HomeMy WebLinkAbout7C, Ordinance 2010-002 & Planning Case 09-023 - 1296 County Road F__ _
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EN HILLS
Re uest for Council Action
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Prepared By: Meagan Beekman, City Planner Council Meeting Date: Apri126, 2010
Ordinance 2010-002 and Planning Case 09-023 for a Zoning Code Amendment and a
Conditional Use Permit Amendment at 1296 County Road F
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
1. 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 April 26, 2010, planning case report, and Approve Publishing a
Summary of Ordinance 2010-002
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Supportin� Documents:
1. April 26, 2010, Report to the City Council
2. Draft April 7, 2010, Planning Commission Minutes
3. Conditional Use Permit Amendment
4. Section 1325.09 — Black-lined version
5. Ordinance 2010-002 and Publication Summary
6. April 7, 2010, Report to the Planning Commission
EN HILL
S
MEMORANDUM
DATE: Apri126, 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
This application was first reviewed by the Planning Commission at the February 3, 2010,
meeting. At that time the applicant was requesting a zoning code change that would allow
additional antennas on nonconforming communications towers. The Planning Commission
made a recommendation of approval to the City Council. At their February 22, 2010, meeting
the City Council voted to table the application and expressed concerns over the number of
antennas that would be permitted on the tower and the proposed amendment to the zoning code.
At their March 15 work session the City Council directed Staff to work with the applicant on a
CUP Amendment that would limit the number of antennas on the tower to the number of
antennas currently in operation and alter the zoning code amendment language to make existing
towers in the City conforming conditional uses. The initial application requested that the Zoning
Code be amended to allow additional antennas to be placed on nonconforming towers; however,
the towers themselves would have remained nonconforming. Because the zoning language that
is now proposed is different that the language presented to the Planning Commission at the
public hearing, the City Attorney recommended that the application go back to the Planning
Commission for a public hearing and review.
Verizon replaced three of their antennas with new ones in the fall of 2009. As part of the work
done on the tower at that time they also removed six of the large dish antennas; however, it had
been Staff s understanding that there were eight to nine additional antennas that were not in use.
Previously Staff had been told that only 21 of the 3 0 remaining antennas located on the tower
were being used and that the remaining antennas had been abandoned.
City of A�den Hills
City Council Meeting fo� April 26, 2010
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Since the March 15 City Council work session Staff has had discussions with the property
owner, the service providers that are using the tower, and Ulteig Engineering who conducted the
structural analysis of the tower for the City (Attachment E). Through these discussions Staff has
been able to clarify the number of antennas on the tower and how many of these are currently
operational. According to Ulteig Engineering there are currently 3 0 antennas on the tower.
Through discussions with the service providers who are on the tower Staff learned that all of the
antennas are currently being used; three antennas are owned and managed by American
Messaging, 15 antennas belong to Verizon Wireless, and eleven of the antennas are owned by
Nextera. The final antenna that is located on the tower is a relay antenna that is used as an
intermediary to remotely gather data about the other antennas that are on the tower.
Discussion
There are two parts to the Zoning Code amendment request (Attachment C and D). The first part
would make communications towers that were in existence prior to the effective date of the
zoning arnendment conditional uses, thus allowing them as the primary use on the property on
which they are located. The second part would allow antennas to be located on these existing
communications towers up to the height of the existing tower, and exempt them from setback
regulations. If approved, the combined effect of the amendment requests would allow additional
antennas on communications towers that exceed the height of 75 feet, and were in existence prior
to the adoption of this amendment, up to the limit of the CUP under which each tower operates.
This would make the existing tower a conforming structure. These provisions would not apply
to requests for new towers.
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
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.
(htt�://wireless.fcc. �ov/sitin�/local-state-gov.html)
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City of Arden Hills
City Council Meeting fo� April 26, 2010
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City Zoning Regulations
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
wireless services. While some older technologies are
high-speed services are requiring additional antennas.
demand from wireless internet and cellular services.
Conditional Use Pe�mitAmendment Request
increase with the growing demand for
consolidating antenna sites, the newer
It is reasonable to expect increasing
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, up to the existing 3 0 antennas that
currently exist on the tower (Attachment D). Any change to equipment on the tower would
require a building permit and administration review, but a CUP amendment for changes would
not be required. If the owners wanted to place additional antennas beyond the existing 3 0 a CUP
Amendment would be required.
