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T-Mobile CUP Proposal for North Lotus Lake PArkNorth Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 1 CONDITIONAL USE PERMIT APPLICATION STATEMENT OF PROPOSED USE AND PROJECT DESCRIPTION NEED FOR INCREASED COVERAGE IN CHANHASSEN T-Mobile USA is the United States operating entity of T-Mobile International AG, the mobile communications subsidiary of Deutsche Telekom AG (NYSE: DT). Deutsche Telekom is one of the largest telecommunications companies in the world, with nearly 120 million customers worldwide. T-Mobile USA’s headquarters are located in Bellevue, Washington with a Minnesota office located at 8000 W 78th St in Minneapolis, Minnesota. In 2006, the usage of cell phones met and then exceeded landline phone usage and is now the primary way Americans communicate by phone. One out of every eight American homes (13.6%) had only wireless telephones during the first half of 2007; that number jumped to nearly one out of every six (15.8) during the second half of 2007. To keep pace with the dramatic increase in consumer demand on wireles?s networks in more residential areas, T-Mobile USA, Inc. (“T-Mobile”) is making a committed effort to remedy and fill in areas experiencing spotty coverage, poor call clarity and dropped calls. The expanding wireless infrastructure is vital in providing quick assistance when emergency situations arise. T-Mobile typically handles more than 60,000 emergency 911 calls everyday across the country and the caller location system called Enhanced 911 (“E911”) is providing better connection between the emergency responders and distressed wireless callers. E911 ensures that each emergency wireless call is routed to the most appropriate dispatch call center while also providing a call-back number to the dispatcher as well as information about the approximate location of the distressed caller. To fully support the E911 system capabilities and to enhance public safety in the residential neighborhoods in northeast Chanhassen, T-Mobile’s radio frequency engineer has selected North Lotus Lake Park as the best location option within TMobile’s desired coverage radius. T-Mobile and its affiliates have acquired licenses from the Federal Communications Commission (“FCC”) to provide personal wireless service throughout the United States. These licenses include the City of Chanhassen and the remainder of the Minneapolis–St. Paul metropolitan area, as part of an integrated nationwide network of coverage. LOCATION AND DESCRIPTION OF PROPERTY The subject of the Conditional Use Permit application is North Lotus Lake Park, located at 295 Pleasant View Road, Chanhassen, Minnesota 55317. North Lotus Lake Park is legally described as Outlot B, Section 1, Township 116, Range 023 and is also identified as Plat 25558, North Lotus Lake Addition. North Lotus Lake Park is zoned as a RSF, Residential Single Family District. T-Mobile is proposing to replace the sixty-five foot (65’) tall light pole and lease ground North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 2 space near the southwest corner of the ice rink at North Lotus Lake Park. The proposed location is approximately one-third (1/3) of a mile west of West 192nd Avenue and approximately one-half (1/2) of a mile south of Chanhassen city limits. PROPOSED TOWER T-Mobile Central LLC is proposing to erect an eighty foot (80’) tall wireless communications tower to enhance T-Mobile’s digital network in Chanhassen’s residential neighborhoods surrounding North Lotus Lake Park. The proposed tower is a monopole, which will be composed of galvanized steel and if the City chooses it will be treated with a Cor-Ten® finish to give it a cinnamon brown color. T-Mobile’s antennas are to be enclosed in a canister and mounted with a centerline elevation of seventy-three feet, six inches (73’ – 6”). The monopole is designed to structurally support the collocation of an additional carrier’s antennas with a centerline elevation of fifty-four feet (54’). Additionally, a four (4) foot tall lightning rod will be attached at the top of the monopole. The monopole will be designed in accordance with the Electronic Industries Association Standard EIA-222-F, “Structural Standard for Steel Antenna Towers and Antenna Supporting Structures.” This standard is modeled after the ANSI A58.1 standard, which is now known as ASCE-7. A monopole is theoretically designed to collapse upon itself in the event of an unlikely tower failure. For further information on tower fall zones, please see Exhibit G: Professional Engineer Letters Regarding Tower Fall Zones. T-MOBILE’S ACCESSORY EQUIPMENT T-Mobile’s accessory equipment will be located near the southwest corner of the outdoor ice rink in North Lotus Lake Park. Since the monopole and equipment will be located in a park area, the equipment will be completely enclosed by a ten by twelve foot (10’ x 12’) shelter building. The building will only be accessible via a heavy security door. The building will be composed of aggregate-stone material, sandy/beige in color, and designed to blend in with the other park facility structures at North Lotus Lake Park. TYPICAL PROCESS FOR SITE LOCATION When T-Mobile becomes aware of a need to increase coverage in a specific area, Radio Frequency (RF) engineers generate propagation studies to determine the location needs specific to the area such as the required height and desired latitude and longitude. In determining site requirements, T-Mobile’s RF engineers consider the area’s topography, the location of existing antenna towers, surrounding obstructions and coverage and capacity needs. RF engineers then identify the Search Ring which is a geographic area which potential sites may be located to effectuate the maximum amount of coverage to the desired area. Once the Search Ring is identified, T-Mobile employs a site acquisition specialist to locate the possible sites within the Search Ring. The site acquisition specialist first looks for existing towers within the search ring where T-Mobile can collocate its antennas. Collocation on an existing tower