HomeMy WebLinkAbout5.a. Zoning Text Amendment - Personal Communications Tower by American Portable Telecom CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 2, 1996
AGENDA ITEM: APT Zoning Text Amendment Request AGENDA SECTION: Old Business
PREPARED BY: Dean R. Lotter, Intern AGENDA N =`J
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ATTACHMENTS: Zoning Text Amendment Draft, Excerpt on APPROVED BY:
Conservancy district from Comprehensive Guide Plan —
American Portable Telecom (APT) has requested a zoning text amendment that would allow the
construction of commercial use antenna towers in the City of Rosemount. The City Council considered
this amendment at its last meeting on June 18, 1996. The amendment was given a public hearing at the
Planning Commission on May 28, 1996. The City Council had a variety of questions many of which were
contingent on receiving technical information from APT and their representatives who were unfortunately
not present. The following are the concerns the Council voiced at its last meeting:
• Council inquired as to the rationalization for the location for this particular tower.
• How do service coverage issues relate to the placement of this tower?
• Could the AM antenna tower ordinance language be used to apply to commercial antenna uses
(east of Hwy 55 in the AG zone)?
• How do issues of topography play a role in choosing a tower site?
• Inquiries were made about the tallest structure on Koch's property.
Answer: The tallest tower is approximately 390 feet tall.
• What district does the Comprehensive Guide Plan zone this land as in the future?
Answer: APT's tower would be located in the AG district which is guided to be a
Conservancy district in the future. Please see attachment for information on the
Conservancy district.
• What benefit does the community receive from allowing such uses into the community?
Answer: In speaking with Glenn Wolff, representative of APT, the intentions of
providing wireless services is to provide a more mobile telephone service that will
most likely replace landline phone systems at some point in the future. Mr. Wolff
m ay add more to this question a t the July 2 meeting.
• Council questioned as to whether the General Industrial zone should be included along with the
Agriculture zone, using a demarcation line other than Akron Ave., and also maintaining a 500 foot
buffer from residential structures.
Should the City Council decide to included another zoning district or change the zoning requirements in
this ordinance, City Attorney LeFevere recommended that the Planning Commission should hold another
public hearing. At this point, the City is at day 56 of the 60 days under which a decision must be
rendered; either denial or approval. If the City wishes to continue to consider this amendment and table
the issue again or send it back to the Planning Commission, a 60 day extension letter can be sent to the
applicant. The City would then have 60 more days to consider this issue, but would be required to make
a decision at the end of the second 60 day period.
RECOMMENDED ACTION: MOTION to send out the 60 day extension letter to the TEA Group,
representatives of APT, and send AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B
REGULATING COMMERCIAL USE ANTENNA TOWERS back to the Planning Commission for another
public hearing.
COUNCIL ACTION:
CONSERVANCY
OBJECTIVES POLICIES
It is the objective of the City to: It is the City's policy to:
1. create a buffer to minimize conflicts between 1. maintain all tree stands and natural topographic f
heavy industrial and residential land uses; landforms (hills, slopes, etc.);
2. allow for very low intensity land uses that are 2. prohibit all new development other than as
not likely to be impacted by or have an impact accessory to an existing use;
on the existing Pine Bend heavy industrial 3. allow owners to improve existing properties and
development; and maintain their status as legally conforming land
3. protect and limit public use of the existing uses per the City's Zoning Ordinance;
natural landscape. 4. disallow the extension of public utilities to any
part of a Conservancy Area unless the facilities
PLAN ELEMENTS serve a system-wide purpose;
5. allow only such low intensity uses within
Conservancy areas are those where development is Conservancy Areas as parks, recreation, open
intended to be carefully controlled. This control space and trails; agriculture and already existing
ensures precluding urban land use encroachments residences;
which might conflict with heavy industrial and waste 6. permit interim uses such as sand and gravel
management uses and/or protecting natural mining only in areas where they do not disturb
environmental features (trees, slopes, surface unique natural landforms (wetlands, hills, slopes
waters, wetlands, etc.). It is the intent of the City to and trees);
prohibit the construction of new principal structures 7. acquire, whenever possible, conservation
within conservancy areas while allowing existing easements and deed restrictions to protect
land owners the right to continue to use lands for valuable natural features and allow for their use
present uses, expand principal structures and add by the public; and
accessory structures and uses as appropriate. 8. assist with the acquisition of land to implement
the conservancy area concept.
CITY OF ROSEMOUNT SECTION V(A) -2 OCTOBER 1993
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO. B-64
AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B
REGULATING COMMERCIAL USE ANTENNA TOWERS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section I. Rosemount City Zoning Ordinance B Section 3.2 is amended by adding the following
definitions:
COMMERCIAL USE ANTENNA: A device used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally
based structures directly or indirectly related to wireless
personnel communication services and cellular services.
COMMERCIAL USE ANTENNA TOWER: Any pole, spire, or lattice structures, or
combination thereof, to which an antenna is
attached, or which is designed for an antenna to be
attached, and all supporting materials.
CERTIFIED ENGINEER: An engineer who is licensed by the Minnesota Board of
Architecture, Engineering, Land Surveying, Landscape
Architecture and Interior Design.
Section II. Rosemount City Zoning Ordinance B Section 6.1 is amended by adding new
paragraph 10 as follows:
Section 6.1 AG AGRICULTURAL DISTRICT:
B. Uses Permitted by Right
10. Commercial Use Antennas and Commercial Use Antenna Towers; provided,
however, Commercial Use Antenna Towers are permitted only in that part of the City east
of a line that begins one half mile west of Rich Valley Blvd.
Section III. Rosemount City Zoning Ordinance B Section 6.15 is amended by adding new
paragraph 8 as follows:
Section 6.15 IG GENERAL INDUSTRIAL DISTRICT:
B. Uses Permitted by Right
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8. Commercial Use Antennas and Commercial Use Antenna Towers; provided,
however, Commercial Use Antenna Towers are permitted only in that part of the City east
of a line that begins one half mile west of Rich Valley Blvd.
Section IV. Rosemount City Zoning Ordinance B is amended by adding the new Section 11.6 as
follows:
Section 11.6 Commercial Use Antenna Towers
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 non-refundable 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 11.4.A.4 and 14.4B.
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 multi-colored, and shall contain
no signage, including logos, except as may be required by any state and federal
regulations.
b. Commercial Use Antenna Towers shall be permitted in the Agriculture (AG)
zone the General Industrial (I-G) zone east of Akron Avenue and not within two
(2) miles of another Commercial Use Antenna Tower.
c. No guy wires 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 (200)
feet. A Commercial Use Antenna Tower can not locate any closer than five
hundred (500) feet 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.
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g. Non-climbable fencing shall enclose the area on which the Commercial Use
Antenna Tower is located.
h. Accessory structures 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.
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. All obsolete or unused Commercial Use Antenna Towers 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
Statute, Section 429. In the event a 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 below ground. 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 six(6) months. The
equipment on the ground is not to 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.
Section IV. This ordinance will become effective the day after publication.
Adopted this day of , 1996
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this day of , 1996 in the Rosemount Town Pages.
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