HomeMy WebLinkAbout5.a. Parker Communications - Zoning Ordinance Amendment � r
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����� � 2875-145TH ST. W.
oS�i!'f�OvG�� ROSEMOUNT. MINNESOTA 55008
612-423-441 1
Agenda Item 5a.
��: MAYOR, CITY COUNCIL, CITY ADMINISTRATOR
FF�OM: DE�LN JOHNSON, DIRECTOR OF COMMUNITY DEVELOPMENT
�JRTE: MAY 10, 1990
SJfiJ: PARKER COMMUNICATIONS - ZONING ORDINANCE AMENDMENT
MAY 15, 1990 COUA3CIL AGEIdDA ITEM #5a.
Attac�ed are copies of revised Zoning Ordinance text amendment
ianguage, relating to the Parker Communications AM radio
a�tennae proposal . The revisions include references to the
pratection of plant and animal populations from nuisance or
hazard, requirements for the complete removal of the antennae
and appurtenances upon termination of the use and some minor
wording clarifications .
The revisions result from input and discussions at the May 1,
19�0 Public Hearing. I believe the revisions address the
issu�s raised by the City Council in discussing the proposal.
Assuming this to be the case, I would recommend adoption of
tne orciinance amendment, subject to the Council ' s review of
�h� praposed "benefit package" from Parker Communication.
A�so attached is a letter, dated May 7 , 1990, from Ron Kazda,
Vice President - Operations, Parker Communications . The
letter outlines the elemer.ts of an agreement, which would be
d�veloped between the City and Parker Commur.ications . It
identifies community benefits, resulting from the antennae
cevelopment, and permit guarantees the company is seeking.
The benefits include a payment i:� lieu of property taxes, an
estimate of the City' s share of actual property taxes, the
ir.stallation of a two-way radio antenna for City use, a
cor.servation easement on a portion of the site, a "Rosemount
Review" progra:nming opportunity and public service
ar.r.ouncement spots .
T�e permit conaitions Parker Communications is seeking are a
30-year permit term and a guarantee for replacement of the
antennae, ii the use were ever terminated by ordinance
{becoming a non-conforming use) and their "grandfather" rights
were terminated due to destruction by accident, nature or
other catastrophe.
In regards to the benefits, I think Parker Commun�.cations has
�.tt�mpted to address nll of the cor�cerns, issues and
�uggestions from the City. The payment in lieu of taxes
represents an estimate of the City' s share of property taxes
if the entire acreage were classified i:�dustrial (without
. a
P�rker Communications - Zoning Ordinance Amendment
�Gy 15, 199U Council Agenda Item #5a
Paae Two
structural value) . The estimate of the actual property tax
is based upon the County Assessor' s assertion that the site
cou?d remain in Green Acres, with the exception of
��proximately five acres underaeath the antennae. This
re�lects what the City may anticipate from the normal tax and
distribution process . This will occur on its own and not be
�art of an actual "benefits agreement. "
Parker Communications also proposes to pay for and install a
tw�-way radio antenna for the City' s use and enjoyment
t�:roughout the term of the permit. The cost of an antenna and
va�ue of associa�ed lease is shown for comparison purposes.
T:�s is a proposed benefit to the City, not an offsetting
charge.
Parker Communications has also responded to the suggestion of
� conservatior. easement for wildlife habitat. I would make
tv�o comments witn regarct to this proposal . First, we are
r��rvous abaut specifying any specific "conservation program"
�:: a^ agreement. These are subject to chanqe during the
per�«it term. Second, it would appear the interest for habitat
cover would be far more realistic if a greater portion of the
sit� vaere encumbered. Ta this end, I would reco:nmend that an
agreement simply specify that at least half of the site be
m,�intained for natural habitat. The balance could be used for
aCricultural purposes or perhaps some other compatible use.
T?�.e two remaini�g benefits re�ard commitments to the City for
"�i� time. " The firs� includes 26 fifteen-minute programs per
y�ar (roughly twice a month) . The second includes 100 half
:��nuze public service annour.cements per year (roughly two per
u�ek) .
