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Home My WebLink About7C, Ordinance 2010-002€ � i � , � � _ _ 5 f f f ��S. EN HILLS = � , f � _ . . � Re uest for Counc�l Actlon ; q = _ f � _ _ � , � 5 S 5 �F f f. . ... ...........................�................��...�..�.�. . ........ ........ . . ... . .... .��......................... f S Prepared By: Meagan Beekman, City Planner ; Council Meeting Date: February 22, 2010 , � � � Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the seven conditions in the February 22, 2010, planning case report. A rove Publishin a Summar of Ordinance 2010-002 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Recommendation: 1. Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the seven conditions in the February 22, 2010, planning case report. 2. Approve Publishing a Summary of Ordinance 2010-002 Supporting Documents: 1. February 22, 2010, Report to the City Council 2. Draft February 3, 2010, Planning Commission Minutes 3. Conditional Use Permit Amendment 4. Section 1325.09 — Black-lined version 5. Ordinance 2010-002 and Publication Summary 6. February 3, 2010, Report to the Planning Commission : EN ILLS . MEMORANDUM DATE: February 22, 2010 TO: Mayor & City Council FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #: 09-023 U.S. Bank (Michael O'Rourke) on behalf of the George J. Reiling Estate Conditional Use Permit (CUP) Amendment and Zoning Code Amendment 1296 County Road F Back�round U.S. Bank, on behalf of the George J. Reiling Estate, has submitted an application for a Zoning Code Amendment as it relates to the existing 240 foot communications tower and associated antennas located at 1296 County Road F, hereafter referred to as the Reiling Tower. The original CUP for the Reiling Tower was approved in 1972 (Attachment D). The CUP allowed for the construction of a communications tower and seven microwave dish antennas on the parcel located at 1296 County Road F. Although the approved dish antennas could be replaced with other equipment in the same location, the original CUP did not include provisions for adding antennas or relocating antennas at different heights on the tower. Over the course of the next several decades, antennas were replaced, removed, and relocated 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 U. S. Bank was hired 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 3 8 years. However, a CUP amendment request is made somewhat more City of A�den Hills City Council Meeting for Feb�uary 22, 2010 C: IDocuments and SettingslUecky.brazyslLocal Settingsl Temporary Internet FileslOLKl SFI02-22-10 - Regular Meeting - Memo - Reiling Tower CUP Amenc�.doc Page 1 of 8 complicated because the tower has become 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 tower 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 and heights were limited to 75 feet. This change meant that new towers could only be built on sites with other uses and antennas could not be placed at heights greater than 75 feet, except for on City water towers. Because the Reiling Tower is the only use at 1296 County Road F and it is greater than 75 feet tall, it is a legal non- conforming use. Allowing additional antennas would be an expansion of a non-conforming use. A legal non-conforming use can only be expanded in one of two ways: l. The applicant could request a variance, but would need to d�monstrate a hardship as required under State Statutes; or, 2. The applicant could request a Zoning Code amendment to add provisions that allow antennas to be added to existing, legally non-conforming towers at any height provided the tower can structurally accommodate the antennas. It would be quite difficult to prove a hardship in this type of case, which is why the applicant is requesting a Zoning Code amendment. If the Zoning Code amendment is approved, the applicant is then requesting a conditional use permit amendment to allow the additional antennas and the relocation of antennas on the tower. Discussion There are two parts to the Zoning Code amendment request. The first part would allow antennas at heights greater than 75 feet on existing antenna towers. The second part would allow additional antennas to be located on existing antenna towers up to what would be structurally feasible for the tower (Attachment C). If approved, the combined effect of the amendment requests would allow additional antennas on legally, non-conforming antenna towers provided the tower can structurally accommodate the antennas. FCC Regulations Whenever a city reviews its antenna ordinances, it is important to consider federal regulations. All cities 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 City ofA�den Hills City Council Meeting fo� Feb�uary 22, 2010 C: IDocuments and Settingslbecky.brazyslLocal Settingsl Temporczry Internet FilesIOLKISF102-22-10 - Regulnr Meeting - Memo - Reiling Tower CUP Amen�.