appropriate materials to hide it from surrounding uses or surrounding neighbors."
And the addition of condition 11, "The applicant must provide opportunities for co-location."
While the addition to condition 7 would be applicable to Sprint, proposed condition number 11 is
applicable only to the City of Chanhassen since it is the city's water tower. Staff, therefore,
recommends that only the revision to condition number 7 be approved as a condition of approval.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves Conditional Use Permit #2000-4 to permit the installation ora
communication antenna on the city water tower and a 17' x 17' equipment building in the
southwest comer of the site subject to the following conditions:
1. The antennas must be painted the same color as the water tower.
2. The applicant must notify the City of Chanhassen Utility Departlnent at least 24 hours prior
to needing access to schedule an appointment to enter the water tower.
3. The applicant must enter into a lease agreement with the City of Chanhassen for use of the
site.
4. The west and south walls of the building must be of one-hour fire-resistive construction if
located less than 20 feet to the adjacent property lines.
5. The antennas and their attachment must be designed by a professional engineer licensed in
the State of Minnesota.
6. The applicant and or their representative shall meet with the Inspections Division prior to
applying for a building permit to discuss plan review and permit procedures.
Sprint PCS
July 18, 2000
Page 5
The applicant shall submit a landscape plan for City of Chanhassen approval prior to the
issuance of a building permit. The equipment building shall be screened with
appropriate materials to hide it from surrounding uses or surrounding neighbors.
o
A bitulninous parking area 10-12 feet wide shall be paved along both the west and east
sides of the proposed building to provide parking areas. The plans will need to be revised
to address this parking and drive aisle expansion requirement.
The contractor and all sub-contractors should be aware access to the water tower site will
be restricted. It will be necessary to contact the City's Utility Supt. a minimum of 24
hours in advance to access the tower. In addition, the city will require the engineering firm
of AEC to inspect and supply a written report to the city of all welding/construction
activities involved with installation of the antennas at time cost of the applicant.
10.
The city has a private driveway agreement with these property oxw~ers, which should be
reviewed by the City Attorney's Office to see if the easement permits access rights to other
parties."
ATTACHMENTS
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Findings of Fact and Recommendation
Development Review Application
Letter from Paul A. Harrington to Planning Commission and City Council
General Information - Sprint PCS
Photocomposite Image of Antennas
Reduced Copy Site Survey Plan
Reduced Copy of Enlarged Site Plan
Reduced Copy Structure Plan and Elevation
Reduced Copy Shelter Plans and Elevations
Public Hearing Notice and Mailing List
Development Plan Referrals
Memo from David Hempel to Bob Generous dated 7/12/00
Planning Colnmission Minutes of July 18, 2000
Sprint PCS
July 18, 2000
Page 6
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Sprint PCS for a Conditional Use Permit to install communication antennas and an
equipment building.
On July 18, 2000, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Sprint PCS for a conditional use permit for the property
located at 2953 Water Tower Place, Outlot A, Arboretum Business Park 2nd Addition. The
Planning Commission conducted a public hearing on the proposed conditional use was preceded
by published and mailed notice. The Planning Commission heard testimony from all interested
persons wishing to speak and now makes the following:
FINDINGS OF FACT
The property is currently zoned PUD.
The property is guided by the Land Use Plan for Office/Industrial.
The legal description of the property is Outlot A, Arboretum Business Park 2nd
Addition.
Section 20-232:
Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Sprint PCS
July 18, 2000
Page 7
Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
eo
Will be served adequately by essential public facilities and services, including
strcets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Will not create excessive requirements for public facilities and services and will
not be detrilnental to the economic welfare of the community.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
h.
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area.
Sprint PCS
July 18, 2000
Page g
ko
Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
The planning report #2000-4 CUP dated July 18, 2000, prepared by Robert
Generous, David Hempel and Steve Torell is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit.
ADOPTED by the Chanhassen Planning Commission this 18~h day of July, 2000.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
g:\plan\bg\sprint pcs - cup 00-4.doc
CITY OF CHANHAB~EN
8;0 COUL'rER DRIVE
CHANHA$8~I, MN
DEVELOPMENT REVIEW APPLICATION
Compreheh~lve Plan Amendment
,
~ Pbnned U~ltlDe~,alopment'
Temporary Sa~a Permit
Vacat/on of ROW/F.a~emena
Wetland Al~mlion Permit
Zoning ora'lnanoe Amendrne~
~ 8ubdlvt~on* TOTAL FEE $
A Ilar of'Il property ownere within 600 feet of/he boundarlee of the property mutt be InCluded with the
application.
Building material templet mutt be .ubmltted with alta plan revlavm.
*Twenty41~ full ,lze folded OOplaa of the plant mutt be eubmltted, Including an 81&" X 11' re~iuced ¢~opy of
tn~rmpamnCy*for.each plan aheet.
"Eec;row will be ~equlre~l for olhtr appllcatlon~ through the development eontra~t
NOTE - When multiple appllc~{on~ are prooeammcl, the appropriate fee ~all be ohatged .for eaoh appliomtion.
