Loading...
4.1 Item #4.1. • City of Elk �. River MEMORANDUM TO: Mayor and City Council FROM: Scott Harlicker, Senior Planner DATE: July 24, 2001 SUBJECT: Case No.'s V 01-05, ZC 01-05 and CU 01-25 Request by Louck Associates on behalf of Qwest for a Variance, Zone Change and Conditional Use Permit Request Consider a request by Qwest for a variance request to the setback requirements, a zone • change to AT (Antenna Overlay) and a conditional use permit for a wireless telecommunication tower and equipment pad. Location 21475 Highway 169, east of Highway 169 and north of 213`h Avenue Zoning/Land Use Al (Agricultural Conservation) and ME (Mineral Excavation) / A (Agricultural) Attachments • Location map • Site plan • Tower elevations • Supporting documentation from applicant Overview Qwest is proposing to lease an area approximately 27'by 22'in order to construct a 150 foot tall self supporting mono-pole which will support their wireless PCS antennas.The area the applicant is leasing is part of a 5.2 acre lot. The lot also contains a single family residence. Memo to Planning Commission/Qwest July 24,2001 Page 2 The site is on the east side of Highway 169. On the west side of Highway 169 is a gravel 1111mining operation, to the south is a single family residence, to the north is Elk River Bituminous and to the east is land that is undeveloped. The property is hilly and wooded.The tower will be located at the south end of the property, near the top of the hill.The existing house on the property is located about 300'north of the tower, at the bottom of the hill. There is a neighboring house located about 213'south of the proposed tower. The area surrounding the tower is wooded. The only woods to be removed is the area for a 12'wide access road and the area around the tower. The base of the tower will not be visible from either home. Variance The applicant is requesting a variance to the setback requirement for antenna towers.The required setback from all property lines is a distance equal to the height of the tower. The proposed tower is 150 feet high which requires a 150 foot setback from all property lines. The proposed setbacks for the antenna tower are: • 400 feet from the north property line • 125 feet from the south property line • 75 feet from the west property line • 150 feet from the east property line • A variance of 75 feet is needed from the west property line and 25 feet from the south property line. Staff refers the Board to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance.A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the City or the neighborhood where the property is located and • will in keeping with spirit and intent of the ordinance. S:\PLANNING\SCOTT\CU01-25.DOC Memo to Planning Commission/Qwest July 24,2001 Page 3 • The structural design of the tower allows the tower to bend to off-load the wind resistance and not fall over. Therefore,the 150 foot setback is not necessary for safety reasons. The 150 foot setback from the south property line would place the tower at a lower elevation on the hill and would require a higher tower in order to meet coverage requirements.Because of the width of the lot, the 150 foot setback can not be met from both the east and west property lines. The applicant has placed the tower so that it complies with the 150 foot setback from the east property line. However, in doing this the setback from the west property line,which is the right-of-way for Highway 169,is 75 feet.The tower will be about 200 feet from the Highway 169 pavement. The hardship is particular to the land and structure involved in that the property is only 225 feet wide which does not allow any location on the site to meet the 150 foot setback from both the east and west property lines.By shifting the tower to the north the tower will be at a lower elevation on the hill and the tower will have to be taller to meet the coverage requirements, therefore increasing the need for a variance. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. There are two other site in the city with mono-pole towers,AT&T and APT,that do not meet setback requirements. There are also 3 guyed lattice towers located near the intersection of Count Road 33 and Proctor Road and a lattice tower near the high school which do not meet setback requirements. The proposed tower does meet the setback requirements of the underlying Al zoning district. • The circumstances that create the need for a variance are not a consequence of the petitioner's actions or inaction. The circumstance are a consequence of the shape and topography of the lot. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance.The neighboring residence and Highway 169 are both more than 200 feet away from the tower, which is greater than the height of the tower. Rezoning In order to construct the proposed tower,a rezoning to AT is required.This overlay district was established to manage the proliferation of antenna towers and to ensure their proper placement regarding health,safety ands welfare of the community.This overlay district does not change the underlying Al and ME zoning districts, all the uses allowed and the dimensional regulations in the Al and ME districts will continued to be allowed on land zoned AT. In considering a rezoning request of this nature, consideration should be given to the compatibility with surrounding land uses and whether the rezoning is necessary to provide effective wireless telecommunication coverage for the city. The proposed rezoning is compatible with the surrounding land uses. The applicant has shown that this location is necessary in order to provide effective wireless telecommunication coverage for the city.The rezoning is also in consistent with the Comprehensive Plan for the city. S:\PLANNING\SCOTT\CU01-25.DOC Memo to Planning Commission/Qwest July 24,2001 Page 4 • Conditional Use Permit Co-location requirements The applicant has looked at co-locating