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HomeMy WebLinkAbout4B, Ordinance 2008-008 .. _BES Request for Council Action ~ Prepared By: Meagan Beekman, Planner I Council Meeting Date: June 30, 2008 Ordinance 2008-008 - Zoning Code Amendment Regarding Ground Structures at City Water Tower Sites Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: Recommendation: Motion to Approve Ordinance 2008-008 in Planning Case 08-017 to Amend Section 1325.09 Subd. 68 and Subd. 7 of the Zoning Code Regarding Ground Structures for Antenna Equipment at City Water Tower Sites as Presented in the June 30, 2008, Memo to the City Council. Supporting Documents: 1. June 30, 2008, Memo to the City Council Regarding the Zoning Code Ordinance Amendment ~ ~HILLS MEMORANDUM DATE: June 30, 2008 TO: Mayor & City Council FROM: Meagan Beekman, Planner I SUBJECT: Planning Case #08-017 Zoning Code Amendment: Antenna Ground Structures City of Arden Hills 1245 West Highway 96 Reauest Motion to Approve Ordinance 2008-008 in Planning Case 08-017 to Amend Section 1325.09 Subd. 6B and Subd. 7 of the Zoning Code Regarding Ground Structures for Antenna Equipment at City Water Tower Sites as Presented in the June 30, 2008, Memo to the City Council. Backeround At their May 27, 2008, meeting the City Council approved a Conditional Use Permit for T- Mobile to place several antennas on the City Water Tower located at 4251 Fernwood Street. As part of the application T-Mobile proposed to construct a structure to house the ground equipment required to operate the antennas. According to Section 1325.09 of the Zoning Code, the City will construct and maintain a single ground structure at each water tower that would house all of the necessary ground equipment for future antennas located on the towers, and no additional ground structures would be permitted. The City never constructed these structures, and in order to comply with City Code T-Mobile offered to construct the building and give it to the City to operate and maintain. As part of the proposal, T-Mobile would require the cost of the construction to be repaid via a credit on their lease agreement with the City. Upon further review, the City Planner, City Attorney, and Public Works Director all concurred that owning and maintaining a building at each water tower site was not in the best interest of the City due to cost and liability. Therefore, Staff recommended that the Conditional Use Permit be City of Arden Hills City Council Meetingfor June 30, 2008 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-017 Zoning Code Amendment - Ground Structures (PC Approved) \063008 - CC Report - Ground Structures. doc Page 10f3 approved subject to the condition that T-Mobile construct and maintain ownership over the structure. In order for the condition to comply with the Zoning Code, the City must amend its Code to set up alternative design criteria and allow antenna operators to construct and maintain their.own structures. Ground Mounted Structures Amendment Staff contacted the planners of several surrounding communities to find out if other City's maintain ownership of the equipment structures for antennas located on public land. All of the communities stated that they did not. Staff then examined the Zoning Codes of these communities to determine different methods for regulating the design and screening of these structures. Because the structures are located on City owned land, the City has much discretion in regulating the location, size, and materials that can be used to construct them. Based on this research as well as internal discussions with the Public Works Department, Staff is recommending the following amendments to the Zoning Code; that all of Subd. 6B, paragraph 2 regarding the City's obligation to landscape the water tower sites and to construct ground structures be removed, and that Subd. 6B, paragraph 1 be moved to Subd. 7, Special Requirements for City Water Tower Sites. In addition, Staff is proposing to add certain design criteria to Subd. 7 regarding, not only ground mounted structures, but all types of ground equipment. The proposed amendments are presented in full in Attachment B. The design criterion portion reads as follows: E. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met: 1. The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building, it shall be mounted upon a suitable concrete pad. 2. If there is an equipment building constructed on site, it shall be of the same or better construction, design, and appearance as any existing on site structures; have the same or similar roof pitch, and be of the smallest size necessary. 3. To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on-site buildings. City of Arden Hills City Council MeetingforJune 30,2008 IIMetro-inet.uslardenhillsIPlanningIPlanning Cases12008\08-017 Zoning Code Amendment - Ground Structures (PC Approved) \063008 - CC Report - Ground Structures. doc Page 2 of3 4. The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except where non-vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the neighborhood. 5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the, lease. Recommendation At their June 4, 2008, meeting the Planning Commission held the public hearing and unanimously recommended approval of the proposed Zoning Code changes. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes. 3. Deny the proposal. 4. Table for additional information. If approved, the Zoning Code amendment will not go into effect until it is published in the July 9, 2008, edition of the Shoreview Arden Hills Bulletin. Attachments A - Draft Planning Commission Minutes B - Proposed Section 1325.09, Subd. 6 and Subd. 7 - Black-lined Copy C - Ordinance 2008-008 D - Summary of Ordinance 2008-008 for Publication City of Arden Hills City Council MeetingforJune 30,2008 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-017 Zoning Code Amendment - Ground Structures (PC Approved) \063008 - CC Report - Ground Structures. doc Page 3 of3 Attachment A Draft Planning Commission Minutes - June 4, 2008 ~ ~HILLS June 30, 2008, City Council Meeting DRAFT Planning Commission Minutes June 4, 2008 PLANNING CASE #08-017 - ZONING CODE AMENDMENT: ANTENNA GROUND STRUCTURES- PUBLIC HEARING Ms. Beekman requested that the City consider approving a zoning code text amendment related to ground mounted structures for antennas on City water tower sites. She then provided background information and said the at their April 28th meeting, the City Council had approved a Conditional Use Permit application from T-Mobile to install cellular antennas on the City water tower site, subject to the condition that T -Mobile construct and maintain ownership over the ground structure that would house the antenna equipment. Chair Larson inquired if the structures are pre-fabricated structures. Ms. Beekman stated that typically they are. Chair Larson opened the floor to Commission questions. Commissioner Thompson inquired about who would build the structures for various companies. Ms. Beekman stated that the structures vary in size and type based on the company. She stated that each service provider would own and operate their own structure, and they would build the smallest size needed for that space. Commissioner Thompson inquired if the structures need to be a specified distance from each other. Ms. Beekman stated that they do not, other than what may be required by the Building Code for fire safety. Commissioner Zimmerman inquired if the City would require either a brick structure or a pad with a cabinet. Ms. Beekman stated that was correct. Commissioner Stodola inquired about the cabinets. Ms. Beekman stated that they would be similar to a utility box and be located on a concrete pad. Commissioner Reiff inquired about the reason that brick would be required for the structures. Ms. Beekman stated that it is to maintain consistency. Commissioner Reiff inquired about using a better building material than brick. Ms. Beekman stated that the building inspector would consider it. Commissioner Zimmerman stated that most of the pre-fabricated materials have a thin layer of brick. Commissioner Reiff stated that his concern is that the buildings simulate brick, but they are not actually brick. He suggested changing the language to include the pre-fabricated buildings. Ms. Beekman stated that the Planning Commission could amend the language to include the pre-fabricated buildings. Commissioner Reiff inquired about the language used for the cabinets and the structures. Ms. Beekman stated that they are treated slightly differently due to their size. Commissioner Zimmerman suggested language to clarify that the equipment buildings built on site should be of the same or better construction than the existing structures. Chair Larson opened the public hearing at 6:43 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson closed the public hearing at 6:44 p.m. Commissioner Zimmerman inquired ifT-Mobile agrees with the proposal. Ms. Beekman stated that they are aware of the proposal and are in agreement with it. She stated that they typically own and manage the buildings. Commissioner Zimmerman moved, seconded by Commissioner Stodola, to recommend approval of Planning Case #08-017 to amend Section 1325.09 Subd. 6B and Subd. 7 of the Zoning Code regarding Ground Equipment with the following change: Section E, paragraph 2 "If an equipment building shall be constructed on-site, it should be of the same or better construction, design, and appearance as existing on-site structures; have the same or similar roof pitch, and be of the smallest size necessary." The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, June 30, 2008, City Council meeting. Attachment B Proposed Section 1325.09, Subd. 6 and Subd. 7 - Black-lined Copy ~ ~HILLS June 30, 2008, City Council Meeting 1325.09 Subd. 6 Screening. A. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows: 1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices. 2. Roof or Wall Mounted Dishes. Screening for roof- or wall- mounted dishes shall be in accordance with Section 1325.05 Subd 4 1. .t^..ntennas attached to the ,:yater to~,.'ler must be painted to match the color of the v/ater to~,.ver. 2. Ground mounted structures. b. Fem~,.'vood TO~,.~/er. The City ~,.~{ill construct a ground structure to house all future applicants requiring ground mounted structures follo~,.~/ing amendment of this Code. .t^-,-pplicants \~/illlease space on the to~,.ver and \~/ithin the ground mounted structure, as specified in the lease agreement. No additional ground structures ~,.