In addition to allowing the current configuration of the tower to remain, this CUP amendment
makes it possible for future users to apply to add additional antennas onto the tower. The result
would be in keeping with the goal of the Zoning Code to reduce the demand for future new
towers in the City. While requiring a CUP is not the typical process in other communities,
including Shoreview, Roseville, and Minnetonka, which allow additional antennas to be added to
existing towers without a CUP, it opens up the possibility to allow additional antennas on
existing towers. This is not currently permitted under the Code.
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
City of A�den Hills
City Council Meeting for April 26, 2010
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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 E). In summary, the Ulteig report states that the
Reiling Tower is in good condition and has been properly maintained.
The report indicates that there are 3 0 antennas on the tower (the diplexers are support equipment
used by the 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; however, if this planning case is
approved Clear Wireless has moved forward with an application to add additional antennas to the
tower, which would require another CUP Amendment.
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.
The proposed Zoning Code changes would impact the Arden Tower, which would now be
considered a conforming use; however, it would continue to be governed by its existing CUP that
allows for the relocation and replacement of up to 31 antennas. 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. �'he 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 made the tower a legal, non-conforming structure
because it is the primary use on the site and exceeds the 75 foot height limit.
City of Ar�den Hills
City Council Meeting for Ap�il 26, 2010
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6. The antenna tower has 3 0 antennas as listed in the structural analysis report provided in
the January 27, 2010, Ulteig report.
7. The current configuration of 3 0 antennas exceeds the number of antennas approved in the
1972 Conditional Use Permit.
On the Zoning Code Amendment:
8 e 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 Permit Evaluation C�ite�ia:
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.
1 S. 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.
Recommendation
The Planning Commission reviewed Planning Case 09-023 on April 7, 2010 and unanimously
recommends approval (7-0) based on the findings of fact and the submitted plans as amended by
the following seven conditions:
l. Within 45 days of approval the applicant shall submit after-the-fact building permits,
supporting information, and fees as required by the Building 4fficial for any antennas
without valid permits issued by the City.
2. A Conditional Use Permit shall be drafted by the City Attorney and signed by the
.
app icant.
3. Permits for relocating or adding new antennas or equipment shall not be approved by
the City until conditions one and two are completed to the satisfaction of the City.
4. The tower shall be permitted to have up to 3 0 antennas. Placing additional antennas
on the tower shall require a CUP Amendment.
5. Replacing 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
City of �4rden Hills
Caty Council Meeting for Apral 26, 2010
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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 April 26,
2010, planning case report, and Approve Publishing a Summary of Ordinance 2010-002
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, ". .. it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
The findings of fact in this planning case report support approval of the request. If the City
Council chooses to deny the variance, findings that support this motion must be stated for the
record prior to voting on the motion.
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 extended the review timeline an additiona160 days.
The City must act on this request by May 27, 2010 (120 days), unless the applicant consents to
extend the review period beyond the initial 120 days.
Attachments
A. April 7, 2010, Planning Commission Minutes
B. Conditional Use Permit Amendment
C. Section 1325.09 — Black-lined version
D. Ordinance 2010-002 and Publication Summary
E. April 7, 2010, Report to the Planning Commission
http://v��►uw. ci. ardenhills. mn.us/�lannin�case
City of Arden Hills
City Council Meeting for Ap�il 26, 2010
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The Planning Commission unanimously (�-o) recommended
approval for Planning Case o9-023 at their April �, 2010,
meeting.
Apri126, 2010, City Council Meeting
DF�AFT April 7, 2010, Planning Commission Meeting Minutes
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 stated the applicant is requesting a Zoning Code amendment to
make existing non-conforming communications towers conforming so that additional
antenrias, at a height greater that 75-feet, may be placed on them. 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 up to 21 antennas to be located, replaced, or
relocated on the tower without the need for additional CUP Amendments. The CUP
amendment is contingent upon approval of the Zoning Code amendment. She provided
background information and stated 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 conditional use permit is in conformance with the zoning code. Staff offers the
following sixteen findings for consideration:
Gene�al Findings:
1. The property is 2.76 acres and is zones 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 made the tower a legal, non-
conforming structure because it is the primary use of the site and exceeds
the 75-foot height limit.
