HomeMy WebLinkAbout7B, Amendment to City Code Regarding Antennas & Towers
~
~I-IIEES
Request for Council Action
Prepared By: Meagan Beekman, City Planner
Council Meeting Date: July 27, 2009
Amendment to Section 1325.04 and Section 1325.09 of the City Code Regarding
Antennas and Towers
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
1. Approve Ordinance 2009-010 in Planning Case 09-014 to amend Sections 1305.04,
Subd 11, Subd. 12, and all subsequent numbering, and Section 1325.09 of the
Zoning Code regarding Antennas and Towers as presented in the July 27, 2009,
report to the City Council.
2. Approve Publishing a Summary of Ordinance 2009-010.
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Supporting Documents:
1. Memo from Meagan Beekman
2. Ordinance 2009-010
3. Summary of Ordinance 2009-010 for Publishing
4. Section 1305.04 and Section 1325.09 - Black-lined Version
5. July 8, 2009, Draft Planning Commission Minutes
6. July 8, 2009, Report to the Planning Commission
...
~BlSHILLS
MEMORANDUM
DATE: July 27, 2009
TO: City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #09-014
Antennas and Towers
Section 1305.04 Subd. 11 and Subd. 12 and Section 1325.09
City of Arden Hills
Reauest
Approve Ordinance 2009-010 in Planning Case 09-014 to amend Sections 1305.04, Subd 11,
Subd. 12, and all subsequent numbering, and Section 1325.09 of the Zoning Code regarding
Antennas and Towers as presented in the July 27, 2009, report to the City Council. Approve
Publishing a Summary of Ordinance 2009-010.
Back2round
In light of the recent application to erect a cellular tower on the Bethel University Campus, Staff
has had an opportunity to review the City's current regulations regarding cellular antennas and
new antenna structures. In an effort to better clarify where, and under what circumstances, new
antennas may be installed and antenna towers be constructed, Staff is recommending a number
of changes to Section 1325.09 of the Zoning Code. One of the goals of this amendment was to
require co-location of cellular antennas whenever feasible and to prioritize where in the City new
antennas can be installed. In addition to location requirements, Staff is recommending several
other amendments to the Code for the purpose of clarification and to update language to meet
current technology practices and standards.
Staff has reviewed a number of other communities' zoning ordinances as they pertain to antennas
and antenna towers as well as consulted with the City Attorney. The proposed ordinance
amendment (Attachment A) is the result of this review.
City of Arden Hills
City Council MeetingforJuly 27,2009
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Amendment. doc
Page 1 of3
Discussion
The current regulations on antennas, dish antennas, and towers allow these devices on any
property within the City with a conditional use permit. In order to place an antenna on a
property, the owner must comply with a number of conditions that provide for screening, height
limitations, and placement constraints of the antenna or tower. Each property within the City is
treated the same in terms of preference for tower and antenna locations, with the exception of
City water tower sites, which, in addition to the normal requirements, must meet a number of
additional design and placement conditions.
In addition to small changes that clarify the existing regulations and update some language to
better account for current technology, a number of proposed amendments have been made that
would significantly impact where antennas and towers may be placed within the City.
Section 1305.04 Definitions
The definition for Antennas has been amended in order to remove terms not used within the
ordinance and to eliminate redundancy. The definition for Tower is located elsewhere in this
Section and would remain unchanged.
Exemptions
Small dish television antennas are currently exempted in the regulations. The language for these
was updated to reflect current uses of these devices. In addition the number of exempt small dish
antennas was increased from one to two on residential lots. Antennas and antenna support
structures used by the City were added to this paragraph so that they too would be exempt.
Location
The proposed amendment would require that all new antennas be located on City water tower
sites unless this is not feasible from an engineering standpoint. It would be the responsibility of
the applicant to show that these locations would not work. In the event that one of the City water
tower sites would not be feasible the proposed ordinance outlines a list of preferred alternate
locations in order of priority. Existing towers and structures are listed as a higher priority than
locations that would require new towers to be constructed.
In the event that existing towers and structures would not meet the needs of the application, from
an engineering standpoint, and a new tower needs to be constructed, the proposed ordinance
would require that the tower be constructed in such a way as to allow room for additional users
in the future. This ensures that future needs are met with the fewest number of new towers.