is preferred because it cuts the cost of new construction and minimizes the number of towers in a local zoning jurisdiction. If no existing towers are available for collocation North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 3 within the Search Ring, the site acquisition specialist then looks for the best option for locating a new tower that will satisfy the local zoning requirements and that can be easily camouflaged in the surrounding area. In planning for the construction of the new tower, T-Mobile’s construction architects and engineers, design a tower that will allow for future collocation of an additional wireless carrier’s antennas. SELECTION CRITERIA FOR NORTH LOTUS LAKE PARK SITE After receiving many complaints about gaps in cellular coverage from customers living in the surrounding residential neighborhoods, a propagation study was generated by T-Mobile’s RF engineers. The study identified the need for in-home coverage in the northeast residential area of Chanhassen, especially in-home coverage to the residential areas surrounding North Lotus Lake Park. A map of the desired coverage area for this Chanhassen Site can be viewed at Exhibit H: Search Search Ring Map. North Lotus Lake Park was selected for its location near the center of the issued desired coverage area and also to meet the zoning regulations of the City of Chanhassen. T-Mobile and the site acquisition specialist met with representatives from the Planning Department and the Parks Department to come up with a location and a tower designed to meet the zoning requirements and T-Mobile’s needs, but also a structure that would minimally impact the aesthetics and recreational use of North Lotus Lake Park. The proposed monopole and equipment building have been designed to blend in with the park setting and also to discourage park users from playing on T-Mobile’s equipment. The North Lotus Lake Park location is a desirable area for the future collocation of an additional carrier, while also meeting T-Mobile’s needs to provide better service to residents and visitors to the community. TYPICAL ACTIVITY AT A T-MOBILE SITE LOCATION The proposed antenna and equipment will not be staffed on a daily basis. Upon completion of construction, the site will require only infrequent site visits (approximately one to four times a month). Access to the property will be via a fifteen foot (15’) wide access easement over the existing access roadway. The site will be entirely self-monitored and is connected directly to a central office where sophisticated computers will alert personnel to equipment malfunction or breach of security. For purposes of security and safety, the ten feet (10’) by twelve feet (12’) leased equipment area located near the southeast corner of the ice will be completely enclosed in a ten by twelve foot (10’ x 12’) building with a heavy security door as proposed in the site plan. To review the proposed site plan, please see Exhibit E: Professional Engineer Site Plan and Elevation Drawings. BUILDING AND CONSTRUCTION STANDARDS The proposed facilities will be designed and constructed to meet applicable governmental and industry safety standards. Specifically, T-Mobile will comply with all FCC and FAA rules regarding construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC which sets and enforces very conservative, science-based RF emission guidelines to protect public health. T-Mobile operates all its wireless facilities well below FCC requirements. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 4 CONCLUSION T-Mobile looks forward to working with the City of Chanhassen to bring the benefits of seamless wireless coverage and enhanced E911 capabilities to its residential neighborhoods. The addition of this site will ensure uninterrupted superior wireless service to the residential neighborhoods around North Lotus Lake Park and therefore provide greater competition in the marketplace. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 5 CONDITIONAL USE PERMIT APPLICATION APPLICABLE ORDINANCE The City of Chanhassen’s City Code specifically governs the location, height, and construction of Communication Towers. The applicable zoning ordinance and submittal requirements are located in the City Code and Zoning Ordinances, Chapter 20, Article XXX: Towers and Antennas; Sections 20-1500 through 10-1522. Please find below in bold text, Chanhassen’s Towers and Antennas ordinance, and in italicized text, an explanation of how TMobile’s proposed antenna installation complies with each section of the ordinance. Sec. 20-1500. PURPOSE AND INTENT. The purpose of this ordinance is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the city. The city finds it necessary to adopt standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The council finds that these regulations are necessary to: (1) Establish standards which permit a reasonable and equitable opportunity for the establishment of wireless telecommunication services in the city; T-Mobile agrees with the goals of the City Council of Chanhassen and strives to achieve the above objectives in constructing a successful tower site. Increased cell phone coverage and enhanced digital service will provide the North Lotus Lake Park neighborhood and surrounding communities the added protection and safety of enhanced 9-1-1 service and less dropped calls in case of emergency situations. (2) Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; T-Mobile’s tower is theoretically designed to collapse upon itself in unlikely event of tower failure. T-Mobile’s proposed tower complies with the setback requirements and structural standards as set forth below, to further ensure that adjacent properties will not be damaged if the monopole were to collapse. The proposed facilities will be designed and constructed to meet applicable governmental and industry safety standards so that the tower will not adversely impact public safety. (3) 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 T-Mobile’s tower is designed to structurally support the future collocation of an additional carrier. By planning for the collocation of an additional carrier, T-Mobile is working with the City to reduce the need for the construction of a new tower in the future. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 6 (4) Minimize adverse visual effects of towers through careful design and siting standards which attempt to screen and/or camouflage towers and antennas from adjacent public and private property. (Ord. No. 259, § 1, 11-12-96) T-Mobile has met with representatives from both the Planning and Parks Departments to agree on a location and building plan that will complement the existing structures at North Lotus Lake Park and to minimize the visual impact to the park setting and adjacent private property. Sec. 20-1501. FINDINGS. The city finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of wireless telecommunication facilities be controlled. Further, the city finds [that]: (1) Towers and antennas have a direct impact on, and a relationship to, the image of the community; (2) The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community; (3) A reasonable opportunity for the establishment of wireless telecommunication must be provided to serve residential and business needs; and (4) Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and thereby undermine economic value and growth. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1502. BUILDING PERMITS. (a) It shall be unlawful for any person, firm, or corporation to erect, construct, replace, reerect, or repair any tower without first making application for and securing a building permit as provided in this ordinance. T-Mobile will fully comply with the City of Chanhassen’s building and inspection requirements as well as all state building code construction standards. This includes making application for and securing a building permit for the purpose of constructing a telecommunications tower. (b) The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Code requirements. At the time of making application for a building permit, T-Mobile will include all required and also sufficient information, including the construction drawings and an indication of the installation and maintenance requirements. T-Mobile will comply with all FCC and FAA regulations including construction requirements, technical standards, interference protection, power and height limitations, radio frequency standards and also all applicable Uniform Building Code requirements. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 7 (c) Permits are not required for: (1) Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. At this time, T-Mobile is not making an application for the adjustment or replacement of antennas. T-Mobile is proposing the construction of a new tower to replace the existing light pole at North Lotus Lake Park. The antennas and existing ice rink lights will be mounted in compliance with all building requirements and in a manner so that the tower and antennas will be structurally sound. (2) Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pickup operations, provided that the antennas or towers are not located on public rights-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pickup operations shall be removed within 72 hours following installation.(Ord. No. 259, § 1, 11-12-96) At this time, T-Mobile is not proposing the temporary erection of a tower. T-Mobile is proposing the construction of a permanent structure. However, this replacement light pole will be constructed so as not to encourage unauthorized climbing and will not be located within a public right-of-way. Sec. 20-1503. HEIGHT RESTRICTIONS—DETERMINATION: MAXIMUM HEIGHT (a) Height determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. T-Mobile’s proposed monopole will be eighty feet (80’) from the tower’s point of contact with the ground to the highest point of the tower. However, a four (4) foot tall lightning rod will be attached to the top of the tower. Therefore the total height of the tower, including the lightning rod, is determined to be eighty-four feet (84’). (b) Maximum height. Except as provided in the following section, maximum heights for towers shall be as follows: (1) In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be 80 feet. North Lotus Lake Park is located within a RSF – Residential Single Family District. The total determined height of the proposed tower, including the four foot lightning rod, is eighty-four feet (84’) which exceeds the maximum allowed height on a residential zoned property. However, the following section 20-1504(1) of this Article allows for twenty-five feet (25’) of additional height for towers which are designed to accommodate more than one user. In addition to TMobile’s antennas, the proposed monopole is designed to accommodate the antennas of one additional carrier and also the existing ice rink lights will be remounted on the new pole. (2) In all nonresidential zoning districts the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 150 feet. The city council may allow towers up to 200 feet high if the applicant can demonstrate that, based upon the North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 8 topography of the site and surrounding areas, antenna design, surrounding tree cover and structures and/or through the use of screening, off-site views of the tower will be minimized. (Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 152, 5-24-04) The proposed location at North Lotus Lake Park is in a residential zoning district. Therefore, for purposes of this application the above section regarding nonresidential zoned properties does not apply. Sec. 20-1504. SAME--EXCEPTIONS. The following are exceptions to the maximum height restrictions for towers: (1) Multiuse towers designed to accommodate more than one user may exceed the height limitations of section 20-1503 by up to 25 feet. T-Mobile is proposing to install a multiuse tower, of a monopole design, that will accommodate T-Mobile’s antennas and the antennas of one additional wireless carrier. Also, the existing ice rink lights, which are currently mounted on the light pole to be