HomeMy WebLinkAbout6.v. Amend the Zoning Ordinance to Revise and Update Section 11-9-6 Related to Commercial Use Antenna Towers, 09-24-TAAGENDA ITEM: 09 -24 -TA Amend the Zoning Ordinance
to Revise and Update Section 11 -9 -6
Related to Commercial Use Antenna
Towers
AGENDA SECTION:
S
1 l 1
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner
AGENDA NO.
10. V
ATTACHMENTS: Draft 11/24/09 PC Minutes, Draft
Ordinance Amendment
APPROVED BY:
ab
RECOMMENDED ACTION: Motion to approve the attached ordinance revising and
updating Section 11 -9 -6 of the City Code relating to commercial use antenna towers.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting: December 15, 2009
EXECUTIVE SUMMARY
SUMMARY
This item was initiated by staff in response to concerns about the potential for the proliferation of
commercial use antenna tower within the community and changing technology. Recent inquiries
regarding the placement of cell towers and a examination of the regulations of surrounding
communities revealed the need to update Rosemount's standards. This memo provides background
information on the City's existing commercial use antenna tower regulations and a summary of the
proposed changes.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review this item during their regular meeting on
November 24, 2009. Draft minutes from that meeting are attached for your reference. After
conducting a public hearing and receiving no comments, the Commission asked questions of staff.
Commissioner Schwartz asked how towers are screened using "Stealth Technology Staff stated that
cell tower companies use color, position and placement to design a facility that blends into the natural
topography. An example would be designing the tower to look like a tree. Commissioner Schwartz
also asked about how far apart the towers are placed. Staff replied that it depends on a number of
variables including topography and the amount of cell phone activity. Commissioner Demouth
questioned the 500 foot setback requirement and if it applied to the antennas on the City's water
towers? Staff explained that the setback standard applies specifically to cellular towers. Antennas on
other existing structures like water towers or buildings are not required to meet this setback.
BACKGROUND
Commercial use antenna towers are regulated under Section 11 -9 -6 of the City Code. This section
allows towers as a permitted use in the the GI General Industrial district. It includes standards
related to height, setback, separation distance from residential structures, structural integrity, and the
like.
The Federal Communication Commission issued a declaratory ruling in November of 2009 regarding
the timeframe for reviewing cellular tower application, regulation denying application based on the
availability of existing service from another provider, and local government's requirement for
variances for every cellular tower facility. Staff has reviewed this ruling and finds that the attached
ordinance complies with the new FCC declaration.
ISSUE ANALYSIS
The proposed ordinance adds standards related to four areas: permitted districts, co- location, tower
construction, and antenna locations. The proposed ordinance would change commercial use antenna
towers from permitted to conditional uses in the GI General Industrial and HI Heavy Industrial
district. Commercial use antenna towers were added to the HI district when it was created in 2006 but
that change was not carried over into the tower section of the code. The co- location standards reduce
the minimum separation standards from 2 miles to 1 mile and detail a list of requirements an
applicant must meet before being allowed to construct a new tower instead of co- locating on an
existing tower or structure. The tower construction standards spell out the City's preference for
monopoles, screening standards and application material requirements. Finally, the new ordinance
includes standards to limit the placement of antennas without towers to public, institutional,
commercial or industrial buildings throughout the City regardless of the underlying zoning of the
property. This standard is added more for clarification as the City's current ordinance regulates
antenna towers and does not specifically address antennas placed on existing buildings.
CONCLUSION RECOMMENDATION
Staff recommends approval of the attached ordinance revising and updating Section 11 -9 -6 related to
commercial use antenna towers. This recommendation is based on the materials included with this
report and the findings made herein. These changes were initiated by staff in response to the potential
proliferation of commercial use antenna towers within the community and changing technology.
2
EXCEPT OF MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 24, 2009
5.d. Amend the Zoning Ordinance to Revise and Update Section 11 -9 -6 Related to Commercial Use
Antenna Towers (09 24 TA). Planner Lindahl stated this item was initiated by staff in response to
concerns about the potential for the proliferation of commercial use antenna tower within the
community and changing technology. Recent inquiries regarding the placement of cell towers and an
examination of the regulations of surrounding communities revealed the need to update Rosemount's
standards. Mr. Lindahl reviewed the City's existing commercial use antenna tower regulations and a
summary of the proposed changes.
Commissioner Schwartz asked for a definition of stealth technology. Mr Lindahl stated that they
basically try to make the towers as invisible as possible using colors, positioning and placement so it
blends with the surrounding natural environment. Commissioner Schwartz then asked how far
apart the towers are placed. Mr Lindahl stated that it depends on the different variables involved in
the area where the towers will be placed. Staff is concerned as the City develops to the east, there
will be more need for antennas in that area.
