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HomeMy WebLinkAbout2003-10-01 NAC Planning ReportBACKGROUND Attached for reference: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 NORTHWEST ASSOCIATED CONSULTANTS INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plannernacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Anne Marie Solberg 1 Scott Richards DATE: October 3, 2003 RE: Oak Park Heights — Nextel Conditional Use Permit to Co-Locate PCS Antennas on Existing Utility Structure at 13735 60 Street FILE NO. 798.02 - 03.11 Site Location Location Plan Engineering Site Plan Tower/Building Elevation Equipment Building Plan and Elevations Equipment Building Information Application Letter and Narratives Letter from Project Engineer Memo from City Arborist The City of Oak Park Heights has received an application for a conditional use permit (CUP) to co-locate personal wireless service (PCS) antennas on an existing utility structure and construct an accessory equipment building at 13735 — 60 Street. Site Acquisition Consultants has submitted an application on behalf of Nextel for CUP approval to install up to twelve (12) panel antennas on top of an existing X-Cel Energy tower. The site is located within an existing NSP easement south of 80 Street North. The applicant is proposing to install an antenna mounting frame atop the existing utility structure, attach antennas and construct an accessory equipment building to house the related equipment. Neither the antennas nor the frame will extend more then fifteen (15) feet above the existing tower. The accessory building will be surrounded by a chain link fence and screening will be provided. The Oak Park Heights City Code requires a conditional use permit for the installation of antennas located on a utility structure within the City. ISSUES ANALYSIS Legal Description. The proposed legal description of the lease area (site), access and utility easement and utility easement as set forth on Exhibit 1 are subject to the review and approval of the City Attorney. The proposed eight (8) foot utility easement may require relocation to ensure compliance with the City Code provision providing that no part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. The plans do not indicate an easement for the proposed ice bridge extending from the proposed equipment building under the existing X -Cel Energy tower. The applicant should adequately address whether there is a need for an easement for the proposed ice bridge. Zoning. The property is zoned Central Business District (CBD). PCS antennas co- located on existing utility structures are a conditional use in all zoning districts. Conditional Use Permit. PCS towers and/or antennas that are not located on public structures are permitted by conditional use permit within the Central Business District subject to the following conditions: 1. The applicant shall demonstrate by providing a coverage /interference analysis and capacity analysis prepared by a registered professional engineer that location of antennas as proposed is necessary to meet the frequency reuse and spacing needs and to provide adequate coverage and capacity. The applicant has provided written confirmation from an RF Engineer that the proposed site is necessary to provide appropriate coverage levels for the City of Oak Park Heights. The applicant has also provided propagation maps indicating that the proposed site enhances coverage in the area. New equipment buildings to house transmitting, receiving and switching equipment shall be situated in the rear yard of the principal use and shall be screened form view by landscaping. The applicant is proposing to construct a 12' X 20' equipment building on the site. The design of the equipment building includes a gabled roof and brick facade in accordance with Section 401.16 of the City of Oak Park Heights Zoning Ordinance and Central Business District Design Guidelines. The site location as indicated on the plans is acceptable. 3. All antenna support structures shall be reasonably protected against climbing. This requirement shall be a condition of approval. 4. At least annually, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered 2 engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. This requirement shall be a condition of approval. 5. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. This requirement shall be a condition of approval. In addition, pursuant to Section 1410.060(1), all towers and/or antennas are subject to the following conditions: 1. All antenna shall be constructed in compliance with City building and electrical codes. 2 Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 3. No advertising message shall be affixed to the antenna structure. 4. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 5 Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 6. Antennas shall be subject to state and federal regulations pertaining to non- ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be borne by the owner and operator of the antenna(s). 7. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. Alt metal components shall be constructed of or treated with corrosive resistant material. 9. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. 10. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak 3 Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. The above requirements shall be incorporated as conditions of approval. Access. The applicant is proposing site access via an access easement extending from an existing gravel road west of the site. The application materials indicate that the access easement will be approximately 113 feet in length and 20 feet in width. The applicant has included two 10' X 20' parking stalls. The access and parking areas will be covered with gravel. As the proposed access w i l l extend form an existing gravel drive, the proposed gravel access and parking areas are acceptable. I n the event that 59 Street is extended past the proposed site, the access shall be realigned to connect to 59th Street. Fence. The application materials indicate that the equipment building will be surrounded by a seven (7) foot chain link fence. The applicant has been informed that the fence height must be reduced to six (6) feet in accordance with the Zoning Ordinance if placed directly on the property line. If the fence is set back more than 10 feet, it may be increased to eight feet in height. There will not be any barbed wire around the top of the fence. The application materials indicate the fence location at the perimeter of the site. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. Slats within the chain link fence shall not be considered an acceptable method of screening. Landscaping /Screening. The application materials do not include landscaping plans. The applicant shall provide landscaping around the equipment building to screen the equipment building from view. The applicant should submit a landscaping plan in accordance with the comments of the City Arborist attached as Exhibit 9. Lighting. No lighting has been proposed. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. Parking. The applicant is proposing two 10' X 20' parking stalls for the proposed site. As the site will not be staffed and will require only infrequent visits (one time per month), the proposed parking should be adequate to service the site. Signage. The application materials do not include any proposed signage. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. Grading and Drainage. The application materials do not include any grading, drainage or erosion control plans. The equipment building and access should be located such that they do not interfere with existing drainage patterns. Grading and utility plans are subject to review and approval by the City Engineer. 4 Building Materials. The application materials submitted indicate two alternative finishes for the equipment building. The applicant has indicated that this site will incorporate the equipment building with brick siding and gabled roof. Such exterior finishes are acceptable and in compliance with the requirements of the Oak Park Heights Zoning Ordinance and Design Guidelines for the Central Business District. Structure Height. The application materials indicate that the existing X -Cel Energy tower structure is 120 feet in height. The proposed antenna frame will extend five (5) feet above the existing tower, with the antennas extending eight (8) feet above the existing tower. CONCLUSION AND RECOMMENDATION Co- location of PCS antennas on existing utility structures is encouraged by the Oak Park Heights City Code and permitted within the Central Business District by Conditional Use Permit. The proposed location of the site, equipment building, and site access are all generally consistent with the requirements of the Oak Park Heights City Code. Based on the foregoing, our office recommends approval of the conditional use permit subject to the following conditions: 1. The applicant shall submit a current FCC License. 2. The applicant shall provide an easement for the proposed ice bridge if deemed necessary by the City Attorney. 3. The antennas and mounting frame shall not extend more than eight (8) feet above the existing X -Cel Energy tower (Structure #11) as indicated by the submitted plans (128 feet total height of tower with antennas and antenna mounting frame). 4. No more than twelve (12) antennas shall be installed. 5. The fence shall not be greater than six (6) feet in height if installed on the property line. There shall not be any barbed wire at the top of the fence. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. Alt fencing shall comply with the requirements of the Zoning Ordinance. 6. In the event that 59 Street is extended past the proposed site, the access shall be realigned to connect to 59th Street. The cost of the realignment shall be the responsibility of the owner and operator of the antenna(s). 7. All antenna shall be constructed in compliance with City building and electrical codes. 5 8. Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 9. All antenna support structures shall be reasonably protected against climbing. 10. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. 11. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 12. Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 13. Antennas shall be subject to state and federal regulations pertaining to non- ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be the responsibility of the owner and operator of the antenna(s). 14. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. 15. All metal components shall be constructed of or treated with corrosive resistant material. 16. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. 17. The accessory building shall have a brick exterior and gabled roof and shall be screened from view by landscaping in accordance with the recommendations of the City Arborist. 18. At least annually, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. 19. Alt obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. 6 20. Grading and utility plans are subject to review and approval by the City Engineer (as applicable). 21. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District (as applicable). 22. Other conditions and requirements as specified by the Planning Commission, City Council, or staff. 7 AUVOSIM NOtid,3530 31V - IJ •• •"1 E-., 44 4 .1 E-4 MI bmP L-09.3 :0M0 L WU , 1X31 R18 :Ae MEMERMINS IIMMINEMMM „ ./L9 I :0d/Y.8 FOTZW k A ve -6431C. 3A1,E0.r0S- - 09 . C. 3,,E0.10S- 00 grir9 00179-869/.311 No! 89009 11 W AvmsgSwi eeeng 009 -.xi ...Iowa] goau.