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5. CUP Request for Cellular Tower at 78 W. 79th St. US West CITY OF CHANHASSEH 5, - PC DATE: 2/19/97 3/5/97 CC DATE: 3110/97 CASE #: 97-1 CUP By: Generous:v STAFF REPORT PROPOSAL: Conditional use permit request to permit a 76 foot cellular communication tower and 288 square foot equipment building - " f ) j LOCATION: 78 West 78th Street APPLICANT: U.S. West NewVector Group, Inc. c/o Jayrnes D. Littlejohn Hessian, McKasy & Soderberg, P.A. 4700 IDS Center Minneapolis, MN 55402 (612) 330-3003 - ( PRESENT ZONING: BH, Highway and Business Services District ACREAGE: approximately 4 acres DENSITY: not applicable ADJACENT ZONING AND LAND USE: N - BH, vacant, railroad line; R -12, apartments north of railroad; City of Eden Prairie S - BH, Highway 5 E - lOP, Redmond W - BH, Chanhassen Office Complex ( - ~ J WATER AND SEWER: Available to site - - PHYSICAL CHARACTER.: The site is currently occupied by Lotus Lawn Garden Center, Inc. A wetland exists on the northern portion of the property. ) 2000 LAND USE PLAN: Commercial n'. fUUU ( .. I . .~.~a::o~r.'"" p . .,.. 7".~': .: . 7100 BsuBB!:r .. ., . . . -7200 '-' .A .... .. ...~. 1300 1SOO 7800 \ 3 lOP 7900 8000 0 0 0 0 CD (,C) ~ .. -8100 - 8200 D~D3 '" . . j ~ 8600 US West NewVector Group, Inc. February 12, 1997 Page 2 PROPOSAL/SUMMARY UPDATE This item was tabled at the February 19th Planning Commission meeting to allow City Council to review the proposed cellular tower to the west of this location. On February 24, 1997, City Council tabled the APT conditional use permit review to permit them to review both tower locations at the same time. Staff believes that of the two locations, the one behind the office building is the better location. Should the City Council approve this site for the tower, a co-location requirement should be added, the city should approve increasing the height of the tower to accommodate additional antennas, and landscaping be required to screen the area. The applicant is proposing a 76 foot tall cellular communication tower with twelve (12) directional antennas (4 per sector). The monopole is to have a galvanized finish, which tends to blend in better with the sky than other colors. Within this area, a 12 foot by 24 foot equipment building and a 20 foot by 15 foot fenced enclosure is being proposed. The prefabricated equipment building has an aggregate, neutral finish. According to ordinance, accessory buildings shall be constructed on wood, brick or stucco (Section 20-1514). The applicant indicated that they are flexible in the material selection. In order to comply with fire code, a service road must be installed for assessing the equipment building. The tower is proposed to be surrounded by a six foot fence with three strands of barbed wire at the top. The chain link fence is permitted in this district, however, City Code requires a separate conditional use permit for the use of barbed wire (Section 20-1018). The site for the proposed telecommunications tower is a garden center. The tower and equipment building are to be located along the eastern boundary of the property. The proposed tower and accompanying equipment building would compete with the dominate feature/use of this property. According to ordinance, a wireless telecommunication tower proposal shall not be approved until it is demonstrated that accommodations cannot be made on an existing tower within a one-half (1/2) mile search radius for towers between 120 feet and 80 feet in height (Section 20-1510). Although this proposal is 76 feet in height, that should not exempt the applicant from the responsibility of co-location. In terms of landscaping, screening is required by ordinance for the base equipment, but the applicant has not provided for any landscaping to be installed as part of the project. Plantings should be done along the sides to reduce the visual impact of the equipment. Landscaping would enhance the location and offer a softer alternative to the chain link fence, barbed wire, and windowless equipment building. US West NewVector Group, Inc. February 12, 1997 Page 3 Staff is recommending denial of the conditional use permit/site plan for the wireless telecommunication tower and equipment building. A more appropriate location for the telecommunication tower is co-location with the proposal located at 80 78th Street West. BACKGROUND In November 1996, the City of Chanhassen adopted Ordinance 259 pertaining to towers and antennas. This ordinance provided criteria for the design and location of wireless telecommunication facilities in the city. The city has been advised by wireless telecommunication companies that this area of the city is a dead zone for current service users. Part of the impetus for revision of the tower and antenna ordinance was this dead zone for wireless telecommunication. 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: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: Will be detrimental to general welfare of the neighborhood by changing the character of the site. The proposed tower and accompanying equipment building would become the dominate feature/use of this property. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is not consistent with the city's comprehensive plan, ordinance requirements for Highway 5 Corridor District or the tower ordinance.. The purpose of the Highway 5 Corridor requirements is to create a high quality site design, thereby identifying it as a special place with unique identity. The location of a tower in this location will negatively impact the aethetics of the corridor. The purpose and intent of the tower and antenna ordinance are to maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community, and; minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and or camouflage towers from adjacent public and private property. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. US West NewVector Group, Inc. February 12, 1997 Page 4 3. 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 tower does not comply with city ordinance requirements. The proposed tower and equipment building will alter the character of the general vicinity as it will become the dominate feature of the property. