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PLH23-0020 Hunt Highway Cell Tower Emails In Opposition 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Wednesday, August 2, 2023 1:07 PM To: helenbettes@comcast.net; Mayor&Council; Matt Orlando Cc: waldec85@yahoo.com; dale.mortimer@comcast.net; tspags@msn.com; maureen_moore_88@hotmail.com; moesco@hotmail.com; free2bme1025 @yahoo.com; sunbirdaz@yahoo.com; desert5dog@yahoo.com; frago@haw.ca; lindajtownsend@hotmail.com; rmoser@synergy.com; lmoser1@shaw.ca; hostins@srt.com; fasmundson@gmail.com; fbetteswa@aol.com; dbbieryan842 @gmail.com; jdsandpas@gmail.com; sandhcustomrods@gmail.com; csgourlay@comcast.net; ljludwig@westianet.net; kenjanz1@gmail.com; bglockwood@aol.com; DBMAC75@GMAIL.COM; bamac1952@gmail.com; jmb6444 @yahoo.com; jdvalento@gmail.com; mgoncalves2013@live.com; wiaz2@yahoo.com; ddfhouse@yahoo.com; janj@att.net; jtcareible@cox.net; jfeath1515@msn.com; hangontotherope@gmail.com; blosh.robyn@gmail.com; bglockwood@aol.com; davidjwalden@gmail.com Subject: RE: Petition signatures of opposition to the cell tower - No to Good aŌernoon Helen: Thank you for providing the email with the details on the opposiƟon to the proposed project. I will add this to the case file. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Tuesday, August 1, 2023 1:55 PM To: Mayor&Council <Mayor&Council@chandleraz.gov>; Matt Orlando <Matt.Orlando@chandleraz.gov>; Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Cc: waldec85@yahoo.com; dale.mortimer@comcast.net; tspags@msn.com; maureen_moore_88@hotmail.com; moesco@hotmail.com; free2bme1025@yahoo.com; sunbirdaz@yahoo.com; desert5dog@yahoo.com; frago@haw.ca; lindajtownsend@hotmail.com; rmoser@synergy.com; lmoser1@shaw.ca; hostins@srt.com; fasmundson@gmail.com; fbetteswa@aol.com; dbbieryan842@gmail.com; jdsandpas@gmail.com; sandhcustomrods@gmail.com; csgourlay@comcast.net; ljludwig@westianet.net; kenjanz1@gmail.com; bglockwood@aol.com; DBMAC75@GMAIL.COM; bamac1952@gmail.com; jmb6444@yahoo.com; jdvalento@gmail.com; mgoncalves2013@live.com; wiaz2@yahoo.com; ddfhouse@yahoo.com; janj@att.net; jtcareible@cox.net; jfeath1515@msn.com; hangontotherope@gmail.com; blosh.robyn@gmail.com; bglockwood@aol.com; davidjwalden@gmail.com Subject: Petition signatures of opposition to the cell tower - No to To the Mayor, City Council and City of Chandler Planning department, 2 A peƟƟon has been circulated over the past few months within Sunbird to oppose the cell tower. Please find their signatures below in opposiƟon to the cell tower. A few wanted to remain anonymous, but they have been veƩed as being residents/owners of Sunbird. They are also CC’d on this email. If you need to view the peƟƟon on the web, here is the address: hƩps://www.gopeƟƟon.com/peƟƟons/no-to-sunbird-cell-phone-tower.html Thank you. PETITION: We are opposed to approval of a Use Permit and construction for a 65-foot-high cell phone tower, within the Sunbird Golf Resort/HOA, 6250 S. SunBird Blvd. Chandler, AZ 85249. We oppose this based on the following concerns. 1) This current proposed facility is proposed to be located at 160 feet (for health concerns) from homes within the Sunbird Community, 2) A 65-foot cell phone tower is not architecturally compatible with the neighborhood. Trees may be removed for the construction of the cell tower and replaced with a false looking pine tree, 3) Once the cell phone tower is constructed, another 20 feet can be added without any permitting processes or community consent due to the passing of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, 3) Atlas made a concern that the reserve south of Sunbird was not suitable because it was too far from houses, but the proposed tower will be less than 1 mile away from that area of concern for Atlas, 4) The installation of such a tower will negatively impact home prices in the immediate vicinity and could affect the community as a whole based upon comparable home sales. According to REALTOR, "Home buyers and renters are less interested in properties located near cell towers and antennas, as well as in properties where a cell tower or group of antennas are placed on top of or attached to a building. 94% said a nearby cell tower or group of antennas would negatively impact interest in a property or the price they would be willing to pay for it". HUD requires its certified appraisers to take the presence of nearby cell towers into consideration when determining the value of a single-family residential property, 5) Sunbird is a residential community that should not have commercial equipment such as a cell tower located within the community and 6) At completion, Sunbird will be the only residential community with a cell phone tower in the middle of it. Approval of a cell phone tower located in a middle of residential community will set precedence for the ability to have cell phone towers erected in residential communities in the city of Chandler. Signed: Name Email Str Homeowner/Resident in Sunbird wanting to remain Anonymous waldec85@yahoo.com Oa Mortimer Dale dale.mortimer@comcast.net 64 3 Thomas Spagnoletti tspags@msn.com 65 Maureen Moore maureen_moore_88@hotmail.com 64 David Scobie moesco@hotmail.com 64 Christina Riley free2bme1025@yahoo.com 64 Homeowner/Resident in Sunbird wanting to remain Anonymous sunbirdaz@yahoo.com S Homeowner/Resident in Sunbird wanting to remain Anonymous desert5dog@yahoo.com S Fausto Rago frago@haw.ca 16 Linda J. Townsend lindajtownsend@hotmail.com 18 Dr Rick Moser rmoser@synergy.com 64 Dr Laurie Moser lmoser1@shaw.ca 64 Dr Dennis Asmundson hostins@srt.com 64 Faye Asmundson fasmundson@gmail.com 64 Frank Bettes fbetteswa@aol.com 69 Ann Bettes fbetteswa@aol.com 69 Homeowner/Resident in Sunbird wanting to remain Anonymous. blosh.robyn@gmail.com Debbie Ryan dbbieryan842@gmail.com 62 Peggy Stokes jdsandpas@gmail.com 62 Jim Stokes sandhcustomrods@gmail.com 62 carol Gourlay csgourlay@comcast.net 16 Laura Ludwig ljludwig@westianet.net 15 Kenneth Sieth kenjanz1@gmail.com 18 Homeowner/Resident in Sunbird wanting to remain Anonymous bglockwood@aol.com Ea 4 Homeowner/Resident in Sunbird wanting to remain Anonymous DBMAC75@GMAIL.COM E Brenda Mac bamac1952@gmail.com 18 Homeowner/Resident in Sunbird wanting to remain Anonymous jmb6444@yahoo.com E Homeowner/Resident in Sunbird wanting to remain Anonymous davidjwalden@gmail.com E Jeff Valento jdvalento@gmail.com 18 Homeowner/Resident in Sunbird wanting to remain Anonymous mgoncalves2013@live.com e B Dennis Bulinski wiaz2@yahoo.com 69 Homeowner/Resident in Sunbird wanting to remain Anonymous ddfhouse@yahoo.com E Homeowner/Resident in Sunbird wanting to remain Anonymous janj@att.net e w Homeowner/Resident in Sunbird wanting to remain Anonymous jtcareible@cox.net S. Judy Featherstone jfeath1515@msn.com 65 Homeowner/Resident in Sunbird wanting to remain Anonymous hangontotherope@gmail.com E 5 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Matt Orlando Sent: Tuesday, July 18, 2023 3:04 PM To: helenbettes@comcast.net Cc: Benjamin Cereceres Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Helen, Just an FYI, We’ve been receiving a lot emails supporting the cell tower. See at the Wednesday meeting All the Best Matt Matt Orlando Vice Mayor Chandler City Council 602-370-7536 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Friday, May 5, 2023 6:49 AM To: Matt Orlando <Matt.Orlando@chandleraz.gov> Cc: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Matt, I am looking forward to meeting you tomorrow and discussing the proposition of the SB Golf Course cell tower being within our residential community. There will be quite a few neighbors present who will give you a very broad oversight as to what kind of fabric this community is woven from. Sunbird is a unique community. Because of this uniqueness, my husband and I decided to winter down here from Washington. We are both retired. My husband was in the aerospace industry for 38 years. My background is a little vaster. I am a retired volunteer firefighter/EMT which was my most challenging career. While volunteering as a firefighter on nights and weekends, my day job was in the escrow and title industry for 25 years. I was licensed as a Limited Practice Officer closing escrow and examining and clearing titles on real and personal property. This background has given me some great awareness of real and personal property and its underlying restrictions and limitations. Using my past experience, I went ahead and did my own title search on the golf course. I looked at the underlying documents that are against the particular piece of property which the cell tower is to be put on (parcel 303-57-984) and I found that there is a document recorded with Maricopa County named “Amended Declaration of Restrictions for Golf Course Use”, under document number 2007060488. This document covers the whole golf course property. Below are some excerpts from that document. Paragraph 1 is as follows: 2 When I look at the statute, here is the definition: Paragraph 3 is as follows: Here is the statute 42-13154 (42-13153 does not exist): This document binds the SB Golf Course considerably. Paragraph no. 3 is quite clear that they cannot enter into an agreement with any third party to give rights or interest with respect to the golf course (the “Premises”). Atlas Tower 1, LLC is a third party, and they are being given rights and interest to the premises. With that said, I cannot see how a permit can be issued, as it will go against the declaration. If they do erect a cell tower, this could also trigger the assessor to re-assess the property for the last 10 years and tack on interest and penalties. I checked with the county assessor, and currently they are being assessed at $500/acre, which is the calculation for a golf course. I am not sure if you were provided with a title report on this property, but it might be wise that the SB Golf Course provide that to you. I was going to present this document to you tomorrow, but I wanted the neighbors the opportunity to talk with you – I don’t want to dominate the conversation. I am hoping the city can see the legal ramifications of this declaration. Again, I am looking forward to talking with you and introducing you to some of the Sunbird neighbors. I have attached the recorded documents Amended Declaration of Restrictions for Golf Course Use, and the Memorandum of Lease Agreement between Atlas and the SB Golf Course. Thank You, 3 Helen M. From: Matt Orlando <Matt.Orlando@chandleraz.gov> Sent: Wednesday, May 3, 2023 11:51 AM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Ms Mortimer, I left you a brief voice mail earlier today. Could you please give me a call on my cell phone to discuss the cell tower? Thank you All the Best Matt Matt Orlando Vice Mayor Chandler City Council 602-370-7536 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Saturday, April 29, 2023 11:19 AM To: Brittany Barry <Brittany.Barry@chandleraz.gov> Cc: Mayor&Council <Mayor&Council@chandleraz.gov>; Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Brittany, Thank you for your reply. There are a few things that concern me with the cell tower in Sunbird. First and foremost is our community is made up of a majority of snowbirds, and I feel the golf club is waiting for most of the snowbirds to leave before proceeding with the next meeting, on purpose of course. This will be a great opportunity for the golf club to take advantage of the residents that are mostly affected by this to not voice their concerns, opinions, opposition, etc. I would like the city to really look at that and make the golf club wait until all of the residents are back in the community to hold the next meeting, which would be in the fall. I also feel that the owners of the golf club, which total around 200 owners In total, should not have individual voices at the meeting, but rather have only 1 voice as a whole. I heard from my neighbor at the first meeting, the golf club packed the neighborhood meeting with its owners to make the support of this proposition look good. Secondly, I am looking to the Mayor and city Council to protect me, my neighbor, future neighbors, and the community as a whole. This tower will represent up to a 20% reduction in our home values, and it will trickle down to other houses over time that are not within sight of the tower due to many factors including but not limited to people not wanting to move to Sunbird because of the tower in their community. Also, this tower will be the only tower within a residential community in the City of Chandler. If the City allows this tower to be erected, it sends a clear message to me that your citizens/residents/visitors are not valued, but rather business is the primary value, even if it is at the degradation of the citizens/residents/visitors. 4 Thirdly, Atlas was out yesterday to show how tall the tower will be. As you can see from the picture it clearly is not going to “blend in”. It is going to tower all of the existing trees. It was also relayed at an HOA meeting that the trees that are there will be cut down. 20 more feet can be added by Atlas without any oversight from your jurisdiction or any permitting process. Either at the height of 65 feet, or another 20 feet, I definitely cannot see this tower “blending in”. As you can see I have many concerns about the construction of this cell tower in a 100% residential area, and I am looking to the City to protect its citizens/residents/visitors. Thank You, Helen Mortimer From: Brittany Barry <Brittany.Barry@chandleraz.gov> Sent: Monday, April 24, 2023 2:09 PM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Good Afternoon, On behalf of Mayor and Council, thank you for reaching out regarding Atlas Tower Group’s Cell Tower Use Permit Application. Your feedback has been received and shared with the City Council. City staff is working with the applicant to move the cell tower further away from residential properties. There are also discussions taking place about changing the design to more closely match the existing pine trees on site. As part of the Use Permit process, a neighborhood meeting will be scheduled where you can share additional feedback. There is no date yet scheduled for this meeting. The assigned planner for this case is Ben Cereceres, who can be reached at Benjamin.cereceres@chandleraz.gov should you wish to submit additional comments at any time. Thank you again for your feedback. Brittany Barry Executive Management Assistant City of Chandler - Mayor and Council Office Phone: 480-782-2209 Website: https://www.chandleraz.gov From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Wednesday, April 19, 2023 2:45:51 PM (UTC-07:00) Arizona To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Attention Needed: Sunbird Cell Tower - City of Chandler 5 To the Mayor and City Council Members of Chandler, Please accept this submission requesting that the permit application by Atlas Tower Group to erect a 65 foot cell phone tower on parcel number 303-57- 984 which is owned by Sunbird Golf Course and will be located in the 55+ Sunbird residential community, be denied. BACKGROUND: Sunbird is a Robson development built in the 1990’s, between Cooper and McQueen on Riggs. Sunbird Golf Course and Sunbird residential community (the “HOA”) are distinct entities, operated independently. The relationship between Sunbird Golf Course and the HOA is complex, as the golf course is owned by a number of past and present Sunbird homeowners, managed by a Board and a hired Manager. The Golf Course is experiencing considerable financial difficulties due to aging infrastructure and a lack of an adequate capital reserve fund. The Golf Board has been in constant conversations with the HOA over the years, to solicit help to pay for capital requirements. Since inception, the HOA has been resolved to not involve itself financially with the Golf Course, as the owners of the Golf Course are an independent third party, even though some of them are homeowners in the community of Sunbird. Approximately two years ago, the HOA agreed to change their CCR’s to allow for a percentage from home sale costs be contributed directly to the Sunbird Golf Course. A lawsuit is currently underway in relation to this. The Sunbird Golf Course operation has recently adopted a more business- like model, resulting in apparent increased efficiencies and golf course revenue, but is constantly looking for new ways to finance both the operation and capital requirements of operating a golf course successfully. The HOA, has no input as to what the Golf Course does or does not do on Golf Course land. ISSUE: The Sunbird Golf Course board has agreed to enter into a contract with Atlas Tower Group to build a 65-foot cell phone tower on the Sunbird Golf course, in order to ensure a constant revenue stream, it is argued, at the expense of the greater Sunbird residential community. Atlas Tower Group has recently applied to the City of Chandler for a permit to erect such a tower. REQUEST OF MAYOR AND COUNCIL: 6 That the CITY OF CHANDLER MAYOR AND COUNCIL MEMBERS deny the Atlas Tower permit application to erect a cell phone tower on the Sunbird Golf course within the Sunbird residential community. REASON FOR THIS REQUEST: 1. It has been demonstrated throughout the United States that proximity to cell phone towers negatively impacts property values. Numerous studies indicate that home buyers are reluctant to buy homes near cell phone towers. The Wall Street Journal recently reported that “ In some areas with new towers, property values have decreased by 20%.” Most homeowners in Sunbird are 55+, many are retired and consider their home as their major investment. They are relying on the sale value of their home for financial security in their later years. 