WitY: regards to the nermit conditions, there are two issues :
�h� �erm of the permit and protection from any non-conforming
use restrictions during the permit term. Parker
�o:;t.-nunications has requested a 30-year permit term. Based
�por. previous discussions, it wou?d appear a 20-year
co,-a.�nitment is adequate for the applicant and less confining
fo•� the City. If a 30-year commitment is pressed, I would
r�commend "wir:dows" to renegotiate the permit at specified
intervals .
���:e concern for the nor.-conforming status is understandable.
O�:r interim use permit language would extend "grandfather"
rign�s to the use if the ordinance were ever amended to
eliminate antennae as permitted uses . Those rights are
jc��ardized, however, if damage or destruction of the a�tenn«e
�ccur and the cost of replacement exceeds "50 percent of
assessed valuation. " If this scer.ario occurred, the
r��a?acement could not take nlace.
Par�er Communications - Zoning Ordinance Amendment
��y �5, 1990 Council Agenda Item 5a
���� Three
�Gther than waivir.g or excepting this provision, as the
a�N�icar.t has reauested, the City Council cou?d consider a
condition under which the antenn�e could be replaced. The
pe��i� agreement could specify that the City could permit
re�onstruction under the nor.-conforming scenario, provided the
«pplicant' s operating track record had been satisfactory and
t:�e City had a "window" to re-evaluate/renegotiate the
wenefits provisior:.
In summary, the componen�s to consider an ordinance amendment
t� permit AM radio antennae in the City have been presented.
I believe the ordinance language is adequate to protect the
pu��ic interest. The final determination by the City Council
i�z debating the merits of the amendment �ies in the acceptance
c� ;,ne benefits test.
? nave received commen�s from individual Councilmembers and
s��ff, regarding the proposal and its implications . I have
n�ade recommendatior. to the applicant with regard to these
issu�s . I Y:ave also made suggestions for change to the
��plicaat's proposal, tor Council consideration.
I wc�;�d recommend the City Council approve the applicant's
��o�osal, with the suggested revisions, authorize staff to
p�ep�re a iormul agreement and adopt ordinance amendment B-4 .
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. B-4
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS
AS FOLLOWS:
SECTION 1. Section 3.2 of Ordinance B - City of Rosemount Zoning Ordinance
is amended by adding the following definitions:
A.M. Radio Antenna That portion of any communication equipment located on
the exterior or outside of any structure used for continuous or standby
transmission or reception of A.M. radio waves.
Tower A structure upon which communication equipment is mounted or
attached and including support devices such as cables, braces, etc.
SECTION 2. Section 6.1 of Ordinance B - City of Rosemount Zoning Ordinance
is amended by adding the following:
C. Uses Permitted bS� Interim Use Permit
1. A.M. radio antennae and supporting towers and related accessory
structures. This use may be permitted only on properties situated
east of State Trunk Highway 52.
SECTION 3. Section 11 of Ordinance B - City of Rosemount Zoning Ordinance
is amended to include the following:
SECTION 11.4 A.M. RADIO COMMUNICATIONS ANTENNAE AND
SUPPORTING TOWERS
A. Permit applicants shall submit the following information together with
any other information requested by the City:
1. In submitting an application for an interim use permit for the
construction and maintenance of radio antennae, and accessory
structures, the applicant shall provide sufficient information to
indicate that construction, installation and maintenance of the
antenna and tower will not create a hazard to the health, safety
and general welfare of surrounding property owners, animal
population or natural environment.
2. This information shall include an outside consultant conducting
an independent study at the cost of the applicant, demonstrating
that the tower complies with (structural standards for steel
antenna towers and antenna supporting structures), Engineering
Department,Electronic Industries Association (EIA); describing the
capacity of the tower, including the number and type of antennae
that it can accommodate and the basis for the calculation of
capacity; and demonstrating that the application complies with
FAA, FCC and, if applicable, State Aeronautics Division ,._._--
requirements.
3. A site plan including contents as specified in Section 14.4
Subsection B of this Ordinance.
4. A written analysis of the impacts of the proposed project shall
be required. The applicant must discuss issues related to the
aesthetics of the project, any implications or nuisances in the
operations of the project and property tax implications for long
term use of the site.