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed tower will not be hazardous to existing or planned neighboring uses. 5. 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 development is provided with adequate public services. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed development will not require excessive public services. The propsoed tower will be detrimental to the economic welfare of the community. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics ofthe community and, thereby, undermine economic value and growth. 7. 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 tower should not create conditions that are detrimental to persons property or the general welfare of the community. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed development will not interfere with traffic circulation. US West NewVector Group, Inc. February 12, 1997 Page 5 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not destroy or damage natural, scenic, or historic features. 10. Will be aesthetically compatible with the area. Finding: The proposed tower will not be aesthetically compatible with the area and would become the dominate feature on the site. 11. Will not depreciate surrounding property values. Finding: The proposed development should not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed development does not meet standards established for communication towers. . The equipment building is not screened from view by suitable vegetation and a service road is not shown for accessibility purposes. . The applicant has not documented that the tower is designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. In order to accommodate this requirement, the tower would need to be increased in heigh, exacerbating the negative impacts to the site. . 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 has not been submitted to the city. PLANNING COMMISSION UPDATE The Planning Commission held a public hearing on February 19, 1997 to review the proposed development. The Commission tabled the item to permit City Council to make a determination on the APT tower application scheduled for February 24, 1997. City Council tabled the APT application to permit them to review both towers on the March 10, 1997 City Council meeting. US West NewVector Group, Inc. February 12, 1997 Page 6 On March 5, 1997, the Planning Commission continued the hearing of the application for a conditional use permit for a cellular communication tower. The Planning Commission concurred with staffs analysis of the negative impacts that would result to the community by locating a tower on the proposed site. They further agreed that the property to the east of this site would be a better location for a tower. The Planning Commission voted five for and none against on a motion to recommend denial of the conditional use permit #97-1 and denial of the site plan for the 76 foot tower and associated equipment. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council denies conditional use permit 97-1 for a personal communication service (PCS) wireless telecommunication facility, including site plan, prepared by Design 1, dated 12/12/96, denial for a 76 foot monopole tower and associated equipment, at 78 West 78th Street for U.S. West NewVector Group, Inc. based on the following findings: 1. Will be detrimental to general welfare of the neighborhood by changing the character of the site. The proposed tower and accompanying equipment building would become the dominate feature/use of this property. 2. The proposed use is not consistent with the city's comprehensive plan, ordinance requirements for Highway 5 Corridor District or the tower ordinance. The purpose of the Highway 5 Corridor requirements is to create a high quality site design, thereby identifying it as a special place with unique identity. The location of a tower in this location will negatively impact the aethetics of the corridor. The purpose and intent of the tower and antenna ordinance are to maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community, and; minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and or camouflage towers from adjacent public and private property. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. 3. The proposed tower does not comply with city ordinance requirements. The proposed tower and equipment building will alter the character of the general vicinity as it will become the dominate feature of the property. US West NewVector Group, Inc. February 12, 1997 Page 7 4. The propsoed tower will be detrimental to the economic welfare of the community. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. 5 The proposed tower will not be aesthetically compatible with the area and would become the dominate feature on the site. 6. The proposed development does not meet standards established for communication towers. . The equipment building is not screened from view by suitable vegetation and a service road is not shown for accessibility purposes. . The applicant has not documented that the tower is designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. In order to accommodate this requirement, the tower would need to be increased in heigh, exacerbating the negative impacts to the site. . A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower ifan additional user agrees in writing to meet reasonable terms and conditions for shared use has not been submitted to the city. ATTACHMENTS 1. Development Review Application 2. Letter from Jaymes D. Littlejohn to the Planning Commission dated 1/3/97 3. Statement of Compliance with 12 General Standards for Conditional Use Permits 4. Letter from Jaymes D. Littlejohn to Richard Buckley, SBA, Inc. dated 1/28/97 5. Letter from Scott Peters to Robert Generous dated 1/28/97 6. Memorandum from Mark Littfin, Fire Marshall to Robert Generous dated 1/30/97 7. Planning Commission Minutes of2/19/97 8. Reduced Site Plan 9. Reduced Landscaping Plan 10. Planning Commission Minutes of 2/19/97 11. Letter from Marc L. Kruger to Robert Generous dated March 3, 1997 12. Letter from Marc L. Kruger to Robert Generous dated March 4, 1997 13. Planning Commission minutes of3/5/97 ~~ tCf~ '/ (/; , OITY OF CHANHABSEN 890 caUL TER DRIVE CHANHASSENI MN 55317 (8'2) e37-t8QO i I DEVELOPMENT REVIEW APPLICATION JAN 0 7 1391 elT'" n_ I \,.1, l,.,":..,.i ,~~ ".' '_N APPLlCANT:~ 9 WEST NewVector Group, Inc. c/o Jaymes D. LittleJohn Hessian, McKasy & Soderberg, P.A. A'DDRESS: 4700 ID.S Center. Mpls.. MN 55402 OWNeR~ :'otus Lake :arden Center, Inc. Corp. AOORES$: 78-78th Street West Chanhassen, MN 55317 TE1..EPHONE (Day time) 330-3003 TELEPHONE: f49-0726 I I 1. _ COmpMhet\8lve Plan Amendment .1. 