6. The antenna tower has 3 0 antennas as listed in the structural analysis
report provided in the January 27, 2010, Ulteig report.
7. The current configuration of 3 0 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 203 0
Comprehensive Plan.
On the Conditional Zlse Pe�mit Evaluation Crite�ia:
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 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 the applicant shall submit after-the-fact
building permits, supporting information, and fees as required by the
Building Ofiicial for any antennas without valid permits issued by the
city.
2. A Conditional Use Permit shall be drafted by the City Attorney and signed
by the applicant.
3. I'ermits for relocating or adding new antennas or equipment shall not be
approved by the City until conditions one and two are completed to the
satisfaction of the City.
4. The tower shall be permitted to have up to 3 0 antennas. Placing additional
antennas on the tower shall require a CUP Amendment.
5. Replacing or relocating antennas and equipment on the tower shall require
a building permit and st�uctural 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 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 of the tower.
Chair Larson opened the floor to Commission questions.
Commissioner Zimmerman asked for clarification regarding the capacity of the tower.
City Planner Beekman stated the tower has 30 active antennas on it currently. The
structural analysis that was done included these thirty towers and the additional six
towers that are being proposed. This would put a total of 3 6 antennas on the tower and
total capacity of 97%.
Commissioner Zimmerman stated concerns about the number of antennas on the tower
and the safety of having so many on this tower. The structural analysis that was done did
not look at the footings in its analysis. The addition of these antennas would be a benefit
to the ovvner of the tower.
Commissioner Reiff pointed out the structural analysis states the tower would be able to
withstand a wind of ninety miles per hour.
Chair Larson added the tower would be able to support the additional weight of 1%2"
radial ice.
Commissioner Holewa asked for clarification on the process for adding additional
anterinas in the future if other antennas are removed.
City Planner Beekman stated the addition or replacement of any antennas would require a
building permit and this would require a structural analysis be done on the tower. There
may also be an electrical permit. The City's Building Official would do an on-site
inspection of the antennas.
Chair Larson opened the public hearing at 6:58 p.m.
Chair Larson invited anyone for or against the application to come forward and make
comment.
Mr. Steve Trueman, Clearwire Wireless, LLC, stated there had been eight antennas
removed from the tower. He explained that these antennas were larger than the ones
being proposed by Clearwire and weighed significantly more.
Chair Larson closed the public hearing at 7:04 p.m.
Commissioner Holewa moved, seconded b_v Commissioner Reiff 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 subrnitted plans as amended b_v the seven conditions in the April 7, 2010,
plannin� case report. The motion carried unanimousl_y (7-0).
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April 26, 2010, City Council Meeting
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
CONDITIONAL USE PERMIT
CASE NO. 09-023
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 improved with a telecommunications power ("Tower"� and is
subj ect to the restrictions contained in that certain Conditional Use Permit
dated September 11, 1972 as contained in Arden Hills Planning Case No. 72-
24 ("Original CUP").
C. On the 28th day of January, US Bank submitted a completed application for
an amendment to the Original CUP.
2.0 Initial 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 subj ect to various conditions.
3.0 Initial Citv Council Review. On the 22nd day of February, 2010, the Arden Hills City
Council extended the review period for sixty (60) days from March 29, 2010 to May
28, 2010.
4.0 Work Session. On the 15th day of March, the Arden Hills City Council conducted a
work session with City staff, the service providers who are currently using the
Tower, and the engineering firm who had conducted a structural analysis of the
Tower. Staff was directed to prepare revisions to the City's Tower Regulations and
to place this matter back on the Planning Commission Agenda for further review
and comment.
5.0 Final Planning Commission Review. On the 7th day of April, 2010, the Planning
Commission reviewed the changes which had been proposed for the Amended
Conditional Use Permit and the City's proposed changes to its Tower regulations.
The Arden Hills Planning Commission considered the comments of the Arden Hills
staff and consultants, the reports and comments of US Bank, the public comments
and recommended approval of the Amendment to the Original CUP, subj ect to
various conditions.