-trumoci VeltiBIL 8 cotvs . '91'000 3„91,C0.101 i! • ' i•e ' . L2 - 6' P: 0 rzi 128 P g 1 , 1/1 i ,Ltgahl 3,11,2,12VIMIOXY0 .. !gf , \ 1 , .2 ... 0 h . - rt 2 t \ i 4! e- 4. 1 1' , \ , .:,., 9 .,-, __ Vvi .11 galgAggg31 MO9 11 7,nrany OWED 'M 00, 0NI . SNOU.YONfifiri00 t,°0. 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Client through excellence. September 4, 2003 Ms. Julie Hultman Community Development CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North Oak Park Heights, MN 55082-2007 RE: NEXTEL COMMUNICATIONS, INC. Dear Ms. Hultman: 655 First Bank Drive Palatine, Illinois 60067 Office: 847 -991- 2100 Fax: 847-991-5707 Email: SAC @siteacquisition.com www. siteacq u isition .cam SUB]: APPLICATION FOR CONDITIONAL USE PERMIT FOR CO- LOCATION OF ANTENNAS ON EXISTING PUBLIC UTILITY LATTICE TOWER AND PLACEMENT OF EQUIPMENT SHELTER AT XCEL ENERGY STRUCTURE #1.1 Site Acquisition Consultants ( "SAC ") is a consulting firm specializing in wireless telecommunications site development under contract with Nextel Communications, Inc. ( "Nextel "). Nextel has entered into an agreement with the property owners of the site referenced in this packet to locate its antennas on the existing public utility lattice tower and to place an equipment shelter near its base. This installation would eventually house the Personal Communication Services ( "PCS ") technology needed for Nextel to provide clear, uninterrupted, wireless telecommunication service to the community. On behalf of Nextel, SAC has subrnftted ail required documentation for a Conditional Use Permit allowing for co- location of wireless communication facilities, per Zoning Ordinance Section 401.15.P, Antennas. should you have any questions, please do not hesitate to contact me. I look forward to working with you during the approval process and providing the residents of Oak Park Heights the best possible PCS coverage. Sincer Fr Steven °. Katkov, EXHIBIT 7 L. BACKGROUND NARRATIVE OVERVIEW Nextel Communications, Inc. ( "Nextel ") seeks a Conditional Use Permit and any other necessary approvals to locate a Wireless Telecommunication Service Facility within the city of Oak Park Heights (the "Wireless Facility "). Specifically, Nextel seeks approval to install antennas on the existing public utility lattice tower (Structure #11) owned and maintained by xcel Energy, and to install a pre- fabricated concrete equipment shelter near the base of the tower, all on real property owned by the Anchobaypro, Inc. (f/k/a the Haase farmstead) located at 13735 - 50 Street, Oak Park Heights, MN 55082 (the "Subject Property "). The existing public utility lattice tower is subject to an easement agreement that runs with the land in perpetuity. Nextel, based in Reston, Virginia, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all-digital, wireless network in the country. The Nextel 4 -in -1 service Nextel Digital Cellular, Direct ConnectTM, Nextel Mobile Messaging and Nextel online covers thousands of communities across the United States. Nextel and Nextel Partners, Inc., currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. The regional system is operating under the name of Nextel and is part of an integrated nationwide network of coverage. Pursuant to the 1996 Telecommunications Act (the "TCA "), Nextel, among other companies, was selected by the Federal Communications Commission (the "FCC ") to develop wireless communications systems within the United States. These new generations of wireless systems, digital in nature, allow greater communication opportunities for consumers. The FCC has stated that such communication options enhance the quality of life for all citizens. The FCC has exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from PCS facilities and primary jurisdiction over the regulation of radio signal interference among users of the radio frequency spectrum. Nextel and all wireless companies are allocated radio frequency spectrum to avoid any risk of signal interference. The TCA defined the balance between federal, state and local responsibilities in telecommunications. Congress designated the FCC as the primary entity responsible for rules and regulations related to the entry into and the offering of interstate telecommunications services. Under the TCA, local units of government have the right to make traditional land use judgments regarding the location, height and design of telecommunications facilities. However, local units of government cannot regulate telecommunications facilities in a way that prohibits the p rovision of wireless telecommunication services. Local governments must also refrain from discriminating among telecommunications providers. Nextel has worked diligently with local units of government throughout Minnesota to construct telecommunications facilities that meet the needs of its PCS system, as well as the aesthetic and safety requirements of local jurisdictions. 2 SITE JUSTIFICATION AND DESIGN The Wireless Facility is necessary in order to provide uninterrupted PCS services to your community, including services such as wireless telephone service, voice paging and wireless data transmission. Nextel's PCS technology operates at various radio frequency ( "RF ") bands between 806 and 866 megahertz and utilizes a digital wireless voice and data transmission system. This technology promises to provide consumers with enhanced service (including greater sound clarity and privacy) as well as new services not currently available under some traditional analog cellular systems. Like traditional cellular phone systems, PCS operates on a "grid" system, whereby overlapping "cells" mesh to form a seamless wireless network. The technical criteria for establishing cell sites are very exacting as to both the height and location of the Wireless Facility. Within the Oak Park Heights area, cell sites are generally located approximately