HomeMy WebLinkAbout1E, Zoning Code AmendmentDEN HILLS
MEMORANDUM
DATE: December 21, 2009 Item LE
E
TO: Mayor and City Council
FROM: Meagan Beekman, City Planner
James Lehnhoff, Community Development Director
SUBJECT: Zoning Code Amendment — Antennas and Towers
City of Arden Hills
Council Review Requested
Discuss Planning Case 09-023 regarding the proposal from the Reiling Estate to amend the
Zoning Code related to antennas and to amend their conditional use permit to allow additional
antennas on the communications tower at 1296 County Road F. Staff is seeking direction on
how to proceed with the proposed amendments.
Discuss the process for locating antennas on existing towers in the City in general and possible
revisions to the review process.
Since this is a work session, the Council will not be making a decision on the planning case
requests. The purpose of the discussion is to provide feedback on possible courses of action to
work toward a resolution with the Reiling Tower and to potentially streamline the antenna
review process. In reading this memo, please consider the following questions:
1. Should the Reiling Tower be required to conform to the seven antenna limit in the 1972
CUP?
2. Should additional antennas be allowed on the Reiling Tower up to what is deemed
structurally feasible by an independent engineer or another number? This would require
a Zoning Code amendment and CUP amendment to address the nonconformity and allow
new antennas on the Reiling Tower.
2. Should new antennas located on existing communications, towers and City water towers
require a conditional use permit or could the process be streamlined? This would require
a Zoning Code amendment to change the review process.
3. Should the height maximum of 75 feet be imposed on antennas being located on existing
towers that exceed that height? This would require a Zoning Code amendment.
City of Arden Hills
City Council Work Session for December 21, 2009
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-023 Reiling "Tower Zoning and CUP Amendment (Pending)\12-21-09 - Work
Session - Memo - Antennas and Towers. doc Page 1 of 6
Planning Case 09-023: Reiling Tower CUP Amendment and Zoning Code Amendment
The George J. Reiling Estate has recently submitted an application for a Zoning Code
Amendment as it relates to the existing communications tower and antennas located at 1296
County Road F, hereafter referred to as the Reiling Tower. The applicant is requesting that the
Zoning Code be amended to allow additional antennas to be placed on existing non -conforming
towers, and to allow these additional antennas at a height in excess of 75 feet. The current City
Code limits the height of antennas to 75 feet.
In addition to the Zoning Code Amendment, the applicant is requesting a Conditional Use Permit
(CUP) Amendment to the original CUP for the tower at 1296 County Road F to allow additional
antennas to be located on the tower up to what is structurally feasible without the need for
additional CUP Amendments.
Reiling Tower Background
The original CUP for the Reiling Tower was approved in 1972 (Attachment A). At the time it
allowed for the construction of a communications tower that would hold seven microwave dish
antennas on the parcel located at 1296 County Road F. Although the approved dish antennas
could be replaced with other equipment, the original CUP did not include provisions for adding
more antennas or placing antennas at different heights.
Over the course of the next several decades, antennas were replaced, removed, and located on the
Reiling Tower. There is not a consistent record of building or electrical permits for this work,
and the original CUP was never amended to accommodate the changes made to the Reiling
Tower. This discrepancy was discovered during recent inquiries by Clear Wireless to add new
antennas to the Reiling Tower. The antenna tower had been maintained by a company called
Great River Wireless; however, they abandoned their rights to the tower in early 2009 due to a
disagreement with the Reiling Estate. Mike O'Rourke from US Bank was brought in by the
Reiling Estate to manage the property. Staff informed Mr. O'Rourke that the tower needed to be
brought into compliance with the original CUP or the original CUP would need to be amended to
address the changes that were made over the last 37 years. A CUP amendment is made
somewhat more complicated because the tower is a legal non -conforming use. A legal non-
conforming use means that the tower was originally constructed in conformance with the Zoning
Code but, over time, the Code changed and the tower is no longer in conformance with the
Zoning Code.