2. Aesthetically, the cell phone tower is planned to resemble a coniferous tree, and will be located in a group of coniferous trees on the golf course. It will rise well above the existing trees and several of these trees will be removed in order to erect it. It will be very visible and not blend in at all. There is also a concern, that once constructed under the proper permits, a possible 20 more feet can be added to the top of the tower, with no need for additional permission or permitting. This was confirmed by the City of Chandler Planning Department. It has also been noted in other areas like commercial developments with a cell tower on the property, that a second cell phone tower has been erected beside the original tower. Concern for the number of potential towers on the Sunbird Golf Course exists. 3. NO other community group in the surrounding area was amenable to having a cell phone tower erected in their community when approached (by flyer) by Atlas Tower Group. This demonstrates a reluctance in surrounding HOA Boards and communities to have a cell phone tower built in the middle of their neighborhoods, but the Sunbird Golf Course is proceeding in their own best interests, not those of the Sunbird home owners. It has been indicated by The City of Chandler Planning Department that if approved, this would be the first permit allowing for a cell phone tower to be erected in the middle of a residential neighborhood. If so, this will be a precedent setting decision for the City of Chandler regarding the placement and approval of future applications for cell phone towers. 4. Health risks are inconclusive to date, but the chance of ANY risk of health possibly incurred by Sunbird residents or residents of ANY community, should not be acceptable. 7 5. Please note that I have done a little research into where the tower is going, and it looks as though it is not outside of the parameters set by the planning department. I see that it is approximately less than 160 feet from the nearest residential house. Also, what kind of protection is being given to the workers that work in the maintenance shed, which is directly next to the cell tower? 8 9 Thank you for your attention to this matter. Sincerely, Helen Mortimer, Sunbird Community 6401 S Championship Dr, Chandler, AZ 85249 360-387-9121 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. 10 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Dale Anderson <sunbirdaz@yahoo.com> Sent: Sunday, April 30, 2023 3:24 PM To: Benjamin Cereceres Subject: Proposed SunBird Cell Tower Mr. Cereceres, This email is regarding the proposed cell tower in SunBird Golf Resort. We are Dale and Carolyn Anderson at 6411 S Championship Drive. We have lived in SunBird in this home since 1996. We are against the cell tower as it will have a detrimental effect on our property value, and it will have a negative effect on the view as well and possible adverse health effects. Thank you for your time and attention. Dale and Carolyn Anderson CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Micah Miranda Sent: Friday, May 26, 2023 10:04 AM To: Benjamin Cereceres Subject: FW: Constituent Inquiry -- FW: Sunbird Cell Tower. Ben, Please see below and respond to Brittany and Cc me and your supervisors. -----Original Message----- From: Brittany Barry <Brittany.Barry@chandleraz.gov> Sent: Friday, May 26, 2023 9:33 AM To: Micah Miranda <Micah.Miranda@chandleraz.gov> Cc: Joshua Wright <Joshua.Wright@chandleraz.gov>; Tadd Wille <Tadd.Wille@chandleraz.gov>; Dawn Lang <Dawn.Lang@chandleraz.gov>; Andy Bass <Andy.Bass@chandleraz.gov>; Steven Turner <Steven.Turner@chandleraz.gov>; Matthew Burdick <Matthew.Burdick@chandleraz.gov>; Melissa Quillard <Melissa.Quillard@chandleraz.gov> Subject: Constituent Inquiry -- FW: Sunbird Cell Tower. Hi Micah, Have any public hearing dates been scheduled reference PLH23-0020? Also, do you know if the city has any other cell towers in residential areas? Thank you. Brittany Barry Executive Management Assistant City of Chandler - Mayor and Council Office Phone: 480-782-2209 Website: https://www.chandleraz.gov -----Original Message----- From: Kevin Hartke <Kevin.Hartke@chandleraz.gov> Sent: Thursday, May 25, 2023 10:55 PM To: MandC2 <mandc2@chandleraz.gov> Subject: FW: Sunbird Cell Tower. ________________________________________ From: David Walden <davidjwalden@gmail.com> Sent: Thursday, May 25, 2023 10:54:38 PM (UTC-07:00) Arizona To: Mayor&Council Subject: Sunbird Cell Tower. Honorable Mayor and Council Members, 2 We have lived in Sunbird for over twenty years we play golf, tennis and PickleBall. It’s a fabulous, friendly retirement community. Of deep concern is the recent proposal to install a 65 foot cell tower in the middle of our housing community. Normally these towers are installed in commercial or industrial sites not in residential areas. Aside from potential health effects is the impact to property values especially in the vicinity of the tower. Research has shown the potential of a 20% drop in house values with the erection of a cell tower in the immediate vicinity. We hope for a full evaluation of this proposal with all the pros and cons considered. Also does the city have any other cell towers in a purely residential area? Dave and Jenifer Walden. Sent from my iPhone CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: helenbettes@comcast.net Sent: Friday, May 5, 2023 6:49 AM To: Matt Orlando Cc: Benjamin Cereceres Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Attachments: ATLAS LEASE AGREEMENT WTH sbgc.zip Matt, I am looking forward to meeting you tomorrow and discussing the proposition of the SB Golf Course cell tower being within our residential community. There will be quite a few neighbors present who will give you a very broad oversight as to what kind of fabric this community is woven from. Sunbird is a unique community. Because of this uniqueness, my husband and I decided to winter down here from Washington. We are both retired. My husband was in the aerospace industry for 38 years. My background is a little vaster. I am a retired volunteer firefighter/EMT which was my most challenging career. While volunteering as a firefighter on nights and weekends, my day job was in the escrow and title industry for 25 years. I was licensed as a Limited Practice Officer closing escrow and examining and clearing titles on real and personal property. This background has given me some great awareness of real and personal property and its underlying restrictions and limitations. Using my past experience, I went ahead and did my own title search on the golf course. I looked at the underlying documents that are against the particular piece of property which the cell tower is to be put on (parcel 303-57-984) and I found that there is a document recorded with Maricopa County named “Amended Declaration of Restrictions for Golf Course Use”, under document number 2007060488. This document covers the whole golf course property. Below are some excerpts from that document. Paragraph 1 is as follows: When I look at the statute, here is the definition: Paragraph 3 is as follows: Here is the statute 42-13154 (42-13153 does not exist): 2 This document binds the SB Golf Course considerably. Paragraph no. 3 is quite clear that they cannot enter into an agreement with any third party to give rights or interest with respect to the golf course (the “Premises”). Atlas Tower 1, LLC is a third party, and they are being given rights and interest to the premises. With that said, I cannot see how a permit can be issued, as it will go against the declaration. If they do erect a cell tower, this could also trigger the assessor to re-assess the property for the last 10 years and tack on interest and penalties. I checked with the county assessor, and currently they are being assessed at $500/acre, which is the calculation for a golf course. I am not sure if you were provided with a title report on this property, but it might be wise that the SB Golf Course provide that to you. I was going to present this document to you tomorrow, but I wanted the neighbors the opportunity to talk with you – I don’t want to dominate the conversation. I am hoping the city can see the legal ramifications of this declaration. Again, I am looking forward to talking with you and introducing you to some of the Sunbird neighbors. I have attached the recorded documents Amended Declaration of Restrictions for Golf Course Use, and the Memorandum of Lease Agreement between Atlas and the SB Golf Course. Thank You, Helen M. From: Matt Orlando <Matt.Orlando@chandleraz.gov> Sent: Wednesday, May 3, 2023 11:51 AM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Ms Mortimer, I left you a brief voice mail earlier today. Could you please give me a call on my cell phone to discuss the cell tower? Thank you 3 All the Best Matt Matt Orlando Vice Mayor Chandler City Council 602-370-7536 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Saturday, April 29, 2023 11:19 AM To: Brittany Barry <Brittany.Barry@chandleraz.gov> Cc: Mayor&Council <Mayor&Council@chandleraz.gov>; Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Brittany, Thank you for your reply. There are a few things that concern me with the cell tower in Sunbird. First and foremost is our community is made up of a majority of snowbirds, and I feel the golf club is waiting for most of the snowbirds to leave before proceeding with the next meeting, on purpose of course. This will be a great opportunity for the golf club to take advantage of the residents that are mostly affected by this to not voice their concerns, opinions, opposition, etc. I would like the city to really look at that and make the golf club wait until all of the residents are back in the community to hold the next meeting, which would be in the fall. I also feel that the owners of the golf club, which total around 200 owners In total, should not have individual voices at the meeting, but rather have only 1 voice as a whole. I heard from my neighbor at the first meeting, the golf club packed the neighborhood meeting with its owners to make the support of this proposition look good. Secondly, I am looking to the Mayor and city Council to protect me, my neighbor, future neighbors, and the community as a whole. This tower will represent up to a 20% reduction in our home values, and it will trickle down to other houses over time that are not within sight of the tower due to many factors including but not limited to people not wanting to move to Sunbird because of the tower in their community. Also, this tower will be the only tower within a residential community in the City of Chandler. If the City allows this tower to be erected, it sends a clear message to me that your citizens/residents/visitors are not valued, but rather business is the primary value, even if it is at the degradation of the citizens/residents/visitors. Thirdly, Atlas was out yesterday to show how tall the tower will be. As you can see from the picture it clearly is not going to “blend in”. It is going to tower all of the existing trees. It was also relayed at an HOA meeting that the trees that are there will be cut down. 20 more feet can be added by Atlas without any oversight from your jurisdiction or any permitting process. Either at the height of 65 feet, or another 20 feet, I definitely cannot see this tower “blending in”. As you can see I have many concerns about the construction of this cell tower in a 100% residential area, and I am looking to the City to protect its citizens/residents/visitors. Thank You, Helen Mortimer From: Brittany Barry <Brittany.Barry@chandleraz.gov> Sent: Monday, April 24, 2023 2:09 PM 4 To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Good Afternoon, On behalf of Mayor and Council, thank you for reaching out regarding Atlas Tower Group’s Cell Tower Use Permit Application. Your feedback has been received and shared with the City Council. City staff is working with the applicant to move the cell tower further away from residential properties. There are also discussions taking place about changing the design to more closely match the existing pine trees on site. As part of the Use Permit process, a neighborhood meeting will be scheduled where you can share additional feedback. There is no date yet scheduled for this meeting. The assigned planner for this case is Ben Cereceres, who can be reached at Benjamin.cereceres@chandleraz.gov should you wish to submit additional comments at any time. Thank you again for your feedback. Brittany Barry Executive Management Assistant City of Chandler - Mayor and Council Office Phone: 480-782-2209 Website: https://www.chandleraz.gov From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Wednesday, April 19, 2023 2:45:51 PM (UTC-07:00) Arizona To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Attention Needed: Sunbird Cell Tower - City of Chandler To the Mayor and City Council Members of Chandler, Please accept this submission requesting that the permit application by Atlas Tower Group to erect a 65 foot cell phone tower on parcel number 303-57- 984 which is owned by Sunbird Golf Course and will be located in the 55+ Sunbird residential community, be denied. BACKGROUND: 5 Sunbird is a Robson development built in the 1990’s, between Cooper and McQueen on Riggs. Sunbird Golf Course and Sunbird residential community (the “HOA”) are distinct entities, operated independently. The relationship between Sunbird Golf Course and the HOA is complex, as the golf course is owned by a number of past and present Sunbird homeowners, managed by a Board and a hired Manager. The Golf Course is experiencing considerable financial difficulties due to aging infrastructure and a lack of an adequate capital reserve fund. The Golf Board has been in constant conversations with the HOA over the years, to solicit help to pay for capital requirements. Since inception, the HOA has been resolved to not involve itself financially with the Golf Course, as the owners of the Golf Course are an independent third party, even though some of them are homeowners in the community of Sunbird. Approximately two years ago, the HOA agreed to change their CCR’s to allow for a percentage from home sale costs be contributed directly to the Sunbird Golf Course. A lawsuit is currently underway in relation to this. The Sunbird Golf Course operation has recently adopted a more business- like model, resulting in apparent increased efficiencies and golf course revenue, but is constantly looking for new ways to finance both the operation and capital requirements of operating a golf course successfully. The HOA, has no input as to what the Golf Course does or does not do on Golf Course land. ISSUE: The Sunbird Golf Course board has agreed to enter into a contract with Atlas Tower Group to build a 65-foot cell phone tower on the Sunbird Golf course, in order to ensure a constant revenue stream, it is argued, at the expense of the greater Sunbird residential community. Atlas Tower Group has recently applied to the City of Chandler for a permit to erect such a tower. REQUEST OF MAYOR AND COUNCIL: That the CITY OF CHANDLER MAYOR AND COUNCIL MEMBERS deny the Atlas Tower permit application to erect a cell phone tower on the Sunbird Golf course within the Sunbird residential community. REASON FOR THIS REQUEST: 1. It has been demonstrated throughout the United States that proximity to cell phone towers negatively impacts property values. Numerous studies indicate that home buyers are reluctant to buy homes near cell phone towers. The Wall Street Journal recently reported that “ In some areas with new towers, property values have decreased by 20%.” Most homeowners in Sunbird are 55+, many are 6 retired and consider their home as their major investment. They are relying on the sale value of their home for financial security in their later years. 2. Aesthetically, the cell phone tower is planned to resemble a coniferous tree, and will be located in a group of coniferous trees on the golf course. It will rise well above the existing trees and several of these trees will be removed in order to erect it. It will be very visible and not blend in at all. There is also a concern, that once constructed under the proper permits, a possible 20 more feet can be added to the top of the tower, with no need for additional permission or permitting. This was confirmed by the City of Chandler Planning Department. It has also been noted in other areas like commercial developments with a cell tower on the property, that a second cell phone tower has been erected beside the original tower. Concern for the number of potential towers on the Sunbird Golf Course exists. 3. NO other community group in the surrounding area was amenable to having a cell phone tower erected in their community when approached (by flyer) by Atlas Tower Group. This demonstrates a reluctance in surrounding HOA Boards and communities to have a cell phone tower built in the middle of their neighborhoods, but the Sunbird Golf Course is proceeding in their own best interests, not those of the Sunbird home owners. It has been indicated by The City of Chandler Planning Department that if approved, this would be the first permit allowing for a cell phone tower to be erected in the middle of a residential neighborhood. If so, this will be a precedent setting decision for the City of Chandler regarding the placement and approval of future applications for cell phone towers. 4. Health risks are inconclusive to date, but the chance of ANY risk of health possibly incurred by Sunbird residents or residents of ANY community, should not be acceptable. 5. Please note that I have done a little research into where the tower is going, and it looks as though it is not outside of the parameters set by the planning department. I see that it is approximately less than 160 feet from the nearest residential house. Also, what kind of protection is being given to the workers that work in the maintenance shed, which is directly next to the cell tower? 