7D, Ordinance 2010-003 - Laserfiche WebLink

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The priority list and evaluation criteria in the Zoning Code help the City fairly evaluate requests while working to minimize the potential impacts and protect the public. Discussion Despite the priority list requiring applicants to consider the City's water towers first, the Code does not really encourage the use of the City water towers. New antenna requests are required to come before the Planning Commission and City Council for a Conditional Use Permit (CUP) in order to place antennas on a water tower, which adds time and expense. Since the Zoning Code requires the same process for placing an antenna on an existing water tower or constructing a new tower for an antenna, there is less incentive to consider the water towers. To address this issue, Staff proposes to eliminate the CUP requirement for placing antennas on City owned structures, which includes the water towers. In place of the CUP, the antenna request would be subject to an administrative and City Council review. The administrative review for proposed antennas on City owned structures would require the following: • An independent structural engineering review to determine if the structure can accommodate the additional antennas; • For water tower sites, the regulations in Section 1325.09 Subd 8 would continue to apply; and, • A building permit. The applicant would come before the City Council for approval of a lease agreement, but a public hearing and Planning Commission review would not be required. The lease agreement would address all of the water tower provisions in the Code (Section 1325.09 Subd 8) without the need for a CUP. The administrative review process would reduce the amount of time it takes an applicant to find and install antennas. More importantly, this would incentivize the placement of antennas on existing water towers instead of building new towers by streamlining the review process. The result would be in keeping with the goal of the Zoning Code to reduce the need for antenna sites in the City. Staff reviewed a number of other communities' zoning ordinances as they pertain to antennas located on city owned sites as well as consulted with the City Attorney. Staff was unable to find another community that required a Conditional Use Permit for city owned sites that had been designated as a suitable location for antennas. However, the administrative review process for existing sites is common in other communities, including Shoreview, Roseville, and Minnetonka. If someone were to propose constructing a new antenna tower or placing an antenna on a non- city owned structure, a CUP and public hearing would still be required. The CUP process for new antennas and towers in other communities is common because each request can be unique due to the location, size, potential impacts, and other variables. City of Arden Hills City Council Meeting for Februury 22, 2010 \�Nletro-inet.us�irdenhills�Planning�l'lanning Cases�2010�10-003 Zoning Code Amendment - Antennas orc Water Towers (PC Approved)\02-22- 10 - Regular Meeting - PC 10-003 - Memo.doc Page 2 of 3