City of Arden Hills
City Council Meetingfor July 27, 2009
C:\Documents and Settings\becky.brazys\Local Settings \ Temporary Internet Files\OLK15F\07-27-09 - Regular Meeting - Memo - Zoning
Amendment. doc
Page 2 of3
All new antennas would be required to be screened from view or painted the color of the
structure to which they are attached.
Recommendation
The Planning Commission reviewed this application and held a public hearing at their July 8,
2009, meeting. The Planning Commission unanimously recommended approval of the proposed
changes.
Approve Ordinance 2009-010 in Planning Case 09-014 to amend Sections 1305.04, Subd 11,
Subd. 12, and all subsequent numbering, and Section 1325.09 of the Zoning Code regarding
Antennas and Towers as presented in the July 27, 2009, report to the City Council. Approve
Publishing a Summary of Ordinance 2009-010.
The ordinance changes require a 3/5 vote and the publication summaries require a 4/5 vote.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with changes.
3. Deny the proposal.
4. Table for additional information.
Attachments
A - Ordinance 2009-010
B - Summary of Ordinance 2009-010 for Publishing
C - Section 1305.04 and Section 1325.09 - Black-lined Version
D - July 8, 2009, Draft Planning Commission Minutes
E - July 8,2009, Report to the Planning Commission
City of Arden Hills
City Council Meetingfor July 27, 2009
C:\Documents and Settings\becky.brazys\Local Settings \ Temporary Internet Files\OLK15F\07-27-09 - Regular Meeting - Memo - Zoning
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Attachment A
~
~HILLS
Ordinance 2009-010
July 27, 2009, City Council Meeting
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 2009-010
AN ORDINANCE AMENDING SECTION 1305.04 AND SECTION 1325.09
REGARDING ANTENNAS AND TOWERS
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS HEREBY ORDAINS THAT
SECTION 1305.04 SUBD.ll, SUBD.12, AND ALL SUBSEQUENT NUMBERING, AND
SECTION 1325.09 REGARDING ANTENNAS AND TOWERS SHALL BE AMENDED
AS FOLLOWS:
1305.04 Definitions
Subd.l1 Antennas. Equipment used for transmitting and/or receiving
telecommunication, television or radio signals, which is located on the exterior,
interior, or outside, of any building or structure.
Subd.12 Antennas, Dish. A parabolic-shaped antenna (including all supporting
apparatus)
1325.09 Antennas, Dish Antennas and Towers.
Subd. 1 Purpose. In order to accommodate the communication needs of residents
and businesses while protecting the public health, safety, and general welfare of the
community, the City finds that these regulations are necessary to:
A. Maximize the use of existing and approved towers and buildings to
accommodate new personal wireless service antennas in order to
reduce the number of new towers necessary to serve the community;
B. Ensure antennas and towers are designed, located, and constructed in
accordance with all applicable code requirements to avoid potential
damage to adjacent properties from failure of the antenna and tower
through structural standards and setback requirements;
Subd.2 Applicability. The regulations in this subsection shall apply to any
antenna or tower except as hereinafter provided in Subd. 3.
Subd. 3 Exemptions.
1
A. Antennas and towers used by the City for City purposes.
B. Dish antennas under thirty (30) inches in diameter and individual
receptive television antennas, which are mounted on structures under
thirty-five (35) feet in height, regardless of zoning district or type of
mounting (roof, wall, ground or pole).
C. In all residential districts, no more than two (2) exempted antennas
and no more than one (1) antenna requiring a conditional use permit shall
be allowed on any lot or parcel.
Subd.4 Conditional Use Permit Required. Antennas, dish antennas and towers
are allowed only as conditional accessory uses. They are therefore allowed only on
property containing a principal use to which the antenna, dish antenna or tower is
accessory.
Subd. 5 Height. The height of an antenna or tower shall be measured from the
ground at the base of the antenna, tower, or other structure that the antenna is
attached to, to the highest point of the antenna or tower. No antenna or tower shall
exceed the following height limitations:
A. A dish antenna shall not exceed fifteen (15) feet in height if ground
or pole mounted and shall not extend more than twelve (12) feet above
the roof if it is roof mounted. Regardless of these height limitations, the
antenna shall be mounted as close to the ground or roof as practical.
B. No antenna or tower shall exceed a height of seventy-five (75) feet.
C. No antenna or tower shall exceed a height equal to the distance from
the base of the tower to the nearest overhead electrical power line (except
individual service drops), less five (5) feet.