7 8 Thank you for your attention to this matter. Sincerely, Helen Mortimer, Sunbird Community 6401 S Championship Dr, Chandler, AZ 85249 360-387-9121 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. 9 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: helenbettes <helenbettes@comcast.net> Sent: Tuesday, July 18, 2023 8:02 PM To: Matt Orlando Cc: Benjamin Cereceres Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Thank you Matt. At the meeting is there any way we can differentiate "who" are the golf owners on record and will benefit from this? In the past the golf course put it in their favor to "stack" the meeting with golf course owners, and they did heckle those that were in opposition to silence them. This concerns me the Dave week happen at this meeting Thanks Helen Mortimer Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Matt Orlando <Matt.Orlando@chandleraz.gov> Date: 7/18/23 3:04 PM (GMT-08:00) To: helenbettes@comcast.net Cc: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Helen, Just an FYI, We’ve been receiving a lot emails supporting the cell tower. See at the Wednesday meeting All the Best Matt Matt Orlando Vice Mayor Chandler City Council 602-370-7536 2 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Friday, May 5, 2023 6:49 AM To: Matt Orlando <Matt.Orlando@chandleraz.gov> Cc: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Matt, I am looking forward to meeting you tomorrow and discussing the proposition of the SB Golf Course cell tower being within our residential community. There will be quite a few neighbors present who will give you a very broad oversight as to what kind of fabric this community is woven from. Sunbird is a unique community. Because of this uniqueness, my husband and I decided to winter down here from Washington. We are both retired. My husband was in the aerospace industry for 38 years. My background is a little vaster. I am a retired volunteer firefighter/EMT which was my most challenging career. While volunteering as a firefighter on nights and weekends, my day job was in the escrow and title industry for 25 years. I was licensed as a Limited Practice Officer closing escrow and examining and clearing titles on real and personal property. This background has given me some great awareness of real and personal property and its underlying restrictions and limitations. Using my past experience, I went ahead and did my own title search on the golf course. I looked at the underlying documents that are against the particular piece of property which the cell tower is to be put on (parcel 303-57-984) and I found that there is a document recorded with Maricopa County named “Amended Declaration of Restrictions for Golf Course Use”, under document number 2007060488. This document covers the whole golf course property. Below are some excerpts from that document. Paragraph 1 is as follows: The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. When I look at the statute, here is the definition: 3 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Paragraph 3 is as follows: The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Here is the statute 42-13154 (42-13153 does not exist): The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. This document binds the SB Golf Course considerably. Paragraph no. 3 is quite clear that they cannot enter into an agreement with any third party to give rights or interest with respect to the golf course (the “Premises”). Atlas Tower 1, LLC is a third party, and they are being given rights and interest to the premises. With that said, I cannot see how a permit can be issued, as it will go against the declaration. If they do erect a cell tower, this could also trigger the assessor to re-assess the property for the last 10 years and tack on interest and penalties. I checked with the county assessor, and currently they are being assessed at $500/acre, which is the calculation for a golf course. I am not sure if you were provided with a title report on this property, but it might be wise that the SB Golf Course provide that to you. I was going to present this document to you tomorrow, but I wanted the neighbors the opportunity 4 to talk with you – I don’t want to dominate the conversation. I am hoping the city can see the legal ramifications of this declaration. Again, I am looking forward to talking with you and introducing you to some of the Sunbird neighbors. I have attached the recorded documents Amended Declaration of Restrictions for Golf Course Use, and the Memorandum of Lease Agreement between Atlas and the SB Golf Course. Thank You, Helen M. From: Matt Orlando <Matt.Orlando@chandleraz.gov> Sent: Wednesday, May 3, 2023 11:51 AM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Ms Mortimer, I left you a brief voice mail earlier today. Could you please give me a call on my cell phone to discuss the cell tower? Thank you All the Best Matt Matt Orlando Vice Mayor Chandler City Council 5 602-370-7536 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Saturday, April 29, 2023 11:19 AM To: Brittany Barry <Brittany.Barry@chandleraz.gov> Cc: Mayor&Council <Mayor&Council@chandleraz.gov>; Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Brittany, Thank you for your reply. There are a few things that concern me with the cell tower in Sunbird. First and foremost is our community is made up of a majority of snowbirds, and I feel the golf club is waiting for most of the snowbirds to leave before proceeding with the next meeting, on purpose of course. This will be a great opportunity for the golf club to take advantage of the residents that are mostly affected by this to not voice their concerns, opinions, opposition, etc. I would like the city to really look at that and make the golf club wait until all of the residents are back in the community to hold the next meeting, which would be in the fall. I also feel that the owners of the golf club, which total around 200 owners In total, should not have individual voices at the meeting, but rather have only 1 voice as a whole. I heard from my neighbor at the first meeting, the golf club packed the neighborhood meeting with its owners to make the support of this proposition look good. Secondly, I am looking to the Mayor and city Council to protect me, my neighbor, future neighbors, and the community as a whole. This tower will represent up to a 20% reduction in our home values, and it will trickle down to other houses over time that are not within sight of the tower due to many factors including but not limited to people not wanting to move to Sunbird because of the tower in their community. Also, this tower will be the only tower within a residential community in the City of Chandler. If the City allows this tower to be erected, it sends a clear message to me that your citizens/residents/visitors are not valued, but rather business is the primary value, even if it is at the degradation of the citizens/residents/visitors. Thirdly, Atlas was out yesterday to show how tall the tower will be. As you can see from the picture it clearly is not going to “blend in”. It is going to tower all of the existing trees. It was also relayed at an HOA meeting that the trees that are there will be cut down. 20 more feet can be added by Atlas without any oversight from your jurisdiction or any permitting process. Either at the height of 65 feet, or another 20 feet, I definitely cannot see this tower “blending in”. As you can see I have many concerns about the construction of this cell tower in a 100% residential area, and I am looking to the City to protect its citizens/residents/visitors. 6 Thank You, Helen Mortimer From: Brittany Barry <Brittany.Barry@chandleraz.gov> Sent: Monday, April 24, 2023 2:09 PM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Good Afternoon, On behalf of Mayor and Council, thank you for reaching out regarding Atlas Tower Group’s Cell Tower Use Permit Application. Your feedback has been received and shared with the City Council. City staff is working with the applicant to move the cell tower further away from residential properties. There are also discussions taking place about changing the design to more closely match the existing pine trees on site. As part of the Use Permit process, a neighborhood meeting will be scheduled where you can share additional feedback. There is no date yet scheduled for this meeting. The assigned planner for this case is Ben Cereceres, who can be reached at Benjamin.cereceres@chandleraz.gov should you wish to submit additional comments at any time. Thank you again for your feedback. Brittany Barry Executive Management Assistant City of Chandler - Mayor and Council Office Phone: 480-782-2209 Website: https://www.chandleraz.gov The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 7 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Wednesday, April 19, 2023 2:45:51 PM (UTC-07:00) Arizona To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Attention Needed: Sunbird Cell Tower - City of Chandler To the Mayor and City Council Members of Chandler, Please accept this submission requesting that the permit application by Atlas Tower Group to erect a 65 foot cell phone tower on parcel number 303-57- 984 which is owned by Sunbird Golf Course and will be located in the 55+ Sunbird residential community, be denied. BACKGROUND: Sunbird is a Robson development built in the 1990’s, between Cooper and McQueen on Riggs. Sunbird Golf Course and Sunbird residential community (the “HOA”) are distinct entities, operated independently. The relationship between Sunbird Golf Course and the HOA is complex, as the golf course is owned by a number of past and present Sunbird homeowners, managed by a Board and a hired Manager. The Golf Course is experiencing considerable financial difficulties due to aging infrastructure and a lack of an adequate capital reserve fund. The Golf Board has been in constant conversations with the HOA over the years, to solicit help to pay for capital requirements. Since inception, the HOA has been resolved to not involve itself financially with the Golf Course, as the owners of the Golf Course are an independent third party, even though some of them are homeowners in the community of Sunbird. Approximately two years ago, the HOA agreed to change their CCR’s to allow for a percentage from home sale costs be contributed directly to the Sunbird Golf Course. A lawsuit is currently underway in relation to this. The Sunbird Golf Course operation has recently adopted a more business- like model, resulting in apparent increased efficiencies and golf course revenue, but is constantly looking for new ways to finance both the operation and capital requirements of operating a golf course successfully. The HOA, has no input as to what the Golf Course does or does not do on Golf Course land. ISSUE: 8 The Sunbird Golf Course board has agreed to enter into a contract with Atlas Tower Group to build a 65-foot cell phone tower on the Sunbird Golf course, in order to ensure a constant revenue stream, it is argued, at the expense of the greater Sunbird residential community. Atlas Tower Group has recently applied to the City of Chandler for a permit to erect such a tower. REQUEST OF MAYOR AND COUNCIL: That the CITY OF CHANDLER MAYOR AND COUNCIL MEMBERS deny the Atlas Tower permit application to erect a cell phone tower on the Sunbird Golf course within the Sunbird residential community. REASON FOR THIS REQUEST: 1. It has been demonstrated throughout the United States that proximity to cell phone towers negatively impacts property values. Numerous studies indicate that home buyers are reluctant to buy homes near cell phone towers. The Wall Street Journal recently reported that “ In some areas with new towers, property values have decreased by 20%.” Most homeowners in Sunbird are 55+, many are retired and consider their home as their major investment. They are relying on the sale value of their home for financial security in their later years. 2. Aesthetically, the cell phone tower is planned to resemble a coniferous tree, and will be located in a group of coniferous trees on the golf course. It will rise well above the existing trees and several of these trees will be removed in order to erect it. It will be very visible and not blend in at all. There is also a concern, that once constructed under the proper permits, a possible 20 more feet can be added to the top of the tower, with no need for additional permission or permitting. This was confirmed by the City of Chandler Planning Department. It has also been noted in other areas like commercial developments with a cell tower on the property, that a second cell phone tower has been erected beside the original tower. Concern for the number of potential towers on the Sunbird Golf Course exists. 3. NO other community group in the surrounding area was amenable to having a cell phone tower erected in their community when approached (by flyer) by Atlas Tower Group. This demonstrates a reluctance in surrounding HOA Boards and communities to have a cell phone tower built in the middle of their neighborhoods, but the Sunbird Golf Course is proceeding in their own best interests, not those of the Sunbird home owners. It has been indicated by The City of Chandler Planning Department that if approved, this would be the first permit allowing for a cell phone tower to be erected in the middle of a residential 9 neighborhood. If so, this will be a precedent setting decision for the City of Chandler regarding the placement and approval of future applications for cell phone towers. 4. Health risks are inconclusive to date, but the chance of ANY risk of health possibly incurred by Sunbird residents or residents of ANY community, should not be acceptable. 5. Please note that I have done a little research into where the tower is going, and it looks as though it is not outside of the parameters set by the planning department. I see that it is approximately less than 160 feet from the nearest residential house. Also, what kind of protection is being given to the workers that work in the maintenance shed, which is directly next to the cell tower? 10 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 11 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Thank you for your attention to this matter. Sincerely, Helen Mortimer, Sunbird Community 6401 S Championship Dr, Chandler, AZ 85249 360-387-9121 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 12 NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510- 2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Cornelius Whitehead <cwhitehead@atlastowers.com> Sent: Monday, August 7, 2023 1:25 PM To: helenbettes@comcast.net Cc: Lisa Kittredge; Jeff Valento; Maureen Moore; bglockwood; Benjamin Cereceres Subject: Re: Sunbird Cell Tower - follow up from last night Hey Helen! I likewise have not forgotten about this request. I am currently waiting on a written response from my legal team on your specific items raised. Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Mon, Jul 31, 2023 at 11:18 AM Cornelius Whitehead <cwhitehead@atlastowers.com> wrote: Hey Helen, Happy Monday! Hope you had a good weekend. Thanks for sending these our way. I see that Ben with the City of Chandler has responded to your email and I am thus removing the other City of Chandler representatives from this email chain for the time being. My team is reviewing these over and will get you a response as soon as possible. In the meantime please see list of questions that were asked during the online meeting in no particular order: Can you guarantee that I will not lose value on my property when this cell tower goes in? if I do sell my house and lose value becasue of it, will you pay the difference? As this is 5 G, will there be sub stations put in throughout the community? Please show the radius where the 5G tower will improve coverage? We are outside of 2000 ft of proposed tower location. Verizon 5G maps show Sunbird already has coverage. I also have verizon, and I have never dropped a call in Sunbird. I have great coverage everywhere. You read letters from people that had dropped calls while getting to 911 - I have a hard time believing that its all due to connectivity and some of these events might be exaggerated. So putting this cell tower in will do what to connectivity? You also state RF emissions are safe. What if is proven they are not safe? what will happen to this tower? Also, what is the future of the technology on this tower? Why would no other communities in and around Sunbird nor the reserve want a cell tower in their community? We will be the ONLY community with a cell tower! Is that a red flag for our community? Do you intend on adding to this? 2 How many towers could fit inside the proposed enclosure? Will you be maintaining the “compound” walls?? Will you maintain the “tree” to ensure things don’t start looking ratty? Those photos were taken from so far away, what about the people that are right on the green? you did not take any pictures of that. Have any additional cell providers (other than Verizon) expressed interest in using this tower? we are in the requirement area, we did not receive notification. We are withing 300 feet. How many other people did not receive notificaiton besides us that are in the notification requirment area?? Signs were not posted in very visible areas, who chose the locations for posting? will lease payments increase if additional carriers are added to the tower? If technology advances to the point where Wifi signals are linked through satellite and the tower becomes redundant, will you remove? And/or Will you remove at the end of the lease Seems this proposal is just the tower, but may Verizon or another carrier possibly add substations in the future? For city planners, can this project be placed on hold or delayed until winter months with the community homes are occupied rather than pushing this approval through during summer months? Does increasing the number of carriers on the tower increase the electromagnetic radio wave output? Does this increase any risk to human exposure? If you get more carriers, does the golf course get more money? What are next steps for approval or disapproval of this project? Is this a zoning change for the entire golf course property? 