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Home My WebLink About7D, Ordinance 2010-003€ , , , i5 5 � S � . J �.� EN HILLS f f ; . . s Re uest for Counc�l Act�on = q : ; , � _ � , � . ......... ......................... ......... ......................... ......... ...._.... ......... ......... .�.._.� � . . . ......... ......... ......... .......£ ................ .......................................................... .... ..... ......... ......... ......... ......................... ......... ...........................�_.. _....................._ ; £ Prepared By: Meagan Beekman, City Planner � Council Meeting Date: February 22, 2010 , � , � Approve Ordinance 2010-003 in Planning Case 10-003 to amend Section 1325.09 Subd 4 of the Zoning Code regarding the placement of antennas on City owned property as presented in the February 22, 2010, report to the City Council. Budgeted Amount: Actual Amount: Funding Source: $0.00 $0.00 NA Recommendation: 1. Approve Ordinance 2010-003 in Planning Case 10-003 to amend Section 1325.09 Subd 4 of the Zoning Code regarding the placement of antennas on City owned property as presented in the February 22, 2010, report to the City Council. Supporting Documents: 1. February 22, 2010, Report to the City Council 2. Draft February 3, 2010, Planning Commission Minutes 3. Ordinance 2010-003 4. February 3, 2010, Report to the Planning Commission � �� J�i..�1� � MEMORANDUM DATE: February 22, 2010 TO: City Council FROM; Meagan Beekman, City Planner SUBJECT: Planning Case #10-003 Zoning Code Amendment Antennas and Water Towers City of Arden Hills Back�round As cellular and mobile internet telecommunications have become more popular, cities throughout the country are experiencing an increase in requests for new antenna towers and sites. Under federal regulations, cities must accommodate telecommunication needs (�� _:/,��-��.�s�.�`�;�.�e�c��/�i��.�:� �c��;��1.-��- c�v.�.��nl . However, cities retain local land use authority and can regulate location and visual impact to protect the public health, safety, and general welfare. In August 2009, the City adopted a zoning code update to set a priority list for the placement of new antennas (Section 1325.09 Subd 6). One of the primary goals of that update was to encourage the grouping of antennas to help minimize the construction of new towers and minimize the visual impact. The zoning code update stated that 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. If a 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. City �f Arden Hills City Council Meeting for Februury 22, 2010 \�Nletro-inet.us�ardenhills�Planning�Planning Cases�2010�10-003 Loning Code Amendment - Antennas on Wuter Towers (PC Approved)\02-22- 10 - Regular Meeting - PC 10-003 - Memo.doc Page 1 of 3 The priority list and evaluation criteria in the Zoning Code help the City fairly evaluate requests while working to minimize the potential impacts and protect the public. Discussion Despite the priority list requiring applicants to consider the City's water towers first, the Code does not really encourage the use of the City water towers. New antenna requests are required to come before the Planning Commission and City Council for a Conditional Use Permit (CUP) in order to place antennas on a water tower, which adds time and expense. Since the Zoning Code requires the same process for placing an antenna on an existing water tower or constructing a new tower for an antenna, there is less incentive to consider the water towers. To address this issue, Staff proposes to eliminate the CUP requirement for placing antennas on City owned structures, which includes the water towers. In place of the CUP, the antenna request would be subject to an administrative and City Council review. The administrative review for proposed antennas on City owned structures would require the following: • An independent structural engineering review to determine if the structure can accommodate the additional antennas; • For water tower sites, the regulations in Section 1325.09 Subd 8 would continue to apply; and, • A building permit. The applicant would come before the City Council for approval of a lease agreement, but a public hearing and Planning Commission review would not be required. The lease agreement would 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 water 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 need for antenna