Subd. 6 Location.
A. New antennas shall be located on City water tower sites unless the
applicant shows, to the reasonable satisfaction of the City, that none of
the City water towers can be feasibly used from an engineering
standpoint.
B. Preferences for Antenna and Support Structure Locations. When
selecting sites for the construction of new Antenna Support Structures
and/or for the placement of new antennas, when not located on a City
water tower site, the following preferences shall be followed in order of
listing:
2
1. Existing towers or on existing structures located within any
Industrial, Civic-Center, or Business District zoned property
2. On new towers -located within any Industrial, Civic-Center, or
Business District zoned property
3. Any existing towers or structures located within any Residential
zoned property.
4. Any new towers or structures located within any Residential
zoned property.
C. Co-location Required. If a new antenna support structure is to be
constructed, it shall be designed structurally and electrically to
accommodate both the applicant's antennas and comparable antennas for
at least one (1) additional user. Any antenna support structure must also
be designed to allow for future re-arrangement of antennas upon the
tower and to accept antennas mounted at different heights. Other users
shall include, but not be limited to, other cellular communication
companies, Personal Communication Systems companies, local police,
fire and ambulance companies.
D. Prohibitions. No new support structures shall be approved for
construction, unless the applicant shows, to the reasonable satisfaction of
the City, that an existing tower or structure is not feasibly available for
use from an engineering standpoint.
E. Antennas and towers shall be located on sites or buildings in areas
that are the least visually intrusive to nearby properties and public streets.
F. Antennas, dish antennas or towers shall not be allowed:
1. Nearer the street than the principal building on the lot.
2. Nearer the side or rear lot lines than the minimum side or rear
yard setbacks for accessory uses as established in Section 1320.06 of
this Code.
3. Nearer to an adjoining property's buildable area than to the
principal building on the site on which the antenna or tower will be
placed.
4. Nearer to any property line than the height of the antenna or
tower.
Subd. 7 Screening.
3
A. Dish Antennas. 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
B. Antennas. Antennas shall be painted the color of the structure to
which they are attached.
Subd.8 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;
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. Antennas placed on the top of the tower shall not exceed the height of
the tallest existing antenna.
F. 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.
4
2. If there is an equipment building constructed on site, it shall be
subject to City approval.
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.
6. All applicants must include a signed report from a State
registered engineer showing compliance with all applicable codes,
standards and structural requirements of how the additional antennas
will affect the water tower structure. A final inspection report from a
State registered engineer showing the work completed is in
compliance with previously approved plans shall also be required.
Subd. 9 Requirements.
A. A building permit shall be required for all applications except those
as stated in Section 1325.09 Subd 1.A.
B. The City shall require the applicant to complete a radio frequency
interference study that is carried out by an independent and qualified
professional reasonably selected by the City that is able to demonstrate
that the applicant's use will not interfere with any existing
communications facilities.
5
Effective Date. Ordinance No. 2009-010 shall become effective the day following its
publication, or the publication of the Ordinance Summary in the City's official newspaper.
Adoption Date. Passed by the City Council of the City of Arden Hills the 27th day of July,
2009
Stanley D. Harpstead, Mayor
ATTEST:
Ronald J. Moorse, City Administrator
Publication Date. Published on the 5th of August, 2009.
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6
Attachment B
Summary of Ordinance 2009-010 for
Publishing
~
~HlLLS
July 27, 2009, City Council Meeting
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2009-010
On the 27th day of July, 2009, the Arden Hills City Council adopted Ordinance No.
2009-010, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd.
4, directed that a summary of Ordinance 2009-010 be published.
Ordinance 2009-010 is titled: An Ordinance amending Sction 1325.04 Subd. 11, Subd.
12, and all subsequent numbering, and Section 1325.09 of the Zoning Code regarding Antennas
and Towers.
A full copy of Ordinance 2009-010 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.
1
Attachment C
Section 1305.04 and Section 1325.09 -
Black-lined Version
~
~HILLS
July 27, 2009, City Council Meeting
Subd. 11
Equipll1ent, used for transll1itting 8.11d/ or reoci\Ting telecoffiil111nioation, tele'f/ision or
radio ~~ign.als, "ly"vh.ich i~~ located. 011 the exterior, or outside, of any' 'buildil1g or stru.cture.