11. Vaoatlon of ROW/Ealement. -I I 2...L- Cdhdltlonal Use Permit 4c[,. - ~ 12. Warlanoe -I 8.;- Or~dl~I~~cavatlon Perm" 13. _ retllnd Alteration Permit , ; , I ' I 4._ IMprlm Use Permit 14. _ ~nlno Appeal I ~. _ Pl4nned Unit Development 15. ~onlng Ordinance Amendment -I e. _ Re'1onlng I , i 7. _ 8ign Permits i 8._ 8~n Plan ~evl8w ~Not IlOatlon Slgne I c; D . I.l Site paftn ~evlew .2 -So. ,- .....lL t: lor Fling "BIIAIIom8V ~ $1 CUPISPRNACNARlWAP $4 Minor SUBlMetea & SOund. , O. _ $~bdl"'ISlo~ TOTAL F~e $ 500 00 I i I A 118t Of all propeny owner. wIthin 500 feet of the bOundarl8~ of the property must Inolud4d wlth1the application. i I . i . , I Twenty-six full alze folcftd ooPle. of the plans muat be 8ubmltted. . , aw' X 11" ReCluced copy of tren.parency for each plan ah~. · NOTE . When multiple appl~t10n& ar. processed. the appropriate tee ~hall be charged fer each application. .. Escrow will be required for other applications through the development contract i ~~OJEOT NAME M;INDOVETAIL Cell Site ,:~;- ~-~-:,p _Z_?.::-.l~J_h Street West LlibAL OeSORIPTION See Attached Exhibit A Wl1 PftESENTZONINCl BH - Highway and Business Services DiJtrict ! AEbuESTED20NINO BH (No chanQe) i pJ:leSENT LAND use DESIGNATION Ga rden Center I RBQUESTED LANO use OESIGNATION Garden Center and Com~ercial Communication Tower (Pole) I ReASON FOA THIS AEaUESTTo permit installation and op~ration of 76 feet monopole and, 12 feet by 24 foot equipment building for cellular Iservice. See attached letter. Thli applloatloh must be completed In full and be typewritten or clearly printed and must be aooor11)anled by all Information a~ plans reQUired by applicable City ()rdlnanoe provlslona. Before flljng thlt applloatlon, you should oonfer with the Pla~. nlng oePirtme. nt to determine the epeclflO ordinance and procedural, requIrements applicable to your application. Thl$ 18 to o&rtl th~t I flm making application for the de$cr/bed aotlon by ihe City and that I am re.pona/ble for complying WItt) all City... ulrements with raQard to this reQuest. This application 8~1d be processed In my name and I am the part~ whijm the OH .h~uld oontact regardln~ any matter pertaining to this applloatlon. I have attaohed a oopy of proof 01 o~9r8hlp (elt, er copy of Owner's Duplicate Cer1lflcato of Title, Abstra~ of Title or purchasG agrG9m&nt), Of I am the authorized parton to make thIs application and the f('e owner haa also 81pned this application. , I t WOI koep ~elf Informed Of the dea~lInes for subml8810n Of mater1all and the progress of this application. I funhel un~r8tand th*t addltlC)nal feea may beoharged for consulting feea, fea8/IbIl~Y studies, eto. with an estimate pr10r to an~ authorization i~ proceed with the Itudy. The document. and Information have submitted al'9 tnJA and oom~ot to tho ball of my knowledge, ' 111$0 unde~~nd _hat ~fter the approval or grantIng of the permit, .uoh ~ermlt8 B.hall be Invalid unles8 they afe r900rdec _0-'n8t the t~ to ih. property for whloh the approval/pennlt 18 granted wlthln 120 Clays with the Carver COunty fleoorderE OffICe and the orldlnal idOcument retumed to City Hall Recorda. : . ' I ~ lift I , ate ,I /h@ , PreSl ent / 0 el Pee PaId '{>f5lr: c~~ Receipt No. b,:;i.~4 i I Tne applicant 'hOUld contact ataU for a copy of the ataff repo" W~IOh will be avallablt on Friday prior to th. meeting. If nbt contacted, a copy Of the report will be mailed to the ;Ippllcant" .dd...... I I i ! AS TO: (Legal Description) Carver County That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distant 103.00 feet South, as measured along said West line from the Northwest corner of said Tract C; And that part of Tract D lying Easterly of the Southerly extension of the West line of said Tract C, Registered Land Survey No. 59, files of Registrar of Titles, all in Carver County, Minnesota. Hennepin County That part of the West 149 feet of the Southwest Quarter of Section 7, Township 116 North, Range 22 West of the 5th Principal Meridian, lying North of State Highway No.5 and which lies South of a line drawn East perpendicular to the West line of Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver County, from a point thereon distant 103.00 feet South, as measured along said West line, from the Northwest corner of said Tract C, Hennepin County, Minnesota. EXHIBIT 11 A" LAW OFFICES HESSIAN, MCKASY & SODERBERG PROFESSIONAL ASSOCIATION Minneapolis . Saint Paul . Washington, D.C. 4700 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2228 (612) 330-3000 Facsimile 371-0653 Jaymes D. Littlejohn (612) 330-3003 January 3, 1997 VIA MESSENGER Planning Commission and City Council City of Chanhassen c/o Ms. Kate Aanenson Planning Department 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Proposed Cellular Telephone Antenna Site 78 West 78th Street To the Commission and City Council Members: Accompanying this letter is a Development Review Application for a Conditional Use Permit for a cellular telephone antenna site proposed to be located at the above-referenced address. The application is in the name of the fee owners, Lotus Lake Garden Center, and of our client, U S WEST NewVector Group, Inc., who provides AirTouch Cellular service. AirTouch Cellular is one of two companies licensed by the Federal Communications Commission (FCC) to provide cellular telephone service to the City of Chanhassen and to the rest of the Twin Cities metropolitan area. Cellular telephone