on the wind generator on 225th Avenue and the existing towers at County Road 33 and Proctor Street.The towers on County Road 33 will not provide the coverage they need and the rotating blades on the wind generator interfere with the signal. At a height of 150 feet, the tower will provide the opportunity for two additional carriers. Construction requirements The applicant will comply with the construction requirements outlined in the ordinance. Design standards The proposed tower will be a mono-pole with a flat gray,galvanized steel finish which will blend in with the sky. The communications equipment at the base of the tower will be screened from adjacent properties by existing vegetation.The tower and equipment will be enclosed with an 8 foot high chain link fence. Access will be provided by a 12 foot wide gravel drive. There will be a small parking and turnaround area for maintenance vehicles. • Signs and advertising No signage or advertising are proposed. Illumination No lighting is proposed. Recommendation Variance Staff recommends that the Board of Adjustment approve the variance request to the setback requirements based on the following findings: 1. Literal enforcement of the ordinance will cause undue hardship in that the tower is designed to collapse on itself and not fall over. The tower is over 200 feet from the adjacent residence and Highway 169.The 150 foot setback from the south property line would place the tower at a lower elevation on the hill and would require a higher tower in order to meet coverage requirements.Because of the width of the lot,the 150 foot setback can not be met from both the east and west property lines. 2. The hardship is caused by special conditions and circumstances which are peculiar to • the property and structure involved and which are not characteristic of,or applicable S:\PLANNING\SCOTT\CU01-25.DOC Memo to Planning Commission/Qwest July 24,2001 Page 5 to, other lands or structure in the same area. The hardship is particular to the land • and structure involved in that the property is only 225 feet wide which does not allow any location on the site to meet the 150 foot setback from both the east and west property lines. By shifting the tower to the north the tower will be at a lower elevation on the hill and the tower will have to be taller to meet the coverage requirements. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance.There are two other site in the city with mono-pole towers,AT&T and APT, that do not meet setback requirements. There are also 3 guyed lattice towers located near the intersection of Count Road 33 and Proctor Road and a lattice tower near the high school which do not meet setback requirements. The proposed tower does meet the setback requirements of the underlying Al zoning district. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction.The need for the variance is a consequence of the width of the lot and the topography of the site. 5. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. • Rezoning Staff recommends that the Planning Commission recommend approval of the rezoning request to AT based on the following findings: 1. The proposed rezoning is compatible with the surrounding land uses. 2. The proposed rezoning is necessary in order to provide effective wireless telecommunication coverage for the city. 3. The rezoning is in accordance with the Comprehensive Plan for the city. Conditional Use Permit Staff recommends that the Planning Commission recommend approval of the conditional use permit for a 150 foot tall wireless telecommunication tower and supporting equipment. • S:\PLANNING\SCOTT\CU01-25.DOC . i LANDFILL U( \ i i I(\ i� ..., � of • I 1 ii / � II \I\1,;\ ti 7 lug iiiii /11/ li m:� " �G' Be r 1y '-'7,7,'-_7''S ,i'" , i , j 1 c Site i r ! 1 . H ( L L A • 1 ' lit Ill I ,. ti \ latk 1 1 I e ! 1 \\ 7• _ , ‘,\ „: ID*, „ ,.. , , _ A1 �/ ►. it .r G AVEN i I I _ i/l i I . I L 1' • S N eity or Location Map Elk , Case Number: CU 0 V 01-05 River ZCO1-05 s • • A n A n A QWEST WIRELESS , L . L . C . 21475 HIGHWAY 169 ELK RIVER, MINNESOTA 55330 COUNTY: SHERBURNE SITE : MIN-466G PROJECT DIRECTORY DRAWING INDEX APPLICANT Z-1 TITLE SHEET OWEST WIRELESS, L.L.C. 426 NORTH FAIRVIEW AVENUE, ROOM 101 Z-2 VICINITY MAP (� �. ST. PAUL, MN 55104 QWest• N P: (651) 642-6012 Z-3 SITE PLAN Wireless F: (651) 642-6942 CONTACT: KRIS LUEDKE Z-4 ENLARGED SITE PLAN Z-5 ELEVATION CONSTRUCTION MANAGER " PRS I[Ho-4., 'PA QWEST WIRELESS, L.L.C. DESIGN TYPE 426 NORTH FAIRVIEW AVENUE, ROOM 101 210S HIGHWAY 169 ST. PAUL, MN 55104 ELK RP/ER,NN P: (651) 642-6014 MONOPOLE MIN-466G F: (651) 642-6942 CONTACT: DAVE JOHNSTON MONOPOLE MOUNTED ANTENNAS� AND OUTDOOR EQUIPMENT un EQUIPMENT TITLE SHEET F"H ftcv Z_1 0 • i • A A i' A A ..../5':: ' 0 1693 221st St [SITE co a)0 0>-- . Q t iT ((1t� N 11 G 213th Av �� °F 0 1`I, Y 0 D0I ao '..---\1 E QWeSt. Wireless ,75 U ® r PRS 'wamQca 'O. ,— C Art aavwa 1� .1) % Q 7) nox 2)475 HIGHWAY 169 205th Av ® f EllMN C'Sth A'.' MIN--4646 6G oaw.m[ MONOPOLE MOUNTED ANTENNAS AND OUTDOOR 16J )n ' EQUIPMENT WELT mu . ` y N VICINITY MAP MIXTroam Rev ED VICINITY MAP Z-2 o SCALE: NONE • ! 0 j I 'it 75 150.-0" '-0" 0 QWEST 20 FT. x 25 FT. x A +� E : BFT HIGH CHAIN LINK FENCE N S I j^` „• ._ CI/ I QWEST MONOPOLE • kL QWEST ,, /\ rII '/// ;/ (/ e,)= , " / %- - t e EQUIPMENT / / PROPOSED TREE LINE QWEST LEASE AREA i 27 FT. x 22 FT. ': ii I / I E d i / I ,�' % j" ' E:XIS T iNG PROPERTY LINE 1%I 125._0. ,0°' I / ST ' I / J I r!i �' / / /�EXISTING TREE LINE I j I / I,/1 ,/7 213'-7/•,°h ! i 1 / /I I Jl /�� —EXISTING SHEDS 12'-0" ACCESS I 1 / } — • — ROAD 1 I l ? f, d /I (I I �{—EXISTING RE AIMING WALL v ;'- y f 1 / '//'� ,,, F , EXISTING , I \---- i BUILDING f K \I I , ', , �, /V/:/'% 1 Qwest. Wireless J� i , \ ` `\\]�I�OSO /'./r7-//-77. �r PRS 'wm�tc I I i I \�L�y %jIOUSE .");+., ...�.,w /V/ I E`V/ 4175 HIGHWAY 169 EXISTING GRAVEL Ij��„ 1..V.! �' ELK RNER.MN MIN-466GWAY ROAD—�/ /lI I X44_ u6m.me I t MONOPOLE MOUNTED i .."4---_, ANTENNAS AND OUTDOOR i. EQUIPMENT . 