replaced, are to be remounted on the new pole at the same height of sixty-five feet (65’). Therefore, the proposed monopole meets the multiuse tower exception to the maximum allowed height of eighty feet (80’) on a residential zoned property. The tower that T-Mobile is proposing to construct is to be eighty feet (80’) in height with a four foot tall lightning rod attached at the top, for a total determined height of eighty-four feet (84’). (2) Antenna devices over 80 feet in height which are attached to an existing structure and not freestanding may be located in residential zoned districts under the following conditions: T-Mobile’s proposed tower will be freestanding and will not be attached to an existing structure. Therefore the above exception for towers which meet the conditions below does not apply for purposes of this application. a. Antennas are located upon existing or proposed structures allowed as principal or conditional uses in the underlying zoning district and/or upon public structures. b. Antennas are limited to a height of 15 feet projecting above the structure. The city council may permit antenna heights of up to 25 feet above the structure if the applicant can demonstrate that, by a combination of antenna design, positioning of the structure and/or by screening erected or already in place on the property, off-site views of the antenna are minimized to acceptable levels. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1505. SETBACKS. Towers shall conform with each of the following minimum setback requirements: (1) Tower shall meet the setbacks of the underlying zoning district with the exception of industrial and business zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or business zoned district and the tower does not encroach upon any easements. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 9 North Lotus Lake Park is zoned as RSF – Residential Single Family District and all adjacent properties are also within the RSF District. The minimum setback requirements in the RSF District are thirty feet (30’) in the rear and front years and ten feet (10’) for the side yards. The proposed location of the tower base and equipment are well within the minimum setbacks of the underlying zoning district. The above allowance to encroach into the rear setback area for properties that abut an industrial or business zoned district does not apply for purposes of this application. (2) Towers shall maintain a minimum setback of ten feet from all property lines. The base of the proposed tower is located more than ten feet (10’) from all adjacent property lines. (3) For sites that are adjacent to parcels developed, guided, or zoned for residential use, setbacks shall be equal to the height of the tower. North Lotus Lake Park is zoned as RSF – Residential Single Family District and all adjacent properties are also within the RSF District, therefore the setback requirement from all adjacent property lines is equal to the height of the tower. The total height of the tower including the attached lightning rod is eighty-four feet (84’). Therefore the base of the proposed tower must be set back a distance of eighty-four feet (84’) from all adjacent property lines. The nearest property line to the proposed tower base is approximately one-hundred seventy feet (170’) to the west (335 Pleasant View Road) of the tower base. The proposed tower will be set back approximately two feet for every foot of the tower’s height. The proposed tower meets the required setback for sites adjacent to parcels zoned for residential use. (4) Towers shall be set back from all planned public rights-of-way by a minimum distance equal to one-half of the height of the tower, including all antennas and attachments. The public right-of-ways located nearest to the base of the proposed proposed tower are Pleasant View Way and Pleasant View Road, on the west side of the residential property (335 Pleasant View Road). Both right-of-ways are located more than three hundred feet (300’) from the base of the proposed tower. The height of the proposed tower with attached lightning rod is eighty-four feet (84’), so the minimum setback distance would be forty-two feet (42’). Therefore, the proposed tower meets the minimum setback requirement from all planned right-of-ways. (5) Towers shall not be located between a principal structure and a public street. North Lotus Lake Park is a recreational park with facilities. There is a picnic shelter, softball and soccer fields, tennis courts, a walking path and the ice rink. The proposed tower will not be located between any of these principal structures and a public street. It is to be located near the southeast corner of the ice rink and there are no public streets between the south side of North Lotus Lake Park and Lotus Lake. Therefore, the proposed tower meets the above location restriction. (6) A tower's setback may be reduced, or its location in relation to a public street varied, at the sole discretion of the city council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 10 The proposed tower is to be integrated into an existing light pole at North Lotus Lake Park and therefore would meet the above allowance for a setback reduction. However, the location of the proposed tower is well within the above setback requirements for properties located in a residential zoning district. For purposes of this application, T-Mobile is not asking for a reduction of the setback requirements to locate the proposed tower. (7) No tower, antenna, or accessory structure shall be located in a wetland or within the wetland setback. The south region of North Lotus Lake is considered a wetland, the proposed equipment and monopole are not within the wetland area depicted on the parcel map included as Exhibit D. (8) In a residential district, the required setback from a property line for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground. (Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 153, 5-24-04) T-Mobile’s proposed tower will be freestanding and will not be attached to an existing structure. Therefore