6.0 Final Citv Council Review. On the 26th day of April, 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, and the
recommendations of the Planning Commission. The Arden Hills City Council
adopted the findings which were made by the Arden Hills Planning Commission and
determined that the proposed Amendment to the Original 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 noi impaci 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 property values.
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.
7.0 Citv Council A��roval. The Arden Hills City Council approved the proposed
Amendment to the Original CUP, subject to the following conditions:
2
A. Within forty-five (45) days of approval of this Amendment to the Original
CUP, US Bank shall submit it after-the-fact building permits, supporting
information, and fees as required by the building official for any antennas
located on the Tower which were placed there without valid permits issued
by the City of Arden Hills.
B. Permits for relocating or for adding new antennas or equipment shall not be
approved by the City until condition A have been satisfied.
C. The Tower shall be allowed up to thirty (30) antennas. Placing additional
antennas on the Tower shall require a conditional use permit amendment.
D. Replacing or relocating antennas and equipment on the tower shall require a
building permit and structural review by an engineer selected by the City.
The owne� of the Property shall be responsible for all cost 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 this Amendment to the
Original CUP. All other federal and state regulations shall apply.
E. US Bank shall correct, promptly upon written request from the City, any
documented interference caused by the equipment on the Tower.
F. US Bank shall inform its Tower tenants in writing of all City requirements,
the conditions of this Amendment to the Original CUP, and the process for
replacing, adding or relocating the antennas and equipment on the Tower.
8.0 Compliance. US Bank, its successors and assigns, hereby agree to comply with the
conditions of this Amendment to the Original CUP.
9.0 Ori�inal CUP. Upon approval of this Amended Conditional Use Permit, the Original
CUP is hereby rescinded. The rescission of the Original CUP is acknowledged and
accepted by US Bank.
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CITY OF ARDEN HILLS,
a Minnesota statutory city
Dated:
ATTEST:
Stanley Harpstead, MAYOR
Susan iverson, Acting City Administrator
STATE 4F 1VIIN1�IESOTA )
) ss.
CDUNTY OF )
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 Administrator 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:
Peterson, Fram & Bergman, PA (JPF)
55 East Fifth Street, Suite 800
St. Paul, M N 5 5101
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April 26, 2010, City Council Meeting
1325.09 Antennas, Dish Antennas and Towers. (Revised 08/OS/09)
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 adj acent 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��� 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.
B. �`owers th�.t ��er� i�� existence �aric��- to A��•ii �� �U l Ci a�;e �.11o��ec�
�s co�.�.itio�.�.l u��� �.�d n�� ��� t..he �°�.�:nar � u�� c�� �: rc� ���:� . New
antenna� ma� be ad€�ed. to sa.id t�.��e��s su�b�e�t �o the Ii��it�.tior�� of the
con�it�on4�1 u�e errn�t fc�r e��ch to�rer.
C. 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 subject to the height regulations in Subd. 5, Height,
of this section. (Revised OZ/22/10)
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 ���e��r antenna or tower shall exceed a height of seventy-five
(75) feet.
�;, r_��'o�.��c:rs c��:�.�t���.ct��. :r�c�:r t� .�. r�:l �� ��� � ��-��.ch ��.���d t���
��ver�t -�ive �� �����t h�i ����..t li:��it� sh�.11 nc�t �� in�re��ed i�-�. ��i�:��.t.
1�T��� �.n�����as n��: . b� l�.�ed ��� s�.��. t����rs ��r�r�c�.��. t�h� �.���e��.s
�n�et the re�t��iemen�s o�' t�.� c��.c����or��.l us� �e���.�� �or 4�e �o���r
�.:n.d dc� �.�� ��c��ed. t�� ��i�:h.t c�f i:��.e ta�v�:r.
�I�, 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 iive (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:
l. 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. Wi�ih t�.� �x�e �iic��� ��` �.�tenn.�.s l�.ced c�� ic��.vers ��n�t�u��i�c�.
���io�• t�.� A���l �, 2C� 1 Q� a�ntennas, 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 adj oining 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 subj ect to City approval.
3. To the extent possible, the equipment building or cabinet
shall be located adj acent to or near existing on-site
buildings.
4. The equipment building or cabinet shall be screened from
view of adj acent properties by suitable vegetation, except
where non-vegetative screening (e. g., a decorative wall or
fencing) better reflects and complements the character of
the neighborhood.