The Reiling Tower is a legal non -conforming use because at some point after the Reiling Tower
CUP was approved in 1972, the City changed the Zoning Code to make antennas a conditional
accessory use in all zoning districts except for the B-3 District. This change meant that new
towers could only be built on sites with other uses. Because the Reiling Tower is the only use on
that property, it is a legal non -conforming use. Allowing additional antennas would be an
City of Arden Hills
City Council Work Session for December 21, 2009
IlMetro-inet.uslardenhillslPlanningIPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)112-21-09 - Work
Session - Memo - Antennas and Towers.doc Page 2 of 6
expansion of a non -conforming use. A legal non -conforming use can only be expanded in one of
two ways: 1) the applicant could request a variance, but he would need to demonstrate a hardship
as required under State Statutes; or, 2) the Zoning Code could be amended to allow an expansion
of existing legally non -conforming antenna towers. The applicant is requesting the zoning code
change.
The Arden Tower at 1777 Gateway Boulevard is also considered a legal non -conforming use
because it is not accessory to another use. However, the Arden Tower CUP includes provisions
to allow for additional antennas and antennas at different heights with a building permit. The
Reiling Tower CUP does not include such provisions.
The applicant has submitted a structural analysis report that was prepared by Verizon Wireless,
the only cellular provider on the tower. The report indicates that there are 32 antennas on the
tower now, but, according to the property owner, only 18 of those are operable. There are three
different users on the tower. Verizon Wireless is the only cellular service provider, and they
have 15 of the operable antennas. American Messaging has two whip antennas, and Nextera has
one dish antenna currently located on the tower. According to Verizon's structural analysis the
tower is currently at 98 percent capacity, which includes the 14 inoperable antennas. Based on
conversations that Staff has had with Garry Lysiak of OWL Engineering, equipment will need to
be removed from the tower if any more antennas were to be installed.
Discussion
There are two parts to this discussion. First, the City and the Reiling Estate need to seek a
solution regarding the noncompliance with the original Reiling Tower CUP. While the City may
be able to order compliance with the original CUP, the fact of the matter is that there are
customers that rely on services provided by the tower. If the additional antennas were forced off
the tower, it could result in requests for new antenna structures. Technology has changed since
the tower was first approved for microwave dishes in 1972. Cellular service providers often
require nine to 15 panel antennas, rather than a single dish antenna, as was the case several
decades ago. The actual number of antennas allowed on the tower is less a factor than the
structural integrity of the tower itself.
Secondly, as Staff began to review the zoning code amendment application, a number of
concerns arose that pertain more generally to antennas located on existing towers within the City,
the likelihood of future requests for antennas, and the City's approach to reviewing new antenna
requests. Furthermore, the communications industry is constantly evolving and the Federal
Communications Commission (FCC) regulations also impact local regulations and review.
Presently, there are three freestanding communications towers in Arden Hills: the Reiling Tower
at 1296 County Road F, the Arden Tower located at 1777 Gateway Boulevard, and the State of
Minnesota tower at 1929 Lake Valentine Road. The State of Minnesota tower is exempt from
City of Arden Hills
City Council Work Session for December 21, 2009
IIMetro-inet.uslardenhillslPlanninglPlanning Cases12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)112-21-09 - Work
Session - Memo - Antennas and Towers. doc Page 3 of 6
local regulations. The City's two water towers also have antennas attached to them, which are
covered under special provisions in the Zoning Code.
Antenna Regulations
FCC Regulations
The City's regulations must take into account the provisions in the Federal Communications Act.