~/ill be permitted on this site. Subd.7 Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following . requirements are met: A. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; B. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility equipment and all equipment (antennas" exterior cables" etc) attached to the structure is painted to match the color of the structure; C. The presence of the facility equipment will not increase the water tower or reservoir maintenance costs to the City; aOO D. The presence of the facility equipment will not be harmful to the health of workers maintaining the water tower or reservoir. E. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met: 1. The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing. equipment building is unavailable" a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building" it shall be mounted upon a suitable concrete pad. 2. If there is an equipment building constructed on site" it shall be of the same or better construction" design" and appearance as any existing on site structures: have the same or similar roof pitch" and be of the smallest size necessary. 3. To the extent possible" the equipment building or cabinet shall be located adiacent to or near existing on-site buildings. 4. The equipment building or cabinet shall be screened from view of adiacent properties by suitable vegetation" except where non-vegetative screening (e.g." a decorative wall or fencing) better reflects and complements the character of the neighborhood. 5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the lease. Attachment C Ordinance 2008-008 \ ~ ~HILLS June 30, 2008, City Council Meeting City of Arden Hills Chapter 13 Zoning Code CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 2008-008 AN ORDINANCE AMENDING THE CITY'S ZONING CODE REGARDING THE GROUND STRUCTURES FOR ANTENNA EQUIPMENT LOCATED ON CITY WATER TOWER SITES The Arden Hills City Council hereby ordains that Chapter 13, Section 1325.09, Subd. 6B and Subd. 7, of the Arden Hills City Code are hereby amended and repealed to read as follows: 1325.09 Subd. 6 Screening. A. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows: 1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices. 2. Roof or Wall Mounted Dishes. Screening for roof- or wall- mounted dishes shall be in accordance with Section 1325.05 Subd 4 Subd.7 Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; B. There is sufficient room on the structure to accommodate the applicant's equipment and all equipment (antennas, exterior cables, etc) attached to the structure is painted to match the color of the structure; Section 1325.09 - Ground Structures Adopted: June 30, 2008 Page 1 of3 City of Arden Hills Chapter 13 Zoning Code C. The presence of the equipment will not increase the water tower or reservoir maintenance costs to the City; D. The presence of the equipment will not be harmful to the health of workers maintaining the water tower or reservoir. E. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met: 1. The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet-like structure in lieu of a building, it shall be mounted upon a suitable concrete pad. 2. If there is an equipment building constructed on site, it shall be of the same or better construction, design, and appearance as any existing on site structures; have the same or similar roof pitch, and be of the smallest size necessary. 3. To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on-site buildings. 4. The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except where non-vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the neighborhood. 5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the lease. Section 1325.09 - Ground Structures Adopted: June 30, 2008 Page 2 of3 City of Arden Hills Chapter 13 Zoning Code The Arden Hills City Council further directs that a copy of this Ordinance which highlights the changes to Chapter 13, Section 1325.09, and a version of Chapter 13, Section 1325.09 Subd. 6B and Subd. 7 as amended and repealed, be attached to this Ordinance and maintained in the book of Ordinances for the City of Arden Hills. ADOPTION DATE: Passed by the Arden Hills City Council on the 30th day of June, 2008. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: , 2008 Stanley D. Harpstead, Mayor ATTEST: Ronald Moorse, City Administrator PUBLICATION DATE: Published on the 9th day of July, 2008 Section 1325.09 - Ground Structures Adopted: June 30, 2008 Page 3 of3 Attachment D Summary of Ordinance 2008-008 for Publication ~ ~HILLS June 30, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-008 On the 30th day of June, 2008, the Arden Hills City Council adopted Ordinance No. 2008-008, and by at least three/fifths affirmative votes pursuant to Minn. Stat. ~412.191, Subd. 4, directed that a summary of Ordinance 2008-008 be published. Chapter 13, Section 1305.09, Subd. 6B and Subd. 7 and related paragraphs are collectively known as, Ordinance 2008-008, entitled "Antenna Ground Structures". The primary purpose of the amendment is to amend the Zoning Code regarding the treatment of ground structures for antenna equipment at City Water Tower sites. A full copy of Ordinance 2008-008 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn. us.