usage is on the increase in Chanhassen, and particularly in areas of high traffic concentration and business activity, such as in this section of Highway 5. The cellular telephone usage in this area has reached the point where the system is at its capacity, resulting in an interruption of service and a loss of calls in this area. Since you have recently completed an exhaustive study of the factors considered by companies providing wireless telephone service to Chanhassen, this letter will be limited to the facts specific to this site and to AirTouch's need for this installation to provide better cellular service to your community. Cellular Telephone Antenna Site 78 West 78th Street January 3, 1997 Page 2 The application is made to permit the addition of a new cellular telephone site on a portion of the property located at 78 West 78th Street, creating additional capacity to serve the increased demands of the area. AirTouch Cellular has entered into a lease with the owner of the site. The Proposed Use. We propose to install a cellular telephone antenna site approximately 150 feet from the front lot line of this site, near the eastern boundary of the subject property. Consistent with your newly adopted Tower and Antenna Ordinance, the proposal includes utilizing a monopole to support the antennas, the total height which will be 76 feet. We also propose building a small equipment building near the base of the monopole. The site plan and elevation drawings enclosed with this letter depict this proposed use, the property lines, existing structures, the required setbacks, and the setbacks for the proposed installation. Location and Zoning. This site is in the BH (Highway and Business Services) Zoning District. Under the new amendments to the regulations for the BH District, "Commercial Towers" are a conditional use under section 20-714(10) of the Zoning Code. As you can see, the setbacks for this installation comply with your new ordinance. Both the building and the monopole are setback from the wetland located on the northern portion of this property more than the 75 foot requirement. The same is true for the side and front setbacks. At 288 square feet, the building is within the size limitation set forth in section 20-1513 of the ordinance. Pursuant to section 20-1510(1), no co-location study is necessary for this site since AirTouch simply did not need a monopole that was 80 feet or taller. Indeed, the proposed monopole will be of a similar design and height as the high tension electrical transmission standards along Highway 5 at the southern boundary of the subject property. Access to the site will be from West 78th Street, through the parking lot for the Lotus Lawn and Garden Center. Many factors went into choosing this location. These include market factors, technical considerations, cellular grid size, zoning and land use compatibility, land forms or topography of the surrounding area, accessibility of the site, and land owner willingness to sell or lease. Indeed, this last factor has caused the need for this site to be changed from our original proposal made in August of 1996, before your zoning amendments were adopted. The Equipment Building. The equipment building will house radio, computer, and climate control equipment for this site. The site will be connected to our central switching office via traditional telephone lines. Each cellular antenna site requires extensive supporting electronic equipment in close proximity to the monopole. This equipment requires periodic maintenance. AirTouch engineers will visit the equipment structure about twice a month to insure that the equipment is working properly. As such, the operation of the cell site will not be an occupied use, and public facilities for refuse disposal or water and sewer systems will not be required. There will be no measurable impact on traffic or other conditions. Cellular Telephone Antenna Site 78 West 78th Street January 3, 1997 Page 3 The cell site is electrically powered and produces no noise, smoke, fumes, glare, or odor. The cellular telephone equipment which is located at our cell sites is powered with 200 amp, typical household power. The cell site is operated and monitored remotely. Our personnel in Minneapolis and in Bellevue monitor the site around the clock and are alerted by silent smoke, fire and forced entry alarms. The proposed use will not materially change the need for public services at this site. Cellular is a low-power system. The amount of energy generated from a cellular phone channel is typically about the same as a 100 watt light bulb. This is less energy than is generated by the typical cordless telephone which is in use in many homes today. The Monopole. The area in which cellular coverage is needed largely defines the required antenna height. Naturally, topography also plays a role in arriving at the appropriate height. The monopole and antenna is proposed to be coated with a galvanized finish like that used on most high tension transmission standards. However, the pole can be painted in any manner that the city chooses to best minimize its visual impact. AirTouch Cellular Service. The cellular mobile phone system operates on a specific set of channels set aside by the FCC. The filtering of spurious signals is very tightly controlled. Cellular telephones operate within a strictly regulated set of allotted frequencies between 835 and 897 megahertz, which were once used to provide UHF television signals in some areas of the country, although not in the Twin Cities. AirTouch Cellular is currently operating over 1,000 cellular antennas around the country with no case of unresolved television or radio interference reported. Naturally, the proposed site would be built in accordance with our FCC license to provide cellular service in this area. Users of cellular telephone service include members of the business community as well as the public sector. Doctors, builders, salespersons, business owners, and realtors all benefit by using cellular phones. Also, cellular telephone users can contact "911" to report accidents, fires, or other