Commissioner Demuth asked about Section A.1.D. which states that a tower can be no closer than
500 feet to a residential structure and asked if that would apply to a City owned water tower. Mr.
Lindahl stated that the provision in that section applies to standalone cellular towers only, not
antennas placed on top of water towers and is designed to limit the number of standalone towers.
The public hearing was opened at 7:42p.m.
There were no public comments.
MOTION by Schwartz to close the public hearing. Second by Irving.
Ayes: 4. Nays: None. Motion approved. The public hearing was closed at 7:43p.m.
Commissioner Irving stated the draft ordinance is very well written and makes the process easier to
understand.
MOTION by Ege to recommend the City Council approve the attached draft ordinance revising
and updating Section 11 -9 -6 of the City Code relating to commercial use antenna towers.
Second by Irving.
Ayes: 4. Nays: None. Motion approved.
As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on
December 15, 2009.
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1.
follows:
City of Rosemount
Ordinance No. B- 204
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING COMMERCIAL USE ANTENNAS
Rosemount Zoning Ordinance B, Section 11 -9 -6 is hereby amended as
11 9 6: COMMERCIAL USE ANTENNA TOWERS AND COMMERCIAL ANTENNAS:
A. No commercial use antenna tower may be constructed in the city without first applying for a
permit. The permit application must be accompanied by a nonrefundable application fee. The
application fee shall be established by the city council. The permit fee shall be calculated
according to the city's schedule of rates and fees. All technical data and all relevant information
shall be submitted to the planning commission for its review including information specified in
subsections 11 -9 -4A4 and B of this chapter.
1. Upon receiving approval by the planning commission and obtaining the appropriate permits,
the following standards for commercial use antenna towers shall be met:
a. Commercial use antenna towers shall not be multicolored, and shall contain no signage,
including logos, except as may be required by any state and federal regulations. (Ord. B -74,
11 -5 -1996)
b. Commercial use antenna towers shall be permitted conditional uses in the General
Industrial (GI) and the Heavy Industrial (HI) zones cast of Akron Avenue and not within
two (2) '/a miles of another commercial use antenna tower. (Ord. B -74, 11 -5 -1996; amd. Ord.
B -174, 10 -17 -2006)
c. No guywires shall be used.
d. The setbacks of commercial use antenna towers shall be no less than the height of the
tower. The height of the tower shall not exceed two hundred fifty feet (250'). A commercial
use antenna tower cannot locate any closer than five hundred feet (500') from a residential
structure.
e. The structural integrity of a commercial use antenna tower shall be approved by a certified
engineer.
f. A commercial use antenna tower shall not be artificially illuminated unless required by the
FAA, FCC or other federal or state authority. Any illumination shall be oriented inward
whenever possible while complying with federal or state requirements. If lighting is required,
it shall be oriented inward, if possible, so as not to project onto surrounding residential
property.
g. Nonclimbable fencing shall enclose the area on which the commercial use antenna tower
is located. (Ord. B -74, 11 -5 -1996)
h. Accessory structures in accordance with applicable GI standards shall enclose
transmission equipment, power equipment, or any equipment located on the ground near the
tower that is used in conjunction with the commercial use antenna tower. (Ord. B -74, 11 -5-
1996; amd. Ord. B -174, 10 -17 -2006)
i. Commercial use antenna towers located within six hundred sixty feet (660') (7 mile) of a
public right of way (ROW) or a residential (R) or public (P) district shall be landscaped along
the side adjacent to the ROW, R or P district with boulevard trees planted on fifty foot (50')
spacing in accordance with section 11 -6 -3 of this title.
j. Applicant must provide data indicating location of proposed antenna in relationship with
nearest existing or anticipated antenna locations that would provide optimum service
involving the city of Rosemount.
B. Should the commercial use antenna tower owner engage in any activity that violates these
standards or endangers the public health, safety, and welfare, the city may require the abatement
of said tower from its current site. The city will provide notice to the commercial use antenna
tower owner of the violations, and provide an opportunity for the owner to address the city
council regarding the proposed action. The city may require immediate abatement in the case
that there is an immediate public health threat.