�oc Page 2 of 8 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. (http://wireless.fcc. ov/siting/local-state-gov.html). 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. Cities are allowed to regulate towers in such a manner provided it does not leave parts of a community without access to wireless services. In August 2009, the City updated the Zoning Code to include 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 impact on the public health, safety and welfare, which includes the aesthetic impact. The code states that new antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that the City water towers cannot 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: l. 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. As stated above, the Zoning Code requires applicants to consider the City water tower sites and existing towers before any other location or before building a new tower. However, the Code also prohibits the addition of new antennas to the existing Reiling Tower because it is considered legally non-conforming under the code. This creates a contradiction in the Zoning Code because if the water tower sites were deemed infeasible from an engineering review, a potential applicant would not be able to consider the Reiling Tower due to its non-conforming status. This could result in a request for a new antenna tower, which the City is trying to avoid when possible. The height requirements within the code are also contrary to the purpose of reducing the number of towers necessary to provide suitable service. Generally speaking the greater the height of the City ofA�den Hills City Council Meeting for Feb�uary 22, 2010 C: IDocuments and SettingslUecky.brazyslLocal Settingsl Temporary Internet FilesIOLKISFl�2-22-10 - Regular Meeting - Memo - Reiling Tower CUP Amend.doc Page 3 of 8 antenna, the greater the range, thus potentially reducing the number of antennas that are necessary to accomplish the same level of service. Moreover, permitting antennas on existing towers at heights greater than 75 feet would allow better utilization of existing tower space and may reduce the need for new towers elsewhere in the City. The need for suitable antenna sites is anticipated to increase with the growing demand for wireless services. While some older technologies are consolidating antenna sites, the newer high-speed services are requiring additional antennas. It is reasonable to expect increasing demand from wireless internet and cellular services. Conditional Use Pe�mit Amendment Request The applicant is requesting that the original CUP be amended to allow the owners to add, relocate, or replace antennas on the Reiling Tower as needed, provided the tower can structurally accommodate the antennas. Any change to equipment on the tower would require a building permlt and administration review, but a CUP amendment for changes would not be required. Under the current procedures, someone requesting to relocate or add antennas to the Reiling Tower would be required to come before the Planning Commission and City Council for a CUP amendment. Since it is the same process for placing an antenna on this existing structure as it would be for constructing a new antenna tower, there may be less incentive to consider the existing tower for new antennas. If this request is approved, the applicant would be subj ect to an administrative review to relocate or add antennae, which would require the following �nformation: • An independent structural engineering review to determine if the tower can accommodate the additional antennas; • An independent RF engineering review to clearly demonstrate why the antenna is not proposed for the City water tower site; • Conformance with all other City regulations; and, • A building permit. In addition to allowing the current configuration of the tower to remain and add new antennas in the future, this CUP amendment is also intended to encourage the placement of antennas on existing towers instead of building new towers. The result would be in keeping with the goal of the Zoning Code to reduce the demand for future new towers in the Cit . The administrative Y 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 private building, a conditional use permit and public hearing would still be required along with the administrative review requirements. The CUP process is important for new towers because the potential impacts to the public health, safety, welfare, and aesthetics would need to be fully evaluated. City of Arden Hills City Council Meeting for February 22, 2010 C: IDocuments nncl Settingslbecky.brazyslLocal Settingsl Temporary Internet FileslOLKl SFI02-22-10 - Regulc�r Meeting - Memo - Reiling Tower CUP Amena'.n'oc Page 4 of 8 Enginee�ing Review As noted in the first part of this report, the Reiling Tower has undergone a number of changes to