emergencies without first having to search for a telephone. Additionally, cellular telephones are extensively used by fire and police departments. The system allows police and other emergency response agencies to conduct private communication in the field. This can be important from the scene of a crime. Immediate, direct communication can also be made with other specialized agencies when a relay through a dispatcher would be cumbersome, and cause dangerous delays. Cellular telephones continue to function in areas where telephone wires are down because of tornados or ice storms, also aiding in emergencies. We have enclosed several articles that discuss the public safety aspects of cellular service. Increasing demand for cellular service has required AirTouch Cellular to search for a location for an additional antenna site in this area of Chanhassen. The need for this site is based upon the use of cellular phones in your city. At the present time, owners of cellular phones are experiencing lost connections, or "dropped calls," and they often may have trouble placing calls Cellular Telephone Antenna Site 78 West 78th Street January 3, 1997 Page 4 in the first place. Our communications engineers have performed field studies, and determined that in order to function properly, the new cell site must be located in the area of the subject property. The site will service an area about a mile and a half in radius from the site. Conclusion. If any reader of this letter has questions concerning the application, the drawings, or any other related matter, please feel free to contact me at the above address. Thank you for your consideration. Sincerely, HESSIAN, McKASY & SODERBERG, P.A. ) ( '\ /~: (, -~~=~~:~~~~~-> / "- Jaymes D.-Littlejohn Enclosures cc: Mr. Kent Sticha (w/o enclosures) 121207-1 0530200-008400 LAW OFFICES HESSIAN, McKAsy & SODERBERG PROFESSIONAL ASSOCIATION Minneapolis . St. Paul . Washington, D.C. .~~'()'11"'0""'7 J. L J l ,~ ~;, ...J J I 4700 IDS Center, 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 330-3000 Facsimile 371-0653 c'r: / ,,; !_; '. ,-",<, " ._..i 'J Federal Identification # 41-1751152 Jaymes D. Littlejohn (612) 330-3003 Januarj 28, 1997 Mr. Richard Buckley SBA, Inc. c/o Aerial Communications 1701 East 79th Street Bloomington, MN 55425 Re: Antenna Site Sub-Lease Agreement 80 West 78th Street, Chanhassen Dear Mr. Buckley: Thank you for calling me last week regarding the collocation request of my client, U S WEST NewVector Group, Inc., who provides AirTouch Cellular service. As you indicated, Mr. Wallace was mistaken as to the interest of Aerial APT in allowing my client to collocate at the above site. As we discussed, you are currently attempting to gain the landlord's consent to moving the lease area as set forth in the conditions proposed by the planning commission. Concurrent with that work, you agreed that you would obtain permission from the landlord to increase the size of your leased parcel to accommodate the 12 by 24 foot, AirTouch equipment shelter. I appreciate your stated intent to have these items taken care of so that the entire installation can be presented to the city council for consideration at its meeting on February 10, 1997. As I indicated, AirTouch's architect, Robert Davis of Design One, can provide you with elevations of the required equipment shelter, drawings for typical antennae (Ante I LPD-7905/8- EIA of which 12 are required) and all other information related to site design so that this information can be incorporated into your site plans. Design One's telephone number and address are: Mr. Richard Buckley January 28, 1997 Page 2 DESIGN ONE 9973 Valley View Road Eden Prairie, MN 55344 Telephone 903-9299; Fax 903-9292 In a letter that I received today from Mr. Wallace, he stated that "if AirTouch is not interested, APT would of course pursue co-location." Just so that there is no misunderstanding, AirTouch is committed to collocation at this site, as long as the landlord agrees to allowing our installation, the agreement contains standard terms, the antennas are mounted at a tip height of 78 feet, and AirTouch has 24 hour access to the shelter and monopole for maintenance and repairs. If you would like to discuss this further, please contact me at your convenience. . Sincerely, HESSIAN, McKASY & SODERBERG, P.A. /7(1 c/~~ Jaymes D. Littlejohn JDL/ cc: Mr. Robert Generous, City of Chanhassen Mr. John Wallace Mr. Mike O'Rourke Mr. Kent Sticha 125348-1 05302??-008400 t(t) Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 ~ ... ~, ~ January 28, 1997 Robert Generous City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Robert Generous: Subject: U.S. West New Vector Group: Conditional Use Permit Public Hearing Notice Review PH97-004 North Side of West 78th Street, 1/4 Mile East ofTH 101 Chanhassen, Hennepin County CS 1002 The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment regarding a Conditional Use Permit for a telecommunications tower at 78 West 78th Street. We have no major concerns regarding the application. However, we would like to take this opportunity to remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT right of way. . A Mn/DOT access permit is required for access to or across state highways or rights of way, including Mn/DOT owned frontage roads. A change in the intensity or type of use of an existing entrance also requires a permit. . A Mn/DOT stormwater drainage permit is required for any change in rate of runoff to trunk highway right of way, or any alteration of trunk highway stormwater drainage systems. . Any other use of or work within Mn/DOT right of way, including but not limited to grading, utility work, and landscaping, also requires a permit. The permit necessary depends on the nature of the proposed work. . If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be submitted to us for review, along with a site plan and grading and drainage plans if prepared. An equal opportunity employer Robert Generous January 28, 1997 page two Copies of proposed plats and site plans may be sent to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Questions