811 J
Subd. 12
B I)ic'h A ntennu. A pUf'lbo"Jic sh'lped 'lntenn"i (includinu all s'upportillg "ippuratu<;) H1hioh
." .. .,,-".. J. ),.. .. .. .. . J. ),.. . .... ".. . . ... . ... .. . .. .1.. . . ... . . '0 .., ...... . ..... . . "- yy . . .. ..
is used. for tranG:mittitlg or receiving telecOmnl1111ication, tele'(y7i~~io'n or radio sig:nals, \~Vllich
is located on the exterior, or outside, of any' building or struotllre.
1.C:la~~s I: Di~~h i\.ntenna un.der thirt)T (30) in.ches or more ill
diameter; six (6) feet in sllrface area; or six: (6) feet in lleight.
2.Class II: Dish .LA~'ntenlla thirty (30) inclles or lTIOre in
diull1eter; silt (6) squaro foet or nlore in surfaoe area; or siJe (6)
feet or more in height.
..L12_~LJl2..~"I'o';ler: .l.\.n.y pole, spire or struotllre, or un)T com.billutioll th.ereof, to 'vyVhicll an.
antenna is attach.ed., or "\Vllich. is designed for an antenna to 'be attached, al1d. all ~1u.J)I)Orting
lines, cables, ,vires alld braces; including but not linlited to a free standing radio
(including hanI radio an.d private radio tran.~~m.i.tting) or television receivillg antell.l1a, U
windll1ill, and a ',.vind pov/ered generator.
AntennaSfi, Satellite Dish Antennas and Towers.
A.
B.
stan.dards au(l setbac.k rcqu.ircrn.cnts:
Subd.2 Applicability. The regulations in this subsection shall apply to any
antenna or
Subd.3
A. i\ntennas an.d to\vers used bv the C:itv for ('\itv purposes.
B. Dish antennas under thirty (30) inches in diameter_, six (6)
~1qllure feet ill area, or six. (6) feetand. individual receptive
in height, regardless of zoning district or type of
mounting (roof, wall, ground or pole) are exelnpted. from these
regulations.
Subd.4 Conditional Use Permit Required. Antennas, satellite dish
antennas and towers are allowed only as conditional accessory uses. They are
therefore allowed only on property containing a principal use to which the
antenna, dish antenna or tower is accessory. N'o alltenn.a, dish a.nten.n.a or
to\\rer shall hereafter be erected, COllstrU.cted. or placed, or re erected,
reCOllstracted or replaced v/ithout a C~onditionul 'U'se .I)ermit, except as
exelTI.pted in paragraph (1) inllTI.ediately abo've.
Subd. 5 Height. The height of an antenna, dish antellllU or tower shall be
measured from the ground at the base of the antenna-LlillY.~J~" Of_ other~.st1:~J-C~llI9.
to the highest point of the antenna or to'\~\ler.
No antenna, dish olltenna or tower shall exceed the following height
limitations:
A. A dish antenna shall not exceed fifteen (15) feet in height if
ground or pole mounted and shall not extend more than twelve
(12) feet above the roof if it is roof mounted. Regardless of these
height limitations, the antenna shall be mounted as close to the
ground or roof as practical.
B. No antenna or tower shall exceed a height of seventy-five (75)
feet.
G-:No antenna or tower shall exceed a height equal to the distance
from the base of the tower to the nearest overhead electrical power
line (except individual service drops), less five (5) feet.
C.
I).On Cit)1\vater to\'"/ers, antennas placed on t.he top of the t(r.'"/er
sh.nllllot eX.ceed the heigllt of the talle~~t existillg a.11ten.n.a. placed at
tl1at location at the time that this (~ode is alTIended.
Subd. 6 Location.
A.
the a.. .... l.iC311t
none of t (~>itv \vater
en.gincering standpoint.
sh.al')
D.
con.struction'1 t1111ess the applica~nt s.hO\\l~L~ to the reasonal).le
satisfaction of the (.~ity" that an existing to\ver or structure is not
feasibly ava.i.lable for use frO.D1. an engi-n.eerin.g st1!l1.QllQint
E. Antennas and towers shall be located on sites or buildings in
areas that are the least obtruGi'lle visuaflv intrusive to nearby
properties and public streets.
.Al1ten.n.as or to'\vers ::ihull 'be located only' 011 site~~ COlltail1ing an.
allo~l/able principal use.