the antenna configuration since it was constructed in 1972. The current configuration is not in conformance with the original approval, and the changes were not reviewed by the City. The CUP amendment addresses the noncompliance with the 1972 CUP; however, the City contracted with Ulteig Engineers to have a complete structural review completed since the previous changes were not reviewed by the City (Attachment C). In summary, the Ulteig report indicates that the tower is in good condition and has been properly maintained. The report indicates that there are 29 antennas on the tower (the diplexers are support equipment used by the antennas). Of those, 18 antennas are used by Verizon Wireless for cellular services, two are used by American Messaging to provide pager services, and one dish is used by Nextera to provide business internet services. Staff is working with the property owner to identify the purpose of the remaining nine antennas. The report notes that Clear Wireless is seeking to add six antennas to the tower, which, if done, would put the tower at 97.4 percent capacity in its current condition. The Clear Wireless antennas have not yet been reviewed by the City. If the CUP amendment is approved, Clear Wireless would be subj ect to the administrative review process but another CUP amendment would not be required. If the nine unidentified antennas can be removed from the tower, additional capacity may be available on the tower in its current condition. According to the supplementary report provided by Ulteig, the tower has the ability to be upgraded in the future to provide additional capacity for antennas. The legs of the tower are only at 62.8 percent capacity and it would be possible provide additional bracing to increase the overall capacity. Other Communication Towers in Arden Hills Besides the Reiling Tower, there are two other freestanding antenna towers located in Arden Hills. The Arden Tower at 1777 Gateway Boulevard is also considered a legal non-conforming use because it is not accessory to another use and exceeds the 75 foot height limit. However, the Arden Tower CUP already includes provisions that allow for additional antennas and antennas at different heights with administrative review and a building permit. The 1972 Reiling Tower CUP does not include such flexible provisions. The other tower is located at 1929 Lake Valentine Road and is owned by the Minnesota Department of Transportation (Mn/DOT). Because the tower is owned by a State agency, it is not subj ect to local land use regulation. They are not required to obtain local review or approvals for changes to this tower. Cit�y of'Arden Hills City Council Meeting for February 22, 2010 C: IDocuments ancl Settingslbecky.brnzyslLocal Settingsl Temporary Internet FileslOLKI SFI02-22-10 - Regulccr Meeting - Memo - Reiling Tower CUP Amenc�.cloc Page 5 of 8 The proposed Zoning Code changes would not impact either of these towers. The Arden Tower v�ill continue to be governed by its existing CUP that already allows flexibility on that tower. The Mn/DOT tower will continue to be exempt from local regulations. Findin�s of Fact The Planning Commission offers the following sixteen findings of fact for review: 1. The property is 2.76 acres and is zoned I-1: Limited Industrial District. 2. The antenna tower was constructed in 1972 in planning case 72-024. 3. The antenna tower is 240 feet tall. 4. The existing conditional use permit provides for seven dish antennas at specific heights as noted in the CUP. 5. Zoning Code changes after 1972 have the tower a legal, non-conforming structure because it is the primary use on the site and exceeds the 75 foot height limit. 6. The antenna tower has 29 antennas as listed in the structural analysis report provided in the January 27, 2010, Ulteig report. 7. The current configuration of 29 antennas exceeds the number of antennas approved in the 1972 Conditional Use Permit. On the Zoning Code Amendment: 8. The proposed Zoning Code amendment would support the City's goal of reducing the potential need for additional antennas in the City. 9. The proposed Zoning Code amendment does not conflict with the 2030 Comprehensive Plan. On the Conditional Z�se Pe�mit Evaluation C�iteria: 10. The proposed plan would not have any impact on traffic or parking conditions. 11. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 12. The proposed plan will not impact drainage. 13. The proposed plan will not impact population density. 14. The proposed plan is not expected to increase the visual impact since the tower is already in place and the additional antennas would add minimal bulk to the structure. Additional antennas or changing antenna locations should not impact the surrounding property values. 15. Park dedications are not applicable. 16. The proposed CUP amendment does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. City of Arden Hills City Council Meeting for February 22, 2010 C.