regarding permit applications may be directed to Bill Warden of our Permits Unit at 582-1443. Please contact me at 582-1654 with any questions about this public notice review. Scott Peters Senior Transportation Planner/Local Government Liaison CITY OF CHAHHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Robert Generous, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: January 30, 1997 SUBJECT: Request for conditional use permit approval to allow a telecommunications tower at 78 West 78th Street. Site plan approval for a 60 foot monopole tower, 12 foot by 24 foot equipment building and a 6 foot chain link fence on property zoned highway and business (BH) district, US West New Vector Group, Inc. Planning Case: 97-1CUP. I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or City OrdinanceIPolicy requirements. The site plan is based on the available information submitted at this time. If additional plans or changes are submitted the appropriate code or policy items will be addressed. 1. Supply plans to the Fire Marshal that a service road is to be installed for accessing the equipment building. ML/be g: \safety\ml\plrevteletower ==-: z e-_ j ~ 0 p... z .rz:l E-< .... tr.l Q \ ~ 1 .U-.'" Cl i nil ~ II ~.. ;j ):! Z r.:l W I J E-o u ~ ~! ! ill; rn < rz:l rn Z == 0 E-o .... E-o 0 ~ 0 CI.l fj rz:l (~N]J.HV JO dll) .o-,SL < "'I;"' "ii&, NMllI'3'1i7J'I "'ii'" SMWr _.....~ ..::-::.: ::...~ ......1)., ___ _ ... ....------....... T N~IS3:a I""" ---I == ~ ... 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'..........srl~ GROUP OF' SEA SP7'8'-20' (I.OOC, COUNT - 1 ~"" Trl~). ~ I,; 1 \ \ -- $1-._=-== L ----;J!!fJl I 2EA. SPRUCE (1-9'/,:;,,) ___ ..... ___-- --: I . -- LOCusT TREE, 3.s'b. .. .. ~ ....--=---~ I ~ '\ ~'-~"H":.~ FLOWEAlHG CRAB. ~.'t>. ~_-.;~-::;;;;~.- ~ CREEN AS~ (1-6",1-8j -0-- _____:::::.;;:.-:-;-:.--~ 6th SIRH-l PIN Q,fJ(. 6 D. ..--0t-1&- ,_.-_.__...:-- \~It:'S1 7 - r"-_'-;:'::-"-~ ~ L.... ______ _____ ..--- - I . . - - STATE HIGHWAY 5 -. .-. -- -- ....- __0- -.. -- ...:.. ..~ --~--_. -- ~- - -' - - -" ..-- -- -- (f;)- LANDSCAPE PLAN MINDOVETAIL 78 W~ST 7BTH. STRrET CHANHASSE~I. MN 55317 OAC8 02-18-97 SCALE:: NOT TO SCAlE LAW OFFICES HESSIAN, MCKASY & SODERBERG PROFESSIONAL ASSOCIATION ;~~tGf;::i', ~ Minneapolis . Saint Paul . Washington, D.C. M.4R IJ ~ 1997 4700 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2228 (612) 330-3000 Facsimile 371-0653 Ci ! ~ ~.... \_ . "i .i1l- "-' ...;.::. r'.,~ Marc L. Kruger (6]2) 330-3060 March 3, 1997 BY MESSENGER Mr. Robert Generous Planning Department City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Re: U S WEST NewVector Group, Inc. (AirTouch Cellular) Proposed Cellular Telephone Antenna Site 78 West 78th Street Dear Mr. Generous: As you know, I am working with my partner, Jay Littlejohn, for our client AirTouch in connection with the City approvals required for the above-referenced project. In that regard, I am informed that members of the Chanhassen City Council have requested information on the location of other AirTouch Cellular cell sites in the vicinity of the above-referenced property. We have obtained a map showing the location of eight (8) other cell sites, which surround the subject property in all directions. The City Council has also expressed the desire for additional information about the selection of the subject property as the location for this cell site. Increasing demand for cellular service has required AirTouch Cellular search for a location for an additional antenna site in this area of Chanhassen. The need for this site is based upon the public's use of cellular phones in your city. At the present time, owners of cellular phones are experiencing lost connections, or "dropped calls," and they often may have trouble placing calls in the first place. Our communications engineers have performed field stllcl1es, allCl determined that in order to function properly, the new cell site must be located in the area of the subject property. The site will service an area about a mile and a half in radius from the site. If the antenna is located outside of the search area, it will not cover areas where users are experiencing difficulties with service, and it will interfere with reception in areas serviced by neighbonng antenna sites. Mr. Robert Generous Planning Department March 3, 1997 Page 2 That search area is along Highway 5, within a few blocks on either side of the boundary line between the City of Chanhassen and the City of Eden Prairie. Of course, the ability of AirTouch Cellular to enter into a lease agreement with the fee owner of the subject property is a paramount issue. As you know, the location originally selected, which is next door to the current proposed cell site, had to be rejected because the property owner decided not to entered into a lease agreement. The location also needs to be along or near Highway 5, where the demand for this additional cell site is generated; moving the cell site too far from this right-of- way significantly diminishes the effectiveness of the same. This location also has characteristics which make it particularly appropriate for this cell site. First, the subject property is adjacent to the iOP District. rather than any residential district, which makes this use more compatible with the uses in the surrounding properties. Second, the existence of several high tension elec.trical transmission line towers South of the subject property, along Highway 5, helps to blend the proposed tower into the environment at this location. Third, the elevations at the ~ubject property are materially higher than for properties to the West, which permits this tower to be no taller than 76 feet to satisfy the design criteria for the operation of this cell site. Please see that a copy of this correspondence is provided to the members of the Planning Commission for this Wednesday's meeting. Either Jay or I will be in attendance that evening, to provide whatever additional information may be reqUIred for the proper evaluation of the application of AirTouch Cellular for a Conditional Use Permit for this cell site. Sincerely, 6~K!er~J " Enclosure cc: Mr. Kent Sticha (v.;/o enclosure) 128347-1 0530200.00~4(X1 '.:\ ' .,Big Island .,Mahplyata Island ..,Crown Point J-od<e Point, ..,Gale Island Echo Bay .DeePhaven (ijj) .on Bay ,l..T \,,~, ""-""'.'