F. Antennas, dish antennas or towers shall not be allowed:
1. Nearer the street than the principal building on the lot.
2. Nearer the side or rear lot lines than the minimum side or
rear yard setbacks for accessory uses as established in Section
1320.06 of this Code.
3. Nearer to an adjoining property's buildable area than to the
principal building on the site on which the antenna or tower
will be placed.
4. Nearer to any property line than the height of the antenna
or tower.
Sllbd. 4Nunlber of ./\.11tennas or T(Tv/ers.
/\..In. all re~;idential districts, no In.ore than. OI1e (1) exempted anteI1na and 110
nl0re than OI1e (1) antenl1a requiriI1g a conditiorlal use permit sllall be allo~y"\"/ed
on one (1) lot or parcel.
B.On C:it)T \tvater to\vers, the n'unlber of antennas POIT11itted on the structure
and gro'und ,v-ill be d.eteI1nin.ed by' tIle requirem.ents outlin.ed in Section
1320.06 of the Zorling Code arld. is stru.ctura.lly allo\yuble.
Subd. 7 Screening. RC1.'iscd tlu(~' 9, 2008.
A. l)isb. i\..n.tennas. 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
B. i\ntennaso f\nte.nnas sh.aHbepainted th.e color of the structure
to '\ h. thc-v are attach.ed.
Subd.8 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;
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.
F. 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 Sllbjcct touppro'\"cd by tIle _City appro'va1.
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.
~ The City shall require a suitable financial surety to ensure
future removal of the equipment building or cabinet upon
termination of the lease.
5.
Subd.9
A. Doclunentatio.n Required. Installation and operation of an
antenna, dish. antenl1U or to'(;/6r shall be l)ermitted onl)1' aft6r
applicatiol1 has been .made and appro~/al has been granted as
defh1ed in. Section. 1355.04 S.ubd 3 for a C~onditionallJse l)enllit.
IO.I'h.e foll(y\ving doc"uments shall be submitted v"/ith tIle appli cation: i-\.
A.Site Plan. ]~he follo"\vin.g infoIT11ation 011 the ~;.ubject property shull.be ~1ho\:vn:
1. /\ plotplu1.1. dru\vn to scale.
2. Site and building dilnensions.
3, Locatiol) ofbuildi1lgs on tIle site al1d 011 adjoining ~;ites '(,vithi1l 011e l1U.11d.red (100) feet.
4. I..Joca.tion. of site in11)rOVemetlts, including dt1.ves, l)urk.ing lots or structu.re~1, land~1cape
areas and allY other site featllfes that y/ill ai<:i tIle (~ity in e\'alllating the application.
5. I.location. an.d h.eigh.t of proposed antsil11a, di~~h antenna or to~~'/er.
6. E.Itrvation (lra\~/illg ofl)fOposed antenna, dish antenna or to\Vef.
B.Site Ele"fiution Dra~~T/il1gs arId/or Site Section Drav.~Til1gS. Dra\\Til1gs shall be proT/ided
that sho\v h.o~vv the soreening ~yT.{ill effeoti~/el)T be aocomplished as defined in the aboT~"c
S.ubd 6. Site lin.os sh.ould be illllstrated l)oth. in plan and section ~;hoT~\"ing .vertical and
horizontal relutiol1s11ips to neighboring propertie~;.
C.i\.ll (lpplical1t~1 for th.6 City's .\vuter to"\"vers must include a
signed re!)o11 from a State registered engilleer sho\ving
com.pliun.ce .v~vith. all applicable codes, standards an.d stTuctural
requ.ireI11cn.ts of 110~,;V th.e ad.d.itiol1ul alltennas ';J"y"ill afl~ct the
\vater to";ver struoture. .L\ fillal inspection report from a State
registered engineer Shll\l/in.g the .v,;vor.k completed i~; in
compliarlce Tl/itll pre\"iousl)7 approTled plans s11all ulGO be
req.uired.
D.f~ building permit shall be required for all applicatiolls except those as stated ill Section
1325.09 Su.bd 1. .i\..
Attachment D
July 8,2009, Draft Planning
Commission Minutes
~
~HILLS
July 27, 2009, City Council Meeting
Draft Planning Commission Minutes from July 8, 2009
Plannin2 Case 09-014: Zonin2 Ordinance Amendment: Antennas and Towers: City
of Arden Hills - Public Hearine
City Planner Beekman stated that this application is presented by staff and
proposes to amend sections of the zoning code regarding antennas and towers.