•IDocuments an� Settingslbecky.brazyslLocal SettingslTemporc�ry Internet FilesIOLK15F102-22-10 - Regulccr Meeting - Memo - Reiling Tower CUP Anaen�l.doc Page 6 of S Recommendation The Planning Commission reviewed Planning Case 09-023 on February 3, 2010 and unanimously recommends approval (6-0) based on the findings of fact and the submitted plans as amended by the following seven conditions: 1. Within 45 days of approval of this permit, all antennas not in active use shall be removed from the tower. 2. Within 45 days of approval the applicant shall submit after-the-fact building permits, supporting information, and fees as required by the Building Official for any antennas without valid permits issued by the City. 3. A Conditional Use Permit shall be drafted by the City Attorney and signed by the applicant. 4. Permits for relocating or adding new antennas or equipment shall not be approved by the City until conditions one, two, and three are completed to the satisfaction of the city. 5. Replacing, adding, or relocating antennas and equipment on the tower shall require a building permit and structural review by an engineer selected by the City. The applicant shall be responsible for all costs related to the review. The request shall conform to all other City regulations in place at the time of the request unless otherwise provided for in the CUP amendment. All other federal and state regulations shall apply. 6. The applicant shall correct, promptly upon written request by the City, any documented interference caused by equipment on the tower. 7. The applicant shall inform the tenants in writing of all City requirements, the conditions of the CUP amendment, and the process for replacing, adding, or relocating antennas and equipment on the tower. Requested Action Motion to Approve Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the seven conditions in the February 22, 2010, planning case report. Motion to Approve Publishing a Summary of Ordinance 2010-002 The ordinance changes require a 3/5 vote and the publication summaries require a 4/5 vote. City ofArden Hills City Council Meeting fo� February 22, 2010 C.• IDocuments anc� Settingslbecky.brazyslLocal Settingsl Temporary Internet FileslOLKl SFI02-22-10 - Regular Meeting - Memo - Reiling Tower CUP Amend.doc Page 7 of 8 Deadline for A�enc_y Actions The City of Arden Hills received the completed application for this request on January 28, 2010. Pursuant to Minnesota State Statute, the City must act on this request by March 28, 2009 (60 days), unless the city provides the petitioner with written reasons for an additiona160 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Attachments A. Planning Commission Minutes from February 3, 2010 B. Conditional Use Permit Amendment C. Section 1325.09 — Black-lined version D. Ordinance 2010-002 and Publication Summary E. February 3, 2010, Report to the Planning Commission City of Arden Hills City Council Meeting for February 22, 2010 C: IDocuments antl Settingslbecky.UrazyslLocal SettingslTemporary Internet FilesIOLKISF102-22-10 - Regular Meeting - Memo - Reiling Tower CUP Amenc�.c�oc Page 8 of 8 ac r�r�en . ra e rua 2010 annln � � . . . o�r�r�r�lsslon Inu es February 22, 2010, City Council Meeting Draft February 3, 2410, Planning Commission Minutes C. Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Reiling — Public Hearing �. City Planner Beekman reported that the applicant is requesting a Zoning Code amendment to allow additional antennas t be placed on existing non-conforming towers and to allow new antennas at a height greater than 75 feet. The applicant is also requesting a Conditional Use Permit (CUP) Amendment to Planning Case 72-024 for the tower at 1296 County Road F to allow additional antennas, if structurally feasible, to be located on the tower without the need for additional CUP Amendments. The CUP amendment is contingent upon approval of the Zoning Code amendment. She then provided background information and said the Planning Commission must make a finding as to whether or not the proposed zoning code amendment meets the goals of the City and if the CUP is in conformance with the zoning code. Staff offers the following sixteen findings for . consideratlon: General Findings: 1. The property is 2.76 acres and is zoned I-1: Limited Industrial District. 2. The antenna tower was constructed in 1972 though Planning Case #72-024. 3. The antenna tower is 40 feet tall. 4. The existing conditional use permit provides for seven dish antennas at specific heights as noted in the CUP. 5. Zoning Code changes after 1972 have made the tower a legal, non-conforming structure because it is the primary use on the site and exceeds the 75 foot height limit. 6. The antenna tower has 29 antennas as listed in the structural analysis report provided in the January 27, 2010, Ulteig report. 