Section 332(c)(7) of the Communications Act preserves state and local authority over zoning and
land use decisions for communications antennas; however, it includes limitations on that
authority. According to the regulations, a state or local government may not unreasonably
discriminate among providers of functionally equivalent services, may not regulate in a manner
that prohibits or has the effect of prohibiting the provision of wireless services, must act on
applications within a reasonable period of time, and must make any denial of an application in
writing supported by substantial evidence in a written record. The statute also preempts local
decisions premised directly or indirectly on the environmental effects of radio frequency (RF)
emissions, assuming that the provider is in compliance with the Commission's RF rules.
(htlp:Hwireless.fcc.gov/siting/local-state-gov.html).
The FCC also made a ruling in December 2009 that local governments must act upon requests
for new antennas on existing towers with 90 days of submitting an application. This is less than
what Minnesota Statutes allow for other land use reviews, which can be up to 120 days. The
new ruling also states that a city cannot deny one wireless service provider because a competing
provider is already located on a particular tower or somewhere else in the city.
City Zoning Regulations
Section 1325.09 Subd 1 of the City's Zoning Code states that a purpose of regulating antennas,
dish antennas, and towers within the City is to "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." Essentially, it has been the City's
desire to encourage new antennas to be located on existing platforms (i.e. water tower, antenna
tower, or building) where feasible instead of building new antenna towers or monopoles
throughout the City. A complete ban on new antennas or antenna towers would conflict with
FCC regulations. However, a city can reasonably regulate the location and appearance of new
antennas and towers provided the regulation does not prohibit the accessibility to wireless
services.
In August 2009, the City adopted a code update to set a priority list for the placement of new
antennas (Section 1325.09 Subd 6). Again, the goal is to encourage the grouping of antennas to
minimize the construction of new antenna towers and limit the aesthetic impact. The code states
that new antennas shall be located on City water tower sites unless the applicant shows, to the
City of Arden Hills
City Council Work Session for December 21, 2009
llMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending) 112-21-09- Work
Session - Memo - Antennas and Towers.doc Page 4 of 6
reasonable satisfaction of the City, that none of the City water towers can be feasibly used from
an engineering standpoint. If the City water tower site is not feasible, the Code requires the
applicant to consider the following locations in order of priority:
1. On existing towers or structures within any industrial, civic -center, or business district;
2. On new towers in any industrial civic -center, or business district;
3. Any existing towers or structures located within any residential district; then,
4. Any new towers or structures located within any residential district.
The Zoning Code also includes co -location requirements. In the event that a new antenna
support structure is demonstrated to be needed somewhere in the City, it must be built to allow
for other future antennas. The purpose of this requirement is to limit the number of new towers
or monopoles by grouping equipment in a particular location.
The existing ordinance requires that all new antennas and towers require a conditional use
permit, including adding antennas to existing towers and to the City water towers. As already
noted, the Reiling and Arden Towers are considered legal non -conforming uses. Since these
towers are legally non -conforming uses, it is not possible to add antennas to those towers,
beyond what was permitted in the underlying CUPs, without a variance or a change to the
Zoning Code. The City water towers do not have the same limitation.
Antenna Review Process
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 if possible.
Despite the priority list for antenna location in the Zoning Code, the Code also does not really
encourage the use of the water towers and existing towers. New service providers are required to
come before the Planning Commission and City Council for a CUP in order to place antennas on
existing communications towers and water towers, which adds time and expense. Since it is the
same process for placing an antenna on existing structure or building a whole new antenna, there
is less incentive to consider the water towers or existing antennas. To address this issue, it may
be worth eliminating the CUP process for placing antennas on the existing water towers or
freestanding towers. In place of the CUP, the applicant would be subject to an administrative
review for existing water towers and freestanding towers. The administrative review for
proposed antennas on the water towers or freestanding towers would require the following:
• An independent structural engineering review to determine if the tower can accommodate
the additional antennas;
City of Arden Hills
City Council Work Session for December 21, 2009
I IMetro-inet. us lardenhills 0anninglPlanning Cases12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)112-21-09 - Work
Session - Memo - Antennas and Towers. doc Page 5 of 6
• If the antenna is not proposed for the water tower site, an independent RF engineering
review would be needed to clearly demonstrate why the antenna is not proposed for the
water tower sites
• A building permit.