612-937-5739->
LE®^L DBB~RIP]ION
PRESENT LAND 01{E d, ESIONATION. ,P~/"~b ~ ~~m
A dele~nea~ ~ ~plP~ne~ of ffis e~n ~}1 ~ ~ w~in ten ~mlne~ days of ~p~fl~ mu~t~l. A ~n
I ~1 k~ ~eF {n~ ~ ~e deadlines ~r 8u~l~mlon of ~ta~l ~ ~e ~ o~ ~ls ep~U~. I
~e ~ M~ nu~ ~ e~nt ~st de~t rev~w ~ot ~ ~e~ ~ 80 day~ due ~
Signature of Fee Own~ D~te
Appiloation Reoelved on . Fee Paid ....... R~e{pt No.
The appIIC-llnt Ihouid SOl,tact at~ff for a Copy of the itaff report whbh will bi available on F~day prior (o the meeting.
If not oontacted, & Copy Of the report will be mailed lo the appllo~,l~ ,Iddrl~,
.............
COMMER(;IAI RI, Al E~TA'I E ~ER\~ICiS~
June 15, 2000
City of Chanhassen
Planning Commission and City Council
c\o Robert Generous, Senior Planner
690 City Center Drive
Chanhassen, MN 55317
RE: Application for Conditional Use Permit to allow Sprint PCS to attach Personal Communications Services (PCS)
Panel Antennas on the Chanhassen Water Tower, 8175 Hazeltine Boulevard, Chaska, MN 55318
Dear Sirs and Madams:
Sprint PCS is requesting that the Chanhassen Planning Commission and City Council consider the approval ora
Conditional Use Permit and Site Plan Review to allow Sprint PCS to locate panel antennas on the Chanhassen Water
Tower located at 8175 Hazeltine Boulevard. The approval of these applications is being requested in order to
complete a portion ora national PCS infrastructure network being installed by Sprint PCS.
The Chanhassen Water Tower was selected for antenna installation based on its geographic location within a Sprint
PCS defined "search ring". The ability of Sprint PCS to provide seamless and complete service coverage is
dependent upon the location of antennas within the defined ring. Radio Frequency engineers from Sprint PCS
conducted a drive test of the area and determined that the Tower meets the requirements necessary for operation of
the Sprint PCS network.
The Chanhassen Water Tower proposal is illustrated on the enclosed photo simulation and construction drawings.
The five (5) foot tall panel antennas would be located a minimum of two (2) feet above the reservoir portion of the
Water Tower. The panels (of which there are 12) would be attached to the safety rail on the top of the Tower. The
proposed antennas and related equipment will meet or exceed all requirements of the Federal Communications
Commission and the Federal Aviation Administration.
There will be no lights or signage (except small warning and information signs) on the panels or on the related
ground equipment. The location of the ground equipment is provided on the enclosed Site Plan. The ground
equipment is proposed to be located within a 17'x 17' brick face structure with an asphalt roof. The location of the
proposed structure was selected with the input of the Chanhassen Public Works Department with security and
aesthetics in mind. Sprint PCS will landscape the site per Planning Commission and City Council direction.
Sprint PCS will resolve any potential technical interference problems with other equipment located at the site prior to
installation. The PCS system operates on a specific set of channels licensed exclusively to Sprint PCS by the Federal
Communications Commission to provide high quality mobile service for the benefit of the public good. Sprint PCS
is currently licensed to operate in over 29 major markets nationwide with thousands of antenna installations.
Attached for your review is the following information:
1. Development Review Application and check for $400.00;
Site Plan and Elevations (26 copies);
3. Photo Simulation of Water Tower with Antennas Installed (26 copies);
4. Narrative about Sprint PCS and general PCS services (26 copies);
52~,6 45TIl AVI:NU[:. S()[;TIt I MINNEAI'OI.IS, MN 55417 I TI'il. [(>121729-9356 [ FAX [5611325-8317
5. 8 IA" x 11" Transparencies of Plans.
Please address all questions/comments/etc, regarding this application to:
Paul Harrington
Carlson & Harrington, Inc.
5256 45th Avenue South
Minneapolis, MN 55417
612.729.9356 (Phone)
1.561.325.8317 (Fax)
Thank you in advance for consideration of this request.
Sincerely ......
Paul A. Harrington
Carlson & Harrington, Inc.
Enclosures
[General Information - Sprint PCS and Personal Communication Services (PCS)
Introduction
Sprint PCS is a participant in the Personal Communications Services (PCS) market. Sprint PCS'
purpose is to provide consumers with a variety of telecommunication services including local
telephone service, long distance service, wireless communications and cable services. PCS is the
result of a growing demand for improved wireless telecommunication services, and a new
infrastructure is needed to meet this growing demand.
Background
In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the 1850-
1990 MHz band of the radio spectrum within the 51 Major Trading Areas (MTA's) of the United
States for use by Personal Communications Services. Sprint PCS purchased licenses within 29
of these 51 defined MTA's. These licenses, in combination with the licenses awarded to its
affiliates and other providers, will enable Sprint PCS to offer seamless Personal Communications
Services virtually anywhere in the country.
What is PCS?
PCS technology combines voice and data services using digital interfacing equipment. This
facilitates a higher quality transmission with greater voice clarity than currently used by cellular
technology. PCS will give consumers more freedom with respect to their telecommunication
needs. PCS will offer enhanced service features such as portable phones, pagers, facsimile
transmission, and wireless voice service at a lower cost than existing cellular service. PCS is on
the cutting edge of the wireless revolution.
Services of PCS include:
· 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 (two-way paging that 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 imaging over the PCS network
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: Digital technology facilitates cleaner voice quality, but
more importantly, clean data communication. A PCS 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
or lost calls.