7. The current configuration of 29 antennas exceeds the number of antennas approved in the 1972 Conditional Use Permit. On the Zoning Code Amendment: 8. The proposed Zoning Code amendment would support the City's goal of reducing the potential need for additional antennas in the City. 9. The proposed Zoning Code amendment does not conflict with the 2030 Comprehensive Plan. On the Conditional Use Pe�mit Evaluation Criteria: 10. The proposed plan would not have any impact on traffic or parking . conditlons. 1 l. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, IlC1U1C�., or solid waste, and other nuisance characteristics. 12. The proposed plan will not impact drainage. 13. The proposed plan will not impact population density. 14. The proposed plan is not expected to increase the visual impact since the tower is already in place and the additional antennas would add minimal bulk to the structure. Additional antennas or changing antenna locations should not impact the surrounding property values. 15. Park dedications are not applicable. 16. The proposed CUP amendment does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the . clty. City Planner Beekman stated if the Planning Commission recommends approval of Planning Case 09-023, Staff recommends including the following seven conditions: l. Within 45 days of approval of this permit, all antennas not in active use shall be removed from the tower. 2. Within 45 days of approval the applicant shall submit after-the-fact building permits, supporting information, and fees as required by the Building Official for any antennas without valid permits issued by the City. 3. A Conditional Use Permit shall be drafted by the City Attorney and signed by the applicant. 4. Pe�its for relocating or adding new antennas or equipment shall be approved by the City until conditions one, two, and three are completed to the satisfaction of the City. 5. Replacing, adding, or relocating antennas and equipment on the tower shall require a building permit and structural review by an engineer selected by the City. The applicant shall be responsible for all costs related to the review. The request shall conform to all other City regulations in place at the time of the request unless otherwise provided for in the CUP amendment. All other federal and state regulations shall apply. 6. The applicant shall correct, promptly upon written request by the City, any documented interference caused by equipment on the tower. 7. The applicant shall inform the tenants in writing of all City requirements, the conditions of the CUP amendment, and the process for replacing, adding, or relocating antennas and equipment on the tower. Chair Larson opened the floor to Commission questions. Chair Larson asked if the original CUP was approved for a specified number of towers. City Planner Beekman explained that at the time of the original approval there were seven dish antennas on the property and the approval included these antennas but did not have any provisions for adding or relocating antennas in the future. She clarified if this request were approved any change on the tower would require a building permit and administrative review but a CUP amendment for changes would not be required. Commissioner Modesette asked if the building were structurally sound. Mr. Mike O'Rourke, from U.S. Bank, representing the Reiling Estate, stated the tower is physically and structurally in good shape. Chair Larson opened the public hearing at 8:35 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. There being no public input, Chair Larson closed the public hearing at 8:36 p.m. Chair Larson clarified that this approval would open up additional space for antennas to be placed on this existing tower and prevent the need for additional towers elsewhere in the City. Commissioner Holewa moved, seconded b_y Commissioner Zimmerman to recommend approval of Plannin� Case 09-023, for a Zonin� Code Amendment and a Conditional Use Permit Amendment at 1296 Count_y Road F based on the �ndin�s of fact and the submitted plans as amended b_y the seven conditions in the Februar_y 3, 2010, plannin� case report. The motion carried unanimousl_y (6-0). ac men .. . on 11ona s e er�nl men r�r�en February 22, 2010, City Council Meeting STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS CONDITIONAL USE PERMIT CASE NO. 09-02 3 1.0 Recitals. A. US Bank, National Association, as personal representative of the estate of George J. Reiling ("US Bank") is the record owner of the following described property ("Property") located in the City of Arden Hills, Minnesota. That part of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (NW 1/4 of NW 1/4 of NE 1/4) of Section 27, Township 30, Range 23, described as follows: Starting at the Northwest corner of the Northeast Quarter (NE 1/4) of