C. An obsolete or unused commercial use antenna tower and accompanying accessory facilities shall
be removed within six (6) months of the cessation of operations unless a time extension is
approved by the city council. If a time extension is not approved, the commercial use antenna
tower may be deemed a nuisance pursuant to Minnesota statutes section 429. In the eventa
tower is determined to be a nuisance, the city of Rosemount may act to abate such nuisance and
require the removal of the commercial use antenna tower at the property owner's expense. The
owner shall provide the city with a copy of the notice of the federal communication
commission's (FCC) intent to cease operations and shall be given six (6) months from the date
of ceasing operations to remove the obsolete commercial use antenna tower, and all accessory
structures including anything that may have been placed belowground. In the case of multiple
operators sharing the use of a single commercial use antenna tower, this provision shall not
become effective until all users cease operations for a period of six (6) months. The equipment
on the ground shall not be removed until the tower structure has first been dismantled. After the
facilities are removed, the site shall be restored to its original, or to an improved state. (Ord. B-
74, 11 -5 -1996)
D. Co- Location Requirements: All commercial use antenna towers erected, constructed, or located
within the city shall comply with the following requirements:
1. A proposal for a commercial use antenna towers shall not be approved unless it can be
documented by the applicant that the communications equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower or building within a one
half mile radius of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved
tower or building, as documented by a qualified and licensed professional engineer, and
the existing or approved tower cannot be reinforced or modified to accommodate planned
equipment at a reasonable cost;
b. The planned equipment would cause interference with other existing or planned
equipment at the tower or building as documented by a qualified and licensed professional
engineer, and the interference cannot be prevented at a reasonable cost;
c. No existing or approved towers or commercial /industrial buildings within a half -mile
radius meet the radio frequency (RF) design criteria;
d. Existing or approved towers and commercial /industrial buildings within a one -half mile
radius cannot accommodate the .lanned e ui ment at a height necessa to function
reasonably as documented by a qualified and licensed professional radio frequency (RF)
engineer; and /or;
e. The applicant must demonstrate that a good faith effort to co- locate on existing towers
and structures within a one half mile radius was made, but an agreement could not be
reached.
E. Tower construction requirements. All towers erected, constructed, or located within the city,
and all wiring therefore, shall comply with the following requirements:
1. Monopoles using stealth technology are the preferred tower design. However, the city will
consider alternative tower types in cases where structure (RF) design considerations, and /or
the number of tenants required by the city preclude the use of a monopole.
2. Towers and their antennas shall comply with all applicable provisions of this code.
3. Any proposed commercial use antenna tower shall be designed, structurally, electrically, and
all other respects to accommodate both the applicant's antennas and comparable antennas for
at least one additional user. To allow for future rearrangement of antennas upon the tower,
the tower shall be designed to accept antennas mounted at no less than 10 -foot intervals.
4. All towers and their antennas shall utilize building materials, colors, textures, screening and
landscaping that effectively blend the tower facilities within the surrounding natural setting
and built environment to the greatest extent possible as determined by the city.
5. In addition to the submittal requirements required elsewhere in this code, applications for
building permits for towers and their antennas shall be accompanied by the following
information:
a. Written statements from the Federal Aviation Administration, Federal Communications
Commission, and any appropriate state review authority stating that the proposed tower
complies with regulations administered by that agency or that the tower is exempt from
those regulations;
b. A report from a qualified and licensed professional engineer which does the following:
describes the tower height and design including a cross section and elevation;
demonstrates the tower's compliance with the aforementioned structural and electrical
standards; documents the height above grade for all potential mounting positions for co-
located antennas and the minimum separation distances between antennas; describes the
tower's capacity, including the number and type of antennas that it can accommodate; and
documents what steps the applicant will take to avoid interference with established public
safety communications; and
c. A letter of intent committing the tower owner and his or her successors to allow the
shared use of the tower, as long as there is no negative structural impact upon the tower,
and there is no disruption to the service provided.
F. Antennas mounted on roofs, walls and existing towers. The placement of wireless
communication antennas on roofs, walls, and existing towers may be permitted on public,
institutional, commercial or industrial building or facilities, with a building permit approved by
the appropriate city staff. In addition to the submittal requirements required elsewhere in this
Code, an application for a building permit for antennas to be mounted on an existing structure
shall be accompanied by the following information:
1. A site plan showing the location of the proposed antennas on the structure and documenting
that the request meets the requirements of this Code.
2. A building plan showing the construction of the antennas, the proposed method of attaching
them to the existing structure, and documenting that the request meets the requirements of
this Code.
3. A report prepared by a qualified and licensed professional engineer indicating the existing
structure or tower's ability to support the antennas.
4. An intermodulation study to ensure there will be no interference with existing tenants or
public safety telecommunication providers.
Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 15` day of December 2009.
A'1`1EST:
Amy Domeier, City Clerk
CITY OF ROSEMOUNT
William H. Droste, Mayor
Published in the Rosemount Town Pages this day of 2009.