the above allowance for reduction of setbacks which meet the conditions above does not apply for purposes of this application. Sec. 20-1506. TOWERS IN RESIDENTIALLY ZONED DISTRICTS. Towers to be located in residentially zoned areas are subject to the following restrictions: (1) Towers supporting amateur radio antennas shall conform to all applicable provisions of section 20-915 of the City Code. T-Mobile is licensed by the Federal Communications Commission (“FCC”) to provide personal wireless service throughout the United States and therefore the above restriction of towers which support Amateur Radio Antennas does not apply for purposes of this application. (2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: a. Church sites, when camouflaged as an architectural feature such as steeples or bell towers; b. Park sites, when compatible with the nature of the park; and c. Government, school, utility, and institutional sites. T-Mobile is proposing to locate a personal wireless service tower on North Lotus Lake Park property which is residentially zoned and adjacent to residentially zoned properties in all directions. North Lotus Lake Park is a park site as allowed above. While in the process of designing and locating the proposed monopole, T-Mobile has taken into consideration the nature of North Lotus Lake Park, which is a neighborhood park with picnic shelters, softball and soccer fields, tennis courts, a walking path and an ice skating rink. T-Mobile desires to construct a North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 11 monopole and equipment that will not interfere with park users’ enjoyment or safety. The integration of the proposed tower into an existing light pole meets the requirement of being compatible with the nature of the park. T-Mobile is making this application for a conditional use permit in order to locate the proposed personal wireless service tower in a park site and to replace the existing ice rink light pole structure. (3) Only one tower shall exist at any one time on any one residential parcel with the exception of towers designed to replicate an existing structure. (Ord. No. 259, § 1, 11-12-96) At this time there is no existing personal wireless service tower located on the North Lotus Lake Park property and T-Mobile is not aware of any plans for another tower on the property. T-Mobile meets the above limitation of only one tower per any one residential parcel, and the proposed tower has been designed to replicate the existing ice rink light pole to minimize the visual impact to the park. Sec. 20-1507. MULTIPLE PRINCIPAL USES AND STRUCTURES IN SINGLE LOT. For the purposes of this ordinance, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this chapter. (Ord. No. 259, § 1, 11-12-96) The principal use of North Lotus Lake Park is a neighborhood/public park and the proposed tower meets the requirements as set forth in this chapter regarding placement of a telecommunications tower in a park site and also a residentially zoned parcel. Sec. 20-1508. CONSTRUCTION REQUIREMENTS. All antennas and towers erected, constructed, or located within the city shall comply with the following requirements: (1) All applicable provisions of this Code. The proposed tower has been designed in compliance with the provisions of this Code. (2) Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the electronics industry association and all other applicable reviewing agencies. The proposed tower has been designed and certified by a qualified and licensed professional engineer to conform to current structural standards and wind loading requirements of the Uniform Building Code and the electronics industry association. (3) With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. The proposed location of the tower in relation to the necessary electric and telephone service connection lines will not make it necessary to extend any cables, equipment, lines, wires or braces across any right-of-way, public street, highway, sidewalk or property line. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 12 (4) Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. T-Mobile’s towers and antennas are designed to conform to all accepted electrical engineering methods and practices and will be in compliance with the provisions of the National Electrical Code. (5) All towers shall be constructed to conform with the requirements of the occupational safety and health administration. T-Mobile’s towers and equipment facilities are in strict conformance with the requirements of the occupational safety and health administration. (6) All towers shall be protected against unauthorized climbing. The proposed tower is designed to discourage unauthorized climbing. No climbing pegs will be available to unauthorized persons to attempt to climb the tower. Furthermore, the diameter of the monopole is large so that a even a large person would not be able to grip the structure and attempt to climb it. (7) Metal towers shall be constructed of, or treated with, corrosive-resistant material. The proposed monopole shall be constructed of galvanized steel and if the City desires, the steel monopole will be treated with a Cor-Ten® finish. Cor-Ten® finish is a corrosiveresistant material that will oxidize the steel to a dark brown, cinnamon color that will not require further painting or maintenance. T-Mobile has presented both materials to the City Planner, a representative of the Parks District and also the City Administrator to make a determination on which type of treatment would best blend in with the existing structures at North Lotus Lake Park. (8) The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. (Ord. No. 259, § 1, 11-12-96; Ord. No. 377, § 154, 5-24-04) T-Mobile will comply with all FCC and FAA regulations including but not limited to the construction requirements, technical standards, interference protection, power and height limitations and radio frequency standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC which sets and enforces very conservative, science-based RF emission guidelines to protect public