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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.