Improved Security: 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 eavesdrop on a digitally transmitted call, the effort would
require special equipment and an advanced technical knowledge of the system.
Improved Equipment: PCS will utilize smaller antennae and handsets along
with a more advanced telecommunication technology that will result in favorable
rates to consumers. Handsets will be lighter and use longer lasting batteries than
the current cellular "flip" phones. Because of Sprint PCS' assigned radio
spectrum, there will be more antenna's. However, every effort has been made to
locate equipment on existing structures rather than building free-standing towers.
Increased Mobility: With PCS, mobility means seamless roaming across
existing cellular and landline 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 landline 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 wireline telephone
service.
Increasing Demand
Today, cellular telephone systems in the US are expanding at the rate of over 28,000 new
subscriptions per day, far beyond the growth rate of new subscriptions for wireline 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 are just one step toward another type of service, one
expected to revolutionize telecommunications. The next rung on the evolutionary ladder is PCS.
"-T
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TE HIGHWAY NO. 41
-- -~ STA
I
/
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
TUESDAY, JULY 18, 2000 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
PROPOSAL
Conditional Use Permit
for Communication Antenna
APPLICANT:
LOCATION:
Sprint PCS
2953 Water Tower Place
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant,
Sprint PCS, is requesting a conditional use permit to install a communication antenna on the city water tower and
a 17' x 17' equipment building on property zoned PUD and located on Outlot A, Arboretum Business
Park 2nd Addition, 2953 Water Tower Place.
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 dosed 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 Bob at 937-1900 ext. 141. 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 July 6, 2000.
W 82nd St.
®091:5
CITY OF CHANHASSEN
C/O SCOTT BOTC~
6~CI~D'~~DR
C~SEN MN 55317
COEUR TERRA LLP
3610 SOUTH HWY 101
WAYZATA MN
55391
CHASKA GATEWAY PARTNERS
3610 CO RD 101
WAYZATA MN 55391
WATERTOWER PARTNERS LLC
PO BOX 265
WACONIA MN 55387
CHASKA GATEWAY PARTNERS
3610 CO RDI~01--'~- ......
MN 55391
CITY OF CHANHASSEN
C/O SCOTT BOTCHER
CHASKA GATEWAY PARTNERS
3610 CO RD 10!
WAYZATA MN 55391
sleqe-I ssmppv
®A~J C~AV I~
W 82nd St.
Street '1 ~- ~ Au~
5 Aut~
6 Autt~
co~
City of Chanhassen
690 Coulter Drive, P.O. Box 147
Chanhassen, MN 55317
(612)937-1900
Date: 6/28/00
To: Development Plan Referral Agencies
From: Planning Department
By: Robert Generous, Senior Planner
Subject: Request for a conditional use permit to install a communication antenna on the city water tower and
a 17' x 17' equipment building on property zoned PUD and located on Outlot A, Arboretum Business Park 2nd
Addition, 2953 Water Tower Place, Sprint PCS.
Planning Case:
2000-4 CUP
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on June 19, 2000.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street exteusions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recom~nendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on July 18, at 7:00 p.m. in the
Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than July 7, 2000.
You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly
appreciated.
1. City Departments
~)City Engineer
b. City Attorney
c. City Park Director
e/aT)Fire Marshal
Building Official
f. Water Resources Coordinator
(~. Forester
2. Watershed District Engineer
8. Telephone Company
(US West or United)
9. Electric Company
(NSP or MN Valley)
10. Triax Cable System
11. U. S. Fish and Wildlife
3. Soil Conservation Service
4. MN Dept. of Transportation
5. U.S. Army Corps of Engineers
6. Minnegasco
7. MN Dept. of Natural Resources
12.
Carver County
a. Engineer
b. Environmental Services
Other-City of Chaska
MN Landscape Arboretum
Assistant City Manager
CITYOF
CHANHASSEN
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12, 93Z 1900
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TO:
FROM:
DATE:
SUB J:
MEMORANDUM
Bob Generous, Senior Planner
David Hempel, Assistant City Engineer.rT~;~/
July 12, 2000
Site plan review for Sprint PCS, Outlot A, Arboretum Business Park
2nd Addition - Land Use Review File No. 00-14
Upon review of the site plans prepared by AEC Engineering dated June 6, 2000, I
offer the following comments and recommendations:
GRADING
No site grading is proposed, however, staff is recommending additional
driveway/parking lot areas be created to facilitate this use. The purpose of this
recommendation is not to burden or restrict the city's ability access to the water
tower. Staff is recommending that a bituminous parking area 10-12 feet wide be
paved along both the west and east sides of the proposed building to provide parking
areas. The plans will need to be revised to address this parking and drive aisle
expansion requirement.
UTILITIES
It appears no municipal services are required. The contractor and all sub-contractors
should be aware access to the water tower site will be restricted. It will be
necessary to contact the City's Utility Supt. a minimum of 24 hours in advance to
access the tower. In addition, the city will require the engineering firm of AEC to
inspect and supply a written report to the city of all welding/construction activities
involved with installation of the antennas at the cost of the applicant.
DRAINAGE
The proposed building will have little or impact to the existing drainage pattern
STREETS
Access to site will be via a private driveway through Lots 18,: 2, Block 1, Arboretum
Business Park 2nd from Water Tower Place. The city has a private driveway
agreement with these property owners, which should be reviewed by the City
Attorney's Office to see if the easement permits access rights to other parties.