sites in the City. Staff reviewed a number of other communities' zoning ordinances as they pertain to antennas located on city owned sites as well as consulted with the City Attorney. Staff was unable to find another community that required a Conditional Use Permit for city owned sites that had been designated as a suitable location for antennas. However, 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 non- city owned structure, a CUP and public hearing would still be required. The CUP process for new antennas and towers in other communities is common because each request can be unique due to the location, size, potential impacts, and other variables. City of Arden Hills City Council Meeting for Februury 22, 2010 \�Nletro-inet.us�irdenhills�Planning�l'lanning Cases�2010�10-003 Zoning Code Amendment - Antennas orc Water Towers (PC Approved)\02-22- 10 - Regular Meeting - PC 10-003 - Memo.doc Page 2 of 3 At their December 21, 2010, work session, the City Council discussed the idea of removing the conditional use permit requirement for City owned structures and directed staff to prepare this zoning code amendment. Recommendation The Planning Commission reviewed this application and held a public hearing at their February 3, 2010, meeting. The Planning Commission unanimously recommended approval (6-0) of the proposed changes. Rec�u= Approve Ordinance 2010-003 in Planning Case 10-003 to amend Section 1325.09 Subd 4 of the Zoning Code regarding the placement of antennas on City owned property as presented in the February 22, 2010, report to the City Council. Attachments A. Draft February 3, 2010, Planning Commission Minutes B . Ordinance 2010-003 C. February 3, 2010, Report to the Planning Commission City of Arden Hills City Council Meeting fvr Februury 22, 2010 \�1Vletro-inet.us�ccrdenhills�l'lanning�,Planning Cases�2010�10-003 Zoning Code Amendment - Antennas on Wuter Towers (PC Approved)\02-22- 10 - Regular Meeting - PC 10-003 - Memo.doc Page 3 of 3 ac r�r�en . ra e rua 201� annln � � • • s omr�r�lsslon lnu es __ .�� _ _ _ __ ' EN HILLS February 22, 2010, City Council Meeting Draft February 3, 2010, Planning Commission Minutes E. Planning Case 10-003; Zoning Code Amendment Regarding Antennas on City Water Towers; City of Arden Hills — Public Hearing City Planner Beekman reported this planning case is for consideration to amend Section 1325.09, Subd. 4 of the City's Zoning Code to remove the conditional use permit process for placing antennas on City owned structures. She then provided background information and said in place of the CUP, the antenna request would be subj ect to an administrative and City Council review. Chair Larson opened the floor to Commission questions. Commissioner Zimmerman asked who would be responsible for the cost of the independent structural review. City Planner Beekman clarified that the process in the past has been for the City to identify a consultant and that consultant would bill the applicant for their . servlces. Chair Larson opened the public hearing at 8:44 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 8:45 p.m. Commissioner Zimmerman moved, seconded b_y Commissioner Holewa to , recommend_a�proval of Plannin� Case 10-003 to amend Section 1325.09, Subd. 4 to exclude antennas placed n Cityo uwned towers from the Conditional Use Permit process as presented in the Februar_y 3, 2010 � Planning Case Report. The motion carried unanimousl_y (6-0). ac men . r lnance 2 O 1 O- O o ��. _ _ _ _ ____ EN HILLS February 22, 2010, City Council Meeting Ordinance 2010-003 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2010-003 AN ORDINANCE AMENDING REGULATIONS FOR THE PLACEMENT UF ANTENNAS ON CITY O�VNED PROPERTY The Arden Hills City Council hereby ordains that Chapter 13, Section 1325.09 Subd 4 is hereby amended in the Arden Hills City Code to read as follows: Subd. 4 Conditional Use Permit. 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. Antennas, dish antennas, and towers located on property owned by the City of Arden Hills shall not require a conditional use permit and shall not be subj ect to the height regulations in Subd. 5, Height, of this section. 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. HARP S TEAD, MAYOR ATTEST: SUSAN NERSON ACTING CITY ADMINISTRATOR Publication Date: March 3, 2010 ac men e rua 2010 e or o e � � . . . annln or�r�misslon .�� __ _ _ . EN HILLS February 22, 2010, City Council Meeting