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As stated above, the Zoning Code requires applicants to consider the City water tower sites and existing towers before any other location or before building a new tower. However, the Code also prohibits the addition of new antennas to the existing Reiling Tower because it is considered legally non -conforming under the code. This creates a contradiction in the Zoning Code because if the water tower sites were deemed infeasible from an engineering review, a potential applicant would not be able to consider the Reiling Tower due to its non- conforming status. This could result in a request for a new antenna tower, which the City is trying to avoid when possible. The height requirements within the code are also contrary to the purpose of reducing the number of towers necessary to provide suitable service. Generally speaking the greater the height of the antenna, the greater the range, thus potentially reducing the number of antennas that are necessary to accomplish the same level of service. Moreover, permitting antennas on existing towers at heights greater than 75 feet would allow better utilization of existing tower space and may reduce the need for new towers elsewhere in the City. The need for suitable antenna sites is anticipated to increase with the growing demand for wireless services. While some older technologies are consolidating antenna sites, the newer high-speed services are requiring additional antennas. It is reasonable to expect increasing demand from wireless internet and cellular services. 2. Conditional Use Permit Review — Section 1355.04 Subd 3 Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit or Conditional use Permit Amendment. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the city. City of Arden Hills Planning Commission Meeting for April 7, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 1 09-023 Refiling Tower Zoning and CUP Amendment (CC Tabled)W-07-10 -PC Report - Refiling Tower CUP Amendment. doc Page 6 of 10