Bob Generous
July 12, 2000
Page 2
RECOMMENDED CONDITIONS OF APPROVAL
A bituminous parking area 10-12 feet wide shall be paved along both the west and east sides
of the proposed building to provide parking areas. The plans will need to be revised to
address this parking and drive aisle expansion requirement.
°
The contractor and all sub-contractors should be aware access to the water tower site will
be restricted. It will be necessary to contact the City's Utility Supt. a minimum of 24 hours
in advance to access the tower. In addition, the city will require the engineering firm of AEC
to inspect and supply a written report to the city of all welding/construction activities
involved with installation of the antennas at the cost of the applicant.
o
The city has a private driveway agreement with these property owners, which should be
reviewed by the City Attorney's Office to see if the easement permits access rights to other
parties.
Attachment - Easement agreement
C'
Teresa Burgess, Director of Public Works/City Engineer
Jerry Boucher, Utility Superintendent
g:\eng\dave\pc\sprint pcs outlot a abp2nd.doc
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made as of the c~ c} ~ day of ,.~ ,9 e__ ,
1998, by and between Chaska Gateway Partners Limited Partnership, a Minnesota limited
partnership ("Grantor") and The City of Chanhassen, a municipal corporation under the laws of the
State of Minnesota ("Grantee").
RECITALS
A. Grantee is the owner of real property located in Carver County, Minnesota, legally
described on Exhibit "A" attached hereto (the "Benefited Property") and incorporated herein by
reference; and
B. Grantor is the owner of real property, located in Carver County, Minnesota, legally
described on Exhibit "B" attached hereto (the "Burdened Property") and incorporated herein by
reference; and
C.
Grantor has agreed to grant to Grantee the permanent, nonexclusive driveway
easement and the temporary, nonexclusive driveway easement granted by this Agreement, but upon
and subject to the terms and conditions of this Easement Agreement, and Grantor and Grantee are
entering into this Easement Agreement for the purpose of stating their agreement concerning the
conveyance by Grantor of the easements hereinafter described for the purposes specified herein for
the benefit of the Benefited Property.
NOW, THEREFORE, in consideration of the foregoing, and of One Dollar, other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the terms,
covenants and conditions of this Easement Agreement, Grantor and Grantee agree as follows:
,..% Rapid Recordings
10873 Mississippi Blvd.
c:\file\chaska\easement.cha 3_
Coon Rapids, MN 55433
1. DECLARATION OF EASEMENTS. Grantor hereby grants, bargains and conveys
onto Grantee the following easements:
permanent Easement. A perpetual and nonexclusive easement for driveway,
access, ingress and egress purposes (the "Permanent Easement") over and across the
permanent easement area legally described in Exhibit C attached hereto and
incorporated herein by reference.
be
Temporary Easement. A temporary and nonexclusive easement for driveway,
access, ingress and egress purposes (the "Temporary Easement") over and across the
temporary easement area legally described in Exhibit C attached hereto and
incorporated herein by reference. The Temporary Easement shall terminate, and
shall be released by Grantee, upon completion of driveway improvements within the
Permanent Easement providing driveway access from the Benefited Property to
Coulter Boulevard. In addition, Grantor shall be entitled to terminate the Temporary.
Easement prior to completion of driveway improvements within the Permanent
Easement, provided Grantor, at the time of such termination, shall grant reasonable,
temporary alternate access to a public road and provide temporary access
improvements therein to the Benefited Property pending completion of permanent
driveway improvements within the Permanent Easement. Such temporary, alternate
access improvements may also be located within the Permanent Easement. In the
event such temporary, alternate access improvements are to be provided by Grantor,
Grantor and Grantee shall each pay one-half (1/2) of the reasonable costs and
expenses of completing temporary driveway improvements.
The Permanent and the Temporary Easement are hereinafter collectively referred to as the
"Easements". The Easements are granted and established solely for the benefit of the Benefited
Property. The Easements shall run with the title to the Benefited Property and the Burdened
Property and bind all persons who now or hereafter have any right, title or interest in the Benefited
Property and the Burdened Property, their successors, assigns and mortgagees, and shall inure to the
benefit of all persons who now or hereafter have any right, title or interest in the Benefited Property
and the Burdened Property and their respective successors, assigns and mortgagees. The rights of
Grantee and its respective successors and assigns in and to the Easements shall be as set forth in this
Agreement. At such time as the Temporary Easement is terminated in accordance with the terms
c:\file\chaska\easement.cha 2
and conditions stated in this Paragraph 1, Grantee shall execute and deliver to Grantor a Quit Claim
in recordable form, releasing the Burdened Property from the Temporary
Deed or Release,
Easement.
2.
USE, EFFECT AND ENFORCEMENT OF EASEMENTS. The Easements are
appurtenant to the Burdened Property and the Benefited Property and may not be transferred,
assigned or encumbered except as an appurtenance to the Benefited Property or the Burdened
Property. Upon a conveyance of all or any part of the title to the Burdened Property or the Benefited
Property the Grantee, by accepting such conveyance shall be bound by the terms and conditions of
this Agreement. The Easements are nonexclusive easements for the benefit of the Benefited
Property for driveway, access, ingress and egress purposes and may used for such purposes by the
owner(s) of Benefited Property and their successors and assigns, in common with the owner(s),
successors, assigns, tenants and invitees of the Burdened Property. The Permanent Easement is also
granted subject to the utility and drainage easements dedicated in the recorded plat of Arboretum
Business Park Second Addition. The Easements are granted solely for the benefit of the Benefited
Property, and no provision of this Agreement shall be interpreted as a grant of any part of the
Burdened Property for use as a public street or right-of-way.