B. Permit Requirements for Construction and Maintenance: Permits for
A.M. radio communications antenna, towers and accessory structures
erected, constructed or located on any property and all supporting
devices thereof shall only be issued if the following standards are met
or exceeded:
1. The tower shall not exceed four hundred feet (400') above grade
or less as authorized by law.
2. Antenna and or tower setbacks shall be such that the distance
from the base to the nearest property line or non-owned structures
is not less than the calculated structural collapse radius.
3. No part of any antenna or tower nor any lines, cable, equipment
or wires or braces in connection with either shall at any time
extend across or over any part of the right-of-way, public street,
highway, sidewalk or property line.
4. Towers with antennae shall be designed to withstand a uniform
wind loading as prescribed by the State Building Code and the
Electronic Industries Association recognized national standards,
whichever is more restrictive.
5. Antenna and metal towers shall be properly protected against
direct strike by lightning, either by adequate grounding or suitable
circuits designed to provide such protection. The installation shall
comply with all applicable electrical wiring codes, statutes,
regulations and standards.
6. The City shall determine whether self-supported towers or whether
towers supported by cables or guy wires serve to protect the public
health, safety and welfare.
7. All signal and remote control conductors of low energy extending
horizontally above the ground between the tower or antenna and
structure, or between towers, not buried underground, shall be at
least twelve feet (12') above the ground at all points.
8. The base of the tower and all anchors shall be surrounded with
a minimum six foot (6') high security fence with the appropriate
warning signs posted on all sides.
9. No accessory structures or appurtenances shall be temporarily or
permanently affixed to A.M. radio antennae or supporting towers
accept as required to accomplish the license service for which the
antenna or tower is authorized by the FCC, or as may be approved
by City Council.
10. The economic benefits, incentives and other advantages to the
City and community must outweigh any known or potential
negative aspects of the project.
1L The applicant shall furnish the City with copies of all
correspondence with the FCC and FAA regarding permit
performance of the A.M. radio antennae; or any matters affecting
public health, safety and welfare.
12. If use of the tower is discontinued for a period of twelve (12)
months, or u on ex iration of the Interim Use Permit the A.M.
Radio Communica[ions antennae su ortin towers an a a ove
and below ground appurtenances s a e remove .
13. The applicant shall be required to adequately maintain the A.M.
radio communications antennae, supporting towers and related
accessory structures and property upon which those facilities are
situated in a manner to ensure that such facilities do not represent
a hazard or nuisance to the public, animal population or natural
environment.
C. Broadcast Interference: The applicant shall be responsible to investigate
all and remedy legitimate complaints regarding interference to consumer
electronic equipment alleged to be caused by signals from the broadcast
facility.
D. Advisory Commission: The City Council may establish an advisory
commission to hear disputes that cannot be resolved between the
broadcast representatives and affected parties.
E. Tower Use Fee: The City Council may require an annual use fee in
lieu of taxes.
SECTION 4. This ordinance shall be effective immediately upon its passage
and publication.
ADOPTED this day of
CITY OF ROSEMOUNT
Vernon J. Napper, Mayor
ATTEST:
Susan M. Johnson, City Clerk
Published in the Dakota Count� Tribune this day of
, 1990.
SEfdi BY�CORPORATE-h9PL5, MN, � 5- 9-�0 �10�16AM ;THE PARKER COMPANIES� 0�� 2
PA � �CJI�/��IUNICAT�C�N� INC.
r
A Cammitment to Quaiity
May 9, 1990
Mr. Dean Johnson
Director of Community Developm�n't
C�ty a� Rasemount
2875 145th Street Wes�
Rosemount, Minnesota 55068
Re: KTCJ-Am Radio Antenna Project, Rosemaunt, Minn�gota
Dear Dean:
As we aiscussea iri our May 7 meeting, this lettar contains an
outline of Parker Communications� proposal to address Section
11. 48(10) af the propaaed Ras�mount zoning �rdinance text amendment
which states that ��the economic benefits, incentivas, and ath�:r
advantages to �he City and community must outweigh any known or
potential negative �spects of a project. " Pursuant to the schedule
discussed in our recent meeting, we are hoping tc� px'es�nt the
propasal tc� the City Council at its regular May 15 meeting. After
you have had an opportunity to review the propvs$1, please give me
or Linda Fisher a cal]. to discu�s yaur reaction to it.