Section 27; thence East on the North line thereof four hundred and six (406) feet to the place of beginning; thence East 208.75 feet along the North line of Section 27; thence South along a line which is parallel to and distant 614.75 feet Easterly of the West line of said Northeast Quarter (NE 1/4) to the North right-of-way line of Interstate Highway #694; thence Northwesterly along the North right-of-way line of Interstate Highway #694 to a point thereon which is located four hundred and six (406) feet Easterly of the West line of said Northeast Quarter (NE 1/4); thence North a line parallel to and distant four hundred and six (406) feet Easterly of the West line of said Northeast Quarter (NE 1/4) to the point of beginning. B. The Property is subject to the restrictions contained in that certain Conditional Use Permit dated September 11, 1972 and contained in Arden Hllls Planning Case No. 72-24 ("Original CUP"). C. On the 28th day of January, US Bank submitted a completed application for a Conditional Use Permit which would apply to a portion of the Property. 2.0 Planning Commission Review. At a public hearing on February 3, 2010, the Arden Hills Planning Commission reviewed the reports and comments of the Arden Hills staff and consultants; the reports and comments of US Bank; public comments and recommended approval of the CUP Amendment subject to various conditions. 3.0 Cit�uncil Review. On the 22nd day of February, 2010, the Arden Hills City Council reviewed the reports, comments and recommendations of the Arden Hills Planning staff and consultants, the reports and comments of US Bank, the recommendations of the Arden Hills Planning Commission, and determined that the proposed CUP: A. Will not have an adverse impact on traffic or parking conditions. B. Will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste and other nuisance characteristics. C. Will not impact drainage. D. Will not impact population density. E. It is not expected to increase the visual impact in the area since the tower is already in place and the additional antennas would add minimal bulk to the structure. Additional antennas or changing antenna location should not impact the surrounding propertyvalues. F. Does not conflict with the general purpose and intent of the zoning code or the Comprehensive Development Plan for the City. G. Will not adversely affect the health, safety, convenience and general welfare of the owners and occupants of surrounding properties and the community as a whole. 4.0 Cit� Council A��roval. The Arden Hills City Council approved the proposed CUP, subj ect to the following conditions: A. Within forty-five (45) days of approval of the permit, all antennas not in active _use shall be removed from the tower. B. Within forty-five (45) days of the approval of this Conditional Use Permit, US Bank shall submit after-the-fact building permits, supporting information, and fees as required by the building official for any antennas without valid permits issued bythe City. C. Permits for relocating or for adding new antennas or equipment shall not be approved by the City until conditions A and B are completed to the satisfaction of the City. D. Replacing, adding or relocating antennas and equipment on the tower shall require a building permit and structural review by an engineer selected by the City. US Bank shall be responsible for all cost related to the review. The request shall conform to all other City regulations in place at the tirne of the request, unless otherwise provided for in the Conditional Use Permit. All other federal and state regulations shall apply. 2 E. US Bank shall correct, promptly upon written request by the City, any documented interference caused by equipment on the tower. F. The applicant shall inform tower tenants in writing of all City requirements, the conditions of thls Conditional Use Permit, and the process for replacing, adding or relocating the antennas and equipment on the tower. 5.0 Com�liance. US Bank, its successors and assigns, hereby agree to comply with the conditions of this Conditional Use Permit. 6.0 Existing Conditional Use Permit. Upon approval of this Conditional Use Permit, the Original CUP is hereby rescinded. 3 CITY OF ARDEN HILLS, a Minnesota statutory city Datede ATTEST: Stanley, D Harpstead, MAYOR Susan iverson, Interim City Administrator STATE OF MINNESOTA COUNTY OF ) ) ss. ) On this day of , 2010, before me, a notary public within and for said county, personally appeared Stanley Harpstead and Sue Iverson, to me known to be respectively the Mayor and Interim City Adminlstrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public 4 US BANK, NATIONAL ASSOCIATION, a Representative of the Estate George j. Reiling By: Printed Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2010, before me, a notary public within and for said county, personally , the of US Bank, National Association, a Representative of the Estate of George Reiling and he/they executed the foregoing instrument and acknowledged that he/she/they executed the same on behalf of said corporation. Notary Public This Instrument Was Drafted Bv: � jerome P. Filla Peterson, Fram & Bergman, PA 55 East Fifth Street, Suite 800 St. Paul, MN 55101 F:\users\jessica\Jerry\Arden Hills\CUP-Arden Village-v5.doc 5 ac �r�en . . . ec lon 1 2.o — ac - Ine ver 1 n so February 22, 2010, City Council Meeting Planning Case 09-023 - DRAFT ,-____,..