Grantor and Grantee agree, on behalf of themselves and their respective successors and
assigns, that the rights and obligations of Grantor and Grantee and all subsequent owners of the
Benefited Property or the Burdened Property may be enforced by an action in law or in equity, and
that equitable remedies, including injunctive relief, shall be available to enforce obligations arising
under this Agreement. The prevailing party in any litigation to enforce rights or obligations arising
under this Agreement shall be entitled to recover its reasonable attorneys' fees, costs and
c:\file\chaska\easement.cha 3
disbursements. Failure on any one occasion by any party to enforce fights created under this
Agreement shall in no event be deemed a waiver of the right to do so thereafter.
3. DURATION. The Permanent Easement is perpetual in duration and the fights and
obligations of Grantor and Grantee, and their successors and assigns, as stated in this Agreement,
shall also be perpetual in duration. The Temporary Easement is temporary in duration, and shall
terminate as stated in Subparagraph 1. b. of this Agreement.
4. CONSTRUCTION, MAINTENANCE, REPAIR AND RESTORATION OF
DRIVEWAY IMPROVEMENTS. All costs and expenses for repair and maintenance (including
snow removal) of any ctrivewav or access inaprox'enaents within the Temporary Easement shall be
paid bx anti be the sole ~'esponsibilitx of'Grantee.
.&t such time as Lots 1 and 2. Block 2. ,-V,'boretum Business Park Second :Nc!dition. arc
developed by the construction of l)ermane~t inapro'.'ements thereon, Grantor shall cattse pernxancnt
tbr all costs of construction of any additional driveway improvements required to provide access to
the Benefited Property xvhich are not included within the parking lot or driveway improvements
required for the development of said Lots 1 and 2. All costs and expenses for repair, maintenance
(including, but not limited to, sweeping, res~facing or snow removal) and driveway improvements
completed ~er ~tial construction of~veway improvemenB wi~ the Pe~ent E~ement sh~l
be paid as follows: i) Gr~tor shall pay all such costs ~d expenses M~ respect to ~e driveway
~provemems required to be consmcted in co~ection M~ ~e development of Lots 1 ~d 2, Block
2, Mboret~ Business P~k Second Addition; ~d ii) Gr~tee shall pay all costs ~d expenses for
c:XfileXchaskaXeasement.cha 4
such repair, maintenance and improvement of driveway improvements within the Permanent
Easement that are not included in the parking and driveway improvements required to be constructed
in connection with the development of said Lots 1 and 2. Under no circumstances shall Grantor be
obligated to pay or reimburse Grantee for any snow removal, maintenance or repair work performed
by Grantee within the Permanent Easement unless Grantor has given its prior written consent to so
reimburse Grantee.
The foregoing obligation to pay repair, maintenance and capital improvement expenses shall
mn with the title to the Benefited Property, and the Burdened Property and bind all present and future
owners of the Benefited Property or the Burdened Property.. Each owner of the Benefited Property
or the Burdened Property, by accepting a conveyance of such Property, whether or not it shall be
expressed in such conveyance, covenants and agrees to pay the foregoing costs and expenses in
accordance with the provisions of this Paragraph 4. Such agreement to pay said costs and expenses
shall be a personal obligation of each and every, person or persons who are the legal or equitable
owners of the Benefited Property or the Burdened Property at the time the repair, maintenance or
improvement costs are incurred, and shall be enforceable by each owner of the Benefited Property
or the Burdened Property who has paid his, her or its share of such costs and expenses.
5. AMENDMENT. This Agreement and any provision herein contained may be
terminated, extended, modified or amended, only with the express written consent of all of the
owners of the Benefited Property and the Burdened Property. No amendment, modification,
extension or termination of this Agreement will affect the rights of the holder of a mortgage
constituting a lien on any portion of the Benefited Property or the Burdened Property at the time of
such amendment, modification, extension or termination unless such mortgagee consents to the
c:\file\chaska\easement.cha
same. No tenant, licensee or other person or entity that does not own an interest in the fee title to
the Benefited Property or the Burdened Property will be required to join in the execution of, or
consent to, any action of the parties subject to this Agreement.
6. INDEMNIFICATION. Each owner of the Benefited Property or the Burdened
Property (as the case may be) shall be solely responsible for, and shall protect, indemnify and hold
the owners of the other Tracts harmless from and against, any and all costs, expenses and liabilities
arising in connection with the construction of driveway improvements or other improvements
constructed in the Permanent Easement or the Temporary Easement without the prior written consent
of the owners of the other Property, including any mechanic's liens asserted in connection therewith.
7. MISCELLANEOUS. This Agreement is intended to be interpreted in accordance
with Minnesota law, represents the entire agreement and declaration of Grantor and Grantee with
respect to its subject matter and shall run with the title to the Benefited Property and the Burdened
Property and be binding upon Grantor and Grantee and their respective successors, assigns and
mortgagees to the extent herein provided.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date
first above written.
Chaska Gateway Partners Limited Partnership
By Steiner Development, Inc., general partner
c:\file\chaska\easement.cha ~;
City of Chanhassen
Its ~yor
By.