three (3) to six (6) miles apart. Based on a computerized engineering study which takes into account, among other things, local population density, traffic patterns and topography, Nextel's engineers have identified the need for a PCS site in Oak Park Heights. The Subject Property is within the geographic area in which a wireless facility must be located in order for it to function as an integral part of the larger Nextel PCS network. The Subject Property was selected based on its satisfying RF criteria (including antenna height) and Nextel's review of local land uses and site availability. Specifically, proximity to Oak Park Heights residential and business enclaves and the major roadways traversing the area are relevant siting criteria. Moreover, the city encourages the use of existing structures for co- location in its zoning code. 3. DISCUSSION The Subject Property is zoned Commercial Business District. Pursuant to the Oak Park Heights City Code, Section 1410 (An Ordinance Regulating the Placement of Telecommunications Towers and Antennas), Nextel has made application for Conditional Use Permit approval to install up to twelve (12) panel antennas atop Structure #11, and to install a prefabricated equipment shelter near the base of the Structure #11. The antennas would be connected to the top of Structure #11 by installation of an antenna - mounting frame, but the antennas would not extend more than fifteen feet (15') above the structural height of the tower. The equipment shelter, housing radio frequency electronics, HVAC and batteries for auxiliary power, would be set on concrete footings to the west of the tower within an area under lease with the owner of the underlying real property. The City Code allows --in point of fact, encourages—co-location of wireless communication antennas or) existing support structures, whenever feasible. See §1410L030(2); §1410.060(1) (1). The proposed design accounts for all performance standards of the City Code. See §141OO6O. The proposed design also meets the requirements for co- location within a business district. See §1410.040(B). The Wireless Facility would not be staffed, and, upon completion, will require only infrequent site visits (approximately one time a month). Access will be provided to the Wireless Facility via 60 Street and a gravel driveway to be installed from 60 Street to Structure #11 within an area under lease with the owner of the underlying real property. Hence, the Wireless Facility will not have any material impact on either traffic or storm water control. The Wireless Facility is entirely self - monitored and connects directly to a central office where sophisticated computers alert personnel to equipment malfunction or breach of security. Moreover, no nuisances will be generated by the Wireless Facility. In general, PCS technology does not interfere with any other forms of communications. To the contrary, PCS technology provides vital communication in emergency situations and will be commonly used by local residents and emergency personnel to protect the general public's health safety and welfare. The Wireless Facility would be designed and constructed to meet applicable governmental and industry safety standards. Specifically, Nextel will comply with all FCC and FAA rules regarding construction requirements, technical standards, interference protection, power and height limitations, and RF standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC. 4. CONCLUSION Nextel is under rigid time constraints, and consistent with applicable law, we respectfully request this application be processed as expeditiously as possible. Please note that Nextel expressly reserves all of its rights and claims, including, without limitation, those available to it under federal law. Without limiting the generality of the foregoing, no waiver, admission or agreement shall be inferred herefrom and no filing of any application for any permit (including, without limitation, any building or other permit), license or approval or any other action heretofore or hereafter taken by or on behalf of Nextel shall be construed as a waiver or limitation of any right or claim of Nextel. LEGAL DESCRIPTION Tracts A and B, Registered Land Survey No. 114 Torrens Property [certificate of Title Number 57414] Parcel No 05-029-20-11-0040 Standards for Issuance of A Conditional Use Permit STANDARDS FOR ISSUANCE OF A CONDITIONAL USE PERMIT LI Factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances. D Fire and safety hazards. The proposed Nextel antenna installation conforms to the following criteria used generally in evaluating requests for conditional use permits: Response: Antenna installations do not generate noise, glare, odor, vibration, dust or other nuisances. Adjacent uses will be unaffected by the operation of the proposed installation. The antennas do not emit hazardous radio waves of any kind, nor do they create electrical interference to nearby property owners. The company consistently maintains its antenna installations to ensure design and structural integrity, as well as general appearance. Nextel is insured against all such risks. Response: Antenna installations do not create fire or safety hazards. The proper electrical functioning of such installations is remotely monitored to provide a safe environment. These installations are also maintained to prevent the unauthorized entry of any persons other than company service personnel. PCS signals do not interfere with any other from of communications, whether public or private, or in any way endanger the public health, safety, morals or general welfare. Wireless telephones provide an alternate communication system which has repeatedly proven its effectiveness in emergency situations and is commonly being used by police and fire departments to protect the general