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<br /> <br /> <br /> <br /> <br />Approved: <br /> <br />CITY OF ARDEN HILLS, MINNESOTA <br />PLANNING COMMISSION <br />WEDNESDAY, NOVEMBER 4, 2015 <br />6:30 P.M. - ARDEN HILLS CITY HALL <br /> <br /> <br />PLANNING CASES <br /> <br />B. Planning Case 15-022; Zoning Code Amendment – Accessory Antennas – Public <br />Hearing <br /> <br />Associate Planner Bachler stated that the City approved a Conditional Use Permit in July 2015 <br />for the installation of wireless panel antennas and related equipment at the existing Bethel <br />University building at 2 Pine Tree Drive. During the City Council review of this request, a <br />question arose regarding whether the antennas should be considered an accessory use because <br />they did not directly support or complement the principal use of the property for higher education <br />and office activities. The City Attorney subsequently provided a memo that responded to this <br />question and suggested revisions to the Zoning Code to help clarify the issue. <br /> <br />Associate Planner Bachler indicated that the City Council discussed the recommendations <br />made by the City Attorney at their regular meeting on August 31, 2015. It was the consensus of <br />the City Council that an amendment to the Zoning Code should be processed to incorporate the <br />proposed revisions. <br /> <br />Associate Planner Bachler reported that telecommunication facilities are protected under <br />federal law through the Telecommunications Act of 1996. Cities may regulate the placement and <br />construction of cellular towers and antennas but cannot prohibit the provision of services. The <br />City has adopted regulations that limit the number of new cellular towers by requiring providers <br />to lease space on City water tower sites, use existing buildings, or co-locate on existing towers. <br />Additionally, new antennas are only permitted as an accessory use on a property with an existing <br />principal use. <br /> <br />Associate Planner Bachler indicated that the purpose of the proposed amendment is to clarify <br />that antenna installations do not necessarily need to complement or support the principal use they <br />are associated with. The revisions provided by the City Attorney state that antennas may be <br />treated as a secondary use as well as an accessory use. <br /> <br />Associate Planner Bachler provided the Findings of Fact for review: <br /> <br />1. The proposed amendment advances the land use goals in the City’s comprehensive Plan <br />because it ensures that land use regulations promote development that is compatible with <br />nearby properties and neighborhood character.