~'-~f"~' " ; ,,'~- j~'~......_'"": I. ;.." uj' ,c ". _ ~:~) "~H~W~' , , ---.~ l .,~~, .., '~"f::. .~~nt Beacli ..sunrise Point , ~ --, .~, Witil<l~ ..GreenwQOCl',' , "' .f ; .~< -,',1- I';":.....~ " ,,-" , . Gitkon Bay ..,Solberg Point /: . T, Onka Bay .,~ excelsior ~ Sf A/bans Bay _.!-,.;,;"" 'J . ~'': .~cel~i!~r Tow;A::untryCiu;> . Mary La*f.t;,/. Galpin La~ Lake Linden /r ,.,,: . /' f ~-".;..... -- , .1" ._~,'~. . .j (, 1:; ~~ WingLaJ;.e l Cltristmas Lake Silve Lake La~ R~' -'- ....,;- ....-. ._, ~. - -. :--'" .". ~ Harrison Lake Lake Lucy Lak,Alm @ Wl Tower.... . zeltlne Hll::.eltine Lake - / -: /' -' ."". .'r,", ?'(~'~' ,-;/ ~^ . We~. - I I I Nyssens Luke ~ ~ ~6 DeLorme Street 'las USA o Carv r Beach (ijj) Duck Lake O/u.< Lake Round Lake . .!bc;:r~~' G) Tower"''' @ Mitchell Lake ulke Susan Rice ltQTSh Lake Red Rock Lake (ijj) Lai.1Ri/-.r " " " .,:';',~;'~' I' '~'C""';' / -'.::-.~~::.~~ .Oa Birc/' Is!" ~ p.~ .Ed Prairie ,..::~~-=. ~~ ,;~,..;::-:.,,::::--,-;.~,:,_.,:":.;;:;:::~~~:_~,,::::".,:: ~- -,.... lJDD" , J~:!~,.,c"".,c,"~~':... .:-:: >,;. I I _I I...... ...... I J \ \ '" /' \_- -- ,...;' /' (ijj) " ~ -::. (.,- (;1'\6 To~er ... - K08lrovich to> '" ."! , \\ , " ~.6.A.~ . ...."'_Tow8a_ h \' " ). 1. \\ \' .~ " ~iH1letog \\ /~ ,~~ Glen Lake . errace .' G) Mccoy Luke StaTjn~ L,ke ~ F1ymg Qoud 169 'I ,:;,:;~:::::.~;;;~:. . - ./ \.__/ LAW OFFICES HESSIAN, MCKASY & SODERBERG PROFESSIONAL ASSOCIATION r -" ~ ,... : , - 'l Minneapolis . Saint Paul . Washington, D.C. 4700 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2228 (612) 330-3000 Facsimile 371-0653 Marc L. Kruger (6) 2) 330-3060 March 4, 1997 BY FACSIMILE AND REGULAR MAIL Mr. Robert Generous Planning Department City of Chanhassen 690 Coulter Drive Chanhassen, Minnesota 55317 Re: U S WEST NewVector Group, Inc. (AirTouch Cellular) Proposed Cellular Telephone Alltenna Site at 78 West 78th Street Dear Mr. Generous: I have received the voice messages which you left for Jay Littlejohn last Friday and yesterday concerning the inquiry of the Mayor and the City Manager about potential locations along Quattro Drive for this cell site. I have spoken with Bob Kueppers, the consultant working for AirTouch Cellular in the selection of suitable locations for its cell sites, and I have learned from him that those Quattro Drive properties have been evaluated and were rejected, for a variety of reasons. Bob has provided 3. Memor:1l1dum to Jay Littlejohn which summarize~ his analysis for each of those properties (and the other properties in the immediate area, such as Lyman Lumber, which Bob also examined), and a copy of that Memorandum is enclosed. Please see that this Memorandum is included with the other materials to be provided to the Planning Commission for its meeting tomorrow night, and also forwarded to the Mayor and the City Manager, for their information. Thank you. Sincerely, 1~~\fe~~~- Enclosure cc: Mr. Kent Sticha (wi enclosure) 11Xho.'-1 (l'3l11(KI-(X)~~(KI MAR- 4-97 TUE 10:25 FAX NO, 6123495230 p, 02 I(UEPPERS HEAL ESTATI , DClVELOI'MHNTSIJRVICES pnol r,n 1If\:,El) CONSO I.TINe; MEMORANDUl!l TO: Jaymes Littlejohn Robert Kueppers FROM: DATE: March 4, 1997 RE: MIN DOVETAIL - Search Area Chanhassen, Minnesota In searching for sites for the above project I reviewed various possible antenna locations. The following are comments on some of those specific locations. Property Vacant land at Northwest corner of Dell Road and Quattro Drive Comment Property is high and close to single family residences to north and residential neighborhood to east. Also vacant sites are difficult to work with due to requir~ments of unknown future site development. MicroVision 7600 Quattro Drive This is a tightly developed site with building and parking areas and much of the balance of the site is steeply sloped. Also property is in near proximity to single family residences to north. Waytec 7660 Quattro Drive This is a fully developed site and is steeply sloped. Also property is in near proximity to single family residences to north. Quattro Club Headquarters 7700 Quattro Drive Owner was not willing to lease area for facilities. ONti l:IN,\NCIAI PlAZA 120 SOUTH 6TH S'lum,"!", SUI'l'U 2500 MINNliAPOLlS, MINNESOTA 554112 ()HICli (612)349-5212 FM'SIMJI.Il (612)349-523U MAR- 4-97 TUE 10:26 Property Ver-Sa-Til Associates 18400 West 77th street Automated Building Components! Lyman Lumber 18800 - 18900 West 78th street Redmond Products 18930 West 78th Street FAX NO, 6123495230 p, 03 Comment This property is fully developed with building and parking lots. Where there is open area it is either sloped and inaccessible or is treed or landscaped for outdoor eating area. Owner not willing to lease area for facilities. Owner not willing to lease area for facilities. CHANHASSEN PLANNING COMMISSION REGULAR MEETING MARCH 5, 1997 Chairman Peterson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Craig Peterson, Bob Skubic, Kevin Joyce, Allison Blackowiak, and Allyson Brooks MEMBERS ABSENT: Ladd Conrad ST AFF PRESENT: Kate Aanenson, Planning Director and Bob Generous, Senior Planner PUBLIC HEARING: U.S. WEST NEWVECTOR GROUP. INC. FOR A CONDITIONAL USE PERMIT APPROVAL TO ALLOW A TELECOMMUNICATION TOWER AT 78 WEST 78TH STREET AND SITE PLAN APPROVAL FOR A 76 FOOT MONOPOLE TOWER. 