1) How many decibles in volume will this tower emit. I have heard of towers going into emergency mode, and the sound it emits is horrible. 2) who is responsible to field this? When were the FCC guidelines last updated? Since we are the first residential community that the city will possibly allow this kind of project right in the middle of a residential community, will this set a precedence of the city to allow for future projects such as this to be within other residential communities? So I am hearing, yes, the city will allow this in a residential community. Why are we going through these motions then, if there is nothing we as a community can do to stop this? If the golf course is zoned as a golf course, how can it be used for another purpose such as this? has the lease with the golf course been finalized How do I show that I support the construction of this tower. Trees die what is the requirement for golf course to plant new trees? Will Atlas and their subs be given a gate code? Are only the opinions of the people living within the 600 feet being considered for approval? when is the council having their meeting to review this and make a decision? is it going to be open for comments? Why is one of your criteria proximity to homes if there is no danger? I should be able to follow up with you before end of the week. Please feel free to reach out with any additional questions in the meantime! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. 3 On Fri, Jul 28, 2023 at 5:54 PM <helenbettes@comcast.net> wrote: Cornelius and all, As stated in the meeting last night, I am sending this to you to help you understand the restrictions the golf course has agreed to in existing documentation. I am attaching all documents in question, and I have provided excerpts within this email to help you in following what is in those documents. First and foremost, when I look at the consideration and meaning of a special use permit, I understand it allows a property or parcel of land to be used in a manner that deviates from its normally accepted activity. Based on that, can it be construed that Atlas and the golf course are changing the zoning by allowing the golf course to deviate from its intended use as promised in these documents? Here are some documents that bolster the argument that they are deviating from their current zoning: 1.1999 Transition Agreement: Paragraph 11; As part of the 1999 Transition agreement – it states it shall remain a golf course, AND shall not be rezoned for any purpose in consistent therewith. And again, this statement is reiterated in the following document. 4 2.Document 20000427330, paragraph no. 5 3.Amended Declarations for Restriction for Golf Course Use – document no. 20070604888 Within this declaration are two paragraphs (below). I can see that the tower will be going against both paragraphs. 5 I look forward to your reply after you have looked at these. Can you also send to me the questions that were asked on the chat last evening? Thank you, Helen Mortimer CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Cornelius Whitehead <cwhitehead@atlastowers.com> Sent: Monday, August 7, 2023 1:22 PM To: helenbettes@comcast.net Cc: Benjamin Cereceres; Lisa Kittredge; Jeff Valento; Maureen Moore; bglockwood Subject: Re: Sunbird Cell Tower - follow up from last night Hey Helen, Thanks for the follow up, I had not forgotten about you. Moreover, I am still waiting on documents back from VZW before we send along our updates to the City and Community. My apologies that you received the neighborhood notice on August 4th. I am not sure why it took so long for your notice to arrive as we sent out all letters on June 23 and had been receiving comments from the community since then. We did have a small number of mailers returned by the USPS prior to the meeting date as they were not able to deliver to the correct address/land owner due to incorrect property data from the assessor website but nothing was returned due to lack of postage and I see that your package was not among them. The amount of community engagement on this project has greatly exceeded that of any of our other previously completed projects and I assure you that we have made all efforts to make sure the community was/is aware of our proposal and has had a chance to comment on it. We are still actively taking comments and are happy to answer any additional questions about the project. After our initial neighborhood meeting in January as subsequent follow up meetings in July, we feel that the community recognizes the need for mobile coverage and supports the project. We are currently waiting on the coverage maps from VZW to include when our application goes to the Planning Commission hearing on September 20th as well as subsequent City Council hearing October 19th. Please let me know if you have any additional questions in the meantime! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Sun, Aug 6, 2023 at 12:45 PM <helenbettes@comcast.net> wrote: Cornelius, As of Thursday last week, we had not received our documents that were supposed to be sent out to the those affected within the community. You also were going to look into it, but I think this was something you forgot about. We were 2 one of those residents who should had received the package. We received it in the mail Friday (8/4/2023). It seems it did not get to us because Atlas did not put enough postage on the envelope. How many other people did this happen to? If it did happen to more than just us, how many of them did not know about the meeting. Not everyone is hooked up to the internet, which was the only reason I knew about the meeting because the city was kind enough to send me the date, time and link. This is concerning. Thanks Helen From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Friday, July 28, 2023 4:53 PM To: cwhitehead@atlastowers.com; 'Benjamin Cereceres' <Benjamin.Cereceres@chandleraz.gov>; mayorandcouncil@chandleraz.gov; 'Matt Orlando' <Matt.Orlando@chandleraz.gov> Cc: 'Lisa Kittredge' <lisakittredge@gmail.com>; 'Jeff Valento' <jdvalento@gmail.com>; 'Maureen Moore' <maureen_moore_88@hotmail.com>; 'bglockwood' <bglockwood@aol.com> Subject: Sunbird Cell Tower - follow up from last night Cornelius and all, As stated in the meeting last night, I am sending this to you to help you understand the restrictions the golf course has agreed to in existing documentation. I am attaching all documents in question, and I have provided excerpts within this email to help you in following what is in those documents. First and foremost, when I look at the consideration and meaning of a special use permit, I understand it allows a property or parcel of land to be used in a manner that deviates from its normally accepted activity. Based on that, can it be construed that Atlas and the golf course are changing the zoning by allowing the golf course to deviate from its intended use as promised in these documents? Here are some documents that bolster the argument that they are deviating from their current zoning: 1) 1999 Transition Agreement: Paragraph 11; As part of the 1999 Transition agreement – it states it shall remain a golf course, AND shall not be rezoned for any purpose in consistent therewith. 3 And again, this statement is reiterated in the following document. 2) Document 20000427330, paragraph no. 5 4 3) Amended Declarations for Restriction for Golf Course Use – document no. 20070604888 Within this declaration are two paragraphs (below). I can see that the tower will be going against both paragraphs. I look forward to your reply after you have looked at these. Can you also send to me the questions that were asked on the chat last evening? Thank you, Helen Mortimer CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres Sent: Tuesday, April 4, 2023 2:01 PM To: helenbettes@comcast.net Subject: RE: Sunbird cell phone tower - Questions Good aŌernoon Helen: Thank you for reaching out. Please see below for responses to your inquiries. - what are the rules/regulaƟons/standard pracƟces the city looks at for making decisions to grant a valid permit for the construcƟon of a cell tower? For this type of request, the applicant will need to process a Use Permit which is a public hearing process. - Does the city listen to the community at large of their opposiƟon and use that as weight to deny or grant an applicaƟon? The - I guess with that quesƟon I am asking is if we have any voice with the city’s decision, or are we a silent majority that has no say? - Do you know of any evidence that supports that this cell phone tower is needed? Feel free to reach out should you have any addiƟonal quesƟons or comments. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Sunday, April 2, 2023 11:15 AM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: FW: Sunbird cell phone tower - Questions Mr. Cereceres, I am a homeowner that is within 200 feet of the proposed cell phone tower that is to be located in Sunbird. AŌer researching the internet on cell phone towers I have become a liƩle concerned as to the affects this proposed tower will have on my health, environment and property values. I feel the golf club is only doing this for the money, which in my opinion is selfish on their part and it shows they do not have an interest in their community. 2 With that said, what are the rules/regulaƟons/standard pracƟces the city looks at for making decisions to grant a valid permit for the construcƟon of a cell tower? Also, does the city listen to the community at large of their opposiƟon and use that as weight to deny or grant an applicaƟon? I guess with that quesƟon I am asking is if we have any voice with the city’s decision, or are we a silent majority that has no say? Also, do you know of any evidence that supports that this cell phone tower is needed? Has the golf club presented any of that to you? I ask, because I currently have Verizon with my cell phone, and I get great coverage with 5G – I quesƟon the need for this tower. I appreciate your help in this maƩer and welcome any input you may have. Thank you for your Ɵme. Helen MorƟmer 6401 S Championship Dr Chandler, AZ 85249 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: helenbettes@comcast.net Sent: Saturday, April 29, 2023 11:19 AM To: Brittany Barry Cc: Mayor&Council; Benjamin Cereceres Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Attachments: how tall it will be.jpg Brittany, Thank you for your reply. There are a few things that concern me with the cell tower in Sunbird. First and foremost is our community is made up of a majority of snowbirds, and I feel the golf club is waiting for most of the snowbirds to leave before proceeding with the next meeting, on purpose of course. This will be a great opportunity for the golf club to take advantage of the residents that are mostly affected by this to not voice their concerns, opinions, opposition, etc. I would like the city to really look at that and make the golf club wait until all of the residents are back in the community to hold the next meeting, which would be in the fall. I also feel that the owners of the golf club, which total around 200 owners In total, should not have individual voices at the meeting, but rather have only 1 voice as a whole. I heard from my neighbor at the first meeting, the golf club packed the neighborhood meeting with its owners to make the support of this proposition look good. Secondly, I am looking to the Mayor and city Council to protect me, my neighbor, future neighbors, and the community as a whole. This tower will represent up to a 20% reduction in our home values, and it will trickle down to other houses over time that are not within sight of the tower due to many factors including but not limited to people not wanting to move to Sunbird because of the tower in their community. Also, this tower will be the only tower within a residential community in the City of Chandler. If the City allows this tower to be erected, it sends a clear message to me that your citizens/residents/visitors are not valued, but rather business is the primary value, even if it is at the degradation of the citizens/residents/visitors. Thirdly, Atlas was out yesterday to show how tall the tower will be. As you can see from the picture it clearly is not going to “blend in”. It is going to tower all of the existing trees. It was also relayed at an HOA meeting that the trees that are there will be cut down. 20 more feet can be added by Atlas without any oversight from your jurisdiction or any permitting process. Either at the height of 65 feet, or another 20 feet, I definitely cannot see this tower “blending in”. As you can see I have many concerns about the construction of this cell tower in a 100% residential area, and I am looking to the City to protect its citizens/residents/visitors. Thank You, Helen Mortimer From: Brittany Barry <Brittany.Barry@chandleraz.gov> Sent: Monday, April 24, 2023 2:09 PM To: helenbettes@comcast.net Subject: RE: Attention Needed: Sunbird Cell Tower - City of Chandler Good Afternoon, On behalf of Mayor and Council, thank you for reaching out regarding Atlas Tower Group’s Cell Tower Use Permit Application. Your feedback has been received and shared with the 2 City Council. City staff is working with the applicant to move the cell tower further away from residential properties. There are also discussions taking place about changing the design to more closely match the existing pine trees on site. As part of the Use Permit process, a neighborhood meeting will be scheduled where you can share additional feedback. There is no date yet scheduled for this meeting. The assigned planner for this case is Ben Cereceres, who can be reached at Benjamin.cereceres@chandleraz.gov should you wish to submit additional comments at any time. Thank you again for your feedback. Brittany Barry Executive Management Assistant City of Chandler - Mayor and Council Office Phone: 480-782-2209 Website: https://www.chandleraz.gov From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Wednesday, April 19, 2023 2:45:51 PM (UTC-07:00) Arizona To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Attention Needed: Sunbird Cell Tower - City of Chandler To the Mayor and City Council Members of Chandler, Please accept this submission requesting that the permit application by Atlas Tower Group to erect a 65 foot cell phone tower on parcel number 303-57-984 which is owned by Sunbird Golf Course and will be located in the 55+ Sunbird residential community, be denied. BACKGROUND: Sunbird is a Robson development built in the 1990’s, between Cooper and McQueen on Riggs. Sunbird Golf Course and Sunbird residential community (the “HOA”) are distinct entities, operated independently. The relationship between Sunbird Golf Course and the HOA is complex, as the golf course is owned by a number of past and present Sunbird homeowners, managed by a Board and a hired Manager. The Golf Course is experiencing considerable financial difficulties due to aging infrastructure and a lack of an adequate capital reserve fund. The Golf Board has been 3 in constant conversations with the HOA over the years, to solicit help to pay for capital requirements. Since inception, the HOA has been resolved to not involve itself financially with the Golf Course, as the owners of the Golf Course are an independent third party, even though some of them are homeowners in the community of Sunbird. Approximately two years ago, the HOA agreed to change their CCR’s to allow for a percentage from home sale costs be contributed directly to the Sunbird Golf Course. A lawsuit is currently underway in relation to this. The Sunbird Golf Course operation has recently adopted a more business-like model, resulting in apparent increased efficiencies and golf course revenue, but is constantly looking for new ways to finance both the operation and capital requirements of operating a golf course successfully. The HOA, has no input as to what the Golf Course does or does not do on Golf Course land. ISSUE: The Sunbird Golf Course board has agreed to enter into a contract with Atlas Tower Group to build a 65-foot cell phone tower on the Sunbird Golf course, in order to ensure a constant revenue stream, it is argued, at the expense of the greater Sunbird residential community. Atlas Tower Group has recently applied to the City of Chandler for a permit to erect such a tower. REQUEST OF MAYOR AND COUNCIL: That the CITY OF CHANDLER MAYOR AND COUNCIL MEMBERS deny the Atlas Tower permit application to erect a cell phone tower on the Sunbird Golf course within the Sunbird residential community. REASON FOR THIS REQUEST: 1. It has been demonstrated throughout the United States that proximity to cell phone towers negatively impacts property values. Numerous studies indicate that home buyers are reluctant to buy homes near cell phone towers. The Wall Street Journal recently reported that “ In some areas with new towers, property values have decreased by 20%.” Most homeowners in Sunbird are 55+, many are retired and consider their home as their major investment. They are relying on the sale value of their home for financial security in their later years. 