She reviewed the recommended amendments to the code, including updating
language to meet current standards. She explained that definitions of towers and
dish antennas had been removed. She advised that in section 1325.09 purpose,
exemptions, location priorities, collocation and screening were amended and
briefly reviewed the proposed changes. Staffrecommends approval of this case
to amend sections 1305.04 and 1325.09 of the zoning code and an additional
amendment to subdivision six, paragraph b, sub 1 to add the civic center district to
industrial and business districts.
Commissioner Holewa understood what staffwas trying to do but questioned if
this would apply to both commercial and home antennas. He questioned if the
home antennas would then need to be painted to match their roof.
City Planner Beekman advised that type of antenna would be exempt.
Commissioner Holewa questioned language used in the ordinance in reference to
the Council.
City Planner Beekman explained that the Council could be replaced with the City
if that was preferred.
Commissioner Holewa asked for further clarification on the feasibility of placing
an antenna in a location.
City Planner Beekman stated that the feasibility would be determined by a
licensed engineer.
Commissioner Zimmerman questioned if any thought had been given to the
digital change in regard to television and the possibility of additional towers being
needed for improved reception.
City Planner Beekman stated that staff did look ahead in terms of what may be
needed in terms of future antennae and towers.
Chair Larson confirmed the hierarchy of locations for antennae, first being the
water tower, then an existing tower or structure with space, and if those do not
apply only then could a new structure could be built.
Commissioner Holewa confirmed that if a new structure would need to be built
the requirement would be that they would have to leave space for another user.
He thought that there may be a difference in cost if space for another user would
be required.
Commissioner Stodola questioned if the Bethel tower would then not conform to
the requirements.
City Planner Beekman advised that the Bethel property is unique in that it is so
large and would be hard to determine the primary building. She stated that the
tower would actually conform to the new regulations.
Commissioner Holewa questioned how a traditional television antenna would be
measured, as the measurements would not be the same as dish antennae.
City Planner Beekman advised that type of antennae would be measured the same
as any other antennae and would not be exempt.
Chair Larson questioned if those types of antennas would be allowed.
City Planner Beekman advised that they are not currently regulated.
Commissioner Holewa thought that type of antennae should be exempt.
Chair Larson thought that a statement should be added to address a roof mounted
television antennae and ham radio antennae.
Commissioner Zimmerman questioned if a statement should be added to state that
type of television antennae should be exempt, as it would be for their own
personal television reception, for reception only and not transmission.
Chad Nolan stated that standard home antennae would only receive and would not
transmit a signal out.
Chair Larson opened the public hearing at 7:12 p.m.
Chair Larson invited anyone for or against the application to come forward and
make comment.
Richard Gonzalez, property owner on Lake Johanna, stated that he was a ham
radio operator and was concerned that non-commercial antennae were not
included in the regulations. He asked for further clarification.
City Planner Beekman stated that her interpretation of the reading did not
specifically address non-commercial antennas. She stated that they would not be
exempt unless they met the requirements discussed. She advised that the
antennae would then require a conditional use permit and would need to meet the
regulations in the code. She explained that the regulation would read that no
more than one would be allowed in a residential district.
Chair Larson thought that an application had been reviewed in the past for that
type of tower or antennae.
Mr. Gonzalez referenced the FCC standards and thought that the regulations
should be reviewed prior to approval.
Chair Larson advised that the Planning Commission is a recommending body and
can direct staff to review those regulations prior to the review of the Council.
Chair Larson closed the public hearing at 7:17 p.m.
Commissioner Reiff moved, seconded by Commissioner Holewa, to recommend
approval of Planning Case 09-014, to amend sections 1305.04 and 1325.09 of the
Zoning Code regarding antennas, and towers as presented in staffs July 8, 2009
report.
Further discussion:
Commissioner Reiff moved, seconded by Commissioner Holewa, to request an
amendment to subdivision six, paragraph b, sub 1 to add the civic center district to
industrial and business districts.
The Commission directed staff to include an exemption for personal television
reception antennae.
The motion carried unanimously (7-0).
Chair Larson directed staff to review the FCC regulation to ensure the ordinance
would be in agreement.
Attachment E
July 8, 2009, Report to the Planning
Commission
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July 27, 2009, City Council Meeting