In the case of the water tower sites, the applicant would need to come before the City Council for
approval of a lease agreement, but a public hearing before the Planning Commission would not
be required. The lease agreement can 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 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 total number of towers required to be constructed in the City. 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
building, a conditional use permit and public hearing would still be required along with the
administrative review requirements.
The height requirements within the code are also contrary to the purpose of reducing the number
of towers necessary to provide suitable service. The Arden Tower and Reiling Towers are at
heights of 640 feet and 240 feet, respectively. The City's Fernwood and Red Fox water tower
sites are heights of 120 and 150 feet, respectively. Generally speaking the greater the height of
the antenna, the greater the range, thus reducing the number of antennas that are necessary to
accomplish the same level of service. Permitting antennas on existing towers at a height greater
than 75 feet would better allow full utilization of the existing tower space.
If the 1972 CUP is enforced in terms of the number of antennas originally approved, it is
important to consider the potential repercussion of removing the antennas from the tower. If the
City were to consider amending the 1972 CUP to allow additional antennas, what questions or
concerns would the Council have?
The need for suitable antenna sites is not going to go away. While older technologies are
consolidating sites, the newer high speed services are requiring additional antennas. It is
reasonable to except increasing demand from wireless internet and cellular services.
Attach mPntc
A — Reiling Tower Conditional Use Permit 72-024
B — Current Conditions of Reiling Tower
C — Zoning Code Section 1325.09
D — Communications Towers and Water Towers Map
City of Arden Hills
City Council Work Session for December 21, 2009
IlMetro-inet.uslardenhillsiPlanninglPlanning Cases 12009109-023Reiling Tower Zoning and CUP Amendment (Pending) 112-21-09- Work
Session - Memo - Antennas and Towers. doc Page 6 of 6
Attachment A
Reiling Tower Conditional Use
Permit 72-024
December 21, 2009, City Council Meeting
•
_ STATE OF MINNESOTA
' COUNTY W [� �ti7�wE i v
+ .R.
VILLAGE OF ARDE'n HILLS '
SPECIAL USE PE IT CASE NO. 72 -• 2 4 ,
' Th+e • underdigned, Clark-4dm •ai.strator. of 'the Village of
-Arden Hills # does berehlr certify that this Special Use Permit
is granted.p4rsuant.to the provisions of Ordi nan No. 99 of Arden Hills in accordance with a public hearing. duly held
by the Rla aning Commission on JuEne '6 , 1972, and subsega+ent _
approval thereof by the -Arden 11il.l s Counci 1. on AuguEst , i.4 ,
'. 1972. -
Permission -is accord.i,ngly given to the applicant, -
Midwestern Relay Company,, to• , construct and operate • on' th+e property..'hereinafter described a two hundred forty (240) foot
mi.orowava :tower and mice *building ` - all pursuant to the
Plans d specifications there for of file with the Village
.Actiti.nis-trator w . The property which .is t ac subject of this.
permit is legally described as follows, to-owit t
That ,part of the Northwest Quarter of the North"-
t west Quarter of the Northeast Quarter (NW 1/4 of
NW 1/4 of nE 1/4) of. Section 27, Township 30 i . ..