2. Aesthetically, the cell phone tower is planned to resemble a coniferous tree, and will be located in a group of coniferous trees on the golf course. It will rise well above the existing trees and several of these trees will be removed in order to erect it. It will be very visible and not blend in at all. There is also a concern, that once constructed under the proper permits, a possible 20 more feet can be added to the top of the tower, with no need for additional permission or permitting. This was confirmed by the City of 4 Chandler Planning Department. It has also been noted in other areas like commercial developments with a cell tower on the property, that a second cell phone tower has been erected beside the original tower. Concern for the number of potential towers on the Sunbird Golf Course exists. 3. NO other community group in the surrounding area was amenable to having a cell phone tower erected in their community when approached (by flyer) by Atlas Tower Group. This demonstrates a reluctance in surrounding HOA Boards and communities to have a cell phone tower built in the middle of their neighborhoods, but the Sunbird Golf Course is proceeding in their own best interests, not those of the Sunbird home owners. It has been indicated by The City of Chandler Planning Department that if approved, this would be the first permit allowing for a cell phone tower to be erected in the middle of a residential neighborhood. If so, this will be a precedent setting decision for the City of Chandler regarding the placement and approval of future applications for cell phone towers. 4. Health risks are inconclusive to date, but the chance of ANY risk of health possibly incurred by Sunbird residents or residents of ANY community, should not be acceptable. 5. Please note that I have done a little research into where the tower is going, and it looks as though it is not outside of the parameters set by the planning department. I see that it is approximately less than 160 feet from the nearest residential house. Also, what kind of protection is being given to the workers that work in the maintenance shed, which is directly next to the cell tower? 5 6 Thank you for your attention to this matter. Sincerely, Helen Mortimer, Sunbird Community 6401 S Championship Dr, Chandler, AZ 85249 360-387-9121 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. 7 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, August 1, 2023 8:56 AM To: Jan Johnson Subject: RE: PLH23-0020 HuntHighwayCellTower Good morning Jan: The notification area is taken 600’ from the subject site and a list of Registered Neighborhood Organization (RNO’s) within ¼ are also provided with the notice. Since the notification area has contact information and mailing addresses we are not able to release the list of neighbors that received the notice. But, you are able to go to Maricopa County Assessors website and generate the mailing list. Below is a link on how to generate the mailing list: https://www.chandleraz.gov/sites/default/files/UDMDevServ/Generating-Mailing-Labels.pdf Please keep in mind that the proposal is not a rezoning request but a Use Permit application. The underlying Zoning for the property will not be modified. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Jan Johnson <janj@att.net> Sent: Thursday, July 27, 2023 7:16 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: PLH23-0020 HuntHighwayCellTower Hi Ben I attended the Atlas meeting last night and inquired about which homeowners received notice regarding the tower. I was a told a list of addresses was provided by CofC to the golf club/Atlas to send notices regarding their intention of placing a cell tower within Sunbird. Would it be possible to get the boundaries given for such addresses within Sunbird of who received these notices? Also, the golf course is zoned and taxed by CofC as a golf course land only. How can the golf club as a private entity legally ‘lease’ land to another private company? Can this be rezoned and approved by CofC and opened to whatever else the want to throw on their golf course land? Thank you so much for your time. Jan Johnson 2 On May 2, 2023, at 8:49 AM, Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> wrote: Good morning Jan: The applicant has submitted the correct application and City staff has reviewed the submittal documents and provided corrections/comments. The case number is PLH23-0020 HuntHighwayCellTower. You are able to request documents through a Public Records Request. Below is a link to the public records request: https://www.chandleraz.gov/sites/default/files/City-of-Chandler-Public-Records-Request-Development- Services-May-2020.pdf The following forms are provided for public notification: 1. A neighborhood meeting notice and public hearing dates notice will be sent out to neighbors within 600’ of the subject site 2. A neighborhood notice and public hearing dates notice will be sent to Registered Neighborhood Organization (RNO’s) within a ¼ mile of the subject site. 3. An orange sign will be posted for the neighborhood meeting and public hearing dates. They will need to be posted close to the location of the proposed facility. 4. The request will be published in the AZ Central/AZ Republic 5. The City of Chandler posts the Neighborhood Meeting notice on social media via NextDoor. Residents are able to provide feedback and comments at any time during the process all the way up to the City Council Hearing dates. For the neighborhood meeting a 15 day review period is given prior to the meeting and a 30 day period is given to the Planning and Zoning Commission hearing dates. I will take note of your concerns regarding the request and have added them to the case file. Feel free to reach out should you have any question or additional comments/concerns. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Jan Johnson <janj@att.net> Sent: Tuesday, May 2, 2023 7:44 AM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Cc: jilleejohnson@yahoo.com Subject: Sunbird Golf Community Good morning Ben 3 Is there an official application from Atlas Towers yet? Is there a case number? Will I be able to access in public records? How will the entire Sunbird HOA community be given proper notice? IE: mailed correspondence to all residences including the winter visitors home addresses provided to the office as well as large community sign on Championship drive at the Riggs gate entrance? With ample time to respond. I find it curious this project was basically sidelined for 5 months while the winter visitors were here and could have participated in any required community meetings, thereby avoiding confrontation . Please do not approve this project. There are plenty of other areas for placement than inside a senior gated community whereby the residents don’t have an official say what is erected on the golf course. This project has basically been kept from the community. The Sunbird Golf company is overreaching their authority because they are close to defaulting and desperate for any kind of income and not related to a golf business. This jeopardizes are housing prices and introduces unfounded health issues. Thank you Jan Johnson CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, May 2, 2023 8:50 AM To: Jan Johnson Cc: jilleejohnson@yahoo.com Subject: RE: Sunbird Golf Community Good morning Jan: The applicant has submitted the correct application and City staff has reviewed the submittal documents and provided corrections/comments. The case number is PLH23-0020 HuntHighwayCellTower. You are able to request documents through a Public Records Request. Below is a link to the public records request: https://www.chandleraz.gov/sites/default/files/City-of-Chandler-Public-Records-Request-Development-Services-May- 2020.pdf The following forms are provided for public notification: - A neighborhood meeting notice and public hearing dates notice will be sent out to neighbors within 600’ of the subject site - A neighborhood notice and public hearing dates notice will be sent to Registered Neighborhood Organization (RNO’s) within a ¼ mile of the subject site. - An orange sign will be posted for the neighborhood meeting and public hearing dates. They will need to be posted close to the location of the proposed facility. - The request will be published in the AZ Central/AZ Republic - The City of Chandler posts the Neighborhood Meeting notice on social media via NextDoor. Residents are able to provide feedback and comments at any time during the process all the way up to the City Council Hearing dates. For the neighborhood meeting a 15 day review period is given prior to the meeting and a 30 day period is given to the Planning and Zoning Commission hearing dates. I will take note of your concerns regarding the request and have added them to the case file. Feel free to reach out should you have any question or additional comments/concerns. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Jan Johnson <janj@att.net> Sent: Tuesday, May 2, 2023 7:44 AM 2 To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Cc: jilleejohnson@yahoo.com Subject: Sunbird Golf Community Good morning Ben Is there an official application from Atlas Towers yet? Is there a case number? Will I be able to access in public records? How will the entire Sunbird HOA community be given proper notice? IE: mailed correspondence to all residences including the winter visitors home addresses provided to the office as well as large community sign on Championship drive at the Riggs gate entrance? With ample time to respond. I find it curious this project was basically sidelined for 5 months while the winter visitors were here and could have participated in any required community meetings, thereby avoiding confrontation . Please do not approve this project. There are plenty of other areas for placement than inside a senior gated community whereby the residents don’t have an official say what is erected on the golf course. This project has basically been kept from the community. The Sunbird Golf company is overreaching their authority because they are close to defaulting and desperate for any kind of income and not related to a golf business. This jeopardizes are housing prices and introduces unfounded health issues. Thank you Jan Johnson CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Cornelius Whitehead <cwhitehead@atlastowers.com> Sent: Tuesday, May 2, 2023 1:26 PM To: Jan Johnson Cc: Jilleejohnson@yahoo.com; Benjamin Cereceres Subject: Re: Sunbird Golf Community Arizona Hey Jan, Thank you for getting back to me with your comments. Please see my responses below: I do respectfully disagree with your qualification that this project has been a "hidden agenda" item. I would imagine that this perception comes from less that this is a "hidden" project and moreover that this project is relatively early on in the development process. We had a preliminary neighborhood meeting to judge the initial interest prior to our official application submission with the City of Chandler back in January, which was by far the largest community meeting we have ever hosted and the feedback was overwhelmingly positive. We have been engaged with the City of Chandler to answer all comments/questions about this project from neighbors, which have been coming in since our preliminary meeting. We are also going to schedule another neighborhood meeting in the future, under the notification requirements as set by the City of Chandler as well as additional notices and flyers published around the golf house. After this meeting we will then have 2 separate hearings through the City of Chandler. Even if you cannot make the meeting or hearings, your comments will be noted by City planning staff. We adjusted our site location based on City/Community comments in order to maximize distance from nearby residential homes. We are having photo simulations created prior to this meeting to show the community exactly what this project will look like and we had a balloon test conducted on the exact tower location to accurately show proposed tower height. These are all steps that we have taken prior to scheduling the official neighborhood meeting as required by the City of Chandler. Please let me know if you have any additional questions! I have CC'd City of Chandler Planning staff to this email if you have specific questions about the review process! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. 2 On Tue, May 2, 2023 at 11:44 AM Jan Johnson <janj@att.net> wrote: Cornelius Appreciate your quick response. Atlas Response: We have indeed sent out notices to the community! We also posted notices in common areas, had a preliminary community meeting on 1-11-23 with roughly 180 people in attendance and we are planning on having an Where exactly were those notices sent? There was No signage on primary roads. No residential mailings. I found out by a small link at the bottom of an eblast a few weeks before the meeting? I canvassed my neighborhood to which not one person knew about the proposed tower. Most don’t go up to the clubhouse to read bulletin boards. And only one receives the eblast and didn’t see it because it was buried under the golf course link. If you don’t play golf, you typically don’t go to meetings or randomly enter the pro shop. The HOA says it’s a Golfs club deal and the golf club attitude is we own the property we can do whatever with no regard to the residents. 180 people in attendance out of 1600 homes is proof even the meeting was not known. Haven’t heard anything more about it until this week and it wasn’t from the HOA or the Golf Club. Hence my question to what communication effort will be put forth this time. Knowing a good majority of residents have now conveniently left. This has been a hidden agenda and should be more transparent and not a treasure hunt for information. Thankfully someone started a website to share information as they learn about it. Unrelated to any parties involved in the project. How are residents going to be notified for the chandler meeting and also sunbirds meeting if we want to attend both? I have done plenty of research regarding antennas vs Towers etc. which is why I don’t want one in the community. Thank you Jan On May 2, 2023, at 8:31 AM, Cornelius Whitehead <cwhitehead@atlastowers.com> wrote: Hey Jan, Thanks for sending along your comments and questions! Please see my responses below! What effect do cell towers have on pacemakers? Since Sunbird is a retirement community the usage of these devices are more prominent. Atlas Response: Absolutely none. The FCC regulates any potential adverse health effects and has concluded that cell towers have no effect on pacemakers and more than cell phones themselves. Also who carries the liability of health risks damage? City of chandler for approving the tower so close to residential homes? Atlas Tower for placing it? Sunbird Golf Club Inc because it’s their property? Atlas Response: There is no liability to be had for "health effects", per say. The FCC is the governmental agency tasked with regulating this type of industry for safety and the FCC has concluded under normal operation there are no adverse health effects from cell towers. The FCC is also responsible for making sure your wi-fi router is safe as well. This is similar to the way the FDA 3 controls safety for food and drug regulations. Have the immediate homes within a stones throw of the tower location been properly notified of what exactly is going up in their back patio view and given approval? Atlas Response: We have indeed sent out notices to the community! We also posted notices in common areas, had a preliminary community meeting on 1-11-23 with roughly 180 people in attendance and we are planning on having an additional community meeting in the future. We are making all efforts to make sure members of the community are well aware of this project. How will the entire Sunbird HOA community be given proper notice? IE: mailed correspondence to all residences including the winter visitors home addresses provided to the office as well as large community sign on Championship drive at the Riggs gate entrance? With ample time to respond. Atlas Response: Absolutely! As mentioned below we are going to have another community meeting with ample notice to residents. I find it curious this project was basically sidelined for 5 months while the winter visitors were here and could have participated in any required community meetings, thereby avoiding confrontation . Atlas Response: This project at no point has been "sidelined" and I am curious as to where that perception is coming from. Would you mind providing some additional details from your point of view as to why you feel this project was "sidelined"? This area was identified to us by Verizon in mid '22, we identified and found a suitable location (Sun Bird) that worked for Verizon coverage in late '22. We had a preliminary neighborhood meeting in early '23 and since then we have been actively working with the community and Chandler City staff to adjust our project to best fit the area. We will also have another community meeting about this project prior to moving through the Chandler hearing process. How many Atlas towers are installed in Arizona and reside within a gated community? Atlas Response: None, this would be our first project within AZ. However we are not reinventing the wheel on this project and a faux pine tree design is very common in the telecom industry. I have attached an example of a previous faux pine tree project that we completed. Keep in mind that the proposed tower at sunbird is about half of the size of the below example. <SkagitHighlands_collage (7).jpg> Please reconsider putting this project outside our community. This huge tower will have detrimental effects to our housing prices much less other health concerns. Atlas Response: I would recommend that you look more into the FCC regulations on cell towers and health regulations. I have added some quick links from the American Cancer Society that provide some great information. https://www.cancer.org/healthy/cancer-causes/radiation-exposure/cellular-phone-towers.html https://www.cancer.org/healthy/cancer-causes/radiation-exposure/cellular-phones.html We did look into alternative areas. In our initial due diligence we looked into all properties in the greater area that met the following qualifications. 