Par}:er's prQposal is presented to you in summary f�rm, using
calendar yeax 1991 for illustra�ive purposes:
$2 , 470 cash payment to tha City - equal ta 1991 City portion
of real estate taxes (in round number) if the entire pro�eat
site is classified commercial/industrial. The $2 ,470 c�sh
payment will be made to the Eity annually over the proposed
30-year term of the Interim Use Agreem�nt between the City and
Parker Communicationa.
Overall Value ot $336, 625. 10 bas�d on $2, �69. 60, at 9
percent interest over 34 years.
Compares ta $12 , 085. 03 based on $68. 66 (City 1991 real
estate taxes if the entire site remains classified green
acres, as it is today) at 9 percent interest over 30
years. t
$365, 1991 City portion o� rea1. estate taxes if five acres of
the pro�ect site is classified commercial/industrial for the
radio antennae, and the balanae �f the site is olaBsified
graen acres (methodology the Assessor has indicated will be
' S�N� BY�CORpORATE-M1�PLS, MN, � 5- 9-90 �10�17AM :THE PARKER COMPANIESi 0�# 3
used to ca�culate real estate taxes for the proposed projact
on the site) .
$8 , 300 - City two-way rad�o on KTCJ antennae.
�3 , 50o capi�al aost
$4 ,800 mid-range market rat� annual r�ntal ($400 per
month)
3�-y�ar canserva�ion easement aver 5. 5 acres af woodland in
the northwest corner of the pro�ect site valued as psr
Rainvest In I�iinnesota (RSM) valuation methodolvgy.
$23 , 40-0 - "Rosemount Review" prog��mming
15 minutes X $60 a minute = $900
$90o X 25 week� per yeax = 523 , 400
KTCJ t� produce praqram. No impact an �ity budget or
City staff
Patentia7. Ro�emount High Schac�l involvement in
programming
$3 , 004 - Public service announcemert. �xamples inr.lude school
cl.osinqs, publici�y of communi�y events, and promotion of
Rosemount economics development
$30 per one-half minute X 100 = $3 , 000
----�_______________________�-_=____=
$37 , 535 = Tatal value of-benefits package
parker Communications requests 30-ysar Interim Use Agreement
with City tn ensure that any future change in zoning district
or zoning ordinancE text does nat render the antennae non-
conformi.ng, City retain� authority to t�rmina�e permi� upon
violation of permit condition� or u�on violatian of str�,ot n�w
zoning ordinance performance szandards.
a t�win-win'� situation:
KTCJ gets right to rebtiild antennae if destroyed or
damaged.
City gets environmentally sound known land use that is
compatible with existing land uses, and ca�r�patible with
potential �utuxe land u�ses, and that does not re�uire
costl� sewer, water, �nd police and fire services.
Hypotheti�a3 future permitted industrial use (assuming
� �E��T BY�CORPORA,TE-f�PLS, My, � 5- 9-90 � 10�17AM ;THE FARKER COMPANIES� 0�# 4
rezoning of site to IG) intraduces unknvwn faotox into
the equation because of lack of C�ty control over type
�f industrial use that could be deve��ped on the site.
Po�ential far �ign�f�cantly greater negative impacts on:
Municipal water and sewer and local and regional
growth management policies.
Capacity of roads.
Air quality and no�s�.
Quantity and quality ot stdrm-water runoff
VQgetation�
Visual environmant - Building bulk and mass;
outd�or storage of veh�ales and material�.
We ax� prepaxed to make an oral presentation to the City Council
� explaining the proposal and responding to any questions the Council
may have. Flease confirm that we will be abl� ta praceed on May
15.
sincerely,
� r-�""7. . .
i
! �I
. ����X� ��'! �� .
�,
Ronald J. azda
Vice President - dperatians
PARKER COMMUNICATIO1tT3 