Range 23, described as -follows t starting at the -
Northwest corner of the Northeast -Quarter (nE 1/4),,
' of Section 27; . thenca East on the North line there- '
of four hundred. anti six ( 4o6 ) feat to' the place
of hregi:nniag; • thence -East 209 9 75 . feet 41=4 the
North line of Section 27; thence • South slang a_
• line which ig parallel to .and distant 614,75
fOet Eaxterllr of the West line of said Northeast • ,
Quartex" . (N9.1/4) to the North- right -of --gray:. line : • .
of Interstate Highway # 6944' - th once Northwestarl ' .
along the- North • right -of -way line Qf interst.Sto Highway # 694. to a point thereon which is 'located
{.' four hundred and six 14-06) feet -Easterly of the
Vida t lino., of said Worthe dst -:QuartAr aB 1/44 ; -
• • thence North on a line :parallel. to and- distant :.
four hundred and s (406) feet mars't*rPy of the • -
West line of said northeast Quarter (TEE. 1/4) to -
a,, the point of beginning,. °
Thisperinit'is iasue+d subject to all . ihe-requir- tenti
and oonditio ns set forth.. in 4rdina .no , 9 9 f ' the - Zoni-ng •
Ordinance* subject to obtaining -a'
proper .buiidin< pent
for -the construction of said , tower and said service bui .ding ,
all to be wilt in accordance with the plans and specifications
therefor as refereed. to in the Ellerba report of July 27,
-1972,r on file. with the Village Administrator, as adjusted.
by the pElass subsequtntly filed shawlzg expanded site .,end
now tower location f and thy. s '-•permi.t is also 'issued sucbJect
'tQ the. foi lcroing special: conditions: - .. .
(a) approval of applicant's plan by the '
• ' Hinnesota- Highway Department.
(b) Approval of all aspects of applicants
• - plan by the Village Engineer..
• : •(c) Sup ervi.sion :day Rllerbe and Msociateii of
all, phasoa of constructioncif said tower.
. (d) 6 tibmi s s i on Of a written report. by Mr. .
• Os6a'r Reed, applicant's expert, a odying
• -his testimony before the village Council
• 'on August 14 ,, 1%72 .
ie) written approval from the property owner,
14r. forge Ra i l.i.nt : .
{ f Kidwostern. Relay Company agrees to indenni fy •
• and hold haml.ess the Village and. Ellerbe '
from ahy • liability • .for personal, in j uEry or
proporty damage , arising out of or in the
coarse of cdostruction and shall carry con.".
tractual liability insurance coverage in-
suring such ;underting with. limlts #a .
_ specified for required ' -compishensi.vo liar
. bility insurance. • . _
(g) .'Midwestern Ria.lay Company shall f ernish to -
..the the vi l.l.age a poi. i. cy of comprehensive , gen~
• - •eral liability insurance covering the • vil
• .la and ElUrbe for any liability arf.11inch
out of or in the course of construction with
a base policy' coverage of not. 10$ls than
• $10-O r OOO r $ 300., 0o0,r an . umbrella ,ie�verage
of not less than $2., 00p',. 0oa.
(h) Mid'wastern Relay Company shall. furnish _ tea►
the Village three (3) copies of all design
• . ocuments and constiruction contract docuo-
ments, .including construction and - orocti.on
s drawings and. specifIcati.ons.
i
U) Rados stern ge lay Company acknowledges and
_ agrees that the design and a re ct ion of the
tower, and antennas shall be subjet to: re-,*
view and on -site i nspecti'on .by Ellerbe' acting
on behalf of the Village. Notwithstanding
eudh ' raVi.ew and inspection 'b • Elierbe, -
I-lidweatern Relay Company shall be and remain
• solely respoAsible -for all design, cxoni struction -
d construotion Procedures.in +cowiecti.on with
the project * •
- • , o towsr #d' to�ndaitjon-plaAs. ' sue'{...
..