1. In an area close enough to fix where Verizon is lacking coverage 2. In an area that maximizes distance from residential communities 3. Had enough space to host this project 4. Had a willing land owner 4 Simply put, there is no other location outside of this community that would be able to fix the coverage within this area. How many employees of Atlas live within 1/4mile of a Tower with multiple antennas? Atlas Response: I cannot speak for other employees as this is not any data that we track. However I can attest that I live within a 1/2 mile of 2 active towers and work within 1/4 mile of active antennas as well. With the demand that cellular phones put on the mobile network, it is very common to be at least 1/2 mile from any cellular infrastructure at any given time. Please let me know if you have any additional questions about the project! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Tue, May 2, 2023 at 8:30 AM Jan Johnson <janj@att.net> wrote: Hi Cornelius I have a few questions. What effect do cell towers have on pacemakers? Since Sunbird is a retirement community the usage of these devices are more prominent. Also who carries the liability of health risks damage? City of chandler for approving the tower so close to residential homes? Atlas Tower for placing it? Sunbird Golf Club Inc because it’s their property? Have the immediate homes within a stones throw of the tower location been properly notified of what exactly is going up in their back patio view and given approval? How will the entire Sunbird HOA community be given proper notice? IE: mailed correspondence to all residences including the winter visitors home addresses provided to the office as well as large community sign on Championship drive at the Riggs gate entrance? With ample time to respond. I find it curious this project was basically sidelined for 5 months while the winter visitors were here and could have participated in any required community meetings, thereby avoiding confrontation . How many Atlas towers are installed in Arizona and reside within a gated community? Please reconsider putting this project outside our community. This huge tower will have detrimental effects to our housing prices much less other health concerns. How many employees of Atlas live within 1/4mile of a Tower with multiple antennas? 5 Thank you Jan Johnson CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Cornelius Whitehead <cwhitehead@atlastowers.com> Sent: Monday, August 7, 2023 1:25 PM To: helenbettes@comcast.net Cc: Lisa Kittredge; Jeff Valento; Maureen Moore; bglockwood; Benjamin Cereceres Subject: Re: Sunbird Cell Tower - follow up from last night Hey Helen! I likewise have not forgotten about this request. I am currently waiting on a written response from my legal team on your specific items raised. Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Mon, Jul 31, 2023 at 11:18 AM Cornelius Whitehead <cwhitehead@atlastowers.com> wrote: Hey Helen, Happy Monday! Hope you had a good weekend. Thanks for sending these our way. I see that Ben with the City of Chandler has responded to your email and I am thus removing the other City of Chandler representatives from this email chain for the time being. My team is reviewing these over and will get you a response as soon as possible. In the meantime please see list of questions that were asked during the online meeting in no particular order: Can you guarantee that I will not lose value on my property when this cell tower goes in? if I do sell my house and lose value becasue of it, will you pay the difference? As this is 5 G, will there be sub stations put in throughout the community? Please show the radius where the 5G tower will improve coverage? We are outside of 2000 ft of proposed tower location. Verizon 5G maps show Sunbird already has coverage. I also have verizon, and I have never dropped a call in Sunbird. I have great coverage everywhere. You read letters from people that had dropped calls while getting to 911 - I have a hard time believing that its all due to connectivity and some of these events might be exaggerated. So putting this cell tower in will do what to connectivity? You also state RF emissions are safe. What if is proven they are not safe? what will happen to this tower? Also, what is the future of the technology on this tower? Why would no other communities in and around Sunbird nor the reserve want a cell tower in their community? We will be the ONLY community with a cell tower! Is that a red flag for our community? Do you intend on adding to this? 2 How many towers could fit inside the proposed enclosure? Will you be maintaining the “compound” walls?? Will you maintain the “tree” to ensure things don’t start looking ratty? Those photos were taken from so far away, what about the people that are right on the green? you did not take any pictures of that. Have any additional cell providers (other than Verizon) expressed interest in using this tower? we are in the requirement area, we did not receive notification. We are withing 300 feet. How many other people did not receive notificaiton besides us that are in the notification requirment area?? Signs were not posted in very visible areas, who chose the locations for posting? will lease payments increase if additional carriers are added to the tower? If technology advances to the point where Wifi signals are linked through satellite and the tower becomes redundant, will you remove? And/or Will you remove at the end of the lease Seems this proposal is just the tower, but may Verizon or another carrier possibly add substations in the future? For city planners, can this project be placed on hold or delayed until winter months with the community homes are occupied rather than pushing this approval through during summer months? Does increasing the number of carriers on the tower increase the electromagnetic radio wave output? Does this increase any risk to human exposure? If you get more carriers, does the golf course get more money? What are next steps for approval or disapproval of this project? Is this a zoning change for the entire golf course property? 1) How many decibles in volume will this tower emit. I have heard of towers going into emergency mode, and the sound it emits is horrible. 2) who is responsible to field this? When were the FCC guidelines last updated? Since we are the first residential community that the city will possibly allow this kind of project right in the middle of a residential community, will this set a precedence of the city to allow for future projects such as this to be within other residential communities? So I am hearing, yes, the city will allow this in a residential community. Why are we going through these motions then, if there is nothing we as a community can do to stop this? If the golf course is zoned as a golf course, how can it be used for another purpose such as this? has the lease with the golf course been finalized How do I show that I support the construction of this tower. Trees die what is the requirement for golf course to plant new trees? Will Atlas and their subs be given a gate code? Are only the opinions of the people living within the 600 feet being considered for approval? when is the council having their meeting to review this and make a decision? is it going to be open for comments? Why is one of your criteria proximity to homes if there is no danger? I should be able to follow up with you before end of the week. Please feel free to reach out with any additional questions in the meantime! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. 3 On Fri, Jul 28, 2023 at 5:54 PM <helenbettes@comcast.net> wrote: Cornelius and all, As stated in the meeting last night, I am sending this to you to help you understand the restrictions the golf course has agreed to in existing documentation. I am attaching all documents in question, and I have provided excerpts within this email to help you in following what is in those documents. First and foremost, when I look at the consideration and meaning of a special use permit, I understand it allows a property or parcel of land to be used in a manner that deviates from its normally accepted activity. Based on that, can it be construed that Atlas and the golf course are changing the zoning by allowing the golf course to deviate from its intended use as promised in these documents? Here are some documents that bolster the argument that they are deviating from their current zoning: 1.1999 Transition Agreement: Paragraph 11; As part of the 1999 Transition agreement – it states it shall remain a golf course, AND shall not be rezoned for any purpose in consistent therewith. And again, this statement is reiterated in the following document. 4 2.Document 20000427330, paragraph no. 5 3.Amended Declarations for Restriction for Golf Course Use – document no. 20070604888 Within this declaration are two paragraphs (below). I can see that the tower will be going against both paragraphs. 5 I look forward to your reply after you have looked at these. Can you also send to me the questions that were asked on the chat last evening? Thank you, Helen Mortimer CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Cornelius Whitehead <cwhitehead@atlastowers.com> Sent: Monday, August 7, 2023 1:22 PM To: helenbettes@comcast.net Cc: Benjamin Cereceres; Lisa Kittredge; Jeff Valento; Maureen Moore; bglockwood Subject: Re: Sunbird Cell Tower - follow up from last night Hey Helen, Thanks for the follow up, I had not forgotten about you. Moreover, I am still waiting on documents back from VZW before we send along our updates to the City and Community. My apologies that you received the neighborhood notice on August 4th. I am not sure why it took so long for your notice to arrive as we sent out all letters on June 23 and had been receiving comments from the community since then. We did have a small number of mailers returned by the USPS prior to the meeting date as they were not able to deliver to the correct address/land owner due to incorrect property data from the assessor website but nothing was returned due to lack of postage and I see that your package was not among them. The amount of community engagement on this project has greatly exceeded that of any of our other previously completed projects and I assure you that we have made all efforts to make sure the community was/is aware of our proposal and has had a chance to comment on it. We are still actively taking comments and are happy to answer any additional questions about the project. After our initial neighborhood meeting in January as subsequent follow up meetings in July, we feel that the community recognizes the need for mobile coverage and supports the project. We are currently waiting on the coverage maps from VZW to include when our application goes to the Planning Commission hearing on September 20th as well as subsequent City Council hearing October 19th. Please let me know if you have any additional questions in the meantime! Cornelius Whitehead Territory Manager (720) 466-1508 cwhitehead@atlastowers.com www.atlastowers.com 3002 Bluff St. Suite 300 Boulder, CO 80301 Corneli us Whit ehea d AZ, CO, NM, NV Territory Ma nage r (720 ) 4 66-1 508 cwhiteh ead@a tlast owe rs.com www.atla stow ers.c om 3002 Blu ff St. Suit e 30 0 Boulde r, CO 803 01 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. On Sun, Aug 6, 2023 at 12:45 PM <helenbettes@comcast.net> wrote: Cornelius, As of Thursday last week, we had not received our documents that were supposed to be sent out to the those affected within the community. You also were going to look into it, but I think this was something you forgot about. We were 2 one of those residents who should had received the package. We received it in the mail Friday (8/4/2023). It seems it did not get to us because Atlas did not put enough postage on the envelope. How many other people did this happen to? If it did happen to more than just us, how many of them did not know about the meeting. Not everyone is hooked up to the internet, which was the only reason I knew about the meeting because the city was kind enough to send me the date, time and link. This is concerning. Thanks Helen From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Friday, July 28, 2023 4:53 PM To: cwhitehead@atlastowers.com; 'Benjamin Cereceres' <Benjamin.Cereceres@chandleraz.gov>; mayorandcouncil@chandleraz.gov; 'Matt Orlando' <Matt.Orlando@chandleraz.gov> Cc: 'Lisa Kittredge' <lisakittredge@gmail.com>; 'Jeff Valento' <jdvalento@gmail.com>; 'Maureen Moore' <maureen_moore_88@hotmail.com>; 'bglockwood' <bglockwood@aol.com> Subject: Sunbird Cell Tower - follow up from last night Cornelius and all, As stated in the meeting last night, I am sending this to you to help you understand the restrictions the golf course has agreed to in existing documentation. I am attaching all documents in question, and I have provided excerpts within this email to help you in following what is in those documents. First and foremost, when I look at the consideration and meaning of a special use permit, I understand it allows a property or parcel of land to be used in a manner that deviates from its normally accepted activity. Based on that, can it be construed that Atlas and the golf course are changing the zoning by allowing the golf course to deviate from its intended use as promised in these documents? Here are some documents that bolster the argument that they are deviating from their current zoning: 1) 1999 Transition Agreement: Paragraph 11; As part of the 1999 Transition agreement – it states it shall remain a golf course, AND shall not be rezoned for any purpose in consistent therewith. 3 And again, this statement is reiterated in the following document. 2) Document 20000427330, paragraph no. 5 4 3) Amended Declarations for Restriction for Golf Course Use – document no. 20070604888 Within this declaration are two paragraphs (below). I can see that the tower will be going against both paragraphs. I look forward to your reply after you have looked at these. Can you also send to me the questions that were asked on the chat last evening? Thank you, Helen Mortimer CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres Sent: Tuesday, April 4, 2023 2:01 PM To: helenbettes@comcast.net Subject: RE: Sunbird cell phone tower - Questions Good aŌernoon Helen: Thank you for reaching out. Please see below for responses to your inquiries. - what are the rules/regulaƟons/standard pracƟces the city looks at for making decisions to grant a valid permit for the construcƟon of a cell tower? For this type of request, the applicant will need to process a Use Permit which is a public hearing process. - Does the city listen to the community at large of their opposiƟon and use that as weight to deny or grant an applicaƟon? The - I guess with that quesƟon I am asking is if we have any voice with the city’s decision, or are we a silent majority that has no say? - Do you know of any evidence that supports that this cell phone tower is needed? Feel free to reach out should you have any addiƟonal quesƟons or comments. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: helenbettes@comcast.net <helenbettes@comcast.net> Sent: Sunday, April 2, 2023 11:15 AM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: FW: Sunbird cell phone tower - Questions Mr. Cereceres, I am a homeowner that is within 200 feet of the proposed cell phone tower that is to be located in Sunbird. AŌer researching the internet on cell phone towers I have become a liƩle concerned as to the affects this proposed tower will have on my health, environment and property values. I feel the golf club is only doing this for the money, which in my opinion is selfish on their part and it shows they do not have an interest in their community. 