12' X 24' EQUIPMENT BUILDING AND A SIX FOOT CHAIN LINK FENCE ON PROPERTY ZONED HIGHWAY AND BUSINESS DISTRICT. Bob Generous presented the staff report on this item. Craig Peterson: Does the applicant wish to address the Planning Commission? Please state your name and address. Marc Kruger: My name is Marc Kruger and I'm with the law firm of Hessian, McKasy and Soderberg, representing U. S. West Cellular, Air Touch Cellular. I believe my partner Jay Littlejohn was before you last time and I believe he has adequately stated our case for this matter. But as a reminder it is our feeling that this is the most appropriate site for our tower in the search area that we have identified and the only one which will work for us with the height that we have proposed and we do believe that, contrary to the staffs recommendation and opinion as to the aesthetic appropriateness for this location that as a matter of fact this location between the two would be better because the property is in closer proximity to the high tension power lines that are located along Hwy. 5 and so for that reason would blend in better with that aesthetic with its location. We also believe that the property can be properly screened as far as the equipment building is concerned so that any concern about the equipment building being less visible at the office building site to the west, we believe could be handled through proper screening and we would be willing as staffhas recommended to provide appropriate landscaping for this screening purpose. As for the property to the west, we have been in contact with APT, the applicant for that site. Just today we received the proposed sublease agreement which would permit us, assuming we can reach terms and reach agreement on the document, to co-locate on that site and we are willing to co-locate on that site. As I believe Mr. Littlejohn has also mentioned before, we are willing to permit co-location on our site, our tower, at its current proposed height. By code would not require co-location and as far as APT is concerned, it would not be tall enough to permit co-locate Planning Commission Minutes March 5, 1997 although other users could use a tower of that height. In order to permit the use by APT on our site, of course the tower would have to be higher. Weare agreeable to co-location provided we could reach agreement with APT as to again the terms of sublease from us and also the terms for sharing the additional costs that would be incurred in constructing the tower. I believe you have the copies of materials I provided to Mr. Generous which address concerns Council has raised about this particular site selection as opposed to others in the search area and the immediate vicinity, which again, I believe indicates that this is the most appropriate available site for us in the area. With that I will answer any questions from the Commissioners. Craig Peterson: We talked about early on when we were doing the originally planning and zoning, ordinance planning I should say, that we didn't feel as though that the buildings would be required. I assume that this is an analogue site versus a digital site. Marc Kruger: That is correct. Craig Peterson: So this is kind of an interim. A building in reality probably won't be used in a reasonable period oftime if you move ahead to digital that doesn't require the building? Marc Kruger: Well, there is no commitment on the part of our client to move forward to that new technology. But yes, the building under the digital, building per se is not required. There is some equipment required but not a building certainly of this size. Craig Peterson: Have you done any studies as far as if you do move to the other location, what degradation of signal quality would be there if any? Marc Kruger: To move next door to 80 West 78th Street. There would not be any particular degradation of the signal. It's not so much, that site happens to fall within our area and it would not be a material change. We would have to construct a . . . well the height of the tower if we were to be a stand alone tower would have to be higher simply because the elevations at that site are lower. So practically speaking, we need to get to the same height that we are now and I am not certain how many additional feet in height that we would be in excess of the 80 feet minimum for the co- location requirement. Craig Peterson: Comments from Commissioners. Have any thoughts, questions, further statements? Kevin Joyce: Basically, I don't think that with that size of tower you could co-locate with anybody or anyone would like to co-locate with you. That's my opinion. I don't know the technology well enough to go past that but I have a feeling that if we were to approve the site, we would have two antennas. We would have one site over there at 80 West 78th Street and one site at 78 West 78th Street and I don't think that makes any sense. My preference would be one behind the building. I believe behind that building at 80 West 78th Street is behind the building. A little less dominant 2 Planning Commission Minutes March 5, 1997 feature in the framework of the neighborhood there and I feel this particular site would playa very dominant feature. Your eye, I think, would tend to go toward it, with the high tension wires. You would have a bunch of antennas right there kind of congregated together in that area. So I am going along with staffs finding and suggest denial. Alison Blackowiak: I agree with what Kevin has said. I don't think we need two in that neighborhood. I think that both companies should work together to decide on a single site and work for co-location. Bob Skubic: I agree with staffs recommendation also. I feel that the equipment building will be better screened at the site to the west of this and let policy make the decision. Allyson Brooks: I agree with Kevin and Allison. I think one tower is better than two towers and the least invisibly intrusive tower would be the better one. Craig Peterson: I really have no further comments from my fellow commissioners either. With that in mind, may I hear a motion? Joyce moved, seconded by Brooks, to recommend denial of Conditional Use Permit #97-1 for personal communication service (PCS) wireless telecommunication facility, including site plan, prepared by Design 1, dated 12/12/96, denial for a 76 foot monopole tower and associated equipment, at 78 West 78th Street for U.S. West NewVector Group, Inc. based on the findings tor conditional uses contained in the report and the discussion tonight. All voted in favor and the motion carried. 3 Item #5 This item will be heard by the Planning Commission on Wednesday, March 5, 1997. An update will be delivered to you on Thursday, March 6.