_AdWeateM by
-tted.'--
• pared under the 4Ur ROIAY, *h&l.X �_be Pxe
#. n :,isftered
sai
the; Rio t• a'
- ' - tion sip :.shall appo • 6fi � `�#�� docn.. ' •'
merits s�� t� . four approval. ' - • -
OF
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(1) 161 UHX at 2351 Present
ORIENTATION 0
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AZi 215
(1) 81 Antenna with
at 12--., rj~:�scnit
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g) L%iv (1) vd A i it e v. t ", i a za, ..I
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3. Tov�_r -feel is aot J.4p galv",zo4 al'-LeE
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,RECEIVED MAY 1 5 W2 Z
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Attachment B
Current Conditions of Reiling Tower
December 21, 2009, City Council Meeting
TOWER
slrE NAME:
MINC AMEN HILLS SITE #314
srrE LocarloN:
ARD E N HILLS, M N
TOWER MANUF. /MODEL:
U N K N O W N
ORIGINAL DESIGN CRITERIA:
Tl/q/EIA-222— UNKNOWN
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+ (1) TOP BEACON
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EXIST (1) 15' OMNI WHIP Z
+ (1) 14' OMNI WHIP Q 0
+ (1) 20' OMNI WHIP
+ (3) LEG PIPE MOUNTS
ELEV. 240' ELEV. 240' BASE
7'-O"
77
EXIST (1) 12' HP DISH (KD12 F21)
Az. 0° ELEV. 234' f (TO BE REMOVED)
v EXIST (1) 10' HP DISH (D10E-21)
Az. 1200 ELEV. 234' t (TO BE REMOVED)
w
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X ELEV. 220' EXIST (1) 2' HP DISH (Az. 1600f)
x V-9" + (2) 9"X18" PANELS
N + (1) 6'x2" PIPE MOUNT
N ELEV. 204'-210' t
EXIST (1) 2' DISH W/ RADOME (SP2-5.2) (AZ. 300t)
ft + (2) 12"X18" PANELS + (1) 12"x12" PANEL
+ (1) 6"x9" PANEL + (1) TTA BOX
+ (1) 8'x2" PIPE MOUNT _ o
ELEV. 200' ELEV. 200'-208' t
10'-6" z z i
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x X EXIST (1) 10' HP DISH (D10E-21) j 00
to C4 Az. 0° ELEV. 196' t (TO BE REMOVED) w w
> cx N EXIST (3) DISH FACE MOUNTS b
x
N ELEV. 180' ELEV. 196' f (TO BE REMOVED) m In
x 12'-3" In
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+ (6) LPA-185080 / 8CF PANELS
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ELEV. 160'
ELEV. 160' + (VZW) (RE -LOCATE Z-SECTOR FROM ELEV. 100') o w w
x 14'-0" cr In
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PROP (2) CSS X7C-865-2D PANELS
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ELEV. 140' EXIST (1) 3' YAGI & MOUNT Q)
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M EXIST (1) 6' HP DISH (HP6-11DW2)
> x \ Az. 300 ELEV. 143' t
X EXIST (1) 10' HP DISH
b ELEV. 120' Az. 2400 ELEV. 137' f (TO BE REMOVED)) O
v x x 17'-6"
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EXIST (1) 3' HP DISH (HP3-18DW2)
N N + (1) DRAGONWAVE DW RADIO BOX
N Az. 2400 ELEV. 127' t ll
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x x OB LIGHTS W
m m ELEV.120'
x ELEV. 100'
X x x 19'-3" EXIST (1) 6' HP DISH (HP6-11DW2)
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ELEV. 107'
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x NOTE: LINE LAYOUT &SIZE FROM
N t; 0 d
N
\ ELEV. 80' LIMITED MAPPING BY OTHERS. � ,A
N 21'-0"00
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x
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N EXIST (6) 7/8" DIA. LINES (3 REMOVED) Z
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m �
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x ROP (2) 1-5/8" DIA. LINES X Z U
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DIAGONAL HIP BRACING Q OI
x TO ELEV. 50' (' Q
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ELEV. 40' BRACING TO ELEV. 120' z
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,t ,i ELEV. 28' t � I 3
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ELEV. 0'
28'-0"
0
28'-0" z
z
z �QN: 240' SELF-SUPPORTING TOWERz o o 101 SCALE: 1" = 20'-LW
O N W W W W z
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ALL RIGHTS RESERVED, THIS DRAWING SHAH REMAIN THE PROPERTY OF MALOUF ENGINEERING INTERNATIONAL, INC. NO PART THEREOF SHALL BE REPRODUCED, COPIED, ADAPTED, DISCLOSED, OR DISTRIBUTED TO OTHERS WITHOUT WRITTEN PERMISSION OF MEI, INC.