Its
City Manager/Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2-ci4'~"day of -..Jc,-~ .,
1998,by -[ k-~-,, ..,_.: , T-- ,-g-,~v'3'->',,~,.;y ,the -tSix.u--'(&~-..c'- ,
of Steiner Development, Inc., the general parLner of Chaska Gateway Partners Limited partnership,
a Minnesota limited partnership, on behalf of the limited partnership.
Notary Publi? )
,~/
STATE OF MINNESOTA )
c~v~ )SS
COUNTY OF ~~ )
foregoing instrument was acknowledged before me this .~'~ day of ~ ,
The
1998, by Nancy K. gancino and Don- '- orthAsnwo(/ ,
the Mayor and City Manager/Clerk , respectively
of the City of Chanhassen, a muncipal corporation under the laws of Minnesota, on behalf of the
muncipal corporation.
c:\file\chaska\easement.cha
7
THIS INSTRUMENT WAS DRAFTED BY:
Vesely, Miller & Steiner, P.A.
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
c:\file\chaska\easement.cha 8
EXHIBIT A
LEGAL DESCRIPTION OF BENEFITED PROPERTY
Outlot A, Arboretum Business Park 2nd Addition according to the recorded plat thereofi Carver
County, Minnesota.
c:\file\chaska\legal.ben
EXHIBIT B
LEGAL DESCRIPTION,OF BURDENED PROPERTY
Property subject to Permanent Easement:
Lots 1 and 2, Block 2, Arboretum Business Park 2nd Addition according to the
recorded plat thereof, Carver County, Minnesota.
Property subject to Temporary Easement:
The South 100 feet or that part o1' the South Half of the Northwest Quarter of Section 16, Township
116 North, Range 23, described as follows:
Commencing at the Southwest corner of sald Northwest Quarter; thence South 89 degrees 52 minut~
35 seconds East (assumed hearh~g) along the South line of sald Northw~t Quarter, a distance of
1,410.72 feet; thence North 0 degrees 52 nfiaut~; 20 ~econds West a distance of 245.6 feet to the actual
poh~t of beginning of land to be d~cribed; thence continuing North 0 degrees 52 minutes 20 seconds
Wesh a dlstauco of 300 feotl thence South 89 degrees 52 n~Inutes 35 seconds East, along a line parallel
with thc South line of said Northwest Quarter, a distance of 457 feet; thence South 0 d~gre,~ 52
mlautes 20 seconds Ea~t, a distance of 300 feet; thea~ce North 89 degrees 52 minutes 35 seconds Wesh
along a line parallel with the South line o1' said Northwest Quarter, a distance of 457 feet to the point
of beginning, Carver County, Minnesota.
c:\file\chaska\legal.bur
EXHIBIT C
LEGAL DESCRIPTION OF, EASEMENTS
Ao
Bo
Permanent Easement Area
The east fifteen (15) feet of Lot 1, Block 2, and the west fifteen (15) feet of Lot 2, Block 2,
Arboretum Business Park 2nd Addition according to the recorded plat thereof, Carver
County, Minnesotal
Temporary Easement Area
A 20 foot wide temporary easement for ingress and egress purposes over and
across the south 100.00 feet following described property:
That port of the South Half of the Northwest Quarter of Section 16,
Township 116 North, Range 2.3 West of the 5th Principal Meridian,
described as follows: Commencing at the southwest corner of said
Northwest Quarter; thence on an assumed bearing of South 89 degrees 52
minutes 35 seconds East, along the south line of said Northwest Quarter, o
distance of 1410.72 feet; thence North 0 degrees 52 minutes 20 seconds
West a distance of 245.60 feet to the point of beginning of the land to be
described; thence continuing North 0 degrees 52 minutes 20 seconds West o
distance of .300.00 feet; thence South 89 degrees 52 minutes .55 seconds
East, parallel with said south line of the Northwest Quarter, o distance of
457.00 feet; thence South 0 degrees 52 minutes 20 seconds East a dlstonce
of .300.00 feet; thence North 89 degrees 52 minutes .35 seconds West,
parallel with sold south line of the Northwest Quarter, o distance of 457.00
feet to the point of beginning.
The center line of said easement is described as follows:
Commencing at the southwest corner of the above described property; thence
northerly along the west line of the above described property o distance of
72.00 feet; thence northwesterly, deflecting left 80 degrees O0 minutes 00
seconds, o distance of 50.00 feet to the point of beginning of the center
line to be described; thence southeasterly, deflecting left 180 degrees 00
minutes 00 seconds, o dlstonce of ..314.00 feet; thence northeasterly,
deflecting left 25 degrees 00 minutes 00 seconds, o distance of 105.00 feet;
thence northeasterly, deflecting left 13 degrees 00'minutes 00 seconds, o
distance of 150.00 feet and said center line there terminating.
c:hqlc\chaska\lcgal.cas
Document No.
A23o787
:'.: .. ~,~ ....... un~: 10104
Certified filed and recorded on 07-08-1998 at 01:30 E~] AM,,~'PM
07-08-98 ~
OFFICE OF THE
COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Z
t~
Z
m
m
Planning Commission Meeting - July 18, 2000
Conrad: That's what I'd be doing but anyway, that's worth the money I would think.
Pat McGraith: Actually I have one more question. They've credited me On the'allocation. They credited
me with that square footage and the acreage. The 34,000 square feet actually of $25,000 so wherever
they got their numbers, they gave me exactly the...square footage that's on there.
Aanenson: They would be the County.
Peterson: Alright, any further discussion?