1 I 1 MONOPOLE MU I k s II SITE PLAN r 5..n.uuew xcv O SITE PLAN o' 40' 80't 120' SCALE: 1"=--40'-0" 1 + O . • • AA A A QWEST CHAIN LINK FENCE N 25 FT. x 20 FT. x 8 FT. HIGH QWEST EQUIPMENT / 27 QWESTFT. LEASE22 FT.AREA 15.-0" { x I- iI x— x— x xx� I1 , 1 x GROWTH CABINET / PROPOSED TREE LINE (FUTURE) QWEST ICE BRIDGE kAMIE I x I QWEST MONOPOLE COAX 11111I� I CABLE lin I - 1 1 ,: .jA -.__4,--QWEST ANTENNAS dip k I' Ik 18'-0" } IL Ij� x x— I I L j L- IL- L— L k / \\`J x 8•-0 Qwest QWEST 10 FT. GATE 15' Q' Wireless 125'-0" TO PROPERTY ar PRS I awn V[i I wn LINE,- —— 150-0" 21475 HIGHWAY 169 I TO PROPERTY ELK RIVER.u I / LINE MIN-466G I / MONOPOLE MOUNTED I1 ANTENNAS AND OUTDOOR I / s� EQUIPMENT / / u i ENLARGED SITE PLAN 12'-0" WIDE ,„,.,Wig. ACCESS ROAD O ENLARGED SITE PLAN SCALE: 1/8"=1'-0•' Z-4 O rn.me .Mc u.iwl N H o .O i O A' t W n ?3� N'i o Irl 8 iZ v ��� / L v waa yw V I " e 4 _ '2 zZwa g ' V 5 > o 0 44444 V ' 1 ,Z£ ,9l o ,b ,9 ,ZL,91 „0—,1.=,,91./1. :31VOS NOVA 131S3M NOIIVGN11O.1 691. AVMHOIH 30'0,10 IV IN3Wdif103 ONIISIX3 1 i fi I I r 1 It 533211 ONIH38 __L.. t t 30N33 1S3M0 S33W. ONV 30N33 0NIH38 1N3Wd1f103 1S3M0 VNN3INV SdO 30012!8 301 IS3M0 0 " l „0—,L41 i -- „0—,OS l 310dONOW ISMO (d.u) SVNN31NV IS3M0 II -II 002! ONINIHOI3 „0—,£ • -2tii1 He iiioch LIn, SuLCc iOO 14inncapolis, NI N 0 54564 June 25,2001 Planning Til -4;.4!4.5505 Mr. Scott Harlicker Civil Engineering City of Elk River !i, -a;.ti2 4.-,82.2 218 Third Street13065 Orono Parkway Land Surveying P.O. Box 490 I onlo,1oucLrx nalgan.an Elk River, MN 55330 Landscape Architecture ,,,,,lnucl.sniclayan.coin Environmental Re: Application for Tower Overlay Zoning, CUP and Variance. Loucks Project No. 00466W Archaeology Dear Mr. Harlicker: This letter accompanies applications by Qwest Wireless for Tower Overlay Zoning, Conditional Use Permit and Variance that would allow for the construction of a Personal Communication Services(PCS) antenna site at 21475 Highway 169, in Elk River. The site is surrounded by mature woods which would totally screen the lower part of the site from view. The proposed 150 foot monopole would be 213 feet away from the nearest neighboring residence to the south. We feel that this application meets the criteria for approval of the Tower Overlay zone and Variance criteria. Attached are responses to the Variance Criteria and well as the response to each of the requirements of the Tower Overlay Zone. If you need any further information, please contact me at 763/424-5505. I appreciate your time and consideration. III Sincerely, LOU S ASSOCI TES red D. Andrews,AICP Senior Planner Enclosures Tower Over Zoning change,CUP,and Variance Application and fee Written responses to Variance Criteria Written responses to Tower Overlay Zone Requirements Exhibits A,B,C,D,E: Required engineers letters Exhibit F: Co-location commitment letter Exhibit G: Site Plans 25th Anniversary 1976-2001 SSOCIATES RESPONSE TO VARIANCE CRITERIA (responses in bold) 900 .40 (5B . ) i . That the literal enforcement of the ordinance would cause undo (unnecessary, unavoidable, extreme) hardship. The literal enforcement of the ordinance would cause unnecessary hardship. Qwest Wireless has done due diligence to find a site that is high enough to fill the gap in coverage with one tower,that is screened as much as possible from view off site. This property is the best possible location from a community planning perspective and radio frequency perspective. Without the proposed tower, people working, residing,and traveling through northern Elk River will continue to be in a dead zone for purposes of telecommunications. ii . That the hardship caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of, or applicable to, other lands or structures in the same district 1111 The proposed site has the highest elevation along the southern portion of the property where it would be substantially screened from view by the existing trees. However,the property is more narrow at the southern half,due to the substantial right of way acquired for Highway 169 at this location,which makes it impossible to meet setback requirements. The lower the elevation, the higher the tower must be to obtain proper coverage,and in turn,the greater the setback requirement. There are no other properties in the search ring that are high enough and large enough with mature landscaping for screening. The variance has been minimized as much as possible,to meet the intent of the zoning ordinance. The 150 foot tower will be 213 feet form the nearest residence. iii . That the literal application of the provisions of this Ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this Ordinance. The literal interpretation would deprive the petitioner of rights enjoyed by other properties in the same district. The literal interpretation of the ordinance would result in a continual gap in coverage and deprive the citizens, businessmen and passers by,the rights and services presently enjoyed and utilized elsewhere in the City. iv. That the special conditions and circumstances are 111 not a consequence of the petitioner' s own action or inaction. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. Qwest Wireless has done due diligence to evaluate every property within the search area as well as existing towers in the general proximity of the search area. The special circumstances are a result of the narrowness and existing slope of the lot. The lot is more narrow and irregular due to the extra width acquired in the construction of Highway 169 in order to accommodate the difference in elevation. (See Site Plan). Although a variance to the setbacks is required with this proposal,every effort has been made to minimize any impact of the variance in order to meet the original intent of the ordinance. v. That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents or the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. The variance will not be injurious to or adversely effect the health safety and welfare of the residents of Elk River, rather it will promote the welfare of City by improving telecommunications services in northern 11111 Elk River. The necessary variance has been minimized as much as possible to meet the purpose,spirit,and intent of the ordinance. RESPONSE TO TOWER OVERLAY ZONING DISTRICT REQUIREMENTS (responses in Bold) 900.10 (19. ) Antenna Tower Overlay Zoning District A. Purpose. The purpose of the Antenna Tower Overlay District is to protect the public health, safety, general welfare, and to accommodate the telecommunication needs of residents and businesses by providing a specific zoning district for the use of land for the establishment and operation of wireless telecommunication towers . Since this use is unique, a special zoning district is appropriate, and the City of Elk River reserves the right to determine the suitability of a rezoning request to Antenna Tower Overlay District based on criteria which includes the following: i. The compatibility of the rezoning request with surrounding land uses The use will be compatible with the surrounding land uses. The proposed design and location for the tower will be screened as much as possible with existing mature trees. The proposed 111 equipment and lower part of the tower will not be able to be seen from surrounding properties or Highway 169 corridor. Only the upper portion of the tower will be able to be seen above the top of the tree line. The tower will be a monopole design with a galvanized steel finish,which will blend into the sky background. ii . That the proposed rezoning is necessary in order to provide effective wireless telecommunication coverage for the City The proposed tower overlay zone is necessary in order to provide effective wireless telecommunication coverage for the City. There are no tower overlay zoned properties in the search ring area. The closest existing tower is over a mile to the south of this proposal. The existing tower site was tested by our Radio Frequency Engineer and failed to meet radio frequency test requirements. iii . The rezoning is in accordance with the Comprehensive Plan for the City. The proposed tower overlay zone is in accordance with the Comprehensive Plan for the City. The proposed tower will provide wireless communications in a location where there is a current gap in coverage and where calls are dropped. It will promote effective communications and welfare of the City's businesses and residents in the northern Elk River area. D. Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: i. A proposal for a new commercial wireless communication service tower shall not be approved unless the City finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building or other structure within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: a. The planned equipment would exceed the structural capacity of the existing or approved tower, building or structure, as documented by a qualified and licensed professional engineer, and 411 the existing or approved tower or structure cannot be modified, reinforced or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower, building or structure as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. c. Existing or approved towers, buildings or structures 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. d. Other unforeseen reasons that make it not feasible to locate the planned telecommunications equipment upon an existing or approved tower, building or structure. 411 The proposed tower is over a mile away from the nearest existing (Burlington Northern/SBA) communication tower site to the south. This existing tower site was tested and was determined to not work by a professional RF Engineer. (See Exhibit B) The wind generator site located on 225th Avenue NW was also reviewed by an RF Engineer and was determined not to work for the purposes of cellular communications due to the rotating blades, which would interfere with the signal. Loucks Associates on behalf of Qwest Wireless has done due diligence over the past year to find a site which works both from a community planning perspective and radio frequency feasibility perspective. The proposed new site is the only available site in the search ring that is high enough to provide adequate service to the coverage area while minimizing tower height and conspicuousness. ii . Any proposed wireless telecommunication service tower shall be designed, structurally, electrically and in all respects constructed, to accommodate both the applicant' s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is more over 60 feet in height. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights . The proposed tower will meet this requirement. It will be designed to accommodate at least two additional users. (See Exhibit E) E. Construction Requirements. All antennas erected, constructed, or located within the City shall comply with the following requirements : i . All applicable provisions of this code. ii . 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 . iii . 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 wire or braces in connection with either shall at any time extend across or over any part of any right-of- way, public street, highway, sidewalk, or property line. iv. Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and comply with the provisions of the National Electrical Code. v. All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground. vi. All towers shall be protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be constructed in such a manner to preclude unauthorized climbing. The tower, antenna and supporting equipment shall be enclosed by an eight foot high chain link fence with a locked gate. vii. Metal towers shall be constructed of, or treated with, corrosive resistant material . • viii. Only one tower shall exist at any one time on any lot or parcel. The minimum lot size requirement shall be one acre. Qwest Wireless is aware of these construction requirements as well as the Uniform Building and Electrical Codes, and has designed the facility to meet these requirements for the building permit application submittal. F. Design Standards. All antennas erected, constructed, or located within the City shall comply with the following requirements: i. Towers and antennas shall be designed to blend into the surrounding environment through the use of building materials, color, textures, camouflaging architectural treatment, screening and landscaping, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. ii. Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design is preferred. The proposed tower will be a monopole design without guy wires and • will have a flat gray, galvanized steel finish to blend in with the sky. Mature landscaping will be preserved around the facility so that only the upper portion of the tower will be able to be seen above the tree line off site. G. Signs and Advertising. No advertising, logos or identification of any kind is permitted, except as may be required by Federal and State authorities . No advertising or logos will be placed on the tower or facility for purposes of signage or advertising. H. Accessory Structures and Equipment. i . All accessory equipment related to towers and antennas must be housed within a structure . Existing structures shall be used whenever possible. Any new accessory buildings or structures shall be architecturally designed to blend in with the surrounding environment. All communications equipment will be housed within two enclosed casing structures. These structures are about the size of a refrigerator each and will not be able to be seen from the adjacent properties due to the existing dense mature landscaping on site. The natural surrounding wooded environment of the property will be maintained. ii. 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 public view with building materials identical to or compatible with existing materials . N/A. This is not a roof top installation. iii . Ground mounted structures shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing vegetation shall be minimized through careful site selection and design. The entire facility including the lower part of the tower will be entirely screened from view by existing landscaping. The only vegetation removed will be the minimum amount necessary to • accommodate a 14 foot access and the 22 by 27 foot lease area. Careful selection of the driveway location and facility was done to • minimize removal of any trees, and to maximize screening so that the facility will not be seen off site. I . Illumination. Towers and antennas shall not be illuminated or display strobe lights unless specifically required by the Federal Aviation Administration or other Federal or State authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower at the City' s discretion. The tower will not be illuminated unless required by the FAA. Qwest Wireless has done its due diligence and it is not anticipated that a light will be required. J. Tower Setbacks and Tower Height. Towers shall conform with each of the following requirements : i. Towers shall not be located between a principal structure and an adjoining public street. The proposed tower will not be located between the principal structure and an adjoining public street. • ii . In industrial zones towers and accessory structures shall be setback 30 feet from the front property line, 25 feet from the side property line and 20 feet from the rear property line. In all other zones and from any property line abutting a residential use, towers and accessory structures shall meet setback requirements equal to the height of the tower from all property lines . The property is within the A-1 agriculture zone. A variance has been applied for as part of this application. The proposed tower will be over 400 feet away from the north property line, 125 feet away from the south property line, 150 feet from the east property line, and 75 feet away from the west property line. The facility will not be able to be seen from the adjacent properties, and a letter from a professional engineer has been attached to certify that the tower is designed not to collapse in a distance greater than the setback(See Exhibits D & G). iii . The maximum height of any tower, including antennas and other attachments, shall not exceed 150 feet. iv. The height of a tower may be increased by 24 feet 110 to accommodate each additional user above those • • r • required by co-location up to a maximum height of 198 feet. The tower is proposed to be 150 feet high and is designed to accommodate two additional users,which complies with this requirement. This is the minimum height necessary to provide adequate coverage while maximizing the distance from the residence to the south. If the tower was placed further to the north, elevation in the property is lost, and the tower itself would need to be higher to meet coverage objectives. v. Engineered fall zone analysis shall be conducted by a qualified structural engineer; this report shall specify in writing that any collapse of the tower would occur within a specified fall zone within a lesser distance than the setback. (See Exhibits D&E) K. 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 tower approval . 110 The proposed application will meet this requirement. L. Interference with Public Safety Telecommunications. No new or existing telecommunication service shall interfere with public safety telecommunication. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least 10 calendar days in advance of such changes and allow the City to monitor interference levels during the testing process . Qwest Wireless operates within it's own unique frequency which is regulated by the FCC, to avoid any potential interference problems (See Exhibit A). Qwest Wireless will notify the city of the expected time of operation commencement with the application of the building permit. M. Support of Public Warning Systems. Telecommunication providers that utilize antennas erected after the effective date of this ordinance shall participate in the Emergency Alert System (EAS) , as defined by FCC Rules and • Regulations, Part 11, by broadcasting warnings of severe weather and other life threatening emergencies to users of personal communications equipment served by the antennas. . Telecommunication providers may be exempt from the requirements of this section under the following circumstances: i. The telecommunication provider demonstrates that participation in EAS is not technologically feasible; The cellular communication service Qwest Wireless provides is not public media and does not broadcast to the general public. Qwest Wireless does, however, provide E-911 service to its customers. ii. The telecommunication provider is unable to acquire any FCC waiver or exemption from licensing or other regulations that would prohibit participation in EAS; or iii. The state or regional EAS planning committee determine that participation by the telecommunication provider is not necessary. N. Additional Submittal Requirements. In addition to the information required elsewhere in this code, development applications for towers and/or antennas shall include the following supplemental information: A report from a qualified and licensed professional engineer that provides the following: a. Describes the tower and/or antenna 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. Describe the tower' s capacity, including number and type of antennas that can be accommodated; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration and the FCC; and f. Demonstrates the tower' s and/or antennas compliance with all applicable structural and electrical standards, and includes an engineers stamp and registration number. (See Exhibits A,C, D& E) ii . For all commercial wireless telecommunication 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. (See Exhibit F) 0. Antennas Mounted on Roofs, Walls, and Existing Towers. (Not applicable to this application.) P. Abandoned or unused Portions of Towers. Abandoned or unused towers or portions of towers and accompanying accessory facilities shall be removed as follows : i . All abandoned or unused towers and associated S 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 tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. ii . Unused portions of towers above a manufactured connection shall be removed within 6 months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Qwest Wireless will meet these requirements. Site abandonment is also addressed as part of lease arrangement with the owner. Wireless L.L.C. 426 N.Fairview Avenue Room 101 St.Paul,Minnesota 55104 • ride the light Qwest. June 21,2001 Planning Commission City of Elk River Minnesota Re: Qwest Wireless Site MIN 466 at 21475, Hwy 169, Elk River, MN 55330 Dear Members, Qwest Wireless would like to build a PCS site at 21475, Hwy 169, Elk River, MN. We appreciate the interference concerns of our lessors. Qwest Wireless has licensed the PCS spectrum, from 1865-1870 MHz and 1945-1950 MHz, from the FCC. The FCC strictly regulates any out-of-band transmissions. Consequently, the Qwest Wireless PCS system must and will operate within the licensed band and will not interfere with other communications systems. Please contact me directly at (651) 642-6357 if you have any questions. Thank you. Sincerely, Manish R Vaishnav RF Design Engineer • EXHIBIT A Wireless L.L.C. 426 N.Fairview Avenue Room 101 St.Paul,Minnesota 55104 • ride the light June 21,2001 Q vve s t. Planning Commission City of Elk River Minnesota Re: Coverage and capacity study for Qwest Wireless site MIN 466 located at 21475 Hwy 169, Elk River, MN 55330 Dear Members, Qwest Wireless operates a Personal Communications System (PCS) in the Minneapolis—St. Paul greater metropolitan area. When choosing an appropriate location for a cell site, we try to meet both the coverage and capacity objectives we want to achieve in that particular service area. For cell sites located in highly residential and commercial areas, our objective as a PCS provider is to provide good in-building service and wireless data service to as many businesses and homes as possible. During this process, the RF design engineer must balance signal level requirements of the area with capacity limitations of the system while incorporating his knowledge of the terrain and the density of surrounding clutters. 40 In order to meet the requirements of continuous coverage and fill in our footprint in the north of the Minneapolis—St. Paul greater metropolitan area, particularly along Hwy 169 and we are proposing a 150' site at the 21475 Hwy 169, Elk River. During our search for a location for the proposed cell site, we also evaluated other locations in the area, but unfortunately they did not work out. - The Burlington Northern Tower to the south west of the proposed location was looked in as a possible location but the Tower was interfering with the existing sites in the Elk River area. Please feel free to contact me directly at 651 642 6357 if you have any questions. Sincerely, RF Design Engineer Manish R Vaishnav • EXHIBIT B QWEST WIRELESS, L.L.C. • 426 North Fairview Avenue, Room 101 St. Paul, MN 55104 June 25, 2001 Planning Commission City of Elk River Elk River, Minnesota Re: Monopole Collapse Design for the Proposed Qwest PCS Site MIN-466 located on property at 21475 Hwy 169, Elk River, MN 55330 To the Planning Commission, Qwest Wireless is proposing to construct a PCS site at the above address. The equipment and monopole will be located outdoors at grade. The manufacturer of the pole has not been determined as of the writing of this letter. The