health. T-Mobile operates all its wireless facilities well below FCC requirements. Sec. 20-1509. TOWER AND ANTENNA DESIGN. Proposed or modified towers and antennas shall meet the following design requirements: (1) Towers and antennas, including supporting cables and structures shall be designed to blend into the surrounding environment through the use of color, camouflaging, and North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 13 architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall have either a galvanized finish or be painted a noncontrasting color consistent with the surrounding area, such as blue, gray, brown, or black finish. T-Mobile has taken into consideration the City of Chanhassen’s concern of any visual impacts on North Lotus Lake Park and the surrounding neighborhood. T-Mobile’s site acquisition specialist and construction and design persons have meet together with representatives from the Parks and Planning Departments to come to agreement on a design that blends in with North Lotus Lake Park. An additional concern of the City was that the equipment be located in a building that will blend in with the other structures at the Park and that would not draw the attention of park users. T-Mobile is proposing an accessory equipment building of a light tan aggregate/stone finish. The material will be low maintenance and would not fade from exposure to sun light over time. The construction of a building to house the equipment also offers the advantage of higher security and discourages park users from climbing. To minimize the Park Department’s lawn maintenance, there will be sufficient space between the equipment building and the boards of the ice skating rink to allow for the width of the lawn mower. As for the design of the monopole, the pole will be composed of galvanized steel and depending on the City’s preferences the monopole may also be treated with a Cor-Ten®. Over time, if treated with the Cor-Ten® finish, the steel will oxidize to a dark brown, cinnamon color that will blend in with natural wooden poles and trees. The oxidization will then protect the core strength of the steel pole and will not require future painting or maintenance. T-Mobile desires to construct a personal wireless tower that will not interfere with the enjoyment or safety of residents who visit North Lotus Lake Park. (2) Commercial wireless telecommunication service towers shall be of a monopole design, unless the city council determines that an alternative design would better blend into the surrounding environment. (Ord. No. 259, § 1, 11-12-96) T-Mobile is proposing a stealth monopole design with canister-enclosed antennas that would best blend in to the surrounding park area. The eighty foot (80’) monopole will replace the existing sixty-five foot (65’) light pole near the southwest corner of the ice rink and the lights from the existing pole will be remounted on the replacement monopole. Sec. 20-1510. CO-LOCATION REQUIREMENTS. All personal wireless communication towers erected, constructed, or located within the city shall comply with the following requirements: (1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; towers under 80 feet are exempt from this requirement) of the proposed tower due to one or more of the following reasons: T-Mobile’s site acquisition specialist has searched and is unaware of any existing structures that would provide the eighty foot (80’) height that is needed to meet the radio North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 14 frequency coverage objectives for the surrounding residential area. The area within a one-half mile search radius of North Lotus Lake Park is comprised mostly of private residential properties, which are restricted to a a maximum building height of thirty-five feet (35’). a. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. T-Mobile has searched and is not aware of an existing tower or building within the required one-half (1/2) mile search radius, which would provide the desired eighty foot (80’) antenna height. Therefore, T-Mobile is not making application for the above structural capacity exception. b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and interference cannot be prevented at a reasonable cost. T-Mobile has searched and is not aware of an existing tower or building within the required one-quarter (1/4) mile search radius, which would provide the desired ninety (90) foot antenna height. Therefore, T-Mobile is not making application for the above interference exception. c. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a qualified and licensed professional engineer. T-Mobile’s site acquisition specialist has searched and is unaware of any existing structures that would provide the eighty foot (80’) height that is needed to meet the radio frequency coverage objectives for the surrounding residential area. Without the eighty foot (80’) height, it would be infeasible for T-Mobile to install an antenna facility. The area within a onehalf mile search radius of North Lotus Lake Park is comprised mostly of private residential properties. d. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. There are no existing or approved towers or buildings that could provide the required eighty foot (80’) height that is required for the antennas to function properly. e. Existing or approved towers or buildings are not in the service area, or do not meet the needs of the user. Documentation shall be provided at the time of application clearly demonstrating why existing structures do not meet the needs of the user. There are no existing or approved towers or buildings in the service area that would meet the required height of eighty feet (80’). The area within a one-half (1/2) mile radius are comprised mainly of private residential properties which first, do not provide the required height and second are allowed per the restrictions of this Code. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 15 (2) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures was made, but an agreement could not be reached. T-Mobile’s site acquisition specialist searched and is not aware of an existing tower within the required one-half (1/2) mile search radius where there would be an opportunity for the collocation of antennas. T-Mobile has made a good faith effort in pursuing other tower options within and near the desired search area. (3) Any proposed commercial wireless telecommunication service tower shall be 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. (Ord. No. 259, § 1, 11-12-96) T-Mobile’s proposed tower is eighty feet (80’) in height and therefore is required to be collocatable for one additional user. The monopole has been designed for the mounting of TMobile’s antennas with a centerline of seventy-three feet and six inches (73’ – 6”) and for one additional carrier to mount antennas with a center line of fifty-four feet (54’). Additionally, the monopole has been designed to accommodate the remounting of the lights from the existing light pole, with a centerline of sixty-five feet (65’). Therefore, T-Mobile meets the above collocation requirement. Sec. 20-1511. LIGHTING. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. (Ord. No. 259, § 1, 11-12-96) T-Mobile will comply with all Federal Aviation Administration guidelines and requirements. No artificial illumination or strobe lights are required by the Federal Aviation Administration in the construction of an eighty foot (80’) tower. The monopole is designed to be integrated into an existing park light fixture for camouflage purposes and so the lights from the existing pole will be remounted and set to be at the same height and to provide light over the same amount of ground area. No type of additional lighting will be incorporated to the park setting due to this light pole replacement and no additional lights will be mounted to the proposed monopole. Sec. 20-1512. SIGNS AND ADVERTISING. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities. (Ord. No. 259, § 1, 11-12-96) T-Mobile’s will fully comply with the above restriction of signs or advertising on the monopole structure or the equipment fence area. No signs, pictures or messages will be attached to the proposed tower or the security fence enclosing T-Mobile’s equipment. However, if any North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 16 owner identification signage or warning and equipment information signage is required, TMobile will comply with any regulations and requirements of the manufacturer and Federal, State and local authorities. Sec. 20-1513. ACCESSORY UTILITY BUILDINGS. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick, or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to [with] existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. (Ord. No. 259, § 1, 11-12-96) The proposed lease area for T-Mobile’s equipment will be ten foot by twelve foot (10’ x 12’) space, which is equal to one-hundred twenty (120) square feet. The accessory groundmounted equipment will be enclosed by a secure building composed of a light brown aggregate/stone material to blend in with other existing buildings and with the architectural character of North Lotus Lake Park and the surrounding neighborhood. Sec. 20-1514. LANDSCAPING. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping shall comply with the standards provided in chapter 20, article XXV of the City Code. (Ord. No. 259, § 1, 11-12-96) The location of the building that will house the accessory equipment is mostly hidden from the view of park visitors by the ice rink. No additional vegetative screening is being proposed at this time because of the use of the area for storage of snow in the winter months. When the ice rink to the north and the skating area to the east are being maintained, snow will be plowed and blown towards the accessory equipment building. Any vegetation to be added to the area would not survive the heavy snow being introduced to the area. For this reason, T-Mobile is not proposing to add vegetative screening around the equipment building. However, the accessory equipment will be completely enclosed by the proposed building and will not be visible by park users and neighboring properties. Sec. 20-1515. ANTENNAS MOUNTED ON ROOFS, WALLS, AND EXISTING TOWERS. The placement of wireless communication antennas on roofs, walls, and existing towers may be administratively approved by the city, provided that the antenna meets the requirements of this Code and the following: T-Mobile’s proposed tower will be freestanding and will not be attached to an existing structure. Therefore the above administrative approval process for installation when the following conditions are met does not apply for purposes of this application. (1) The maximum height of an antenna shall not exceed 15 feet above the roof and shall be set back at least ten feet from the roof edge. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 17 (2) Wall-or facade-mounted antennas may not extend five feet above the cornice line and must be constructed of a material or color which matches the exterior of the building or structure. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1516. PERMIT APPLICATION FOR MOUNTING ANTENNAS ON EXISTING STRUCTURES. In addition to the submittal requirements required elsewhere in this Code, an application for a building permit for antennas to be mounted on an existing structure shall be accompanied by the following information: T-Mobile’s proposed tower will be freestanding and will not be attached to an existing structure. Therefore the above building permit application process for mounting antennas on existing structures does not apply for purposes of this application. (1) A site plan showing the location of the proposed antennas on the structure and documenting that the request meets the requirement of this Code; (2) A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this Code; (3) A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and (4) Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1517. APPEALS. An applicant may appeal an administrative decision under this ordinance to the city council. Following review and recommendation by the planning commission, the city council shall make a final determination on the application. (Ord. No. 259, § 1, 11-12-96) T-Mobile has and will continue to work with the City and the Planning Commission to design and eventually construct a telecommunications tower in compliance with this Code and the wishes of the parks department. Sec. 20-1518. EXISTING ANTENNAS AND TOWERS. Antennas and towers in residential districts and in existence as of November 21, 1996, which do not conform to or comply with this ordinance are subject to the following provisions: T-Mobile is proposing the construction of a new tower that is in compliance and conformance with this ordinance, therefore the provisions below do not apply for purposes of this application. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 18 (1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this ordinance. (2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this ordinance; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 50 percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. (Ord. No. 259, § 1, 11-12-96) Sec. 20-1519. TIME LIMIT ON TOWER COMPLETION. Once a tower is approved by the city, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of permit. (Ord. No. 259, § 1, 11-12-96) If approved, the construction of the proposed tower would be completed in less than a year following the date of approval of the conditional use permit. Sec. 20-1520. ABANDONED OR UNUSED TOWERS. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows: (1) All abandoned or unused towers and associate facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. T-Mobile will enter into a lease agreement with the City of Chanhassen to lease the space required for the accessory equipment building. The lease agreement sets forth provisions for removal of the tower and equipment upon the cessation of operations at the site. (2) Unused portions of towers above a manufactured connection shall be removed within two years, six months of the time of antenna relocation, if the unused portion exceeds 25 percent of the height of the tower or 30 feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. No portion of the proposed tower will be connected above the manufactured steel monopole at the eighty foot (80’) height and no such portions are to be replaced at this time. Therefore the above section does not apply for purposes of this application. (3) After the facilities are removed, the site shall be restored to its original or an improved condition. (Ord. No. 259, § 1, 11-12-96) T-Mobile will enter into a lease agreement with the City of Chanhassen to lease the space required for the accessory equipment building. The lease agreement sets forth provisions to North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 19 restore the leased premises to the original or improved condition after removal of the tower and/or equipment building. Sec. 20-1520.1. INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be in compliance with FCC regulations. (Ord. No. 259, § 1, 11-12-96) There is no predicted interference to the City’s Police, Fire, Emergency Medical, Public Works and Park’s Communications Systems; however, if in the future the City’s public safety telecommunication system experiences interference and believes the interference to be from T-Mobile’s antennas, T-Mobile will take immediate steps to correct the interference problem. T-Mobile is licensed by the FCC and operates all of its wireless facilities within FCC regulated guidelines. Sec. 20-1521. SUPPLEMENTAL APPLICATION INFORMATION. In addition to the information required elsewhere in this Code in an application for a building permit for towers and their antennas, applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer that provides the following: a. Describes the tower height and design, including a cross-section and elevation; b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; and d. Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number. T-Mobile is submitting the above information in addition to the required information for a Building Permit. The proposed site plan and elevation drawings illustrate the above additional submittal requirements listed above, please see Exhibit E: Professional Engineer Site Plan and Elevation Drawings. (2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. (Ord. No. 259, § 1, 11-12-96) T-Mobile’s Letter of Intent has been included with the submitted application materials, please see Exhibit I: T-Mobile’s Letter of Intent, stating T-Mobile’s intent to agree to reasonable terms and conditions which would allow for the collocation of an additional carrier’s antennas. North Lotus Lake Park 295 Pleasant View Road Chanhassen, Minnesota 55317 20 Sec. 20-1522. TEMPORARY MOBILE TOWERS. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an administrative permit and shall comply with the following standards: T-Mobile is not proposing the erection of a temporary mobile tower during the construction of the monopole at North Lotus Lake Park, therefore the requirements below do not apply for purposes of this application. (1) The height of the tower shall not exceed 90 feet including trailer platform. (2) Temporary mobile towers shall maintain the setbacks as contained in section 20-1505. The setback shall be maintained from the trailer platform. (3) Temporary mobile towers shall be prohibited in residential zoning districts. (4) Temporary mobile towers shall have a minimum tower design windload of 80 miles per hour and shall comply with the requirements in in section 20-1508. (5) A temporary mobile tower may be permitted for up to 120 days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to section 20-381. (6) Temporary mobile towers shall require a building permit and comply with section 20-1516. (7) Mobile units shall have the opportunity to appeal the administrative decision subject to section 20-1517. (8) Mobile units shall not interfere with public safety telecommunications subject to section 20-1520. (Ord. No. 275, § 2, 10-13-97) Secs. 20-1523--20-1550. RESERVED.