public's health, safety, and welfare. © Existing and anticipated traffic conditions. Response: The proposed antenna installation will not cause a traffic hazard or congestion for vehicles. It will not interfere with the delivery of essential services to residents or businesses. Moreover, the installation can be easily reached via the 20 -foot wide access easement from 110 Street to the site LI Parking facilities on adjacent streets and land. Response: The proposed antenna installation does not require separate parking facilities on adjacent streets. Use of existing parking will be adequate parking for the routine inspections made by company service personnel. ❑ The establishment of the conditional use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district. Response: Nextel has been sensitive in designing a wireless facility that wilt minimize the impact on the surrounding property. The Wireless Facility will be compatible with the existing environment and will not disrupt any future development of the area. Due to its location on an existing structure, the Wireless Facility will not impede the normal and orderly development and improvements of surrounding property for uses permitted in this agricultural zoning district. ❑ The effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood. Response: The proposed antenna installation creates no adverse impact for adjacent properties. Nextel has strived to design an installation that limits the size and complexity of the antenna installation by selecting "whip" antennas rather than panel antennas and has selected an aggregate finish for its equipment shelter to blend into the surrounding landscape and to have no adverse impact on the value or livability of neighboring properties. ® Consistency with the Comprehensive Plan. Response: The general purpose of the Comprehensive Plan is to ensure the public health, safety, and general welfare. The placement of the proposed antenna installation furthers that goal. It complies with the zoning requirements of Ordinance No. 124. Through the passage of the 1996 Telecommunications Act, Congress sought to increase telecommunications options for all citizens. The placement of an antenna installation in this vicinity improves the general welfare and quality of life of its citizens and visitors. C7 Impact on governmental facilities and services, including roads, sanitary sewer, water, police and fire. Response: The Wireless Facility, monitored remotely by sophisticated electronic means, will not create a burden of any kind on county services or the public infrastructure. The installation will be accessible to public services by vehicle; however, no public services wilt be necessary to operate the facility. The company will ensure the proper functioning of the installation and maintain it according to all applicable local, state or federal building codes and its own stringent requirements. No drainage, sanitation, refuse removal, parks, library, or school services will be necessary for this facility. Existing police and fire protection are more than adequate to provide security for the facility. LJ Effect on sensitive environmental features, including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and sods. Response: The proposed antenna installation will have no impact on the particular environmental features of the Township. The Wireless Facility would not be placed in a sensitive soli, wetland, floodplain or shoreland district. Due to the diminutive size of the proposed equipment, it will not have an adverse effect on the surrounding properties nor the character of the area. To all concerned, The location of the Nextel Communications proposed site MNO225 Oak Park Heights will provide needed outdoor and in- building coverage in the city of Oak Park Heights, MN. Outdoor level coverage will also be solidified in the surrounding area defined by Hwy 36, CR 5, and SR 95. As the Radio Frequency Engineer assigned to design and analyze this site, I have performed evaluations considering several factors including existing structures, terrain, foliage, and building density. Current coverage in the areas stated above is below standard levels for Nextel Communications. Existing Nextel Communications coverage such as it is is provided by two wireless facilities. The first such facility is located across the St. Croix River in Houlton, WI. The second such facility is located roughly three miles west of the proposed location along Highway 36. Due to the distances and varied terrain between the proposed site and these existing sites, appropriate coverage levels cannot be obtained without the new transmitter location of the proposed site in Oak Park Heights. Sincerely, /77/Z Michael J. Tamboli RF Engineer WI and MN Markets k Nextel Communications 20900 Swenson Dr. Suite 550 Waukesha, WI. 53186 Fax: 262-513-2166 EXHIBIT 8 Scott Richards Page 1 of 1 From: <kdwidin a@comcast. net> To: "Jim Butler" <jbutler cityofoakparkheights.com >; "Julie Hultman" <jhultman a@cityofoakparkheights.com >; "Jay Johnson" <jjohnson a©cityofoakparkheights.com >; "Scott Richards" <srichards©nacplanning.com> Sent: Tuesday, September 30, 2003 9:48 AM Subject: Nextel Communications -- Landscaping OPH Staff I have reviewed the plans for the Nextel Communications Co- Location project and communication shelter. The only suggestion which I would have regarding this project would be to provide some landscaping on the outside of the fence surrounding the proposed accessory building (communication shelter) to screen the structure. Depending on the room available, shrubs which grow to a height of 5 ft., or vines which will grow upon and cover the fence, could be used. A plan for landscaping should be included with materials submitted for project approval. Kathy Widin Arborist City of Oak Park Heights EXHIBIT 9 9/30/2003