manufacturer will be determined after zoning approval. Qwest will submit certified foundation drawing and calculations, and certified pole drawings and calculations specific to this site at the time of building permit application. Qwest Wireless and its' predecessor, US West Wireless, require that the manufacturer of the monopole submit certified drawings and calculations for the design in accordance with the Minnesota State Building Code. The 11111 State Building Code recognizes ANSI EIA/TIA 222, Structural Standard for Steel Antenna Towers and Antenna Supporting Structures. Qwest Wireless and its' predecessor have never had a failure. The Qwest Corporate Structural Engineer has never heard of a failure in his ten years in the wireless industry or the twenty-two years of his professional practice. I have been the Regional Structural Engineer for three years and practicing engineering for over thirty years, and know of no failures of monopoles. I am enclosing a copy of a letter written by Mr. Steven Krohn, P.E., and the Manager of Engineering Communications Structures for Valmont Industries in Valley Nebraska. He is a licensed professional engineer and has written a knowledgeable comprehensive letter concerning the method of failure of monopoles. The design of monopoles is not my area of expertise, nor is it for any of the structural engineers at Qwest. Qwest uses the expertise of the licensed professional engineer retained by the monopole manufacturer in the same manner as any company would purchase a metal building from a metal building manufacturer. Please read Mr. Krohn's letter. If you have any questions I can be contacted on my direct wireless line, 612-272-0089. Sincerely, I hereby that this plan, specification, or a R. ..„7,61444_12____ report was s prepared by me or under my direct supervision and that I am a duly Licensed Dale R. Thorne, P.E. Professional Engineer under the laws of the Structural Engineer State of Minnesota Dale R.Thome P.E. MN license no. 17205 Print Name: • Signature: 40-1-1 IVA:z.Z4de-'4*—* Date rte:— nse# 17205 EXHIBIT C 11--gUG.25.1998— 2:26PM COMM TWR 402 359 5856 COMM TWR NO.760 P. 1%3 AUG 25 '98 01: 16PM • VALMONT MICROFI.ECT Valmont Industries,Inc.•West Highway 275•P.O.Box 358 Valley,Nebraska 68064-0358 U.S.A.•(402)359-2201 August 25, 1998 US West Wireless,LLC 426 North Fairview Avenue Suite 101 St.Paul,MN 55104 Attention: Mr.Adrian Schottroff Subject: Failure Modes for Poles and a Description of the Design Criteria US West Wireless Site: SCL005 Valmont Order No. 17453-98 . Dear Mr. Schottroff: I have been asked to write to you about the mode of failure for pole type structures used to • support wireless phone antennas��equipment, would bed give mI think it would be appropriate to e information to allow you to judge how remote the chances start off by a brief description of the design criteria that is typically used. The pol:s Valmont supplies are designed in accordance with E.I.A./T.I.A.222 Revision F entitled"Structural Standards for Steel Antenna Towers and Antenna Supporting Structures." rstructuresc ." a This is an approved A.N.S.I. standard that has dealt with-the design of lattice type number of years. Revision E is the first version that goes into extensive detail about he edeionognf of pole type structures. The provisions of the standard have,as their foundation, reliability.sThisother nationally known specifications and standards that have a long history history should be of interest to you considering�ctnre�s esigned with conceptsds of thousands(if tspell d out in ons) of sites throughout the United States which have publications like"The Design of Steel Transmission Pole Structures" (published by d ., and"Standard Specifications for Structural Supports for Highway Signs,Luminaries in andtheTraffic Signals" (published by A.A.S.H.T.O.). Many of the concepts used to designpoles two publications are included in the E.I.A./T.I.A.222 Revision F Standard. The L.I.A./T.I.A.222 Revision F requirements dictate a basicsdessign wind d speed s .pThelicy iswind nto use speed-.o be used depends on the location of the site within the the wind speed listed the wind loading in E.1.A./T.I.A.222 as a minimum loading. reoccurrence average in E.I.��./T.I,A.222 has been determined to be thaW�dm ahs that which has tis the average oc ty of a 50 years. This wind is also a"fastest mile"wind mile wind passing a point. For example, a 70 mph average fastest mile wind would take 51 ill seconds to pass a point. This standard"fastest milesp once factor imposed to account for sudden e"wind is customized with factors that apply to the particular installation. There is a 1. 9 gust EXHIBIT D AlIG.25.1998 2:27PM COMM TWR 402 359 5856 COMM TWR N0.760 P.2/3 AUG 25 '98 01:16PM VALMONT MICROFI,ECT Valmont Industries,Inc.•West Highway 275•P.O.Box 358 Valley,Nebraska 68064-0358 U.S.A.•(402)359-2201 changes in wind speed, a height coefficient to account for increasing wind speed with height, and an exposure coefficient to account(to some degree)the terrain effects. The loads generated by this wind and the weight of the members (along with any ice considered) are then used to size members of the pole. There is at least a 25%factor of safety required under these con.itions. This assumes that the wind blowing from the worst possible direction. Some directions are worse than others, depending on the equipment attached to the pole,the arrangement, and the orientation. The wind must exceed all our estimates for magnitude, duration, be at the worst orientation and overcome the factor of safety. Let us assume that a pole becomes overloaded. The typical consequence of this overloading is "local buckling"where a relatively small portion of the shaft distorts and"kinks"the steel. This does not cause a entire free pole is alling pole. After the buckle,d substantial portion theeload that caused the le of buckling. The pole is vertical(weight) load an