�_.�.� __..�..�..�___,. __. 1325.09 Antennas, Dish Antennas and Towers. (Revised �.�%�.�,�,� �� .. - - - �� Deleted: osiosio9 : . ...... ................................................................................................. �.�.�..:_......__..__...�_..._.�.._..�._�.....�...�..__ ; Subd. 5 �:.�:��.��-�_�' �,�€3��,� ��.��:�-�r��.��:��:� ":�'��.�. ��.�.�� -� rs��i�:i��j �r t�� i�z�� .��.��.� t�� ..��. �i ��: �� 1.��1. ��.m�;��€�r��r�=� ��-�;�:� �:�� .�� :�� '�;��,�� ?�, �� o ��.�� r��i �� .��.� �.� �� .�� : �. ��--�.��:i�� :��>�;�i��.b�� _�; ��€�ss��:s�� .�� .�; :��.��;��.�. �<� �:��:�f� ��.� ��<�.�.�:��.� ��; ��.�.��.��. ��:�.��:�.�.��.��.� �.� ��_i.�� % ��.� �;.i.��. �`��.� ...........................................................................�............. ,�.................................................................................................................................................................................................�...............................�............................ ��-i��1. �� r��:�t ��.�r��.��,.b ��i ��.�F��6. ��IA t�� • ��o �..��. �€h��° ��1: �9 �� 1�� s�a�� -��. .._..�{ Deleted: � � � ....................................................................................................................................................................... � '� Inserted: ¶ �^ ; �...�_..._.�..�_.�.� ��a � Height. The height of an antenna or tower shall be measured from the ground at�- -�--_.. .. _�� = ��==�� -------.._."..�...�".. l __ �.Formatted: Bullets and Numbering � ; the base of the antenna, tower, or other structure that the antenna is attached to, to the liighest point of the antenna or tower. ��:�� f�r �r��.� �,�� _ ��.� �� ::�� -�.1:�� -�� .�d t�°��.��.��i�� -�r� �� .�� ri�r �� '��°��.r�- ��, ��"1�� t�o 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. Section 1325 — General Regulations Page 1 of 1 ac men . . . r lnance 2 � 10 - O � 2 an u lca lon u�r�nr�a February 22, 2010, City Council Meeting Ordinance 2010-002 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2010-002 AN ORDINANCE AMENDING REGULATIONS FOR EXISTING COMMUNICATIONS TOWERS The Arden Hills City Council hereby ordains that Chapter 13, Section 1325.09 Subd 5 and Subd 6 are hereby amended in the Arden Hills City Code to read as follows: Subd. 5 Expansion of Legal, Non-conforming Towers. Adding, relocating, or replacing antennas or equipment on legal, non-conforming towers that were in place prior to February 22, 2010, shall not be considered an expansion of a non- conforming use provided the tower has the structural capacity to handle the additional antennas as determined by the City. This provision does not permit increasing the height of the tower structure. All other city, state, and regulations shall apply. Subd. 6 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. Except for antennas and equipment on City water towers and freestanding towers in place prior to February 22, 2010, 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. Ordinance 2010-002 Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 22nd day of February, 2010 S TANLEY D. H1��RP S TEAD, MAYOR ATTEST: SUSAN NERSON ACTING CITY ADMINISTRATOR Publication Date: March 3, 2010 CITY OF ARDEN HILLS COUNTY OF RAMSEY � STATE OF MINNESOTA SUMMARY OF ORDINANCE NU. 2010-002 On the 22nd day of February 22, the Arden Hills City Council adopted Ordinance No. 2010-002, and by at least four/fifths affirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of Ordinance 2010-002 be published. Chapter 13, Section 1325.09 Subd 5 and Subd 6 are collectively known as Ordinance 2010-002 entitled "Regulations for Existing Communications Towers." The primary purpose of these Zoning Code amendments are to allow for additional antennas to be placed on existing communications towers and at a height that exceeds 75 feet. A full copy of Ordinance 2010-002 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highvvay 96, Arden Hills, Minnesota SS 112. The Ordinance is also available online at http://v�►�vvw.ci.arden- hills.mn.us. ac r�r�en . . . e or o e annln or�r�misslon ror�r� une 2 0 0 . � Available online at: ��:�.m.�.,��:�.�Y��a��e��y�:��-�h��1�d��:�� b:��:��a��:�.c°�:��.�� .............. ... ..... ........... ....................... ..... ..... February 22, 2010, City Council Meeting