5. The City shall require a suitable financial surety to ensure
future removal of the equipment building or cabinet upon
termination of the lease.
6. All applicants must include a signed report from a State
registered engineer showing compliance with all applicable
codes, standards and structural requirements of how the
additional antennas will affect the water tower structure. A
final inspection report from a State registered engineer
showing the work completed is in compliance with
previously approved plans shall also be required.
Subd.9 Requirements.
A. A building permit shall be required for all applications except
those as stated in Section 1325.09 Subd 1.A.
B. The City shall require the applicant to complete a radio
frequency interference study that is carried out by an independent
and qualified professional reasonably selected by the City that is
able to demonstrate that the applicant's use will not interfere with
any existing communications facilities.
EN HILLS
1245 West Hwy 3�
Ar�en Hills, MI� 551 � 2
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v�nivw. ci . arden-h i I Is. rr� r� . us
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Th� AARP C�riv�r ��f�ty Pr�gr�rm i� d�sign�d for rnot�r��t'� age �� �nd
t�lder. �pa� corr�p►le�iar� o� on� �f th��� s�r�nir��rs, y�u �rill b� �r�ti�l�d f�r �
dis�a�nt ar� yo�r auta insurar�ce premium. For t�e first ti�e, an� attend�
tl�e 8-�our ��nninar. To retain tf�� insurance premium d��count� everyor��
should attend th� 4-hour refresher s�minar ev��y � years. P�ease bri�g
your curr�nt driv�r's lic�nse �;tn yo�. S�mir�ar� are taug�t by �►�.P
train�d �alur��eer�. Regist�atior� ���dlir�� is 3 d�ys prio� to t�e �I�ss.
�ARP m��ber ��rds� must be presented at the tir�� of re�is����ion to
�u�lifiy �ar r�er�ber r��+��.
8-1�o�r �c�ur�e {11�ust �� Taken First�
�►�►F�P membe� r2�te: $2Q, nan-memk�er rate: �22
5.3Q-�:30 �m
Tu��/Th u r�, J u ne �� & 24 AF�tlV 106
Arden Nil�� City H�II
4-�our Refresher Caurses
,A,,A,RP mem b�er rate:
9:0�-1:Q0 pm
Arden Hills �ity N�II
Tuesday, lVlay 11
Tuesday, June 8
�uesd�y, J u �y 13
Tuesday, August 1 �
$16, non-member rate: $� 8
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April 26, 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 4, Subd 5,
and Subd 6 are hereby amended in the Arden Hills City Code to read as follows:
Subd. 5 Conditional Use Permit (Revised OS/6/10).
A. New 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.
B. Towers that were in existence prior to April 8, 2010 are allowed as
conditional uses and may be the primary use on a property. New antennas may
be added to said towers subj ect to the limitations of the conditional use permit for
each tower.
C. 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 subject
to the height regulations in Subd. 5, Height, of this section.
Subd. 6 Height. (Revised OS/6/10) 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 new antenna or tower shall exceed a height of seventy-five (75) feet.
C. Towers constructed prior to April 8, 2010, which exceed the seventy-five
(75) foot height limit, shall not be increased in height. New antennas may be
placed on said towers provided the antennas meet the requirements of the
conditional use permit for the tower and do not exceed the height of the
tower.
Ordinance 2010-002
D. 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.7 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.
Ordinance 2010-002
F. With the exception of antennas placed on towers constructed prior to
April 8, 2010; antennas, dish antennas or towers shall not be allowed (Revised
OS/6/10) :
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 adj oining 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.
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 26th day of April,
2010
STANLEY D. HARPSTEAD, MAYOR
ATTEST:
SUSAN IVERS�N
ACTING CITY ADMINISTR.ATOR
Publication Date: May 5, 2010
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2010-002
On the 26th Day of April, 2010, 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 4, 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 Highway 96, Arden
Hills, Minnesota 55112. The Ordinance is also available online at http://vc�vvw.ci.arden-
hills.mn.us.
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. . .
e or o e annln or�r�misslon
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ro�r� rl 2 010 .
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Available online at:
htt�: J jv��ww.ci.arden-hills.mn.us��lanningcases
April 26, 2010, City Council Meeting