TOWER HEIGHT 6c TYPE: 240'SELF-SUPPORTING
DESIGN 1 / VERIZON WIRELESS
MINC ARDEN HILLS LTE SITE #314
3. ANALYSIS CRITERIA
The structural analysis performed used the following criteria:
/ STANDARD
ANSI/TIA-222-F-96 Standard
LOADING CASES
Full Wind:
80 Mph (fastest -mile) - with No Radial Ice
Iced Case:
69.28 Mph (fastest -mile) + 0.5" Radial Ice
Service:
1 50 Mph
Appurtenances Configuration
The following appurtenances configuration has been considered:
Table 1: Proposed Changed Condition Appurtenances
Elev .
ft;;
t
t ... .....
e
c
.... :
De crr tion ........ .... .
Munt Descry a
tn.
....
........... .......
i
L
LMdl
ine �ZeTenant .& .
Location
160
VzW
2
CSS X7C-865-2D PANELs
[EXISTING (3) 13' T-BOOM
SECTOR MOUNTS]
2
1-5/8" +
Existing
1
CSS X7C-880-4D PANEL
6
CSS DBC-750 DIPLEXERS
Table 2: Current Appurtenances
240
1
4' LIGHTNING ROD
1
1" R.C.
1
TOP BEACON
1
15' OMNI WHIP & PIPE MOUNT
2'x2" PIPE MOUNT
1
1-5/8"
1
20' OMNI WHIP & PIPE MOUNT
2'x2"'PIPE MOUNT
1
7/8"
1
14' OMNI WHIP & PIPE MOUNT
2'x2" PIPE MOUNT
1
1/2"
204-
210
Nextera
2
911x18" PANELS
6'x2" PIPE MOUNT
3
CAT 5E
Nextera
1
2' HP DISH
200-
208
Nextera
1
2' DISH W/ RADOME SP2-5.2
8'x2" PIPE MOUNT
6
CAT 5E
Nextera
2
12"x18" PANELS
Nextera
1
611x9" PANEL
Nextera
1
1211x12" PANEL & TTA
201
Nextera
1
4' HP DISH HP4-11DW2
DISH PIPE MOUNT
1
CAT 5E
160
VzW
6
LPA-185080 / 8CF PANELS
(3) 13' T-BOOM SECTOR
MOUNT (Z-SECTOR MOUNT
AND ANTENNAS RE -LOCATED
FROM ELEV. 100'
4
1-5/8"
6
LPD-7905/8 PANELS
6
7/8"
6
TTA'S
148
1
3' YAGI
PIPE MOUNT
1
1/2"
143
Nextera
1
6' HP DISH HP6-11DW2
DISH PIPE MOUNT
2
CAT 5E
127
Nextera
1
DRAGONWAVE DW RADIO BOX
DISH PIPE MOUNT
Nextera
1
3' HP DISH HP3-18DW2
1
CAT 5E
123
Nextera
1
6' HP DISH HP6-11DW2
3
CAT 5E
120
1
OB LIGHTS
107
EMPTY PIPE MOUNT
28
1
YARD LIGHT
APPURTENANCES
TO BE REMOVED
234
TBR
1
12' HP DISH KD12-F21
DISH FACE MOUNT
TBR
1
10' HP DISH D10E-21
DISH FACE MOUNT
196
TBR
2
10' HP DISH D10E-21
3 DISH FACE MOUNTS
145
TBR
1
8' HP DISH D8E-21
DISH PIPE MOUNT
137
TBR
1
10' HP DISH
DISH PIPE MOUNT
Notes:
1. Please note appurtenances not listed above are to be removed/not present as per data supplied.
2. (TBR) = To Be Removed.
