HomeMy WebLinkAbout1C, PC 09-023 - George J. Reiling Estate Conditional Use Permit HILLS
MEMORANDUM
DATE: March 15, 2010 Item 1.0
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
Requested Action
Staff requests direction on how to proceed with the Reiling Tower code amendment request.
BackLyround
On February 22, 2010, the City Council reviewed an application by U.S. Bank, on behalf of the
George J. Reiling Estate, for a Zoning Code Amendment and Conditional use Permit (CUP)
Amendment as they relate to the existing 240 foot communications tower and associated
antennas located at 1296 County Road F, hereafter referred to as the Reiling Tower. At that time
the City Council voted to table the item to a work session in order to more thoroughly discuss the
ramifications of the Zoning Code Amendment and its impacts on other nonconforming uses
within the City.
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 tower 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:
City of Arden Hills
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1. The applicant could request a variance, but would need to demonstrate a hardship as
required under State Statutes; or, --
2. The applicant could request a Zoning Code amendment to either:
a. 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; or,
b. Change the code so the existing towers are conforming structures
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 CUP amendment to allow the additional antennas and the
relocation of antennas on the tower. Approval of the CUP is contingent on an amendment to the
Zoning Code.
Discussion
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:
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 of Arden Hills
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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
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.
Zoning Code Amendment Alternatives (Attachment A)
The applicant has requested that the City allow additional antennas on what is currently a
nonconforming tower. In essence this would make adding new antennas to any existing towers
or structures that are nonconforming not considered an expansion of a nonconforming use. This
would only impact existing towers in the City that are nonconforming. This would not change
the status of any other nonconforming uses or structures.
An alternative method of achieving a similar result would be to make the existing towers
conforming to the Zoning Code. This concept has not previously been discussed but is a viable
option. The Zoning Code could be amended to state that towers existing prior to a specific date
are considered to be in conformance with the City Code. The Zoning Code amendment could
further state that towers existing prior to that date cannot be increased in height. With this new
concept, the antennas would no longer be nonconforming and could be expanded with additional
antennas, provided the other requirements in the Zoning Code can be met. An example of what
this language might be is included in Attachment A. The City would then not be altering in any
way how it treats expansions of nonconforming uses. In practice, this Zoning Code change
would only impact the Reiling Tower and the Arden Tower. However, the Arden Tower already
operates under a conditional use permit, and that permit would not be changed with this Zoning -
Code change.
Council Direction
City of Arden Hills
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Staff would like direction on how to proceed with this zoning amendment. Additionally, Staff
would like to know if there are any other questions or concerns that the City Council has
regarding this planning case.
Deadline for ALYency Actions
The City of Arden Hills received the completed application for this request on January 28, 2010.
Pursuant to Minnesota State Statute, the City extended the review period an additional 60 days.
The City must act on this request by May 27, 2010, unless the applicant consents to an extension.
Attachments
Section 1325.09, Antennas and Towers—With optional amendment
City of Arden Hills
City Council Meeting for March 15, 2010
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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.
A. •.N'ew—wAntennas, 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.
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Antennas, dish antennas, and towers located on property owned
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by the City of Arden Hills shall not require a conditional use.permit
and shall not be subject to the height regulations in Subd. 5, Height,
of this section.(Revised 02122110)
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 Y ye����antenna or tower shall exceed a height of seventy-five
u g Y
(75) feet.
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G.}: r y q 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 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.
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.
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 ad j acent 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 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.