Sacchet: A question Ladd, Mr. Chair. Are you saying that you would envision a condition on granting
this?
Conrad: It's pretty much up to the applicant to do that. If we would like him to pursue the vacation first.
Or vacating that property. That would have been my preference. Then we wouldn't have an issue. Now
there's nothing forcing that to happen. But I kind of agree that enforcing the ordinance on that piece is,
I'm not sure why I want to do that so I guess I'm probably in favor of the motion but I guess I would have
liked to have seen that, something happen with that paper street. And if we're committed to it, then
that's good.
Sacchet: It would be cleaner...
Conrad: I don't know what to do. I guess I'11, I guess I'll vote, or I'll support the motion as stated.
Peterson: Okay.
Kind moved, Sacchet seconded that the Planning Commission approve Variance #2000-10 to
permit a deck to encroach 8 feet into a 25 foot required front yard setback. All voted in favor and
the motion carried unanimously.
PUBLIC HEARING:
REQUEST FOR A CONDITIONAL USE PERMIT TO INSTALL A COMMUNICATION
ANTENNA ON THE CITY WATER TOWER AND A 17' X 17' EQUIPMENT BUILDING ON
PROPERTY ZONED PUD AND LOCATED ON OUTLOT A~ ARBORETUM BUSINESS PARK
2'~D ADDITION~ 2953 WATER TOWER PLACE~ SPRINT PCS.
Bob Generous presented the staff report on this item.
Peterson: Bob, I was trying to figure out how visible this building is going to be.
Generous: It's a 12 foot antenna on top of the tower.
Peterson: Yeah, I'm not talking about the antenna as much as the building. How visible is the building
going to be?
Aanenson: Oh, the building that's sitting on the ground?
24
Planning Commission Meeting - July 18, 2000
Peterson: I mean can you see it from road? My concern is that we're going to plop a god awful looking
building and try to hide it with some conifers.
Generous: Well actually it may be visible from the south because it is up on the hill but then we're going
to put in an office building or something to the south yet as that West 82nd Street develops.
Peterson: Are you comfortable that the building will be hidden well enough once the landscaping gets in
there and permanent?
Generous: That can be a condition of approval. If we use conifers that's 100, 365 days of screening.
Peterson: Depending upon the size.
Generous: Well if they're 8 foot conifers, that's as tall as the building.
Peterson: Okay. Other questions of staff'?.
Blackowiak: Yes Mr. Chairman. Bob, I talked to Kate earlier today and she said that there was going to
be a map of the cellular towers and I was concerned about any opportunities for co-location. I was
curious as to where we have cell towers now and are we making use of what we already have in place, or
is this an area which is under served?
Aanenson: Let me address that. It's hard to see in this map but what we've done is we put all the uses
that are on this map, the heights and locations. This is a different circumstance in the fact that we try to
locate them on existing facilities, whether it be a building or one of the city services. We've had some
requests for some of the well sites which we think is inappropriate because most of th°se are in
residential areas and because of the scale of this property, it's in an industrial park, we feel this is where
it should go. As Bob indicated this one, when we put together the PUD they did recommend the council
that they be a conditional use.
Blackowiak: Could other users go on this?
Aanenson: Yes. And that's where we'd want it to be first. Similarly, the one that we did at Holy Cross
has an opportunity for another provider. They're all out there looking. You're going to see another one
that's looking out there shortly. We are tracking where they are. Who's got co-location capabilities, but
our first choice is try to put them in an existing facility. For example one you won't be seeing is going to
Bandimere Park. That's on for the City Council. They're relocating the existing siren. They're moving
the siren back. Putting the siren on top of the monopole so accomplishing two objectives. So some of
those you won't see. Again if they're in a city park or on a city utility services, those are done by lease
agreement that goes strictly through the City Council. But we are still tracking where those are. So in
this, to answer your question, in this circumstance there is co-location abilities on the tower. And
sometimes they'll go on top. Sometimes they're panels around the side. Again that's an aesthetic thing
and that may be part of the reason why they're a conditional use on this with the sensitivity to the
Arboretum. So there could be other users on this facility.
Blackowiak: Okay, thank you. And Kate, could you pass that map around so we could just get a better
look at it.
25
Planning Commission Meeting - July 18, 2000
Peterson: Other questions of staff?. Would the applicant or their designee wish to address the
commissioners? Please come forward if you do.
Paul Harrington: Good evening. My name is Paul Harrington. I'm With Carlson & Harrington
Commercial Real Estate Services and I'm here representing Sprint PCS. I think Bob has captured the
intent of our request and that's certainly to locate on the city's water tower. As it was alluded to we,
Sprint at least tries to make every effort that they can to locate on existing structures in communities-
when they come in. The differences in height, the question referring to co-location opPortunities existing
after Sprint goes on the facility. Carriers would go on any height that they feel that they can propagate
their signal from to meet the demands of the area. In this particular case Sprint RF's engineers
determined that they need to be on the top of the tank in order to propagate the signal to cover the area
that they wanted to cover. But certainly numerous towers within the Metro area have multiple users on
them. So other than that I can certainly answer any questions you may have of me.
Peterson: Any questions of applicant?
Sacchet: Yes Mr. Chair. I don't know whether that's a question that's fair to ask him but if you have an
answer, I'd like to get an answer.
Peterson: Certainly.