likely,however, to be out of plumb. This may be somewhat dramatic and the buckled section should be replaced. There are 3 mechrnisms which prevent the pole from a free fall type failure. First, as the pole distorts this distortion may relieve the load from the pole either by orienting the pole more • favorably in the wind or, if buckling has occurred,by reducing the moment arm of the wind force. The second mechanism involves a redistribution of the stress in the pole after tdbuckling toward the remaining portion or the cross section that has unused capacity• The phenomenon and more important, is the nature of the force being applied. We expect the wind to produce this force. A wind that would cause a buckle would be larger than the basic wind speed, the gust factor,and the factor of safety combined. A gust would soon dissipate and, after this peak wind is gone,the stress in the pole would be reduced. Poles are flexible,forgiving structures which are not generally susceptible to damage by impact loads such as a wind gust or earthquake shocks. It takes some time for the entire structure to"see"the impact loading. Even after a local buckle,the pole has significant capacity. It is this capacity along with the transitory nature of the loading that prevents a pole from"falling over". Pole design and testing have provided the public with a very reliable product. Poles have gone through extensive full scale testing,resulting in a history of being extremely reliable. The public I think,has been served well. Valmont has provided structures that have performed well during the earthquakes in California,the hurricanes in the South,and a number of tornadoes. To my knowledge,Valmont has never experienced an in service failure of a verloading,even h,as in the cases of H communication poleadue ro cwane Andrew,thether induced owind speeds may have exceeded the design Hurricane Hugo and Hum wind speed. • — ALG.25. 1998 2:27PM COMM TWR 402 359 5856 COMM TWR NO.760 P.3/3 AUG 25 '98 01: 16PM • "IF MICROFLECT Valmont Valley,Nebraska 68084 0356 U.S.A.•(402)359-2201 359 Valmont Industries has been designing various types of pole structures(i.e.,high mast light cg poles, communication poles, electrical(utility)transmission poles, street and parking lot poles, and traffic signal poles)for many years. As in the case of communications monopoles,Valmont has been actively engaged in the designing and manufacturing of these poles for fifteen years. The structural integrity of the monopoles is occasionally questioned by zoning experience.nd planning a building board commissions when this concernle were to beis not 1ustified by engineering construc ed on the same plot of land,no one would of the same height as a monopole building and the question what it would hit if it were to fall down to the ground, evethough theements to safelyn monopole would be designed in accordance with the same building withstand the same wind loadings. • I hope this has helped. Please feel free to call with any comments you may have. I can be reached at 1-800-345-6825 extension 3727 and will be glad to discuss any concerns you may have. Sincerely, I hereby certify that this plan,specification,or report was prepared byme or under my direct supervision and that I am a duly Licensed Professional Engineer under Steven M. olw,P.E. Manger of Engineering the laws of the state of esotn. Communication Structures II ' til,I Industrial Products Division Signature: Valmont Industries,Inc. Steven M.Krohn Date: Reg.No.:25454 • QWEST WIRELESS, L.L.C. • 426 North Fairview Avenue, Room 101 St. Paul, MN 55104 June 25, 2001 Planning Commission City of Elk River Elk River, Minnesota Re: Monopole Structural Design for the Proposed Qwest PCS Site MIN-466 located on property at 21475 Hwy 169, Elk River, MN 55330 To the Planning Commission, The manufacturer of the pole has not been determined as of the writing of this letter. The manufacturer will be determined after zoning approval. The manufacturer is required by Qwest to provide monopole drawings and calculations certified by a currently licensed professional engineer in the State of Minnesota at the time of purchase of the monopole. Qwest will submit copies of these certified drawings and calculations, and certified foundation drawings and calculations specific to this site at the time of building permit application. • I am enclosing a copy of certified monopole drawings for a site that was constructed in 1999, which are identical to the monopole proposed for this site. The drawings contain the following information requested by the Planning Commission in the Ordinance: 1. Sheet 2; item 8 of the NOTES identifies two additional collocators, with nine antennas each, at heights of 147 feet and 132 feet with six feet separation of antennas. (19.D.ii., 19.N.b. and c.) 2. Sheet 2, item 7 of the NOTES states that the design conforms to EIA/TIA-222-Ffor 80 miles per hour wind speed with concurrent radial ice of one-half inch thickness, which is a Minnesota State Building Code design requirement. (19.E.ii.) 3. Sheet 2, item 6 of the NOTES states that the monopole is hot dip galvanized per ASTM A-123. (19.E.vii.) 4. Sheet 3, DETAIL 9 shows the first climbing peg twelve feet above the top of the monopole base plate. (19.E.vi.) 5. The monopole height is shown on sheet 2. (19.N.a.) 6. The monopole diameters are shown in the lower left-hand corner of sheets 3 through 6. The diameter at the base plate is three feet ten and five eighths inches, and at the top, one foot four and three eighths inches. (19.N.a.) If you have any questions I can be contacted on my direct wireless line, 612-272-0089. Sincerely, I hereby certify that this plan,specification, or A nc/l report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the Dale R. Thorne, P.E. State of Minnesota. Structural Engineer Print Name: Dale R.Thome P.E. • MN license no. 17205 Signature: ‘--716241-4—• Date/'-zc- 1.1cense# 17205 EXHIBIT E