3. The above antennas, mounts, and lines represent MEI's understanding of the appurtenances
configuration. If different than above, the analysis is invalid. Please refer to Appendix 2 for EPA wind
areas used in the calculations. Please contact MEI if any discrepancies are found.
MALOUF ENGINEERING INT'L, INC. MEI PROJECT ID MN01634S-09V1R1 - 09/22/09 - Pg. 5
This report is not to be reproduced or copied in whole or in part without MEI's written consent. 2009, MEI, Inc.
Attachment C
Zoning Code Section 1325.09
December 21, 2009, City Council Meeting
City of Arden Hills Chapter 13 Zoning Code
proposed finished grade, the existing and proposed drainage pattern, and
proposed erosion control measures. A complete grading plan may be
required if considered necessary to the evaluation of the request.
Subd. 7 Review Procedure. The permit application shall be reviewed by the City
Engineer and other members of the administrative staff to determine the impact of the
proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies
of water. The permit may be approved as submitted, approved with modifications, or
rejected because of specifically stated adverse impacts. If denied, the applicant may
appeal the administrative decision to the City Council within ten (10) days.
1325.09 Antennas, Dish Antennas and Towers. (Revised 08105109)
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.
A. Antennas and towers used by the City for City purposes.
B. Receptive dish antennas under one (1) meter in diameter and
individual receptive antennas, which are no taller than twelve (12) feet
above the roofline, regardless of the zoning district.
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.
Section 1325 — General Regulations
Adopted: November 13, 2006
Page 44 of 52
City of Arden Hills Chapter 13 Zoning Code
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:
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
Section 1325 — General Regulations
Adopted: November 13, 2006
Page 45 of 52
City of Arden Hills Chapter 13 Zoning Code
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:
l . 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.
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
Section 1325 — General Regulations
Adopted: November 13, 2006
Page 46 of 52
City of Arden Hills Chapter 13 Zoning Code
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.
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
Section 1325 — General Regulations
Adopted: November 13, 2006
Page 47 of 52
City of Arden Hills Chapter 13 Zoning Code
1325.10
1325.11
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 I.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.
Recreational Vehicles (RV's).
Temporary Buildings.
(Repealed 02107108)
Subd. 1 Dwellings. No garage, tent, trailer, vehicle or accessory building shall at
any time be used as a dwelling except mobile homes located in an approved mobile
home park, and except for structures receiving a temporary permit from the Council.
The Council may, in its discretion, grant a temporary permit for the use of the
foregoing, structures as dwellings for a period not to exceed ninety (90) days when an
emergency or hardship situation exists.
In addition to the foregoing, the Council, may if in its discretion it determines an
emergency or hardship situation exists, grant a temporary permit for the use as a
residence of a basement under a finished single family residence where the basement
is made suitable and safe for said residential purpose and occupancy is approved by
the Building Inspector.
Subd.2 Public, Semi -Public and Business Buildings. No portable structures,
manufactured housing units, mobile homes, air -supported structures, tents or trailers
shall be used as classrooms, offices or any other type of public, semi-public or
business use unless such structures are accessory to permanent principal buildings on
the site and unless a temporary permit is reviewed by the Planning Commission and
approved by the Council. Mobile public libraries, blood mobiles, traveling exhibits,
and on -site construction offices are exempt from this provision, however,
construction offices shall receive a temporary structure permit in conjunction with the
building permit for the principal building requiring the construction office. The City
Council may determine that a time limitation for a permit for such a temporary
building is necessary to assure that the applicant pursues a permanent solution to the
situation that required a temporary building.
Section 1325 — General Regulations
Adopted: November 13, 2006
Page 48 of 52
Attachment D
Communications Tower and Water
Tower Map
December 21, 2009, City Council Meeting
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