Sacchet: Little further south on Highway 41 there's another water tower. Just across the border in
Chaska. And that water tower has next to it a tower for the PCS antennas and I'm just curious about two
things. Why aren't those other ones not on the tower and does it need that close one or is that a different
carrier? Different source provider that that pole is for. Do you know anything about that?
Paul Harrington: Number one, I know it's a different service provider. Number two. I probably
wouldn't want to comment on why the pole is there. I know there's other instances, down in Rosemount
there's a similar situation. Some communities want it done that way. Others have set the ordinance
where carriers are almost forced to do it that way. Rather than go on the water tower, it's an easier lane
to travel just building a tower on the city property so there's a couple of different factors that might enter
into it and I really haven't investigated that one so I don't know.
Sacchet: Well you answered my main question. It's a different carrier. That was the main part of the
question. Thank you.
Peterson: Other questions of the applicant? Thank you. Motion and a second for public hearing please.
Aanenson: I just have one comment Mr. Chairman. You asked a question earlier about...by these towers
and we do have that in our ordinance. What our ordinance says is any unused tower or associated facility
that...or abandoned has to be removed within 12 months so we do have that in the ordinance.
Peterson: Good, thanks. Motion and a second for public hearing please.
Sacchet moved, Sidney seconded to open the public hearing. The public hearing was opened.
Peterson: This is a public hearing. Anyoue wishing to address the commissioners, please come forward.
Kind moved, Sacchet seconded to close the public hearing. The public hearing was closed.
26
Planning Commission Meeting - July 18, 2000
Peterson: Commissioners, your thoughts on this please.
Kind: I think it's a great location. That's my comments.
Peterson: Enough for me. Is there a motion?
Blackowiak: I'll make the motion. I move that the Planning Commission recommends approval of
Conditional Use Permit #2000-4 to permit the installation of a communication antenna on the city water
tower and a 17 x 17 foot equipment building in the southwest comer of the site subject to the following
conditions, and these would be conditions 1 through 10 and I would like to, I just want to make sure I'm
getting this one. Modify condition number 7 or add to condition number 7 that the equipment building
be screened with appropriate materials to hide it from surrounding uses or surrounding neighbors and I'd
like to add condition 11. That the applicant must provide opportunities for co-location.
Aanenson: That's us.
Blackowiak: Well, I'd like to put that in there please.
Peterson: Is there a second?
Sacchet: I'll second.
Peterson: It's been moved and seconded. Any further discussion?
Blacko,viak moved, Sacchet seconded that the Planning Commission recommends approval of
Conditional Use Permit//2000-4 to permit the installation of a communication antenna on the city
water tower and a 17 x 17 foot equipment building in the southwest corner of the site subject to the
following conditions:
1. The antennas must be painted the same color as the water tower.
The applicant must notify the City of Chanhassen Utility Department at least 24 hours prior to
needing access to schedule an appointment to enter the water tower.
3. The applicant must enter into a lease agreement with the City of Chanhassen for use of the site.
The west and south walls of the building must be of one-hour fire resistive construction if located
less than 20 feet to the adjacent property lines.
o
The antennas and their attachment must be designed by a professional engineer licensed in the
State of Minnesota.
The applicant and/or their representative shall meet with the Inspections Division prior to
applying for a building permit to discuss plan review and permit procedures.
o
Tile applicant shall submit a landscape plan for City of Chanbassen approval prior to tile issuance
of a building permit. The equipment building shall be screened with approPriate materials
to hide it from surrounding uses or surrounding neighbors.
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Planning Commission Meeting - July 18, 2000
o
A bituminous parking area 10-12 feet wide shall be paved along both the west and east sides of
the proposed building to provide parking areas. The plans will need to be revised to address this
parking and drive aisle expansion requirement.
The contractor and all sub-contractors should be aware access to the water tower site will be
restricted. It will be necessary to contact the City's Utility Supt. A minimum of 24 hours in
advance to access the tower. In addition, the city will require the engineering firm of AEC to
inspect and supply a written report to the city of all welding/construction activities involved with
installation of the antennas at the cost of the applicant.
10.
The city has a private driveway agreement with these property owners, which should be reviewed
by the City Attorney's Office to see if the easement permits access rights to other parties.
11. That the applicant must provide opportunities for co-location.
All voted in favor and the motion carried unanimously.
PUBLIC HEARING:
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 12' X 28' EQUIPMENT
BUILDING AND AN 80 FOOT MONOPOLE TO BE LOCATED AT 275 WEST 79TM STREET~
AT&T WIRELESS SERVICES.
Public Present:
Name
Address
Warren Dunlap
Christopher & Dee Cox
Paul Hume
AT&T Wireless
222 West 78"' Street
7727 Frontier Trail
Cindy Kirchoff presented the staff report on this issue.
Pcterson: Cindy what, me being color blind and all. What color are the NSP power towers?
Kirchoff: Grayish bluish. The sky.
Peterson: What do we do about ongoing maintenance for the monopoles? Kate, you've got the policy
there. The ordinance. But like the NSP towers are generally pretty crappy looking.
Aanenson: Yeah. My understanding is through the, they do have an ongoing corporate agreement with
NSP for them using that and they are painting those as far as when we negotiate service agreement.
Franchise. That's the word I was looking for. Thank you. Franchise agreements. With this, it'd be the
same thing. It'd just be having to monitor those. Generally we get calls with that kind of issue but it will
take some maintenance. Ongoing.
Peterson: So I guess to clarify my color question, are they the same color? If they are the same color,
why wouldn't we want them the same exact color?
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