2 With that said, what are the rules/regulaƟons/standard pracƟces the city looks at for making decisions to grant a valid permit for the construcƟon of a cell tower? Also, does the city listen to the community at large of their opposiƟon and use that as weight to deny or grant an applicaƟon? I guess with that quesƟon I am asking is if we have any voice with the city’s decision, or are we a silent majority that has no say? Also, do you know of any evidence that supports that this cell phone tower is needed? Has the golf club presented any of that to you? I ask, because I currently have Verizon with my cell phone, and I get great coverage with 5G – I quesƟon the need for this tower. I appreciate your help in this maƩer and welcome any input you may have. Thank you for your Ɵme. Helen MorƟmer 6401 S Championship Dr Chandler, AZ 85249 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Dale Anderson <sunbirdaz@yahoo.com> Sent: Sunday, April 30, 2023 3:24 PM To: Benjamin Cereceres Subject: Proposed SunBird Cell Tower Mr. Cereceres, This email is regarding the proposed cell tower in SunBird Golf Resort. We are Dale and Carolyn Anderson at 6411 S Championship Drive. We have lived in SunBird in this home since 1996. We are against the cell tower as it will have a detrimental effect on our property value, and it will have a negative effect on the view as well and possible adverse health effects. Thank you for your time and attention. Dale and Carolyn Anderson CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, July 11, 2023 9:17 AM To: J Fontana Subject: RE: Sunbird Cell Tower Good morning Jeff: Please see responses below: While the *tower* portion of the proposed structure may technically be 65 ft (and an uncovered 4 ft lightning rod might be unnoticeable), the simulated pine covering the entire structure (tower + rod) will be at least 69 ft -- as the drawings & balloon simulations show a) Not trying to mountain from molehills, but shouldn't the proposed height be 69 ft (if not, why not...) ? The City of Chandler has historically taken the height from the top of antenna "In theory, they are able to come back in" Could you explain this process, my impression is just a formality and Homeowners have no input/voice If the current project gets approved at the height proposed, the applicant is able to come in and increase the height of the cell site an additional 20 feet. They would have to submit an Administrative Design Review application through the City of Chandler Planning Division, but it is not a public hearing process, it would be processed administratively and a neighborhood meeting/notification is not required for administrative review/approval. b) If Homeowners have no input/voice after this initial approval, shouldn't this proposal be for structure *up to 89 ft* (if not, why not...) ? The applicant has not stated that they want to increase the proposed cell site height form what they are currently proposing, we cant require them to submit the cell site at 89’ since it is not proposed by the applicant. Feel free to reach out should you have any additional questions. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 2 From: J Fontana <az4plf@gmail.com> Sent: Thursday, July 6, 2023 12:42 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: Re: Sunbird Cell Tower Hi Benjamin -- thanks for your reply A few more followups for my understanding: While the *tower* portion of the proposed structure may technically be 65 ft (and an uncovered 4 ft lightning rod might be unnoticeable), the simulated pine covering the entire structure (tower + rod) will be at least 69 ft -- as the drawings & balloon simulations show a) Not trying to mountain from molehills, but shouldn't the proposed height be 69 ft (if not, why not...) ? "In theory, they are able to come back in" Could you explain this process, my impression is just a formality and Homeowners have no input/voice b) If Homeowners have no input/voice after this initial approval, shouldn't this proposal be for structure *up to 89 ft* (if not, why not...) ? Thanks again, Jeff Fontana On Thu, Jul 6, 2023, 9:47 AM Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> wrote: Good morning Jeff: The proposed height that Atlas is proposing is at 65’. They have not indicated that they wish to increase the height an additional 20’ from what is currently being proposed. In theory, they are able to come back in once the proposed cell site is approved and built and increase the height an addition 20’ in height but, that has not been indicated by the applicant. Thanks, Benjamin Cereceres 3 City Planner Development Services Department Planning Division (480)782-3063 From: J Fontana <az4plf@gmail.com> Sent: Sunday, July 2, 2023 5:23 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: Re: Sunbird Cell Tower Hi Mr Cereceres -- Just a brief follow up question: I've been notified of the upcoming in-person & virtual Homeowner Meetings, and have viewed the Visual Impact Assessment (balloon test) with photos & simulated photos. Pleased to see the test (and corresponding simulations) with the balloon top include the lightning rod. However, my understanding (please correct me) is that if this project is approved, Atlas can then unilaterally - with nominal paperwork - increase the height to 89 ft (85 tower+ 4 lightning). If so, those photos are misleading and do not represent the possible result if approved. Those simulated tower images could be almost 1/3 (29%) higher. a) Am I correct? 4 b) If so, who's responsible to communicate that to the Homeowners (Atlas seems to only describe the height as 65 ft) ? Best regards, Jeff Fontana On Mon, May 15, 2023, 10:24 AM J Fontana <az4plf@gmail.com> wrote: Greetings Mr Cereceres -- I'm a Sunbird homeowner reaching out to share my thoughts regarding the proposed cell tower. I don't wear a tinfoil hat ;-) and do understand the need for better coverage at the south end of Chandler. However, I have two primary concerns: a) I humbly feel - for multiple reasons - the tower should be located in one of the nearby commercial zones, and not in the middle of our residential neighborhood. b) I also feel strongly that many (most?) of our neighbors are unaware of this proposal and/or accurate details of it, with departed snowbirds even more challenged. To be generous, communication from the two parties involved has been poor... 5 I sincerely hope this proposal will include open & accurate information, with timely dissemination so *all* neighborhood homeowners can understand the end result if it were approved. Best regards, Jeff Fontana 1832 E Riviera Dr CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510- 2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Peggy Stokes <jdsandpas@gmail.com> Sent: Tuesday, July 25, 2023 10:37 AM To: Benjamin Cereceres; Mayor&Council Subject: Cell tower I’d like to let you know that we are against the Atlas company building a cell tower in Sunbird community. We know it will reflect in our future sell of our home as well as the health and welfare of the residents. It will definitely not enhance the beauty of our community. Please listen to the entire residents of the community not just the golf course membership. You represent us all. Thank you for your consideration, Jim & Peggy Stokes Sent from my iPad CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Monday, May 22, 2023 3:05 PM To: jdsandpas@gmail.com Subject: Sunbird Cell Tower Good afternoon Jim and Peggy: I wanted to reach out and advise that our Mayor and City Council has received your email regarding your opposition regarding the proposed wireless cell site within your community. I am the case planner that is assigned to the project and would be happy to answer any questions you may have. Please feel free to give me a call or provide a phone number so that I may reach out and we can discuss the proposal, status and/or through what scope we as the City of Chandler are able to regulate this proposal through. Sincerely, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Monday, May 22, 2023 11:33 AM To: Kevin Mayo; Andy Bass; Micah Miranda Subject: RE: Sunbird cell tower Good morning: I checked my records and I have not been in contact with this resident yet. I will reach out to them directly. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Kevin Mayo <Kevin.Mayo@chandleraz.gov> Sent: Monday, May 22, 2023 11:26 AM To: Andy Bass <Andy.Bass@chandleraz.gov>; Micah Miranda <Micah.Miranda@chandleraz.gov> Cc: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: RE: Sunbird cell tower One and all, I believe Ben has already been in contact with this citizen. Ben, can you confirm? See email below…. Kevin Mayo Planning Administrator | City of Chandler Development Services Department | Planning Division 480.782.3068 From: Andy Bass <Andy.Bass@chandleraz.gov> Sent: Monday, May 22, 2023 11:20 AM To: Micah Miranda <Micah.Miranda@chandleraz.gov>; Kevin Mayo <Kevin.Mayo@chandleraz.gov> Subject: FW: Sunbird cell tower Please see the email below. I believe you guys have spoken to this family already. Can you confirm that? Thanks. Andy Bass Deputy City Manager PO Box 4008 Chandler AZ 85244 480-782-2245 2 From: Tadd Wille <Tadd.Wille@chandleraz.gov> Sent: Monday, May 22, 2023 10:57 AM To: Andy Bass <Andy.Bass@chandleraz.gov> Subject: FW: Sunbird cell tower Andy: Is this something Development Staff can call about? Thank you, Tadd Wille Assistant City Manager City of Chandler Phone (480) 782-2212 tadd.wille@chandleraz.gov chandleraz.gov | Facebook | Twitter | Instagram | LinkedIn From: Christine Ellis <Christine.Ellis@chandleraz.gov> Sent: Monday, May 22, 2023 9:34 AM To: Tadd Wille <Tadd.Wille@chandleraz.gov> Subject: Fwd: Sunbird cell tower Good morning Mr Willi, Can someone please reach out to Miss Peggy and let her what we can do or not on this tower issue? Thank you for all you do!! ┭ ┮ ┯ ┰ Council Member Christine T D Ellis City of Chandler Office Cell: 4802084497 Office Email: Christine.Ellis@chandleraz.gov AS A MAN THINK IN HIS HEART SO IS HE. 3 From: Peggy Stokes <jdsandpas@gmail.com> Sent: Sunday, May 21, 2023 10:06:16 PM To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Sunbird cell tower As a resident in this community we oppose the cell phone tower and would greatly appreciate you voting against it. Thank you. Jim & Peggy Stokes, 6260 S. Tournament lane, chandler. 85249 Sent from my iPad CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Home <jtcareible@cox.net> Sent: Saturday, July 29, 2023 5:34 PM To: Benjamin Cereceres; Mayor&Council Cc: Jon Reible Subject: Sunbird Cell Tower Approval Dear Mr. Cereceres, Mayor, and City Council Members, My name is Jon Reible. I am a resident of Gilbert, but own 2 homes in Sunbird. I have owned them since 2014 for the first home, and 2018 for the second home. I purchased the first home for my parents to winter in, so they would spend more time here with their grandchildren. The second home is occupied by my mother-in-law, who moved here from New York and has lived here full time since then. We are very big fans of the community and all of the surrounding amenities and opportunities that the City of Chandler provides to our parents. I am writing to express my strong opposition to the proposed approval to put a cell tower on the golf course land, right in the middle of this residential community occupied by senior citizens, with over 1,600 homes in the community. While there is a lot of contradicting information, depending on who is making the pitch, I think it is clear that there are potentially unknown health risks related to cell phone towers. I have no idea why anyone would want to put a cell phone tower right in the middle of a senior citizen retirement community? I can’t imagine any of you would want this tower put up in close proximity to where your parents live. We sure don’t want to have our parents exposed to this potential health risk. There are plenty of places in Chandler where this tower could be located not in such close proximity to homes of senior citizens. My wife and I are strongly opposed to this, and would hope that you take into consideration the potential risk and liability related to the over 1,600 homes occupied by senior citizens in Sunbird. I am also curious as to whether or not the City of Chandler takes into account recorded restrictions on the land when it is making decisions like this. I am not an attorney and expert in reading legal documents, but based on my reading and interpretation, there is a document recorded in 2007 where the owner of the golf course recorded a declaration of restrictions for golf course use. In that recorded document, the golf course agree that the property shall only be used as a golf course. It also states that no third party shall acquire any rights or interest with respect to the use of the property. If I understand correctly, the golf course receives a tax break in exchange for this restrictive declaration where they agree to use the property solely as a golf course. It sure seems like the lease to Atlas is a third party acquiring an interest in the property, and I don’t think a cell tower falls into the definition of golf course use? In addition to this recorded document, there is a 2015 recorded declaration of restrictions for the Sunbird Golf Resort HOA where it is clearly stated that the owner of the golf course is to use the property solely for the use as a golf course. The restriction survives even if the golf course ownership changes, and thus runs with the land. Is the City of Chandler aware of these recorded documents that appear to restrict the use of this property for a cell tower? I will state again that I am not an attorney and thus I am not sure my interpretation is correct, but based on what I have read, the documents seem to prohibit this use. We respectfully request that you do not move forward with any approval for this proposed cell tower. Sincerely, Jon and Tami Reible Concerned homeowners in Sunbird 2 Sent from my iPhone CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Monday, May 15, 2023 11:20 AM To: TOM FEATHERSTONE Subject: RE: SunBird Cell Tower Good morning Tom: Thanks for reaching out. The applicant has submitted the correct application for the proposed cell site. I did review the submitted documents and they had corrections/comments that were provided by City staff in April. We are waiting for the applicant to submit the correct applicant to resubmit and address City staff comments. The Use Permit will have to go through three public meetings: 1. Neighborhood Meeting – The applicant will host this meeting 2. Planning and Zoning Commission – This is a City hosted meeting 3. City Council – This is a City hosted meeting Historically the precedence has been set that these cell sites have been separated from residence at least 160’. I did scope out the City to see if we have any other cell site that is located within a residential zoned area and there are a couple: - Monopole – APN: 304-88-781: This cell site was in place prior to the residential development being developed around it. Your input on the proposed cell site has been noted and will be added to the case file. Feel free to reach out should you have any questions or comments. Sincerely, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: TOM FEATHERSTONE <jfeath1515@msn.com> Sent: Monday, May 8, 2023 9:31 AM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: SunBird Cell Tower Good Morning, Benjamin, I sent you an email in March and you so kindly return my email with a phone call. Very much appreciated. I was just wondering if you have any follow up information on the status of the SunBird Golf Course Cell Tower permit? I would definitely like to be kept in the loop from your end if possible. Information is NOT 2 forthcoming from the SunBird Golf Course nor from our SunBird HOA. I am beginning to wonder if shenanigans are happening! Just thinking! If my recollection is correct you mentioned that they would have to have another Public Information forum, then Permits may/may not be issued, City Council would vote on the permit. Please feel free to correct my memory. I am still opposed to installing a cell tower anywhere within the SunBird plat description. Main concern is there is little information about the health risks to humans or animals from towers in a residential development. Did you ever discover ANYWHERE if there is a cell tower within a residential development? I Thank you for your earlier information and I hope to hear from you again. Sincerely, Judy Featherstone 6542 S Lake Forest Dr. Chandler, AZ 85249 480-883-0963 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Wednesday, July 26, 2023 4:53 PM To: Maureen Moore; Helen Mortimer; Beth Lockwood; Bob DeMatteo Subject: RE: Cell tower effect Good afternoon: Thank you for providing feedback on the proposed project. I will add your comment to the case file. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 -----Original Message----- From: Maureen Moore <maureen_moore_88@hotmail.com> Sent: Wednesday, July 26, 2023 11:37 AM To: Helen Mortimer <helenbettes@comcast.net>; Beth Lockwood <bglockwood@aol.com>; Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov>; Bob DeMatteo <imbmbd2@gmail.com> Subject: Cell tower effect I am currently in San Francisco visiting a friend who just lost her husband! While here, a condo overlooking San Francisco Bay came up, exactly what she was looking for! Size, amenities, view. She was going to put an offer in but her kids wanted to look at condo docs ect. First! Turns out there are 3 cell towers on the top of the building and the current owner is selling because he believes his health is being compromised! He is suing the HOA and the cell phone company and selling his beautiful unit. My friends family did not want her to buy it, even though in every other way it was perfect for her, because of the cell towers! This is the type of thing that is going on and is a perfect example proving that cell towers negatively affect property! Maureen Sent from my iPhone CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: helenbettes@comcast.net Sent: Monday, July 10, 2023 2:39 PM To: Mayor&Council; Benjamin Cereceres Cc: 'Maureen Moore' Subject: RE: Cell Tower Application, Sunbird Community ( Sunbird Golf Course) And FYI to the City of Chandler, I have not received this correspondence from either Atlas or the Golf Course. I also have not received any information on the meeting (where, when, etc.) from the Golf Course, or Atlas Tower. For our household, we have our address as the Washington state address with the assessor, and all our mail that is received at the Chandler address is automatically forwarded to our Washington State address. This concerns me that I have not received any information from either Atlas or the Golf Course on any proposed meetings, or correspondence from them. Thanks Helen Mortimer 6401 S Championship Dr Chandler, AZ 85249 From: Maureen Moore <maureen_moore_88@hotmail.com> Sent: Monday, July 10, 2023 2:20 PM To: mayorandcouncil@chandleraz.gov Cc: Cereceres Benjamin <benjamin.Cereceres@chandleraz.gov> Subject: Cell Tower Application, Sunbird Community ( Sunbird Golf Course) Please find attached, the contents of a Cell Tower information package sent by Atlas Tower to specific ( most affected) home owners in the community of Sunbird! Please note the diagram showing how the tower “tree” and the height difference over the existing trees! It is significant! The information contained in this package talks about the safety of radio frequency energy and 5G and the “fact” that cell towers do not affect property values. This is a propaganda package, citing selected information assuring people of the safety and benign influence on property values. I felt it was important you are aware of this package, theoretically sent to notify owners of the Use Permit filed with the City of Chandler Planning Division. Sincerely, Maureen Moore 2 3 4 5 6 7 8 9 Sent from my iPhone CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, July 25, 2023 9:36 AM To: Mike Kaddaras Subject: RE: cell tower at Subbird Good morning: Thank you for providing feedback on the proposed project. I will add your comment to the case file. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Mike Kaddaras <mikek1947@gmail.com> Sent: Sunday, July 23, 2023 4:34 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: cell tower at Subbird NO ON THE CELL TOWER!! CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Monday, May 15, 2023 11:20 AM To: TOM FEATHERSTONE Subject: RE: SunBird Cell Tower Good morning Tom: Thanks for reaching out. The applicant has submitted the correct application for the proposed cell site. I did review the submitted documents and they had corrections/comments that were provided by City staff in April. We are waiting for the applicant to submit the correct applicant to resubmit and address City staff comments. The Use Permit will have to go through three public meetings: 1. Neighborhood Meeting – The applicant will host this meeting 2. Planning and Zoning Commission – This is a City hosted meeting 3. City Council – This is a City hosted meeting Historically the precedence has been set that these cell sites have been separated from residence at least 160’. I did scope out the City to see if we have any other cell site that is located within a residential zoned area and there are a couple: - Monopole – APN: 304-88-781: This cell site was in place prior to the residential development being developed around it. Your input on the proposed cell site has been noted and will be added to the case file. Feel free to reach out should you have any questions or comments. Sincerely, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: TOM FEATHERSTONE <jfeath1515@msn.com> Sent: Monday, May 8, 2023 9:31 AM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: SunBird Cell Tower Good Morning, Benjamin, I sent you an email in March and you so kindly return my email with a phone call. Very much appreciated. I was just wondering if you have any follow up information on the status of the SunBird Golf Course Cell Tower permit? I would definitely like to be kept in the loop from your end if possible. Information is NOT 2 forthcoming from the SunBird Golf Course nor from our SunBird HOA. I am beginning to wonder if shenanigans are happening! Just thinking! If my recollection is correct you mentioned that they would have to have another Public Information forum, then Permits may/may not be issued, City Council would vote on the permit. Please feel free to correct my memory. I am still opposed to installing a cell tower anywhere within the SunBird plat description. Main concern is there is little information about the health risks to humans or animals from towers in a residential development. Did you ever discover ANYWHERE if there is a cell tower within a residential development? I Thank you for your earlier information and I hope to hear from you again. Sincerely, Judy Featherstone 6542 S Lake Forest Dr. Chandler, AZ 85249 480-883-0963 CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, July 11, 2023 9:17 AM To: J Fontana Subject: RE: Sunbird Cell Tower Good morning Jeff: Please see responses below: While the *tower* portion of the proposed structure may technically be 65 ft (and an uncovered 4 ft lightning rod might be unnoticeable), the simulated pine covering the entire structure (tower + rod) will be at least 69 ft -- as the drawings & balloon simulations show a) Not trying to mountain from molehills, but shouldn't the proposed height be 69 ft (if not, why not...) ? The City of Chandler has historically taken the height from the top of antenna "In theory, they are able to come back in" Could you explain this process, my impression is just a formality and Homeowners have no input/voice If the current project gets approved at the height proposed, the applicant is able to come in and increase the height of the cell site an additional 20 feet. They would have to submit an Administrative Design Review application through the City of Chandler Planning Division, but it is not a public hearing process, it would be processed administratively and a neighborhood meeting/notification is not required for administrative review/approval. b) If Homeowners have no input/voice after this initial approval, shouldn't this proposal be for structure *up to 89 ft* (if not, why not...) ? The applicant has not stated that they want to increase the proposed cell site height form what they are currently proposing, we cant require them to submit the cell site at 89’ since it is not proposed by the applicant. Feel free to reach out should you have any additional questions. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 2 From: J Fontana <az4plf@gmail.com> Sent: Thursday, July 6, 2023 12:42 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: Re: Sunbird Cell Tower Hi Benjamin -- thanks for your reply A few more followups for my understanding: While the *tower* portion of the proposed structure may technically be 65 ft (and an uncovered 4 ft lightning rod might be unnoticeable), the simulated pine covering the entire structure (tower + rod) will be at least 69 ft -- as the drawings & balloon simulations show a) Not trying to mountain from molehills, but shouldn't the proposed height be 69 ft (if not, why not...) ? "In theory, they are able to come back in" Could you explain this process, my impression is just a formality and Homeowners have no input/voice b) If Homeowners have no input/voice after this initial approval, shouldn't this proposal be for structure *up to 89 ft* (if not, why not...) ? Thanks again, Jeff Fontana On Thu, Jul 6, 2023, 9:47 AM Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> wrote: Good morning Jeff: The proposed height that Atlas is proposing is at 65’. They have not indicated that they wish to increase the height an additional 20’ from what is currently being proposed. In theory, they are able to come back in once the proposed cell site is approved and built and increase the height an addition 20’ in height but, that has not been indicated by the applicant. Thanks, Benjamin Cereceres 3 City Planner Development Services Department Planning Division (480)782-3063 From: J Fontana <az4plf@gmail.com> Sent: Sunday, July 2, 2023 5:23 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: Re: Sunbird Cell Tower Hi Mr Cereceres -- Just a brief follow up question: I've been notified of the upcoming in-person & virtual Homeowner Meetings, and have viewed the Visual Impact Assessment (balloon test) with photos & simulated photos. Pleased to see the test (and corresponding simulations) with the balloon top include the lightning rod. However, my understanding (please correct me) is that if this project is approved, Atlas can then unilaterally - with nominal paperwork - increase the height to 89 ft (85 tower+ 4 lightning). If so, those photos are misleading and do not represent the possible result if approved. Those simulated tower images could be almost 1/3 (29%) higher. a) Am I correct? 4 b) If so, who's responsible to communicate that to the Homeowners (Atlas seems to only describe the height as 65 ft) ? Best regards, Jeff Fontana On Mon, May 15, 2023, 10:24 AM J Fontana <az4plf@gmail.com> wrote: Greetings Mr Cereceres -- I'm a Sunbird homeowner reaching out to share my thoughts regarding the proposed cell tower. I don't wear a tinfoil hat ;-) and do understand the need for better coverage at the south end of Chandler. However, I have two primary concerns: a) I humbly feel - for multiple reasons - the tower should be located in one of the nearby commercial zones, and not in the middle of our residential neighborhood. b) I also feel strongly that many (most?) of our neighbors are unaware of this proposal and/or accurate details of it, with departed snowbirds even more challenged. To be generous, communication from the two parties involved has been poor... 5 I sincerely hope this proposal will include open & accurate information, with timely dissemination so *all* neighborhood homeowners can understand the end result if it were approved. Best regards, Jeff Fontana 1832 E Riviera Dr CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510- 2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Micah Miranda Sent: Monday, April 17, 2023 12:33 PM To: David De La Torre Cc: Benjamin Cereceres; Kevin Mayo Subject: Re: Atlas Tower Group Cell Tower Permit Application Awesome, thanks! Micah Miranda | Economic Development Director City of Chandler Office of Economic Development Office:480-782-3035 Email: micah.miranda@chandleraz.gov | Website: chandleraz.gov/ed Stay in the know: LinkedIn | Twitter | e-Newsletter NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. From: David De La Torre <David.DeLaTorre@chandleraz.gov> Sent: Monday, April 17, 2023 11:52 AM To: Micah Miranda <Micah.Miranda@chandleraz.gov> Cc: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov>; Kevin Mayo <Kevin.Mayo@chandleraz.gov> Subject: RE: Atlas Tower Group Cell Tower Permit Application Good morning Micah, PLH23-0020 Hunt Hwy Cell Tower is a Use Permit application that was submitted on 3/16/2023 for a new wireless telecommunications tower located next to a maintenance yard in the Sunbird community. Ben Cereceres is the planner that is reviewing the application. The Sunbird HOA held a meeting on 1/11/2023 at which some residents expressed opposition to a new cell tower The HOA who was running the meeting did not let the residents in opposition speak, as they agreed to enter into a contract with the applicant to build a cell tower Ben is working with the applicant to move the cell tower a little further away from residential properties and change from a monopalm to a monopine to more closely match the existing pine trees on the site A neighborhood meeting will be required as part of the Use Permit process – no date has been scheduled yet Public hearing dates have not yet been scheduled David de la Torre, AICP Planning Manager Development Services Department, Planning Division Phone: 480-782-3059 2 From: Micah Miranda <Micah.Miranda@chandleraz.gov> Sent: Monday, April 17, 2023 10:00 AM To: David De La Torre <David.DeLaTorre@chandleraz.gov> Subject: Fw: Atlas Tower Group Cell Tower Permit Application David, Are you familiar with an application for a cell tower at Song Bird? Micah Miranda | Economic Development Director City of Chandler Office of Economic Development Office:480-782-3035 Email: micah.miranda@chandleraz.gov | Website: chandleraz.gov/ed Stay in the know: LinkedIn | Twitter | e-Newsletter NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. ss 2510-2521, is confidential and is legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please delete if received in error and notify sender. Thank you kindly. From: Christine Ellis <Christine.Ellis@chandleraz.gov> Sent: Monday, April 17, 2023 9:45 AM To: Micah Miranda <Micah.Miranda@chandleraz.gov> Subject: Fwd: Atlas Tower Group Cell Tower Permit Application Thank you! Council Member Christine T D Ellis City of Chandler Office Cell: 4802084497 Office Email: Christine.Ellis@chandleraz.gov AS A MAN THINK IN HIS HEART SO IS HE. 3 From: Maureen Moore <maureen_moore_88@hotmail.com> Sent: Sunday, April 16, 2023 3:55:32 PM To: Mayor&Council <Mayor&Council@chandleraz.gov> Subject: Atlas Tower Group Cell Tower Permit Application To the Mayor and City Council Members of Chandler, Please accept this submission requesting that the permit application by Atlas Tower Group coming to erect a 65 foot cell phone tower on parcel number 303-57-984 which is owned by Sunbird Golf Course and will be located in the 55+ Sunbird residential community, be denied. BACKGROUND: Sunbird is a Robson development built in the 1990’s, between Cooper and McQueen on Riggs. Sunbird Golf Course and Sunbird residential community (the “HOA”) are distinct entities, operated independently. The relationship between Sunbird Golf Course and the HOA is complex, as the golf course is owned by a number of past and present Sunbird homeowners, managed by a Board and a hired Manager. The Golf Course is experiencing considerable financial difficulties due to aging infrastructure and a lack of an adequate capital reserve fund. The Golf Board has been in constant conversations with the HOA over the years, to solicit help to pay for capital requirements. Since inception, the HOA has been resolved to not involve itself financially with the Golf Course, as the owners of the Golf Course are an independent third party, even though some of them are homeowners in the community of Sunbird. Approximately two years ago, the HOA agreed to change their CCR’s to allow for a percentage from home sale costs be contributed directly to the Sunbird Golf Course. A lawsuit is currently underway in relation to this. The Sunbird Golf Course operation has recently adopted a more business-like model, resulting in apparent increased efficiencies and golf course revenue, but is constantly looking for new ways to finance both the operation and capital requirements of operating a golf course successfully. The HOA, has no input as to what the Golf Course does or does not do on Golf Course land. ISSUE: The Sunbird Golf Course board has agreed to enter into a contract with Atlas Tower Group to build a 65-foot cell phone tower on the Sunbird Golf course, in order to ensure a constant revenue stream, it is argued, at the expense of the greater Sunbird residential community. Atlas Tower Group has recently applied to the City of Chandler for a permit to erect such a tower. 4 REQUEST OF MAYOR AND COUNCIL: That the CITY OF CHANDLER MAYOR AND COUNCIL MEMBERS deny the Atlas Tower permit application to erect a cell phone tower on the Sunbird Golf course within the Sunbird residential community. REASON FOR THIS REQUEST: 1. It has been demonstrated throughout the United States that proximity to cell phone towers negatively impacts property values. Numerous studies indicate that home buyers are reluctant to buy homes near cell phone towers. The Wall Street Journal recently reported that “ In some areas with new towers, property values have decreased by 20%.” Most homeowners in Sunbird are 55+, many are retired and consider their home as their major investment. They are relying on the sale value of their home for financial security in their later years. 2. Aesthetically, the cell phone tower is planned to resemble a coniferous tree, and will be located in a group of coniferous trees on the golf course. It will rise well above the existing trees and several of these trees will be removed in order to erect it. It will be very visible and not blend in at all. There is also a concern, that once constructed under the proper permits, a possible 20 more feet can be added to the top of the tower, with no need for additional permission or permitting. This was confirmed by the City of Chandler Planning Department. It has also been noted in other areas like commercial developments with a cell tower on the property, that a second cell phone tower has been erected beside the original tower. Concern for the number of potential towers on the Sunbird Golf Course exists. 3. NO other community group in the surrounding area was amenable to having a cell phone tower erected in their community when approached (by flyer) by Atlas Tower Group. This demonstrates a reluctance in surrounding HOA Boards and communities to have a cell phone tower built in the middle of their neighbourhoods, but the Sunbird Golf Course is thinking potential easy income, at the expense of the people living in the community. It has been indicated by The City of Chandler Planning Department that if approved, this would be the first permit allowing for a cell phone tower to be erected in the middle of a residential neighborhood. This will be a precedent setting decision for the City of Chandler regarding the placement and approval of future applications for cell phone towers. 4. Health risks are inconclusive to date, but the chance of ANY risk of health possibly incurred by Sunbird residents or residents of ANY community, should not be acceptable. Thank you for your attention to this matter. 5 Sincerely, Maureen Moore Homeowner, Sunbird Community Sent from my iPad CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments. 1 Benjamin Cereceres From: Benjamin Cereceres Sent: Tuesday, July 25, 2023 9:36 AM To: Mike Kaddaras Subject: RE: cell tower at Subbird Good morning: Thank you for providing feedback on the proposed project. I will add your comment to the case file. Thanks, Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 Benjamin Cereceres City Planner Development Services Department Planning Division (480)782-3063 From: Mike Kaddaras <mikek1947@gmail.com> Sent: Sunday, July 23, 2023 4:34 PM To: Benjamin Cereceres <Benjamin.Cereceres@chandleraz.gov> Subject: cell tower at Subbird NO ON THE CELL TOWER!! CAUTION: This Email is from an EXTERNAL source. Ensure you trust this sender before clicking on any links or attachments.