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HomeMy WebLinkAbout01/22/08El Andover Planning and Zoning Commission Meeting Agenda January 22, 2008 Andover City Hall Council Chambers 7.00 p.m. 1. Call to Order 2. Approval of Minutes — December 11, 2007. 3. PUBLIC HEARING 2008 Comprehensive Plan Update a. MUSA expansion and land use change request for a portion of the Woodland Creek Golf Course b. Sewer Staging Plan Request 14861 Prairie Road c. Sewer Staging Plan Request Woodland Estates 5 Addition 0 4. Work Session: a. Antenna and Tower Code (Chapter 9 -12) 5. Other Business 6. Adjournment 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US • C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item 2. Approval of Minutes - December 11, 2007 DATE: January 22, 2008 Request The Planning and Zoning Commission is asked to approve the minutes from the December 11, 2007 meeting. LJ 9 PLANNING AND ZONING COMMISSION MEETING —DECEMBER 11, 2007 • 11 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on December 11, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Commissioners absent: Also present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Devon Walton. City Planner, Courtney Bednarz Others APPROVAL OFMINUTES. November 13, 2007 Commissioner Holthus indicated that two Commission Members are listed as absent and present and should be reflected correctly. Motion by Casey, seconded by Falk, to approve the minutes as amended. Motion carried on a 5 -ayes, 0 -nays, 1- present (Kirchoff), 1- absent (Walton) vote. PUBLIC HEARING: VARIANCE (07 -04) TO THE FRONT YARD SETBACK REQUIREMENTS OF CITY CODE 12-4 -3 TO ALLOWANADDITION TO THE HOUSEAT 1657145 LANE NW Mr. Bednarz stated the applicant is seeking approval of a variance to allow an addition to the front of the existing house that would encroach six feet into the front yard setback. Commissioner Kirchoff asked in reference to the zoning or finding a hardship, would a road runnin on a piece of property be considered a hardship based on the unique character of a cul -de -sac. Mr. Bednarz stated the City has approved variances in the past where the curve of the street has affected the location. h Regular Andover Planning and Zoning Commission Meeting Minutes —December 11, 2007 Page 2 Commissioner Holthus wondered if there was any neighbor input regarding this. Mr. • Bednarz indicated he has not received any phone calls regarding this. Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Mr. Roman Fraulini, 1633 145' Lane NW, urged the Commission to recommend approval because he did not think this would change the look of the neighborhood. He did not see a problem with the garage coming out a few feet. Mr. Jeff Kuznia, 1645 145' Lane NW, stated they live in the cul -de -sac and would also urge the City to approve this variance. Commissioner Holthus asked if the basement is finished because it looks like a large house from the photographs but the report only indicated it has two bedrooms. Mr. Ryan Yenish stated the basement is finished off but he would like to keep the bedrooms on the same level as the other two bedrooms because he would like to have his children near their room. He stated there are not any bedrooms on the lower level. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:09 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. is Commissioner Kirchoff stated it helps to see the neighbors support this whether they approve of it or not. He stated this helps with the decision making. Chairperson Daninger concurred. Motion by Casey, seconded by Holthus, to recommend to the City Council approval of a variance to allow an addition to the front of the existing house that would encroach six feet into the front yard setback. Motion carried on a 5 -ayes, 0 -nays, 1- present (Cleveland), 1- absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the December 18, 2007 City Council meeting. RESIDENT FOR UM: 2008 COMPREHENSIVE PLAN UPDATE This item is intended to allow property owners an opportunity to ask questions and make comments about the Comprehensive Plan. Mr. Bednarz stated he received a letter today from a resident at 14861 Prairie Road, regarding the sewer trunk to the south. He was requesting that it be extended sooner than planned to his property to serve the proposed upcoming development. • Regular Andover Planning and Zoning Commission Meeting Minutes — December 11, 2007 Page 3 • Commissioner Falk wondered how many years out is it slated before it is proposed to be served. Mr. Bednarz stated according to the map, it is slated for 2020 -2025 as an estimate for service to the area. The Commission discussed with staff the possibility of bringing the sewer trunk up from the south to this property. Mr. Bednarz stated staff will put the details together and what the impacts would be to the system and will bring it back for a more formal review. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the Advisory Commission applications deadline is Friday. He stated the Council will choose dates for interviews at their next meeting. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. • C I T Y O F ND OVE • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Planned SUBJECT: PUBLIC HEARING 2008 Comprehensive Plan Update DATE: January 22, 2008 INTRODUCTION The Commission is asked to hold a public hearing for the 2008 Comprehensive Plan Update. DISCUSSION In addition to the update that has been reviewed over the past year, staff has received three requests. from property owners to make specific changes to the plan. Staff has notified property owners in the neighborhoods surrounding each request. It is recommended that each request be addressed independently to avoid confusion and allow them to be appropriately addressed. Once a recommendation has been made on each of the requests, it is suggested that the Commission move on to discuss the remainder of the Comprehensive Plan. Property Owner Requests A review of each of the following requests is attached: a. MUSA expansion and land use change request for a portion of the Woodland Creek Golf Course b. Sewer Staging Plan Request 14861 Prairie Road & 329 146 Lane NW c. Sewer Staging Plan Request Woodland Estates 5 Addition Comprehensive Plan Update The Planning Commission, Council and other advisory commissions have received and made changes to the various sections of the plan over the past year. This is an opportunity to receive any additional input from residents or the Planning Commission concerning the plan. At the conclusion of the discussion the Commission will be asked to make a recommendation to the City Council. The Council will be asked to approve the draft plan at the February 6 meeting. The next step will be for the plan to be released for comment to other jurisdictions including neighboring cities, Anoka County, the school districts and the Metropolitan Council. It is anticipated that some suggestions for changes to the plan will arise from these comments. Staff will keep the Commission informed as the review progresses. ACTION REQUESTED The Commission is asked to hold a public hearing and make a recommendation for each of the property owner requests as well as a recommendation for the entire Comprehensive Plan. Attachments S ar of Pro e caner Requests e p itted, e� • C I Y O F' NDOVEIr� 2008 Comprehensive Plan Update Property Owner Requests a. MUSA expansion and land use change request for a portion of the Woodland Creek Golf Course Land Use Change The owner of the Woodland Creek Golf Course has indicated it is no longer financially feasible to operate the course. As a result, the property owner is requesting that the limited buildable area of the course be allowed to be converted to provide residential housing. The request is to change the land use from Open Space (OS) to Urban Residential Medium Density (URM) on ten acres of land in the area near the existing clubhouse. The URM district allows a maximum of six units per acre. A letter and map of the area is attached. It should be noted that no concept plan has been submitted to the city. There was some discussion about the potential for the city to purchase the property for preservation of open space. The vast majority of the golf course is in a floodplain. Floodplain regulations will prevent all but a small area around the clubhouse from being developed. It is possible that the remainder of the course could be converted to a series of wetlands. A medium density development on the limited buildable area would require a rezoning contract and planned unit development review by the city. In addition to regulating the design of the development, this review would allow the city to require public access through the remainder of the property. The medium density development as well as a plan for the rest of the property should all be addressed through planned unit development review if the proposal moves forward. In this manner the same public benefit can be achieved without the cost of purchasing the property outright. It should also be noted that a portion of the proposed area is within the floodplain. A drawing showing the 100 year flood elevation and photographs from a resident are attached to illustrate. The property owner may attempt to amend the floodplain boundary with a plan to raise some areas of the site and lower others through a process with FEMA. There is no way to be certain how much or if any of the floodplain will be allowed to be filled until this process is completed. MUSA Expansion The Municipal Urban Service Boundary (MUSA) would need to be expanded to include the 10 acres proposed to be served by city sewer and water. A 2005 -2010 Sewer Stage is proposed to be applied to the subject property. It should also be noted that the property would initially be served through the existing lift station that serves the Woodland Creek Golf Villas. Both projects would be converted to service from the Rural Reserve Trunk Sewer when it is constructed. Land Use Change Review Criteria The city reviews Comprehensive Plan amendments concerning a proposed land use change with the following criteria: 1. Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error The condition that has changed is the golf course has become a financial liability to the property owner. C C 'I Y O F NDOVE 2008 comprehensive Plan Update Property Owner Requests 2. The proposed land use is compatible with surrounding land uses and with the goals, • objectives and policies of the Comprehensive Plan A medium density residential development can be designed to be compatible with the surrounding single family homes, detached townhomes and large areas of floodplain. However, no plan is available at the present time. If the proposal moves forward the details will need to be addressed through the development review process. The change is compatible with the goals, objectives and policies of the Comprehensive Plan. Among these are a focus on providing a mix of housing types and promoting infill development. 3. There is capacity ofpublic systems, facilities and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected There is adequate sewer and water capacity to serve the proposed development. The adjacent street, South Coon Creek Drive, is designed to carry significantly more traffic than the current traffic levels. However, additional stress will be placed on the intersections with Round Lake Boulevard and Crosstown Boulevard. A traffic impact study should be conducted at the time a development proposal is submitted to the city to determine if improvements to these intersections are warranted. 4. Agreement can be reached for the applicant of the proposed land use to pay for any • increased capacity of public systems, facilities and services required to serve the proposed land use The future development would be responsible for a proportionate share of the cost of any improvements recommended by the traffic impact study described above. S. Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council The area that would be developed includes the clubhouse, parking area and the maintained lawn areas around them. There would be an opportunity to address the conversion of the remainder of the golf course to a desirable natural area through the development review process. 6. To ensure a transition or buffer between urban and rural residential zoning districts A transition and buffer to adjacent residential properties to the east and west would need to be provided through the development proposal. The remainder of the golf course will provide a substantial buffer to the rest of the surrounding neighborhood. The Planning Commission is asked to make a recommendation to the Council on whether the proposed land use change and MUSA expansion will be included in the Comprehensive Plan • Update. If it is included, staff would recommend the design of the development, the design for the remainder of the golf course and the provision of public access be addressed with the development review process. I l M�. i r i 5 T H � 1 - y l oll 1 City of Andover Planning Jan: 8'' 2008 Olvan Properties, owner of Woodland Creek Golf Course is requesting a zoning change to medium density for 10 acres of the 70 acre Golf Course. A description of the site accompanies this request. Thank You Ron Vanneili Pres. Ovan PTept s .y• r J/]� ✓ jam_ _"." {`.+� // Fes. s � . •x Oreek �rE�« F fw ndoavgr, hhIn€�eso'ta 55304 0 Phone (53) 3323 -0517 , Fax (. 63) 712 -SI33 • LnC YQ C - S - r - Jlx i AA L -j --e� \ s 1 3L� ;z, Lava Atoa--r C+ei ( , iA r) E • • • • • 100 Year Flood Elevation Boundary V - O • ) V Bea . IIA • \ \ \\ a 171 \ � ` air n• � �/ i \� J _ . \ MG yt3 S O 05" II1 II � 1 1111 I 1 0a "�11� I ll( y 1 r r � y rj�i /l s ; '6•.. / 1 GREEN ���• . II �/ 3 x5 y A � .� �- /•. 1 i 1 I I + I x I �J w NDOVit - 2008 Comprehensive Plan Update Property Owner Requests 0 b. Sewer Staging Plan Request 14861 Prairie Road and 329 146 Lane NW The owners of these properties have requested that the Sewer Staging Plan be amended to allow the properties to be served by a trunk sewer line located to the south of Andover Boulevard. Presently these properties are proposed to be served by the Bluebird Trunk Sewer Line which is located approximately one mile to the west. As a part of this request the property owners have asked that the timing of the sewer stage designation be changed from 2020 -2025 to 2005 -2010. The reason for this request is to accelerate the timing of development of the subject properties. A map is attached to show the location of the proposed change. When changes to the Sewer Staging Plan are proposed, the effect on the overall system is considered. In this case, the trunk sewer line to the south has capacity to serve the two properties. However, staff is not in favor of the proposed change to the Sewer Staging plan for several reasons: Putting the properties in the current sewer stage creates the potential for them to develop sooner than other properties between them and the existing sewer system. If this occurs, additional trunk sewer pipe would be constructed past developable properties to reach the subject properties. The additional pipe would need to be • constructed in the public right -of -way to bypass other properties, thus disturbing Prairie Road. The additional sewer pipe and reconstruction of Prairie Road would increase costs beyond what is needed to implement the current plan. Additionally, pump upgrades to Lift Station #2 would be needed to serve the subject properties. Some of this cost would be avoided if the properties were served from the west. 2. The proposal is contrary to the goals of the Comprehensive Plan, one of which seeks to prohibit the inefficient extension of infrastructure. 3. The additional trunk sewer pipe adds to the long term maintenance costs of the city. The proposal would complicate assessments for the extension of the trunk sewer system. The additional costs to bypass other developable properties could increase the cost of development for those properties. If a bypass is approved the two subject properties should be required to pay the difference between what the cost would have been to the other properties (under the current plan) and the increased costs of road reconstruction and additional trunk sewer pipe. Alternatively, staff would suggest an amendment to the sewer staging plan be considered when development of the property between the existing sewer system to the south and the subject properties occurs. In this manner unnecessary expenses and inconvenience to the general public can be avoided. r\ AN&WA Incorporated 1974 Properties requesting sewer service from south of Andover o Boulevard and a change of Sewer Stage from 2020 -2025 to 2005 -2010 0 Location Map - SUBJECT PROPERTY N J 0 January 9, 2008 r 14 2008 0 Honorable Mayor and Council City of Andover 1685 Crosstown Blvd Andover, MN 55304 Dear Honorable Mayor and Council, RECEIVED CITY OF ANDOVER Please consider and accept my request and petition to have my 34.81 +/- acres served by city utilities including sewer, water, and storm sewer. The legal description is as follows, That Prt of N '/ Of Sec 25 T32 R24 Lyg Wly of Blk 2 Smiths Rolling Oaks, Nly of 146 Ln NW & Ely of Prairie Rd; Ex'N 321.44 Ft Thereof; Also Ex Rds; Subj To Ease Of Rec and the PID is 253224210004. Please place my property in the sewer /MUSA future land use plan for the 2005 -2010 time frame. Thank you for your valued time and consideration. Sincerely, f \4-6 Mike Smith Landowner 4834 Greenhaven Drive St. Paul, MN 55127 651 - 334 -6381 Dec 11 07 04:16p Building Sites, Inc. 763 - 323 -9704 p.2 0 1 1 ` H Development, Inc. 3200 Main Slrect Suhe344. Coon Rar:ds. MN 55a 8 ?..gf7 Phon;: 763 - 576 -(1083 Fax 763- 323 -9704 • December 1 I, 2007 Planning Commission City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: 2008 Comprehensive Plan Dear Planning and 7oning Commission members, We are unable to attend the public forum regarding the 2008 Comprehensive Plan tonight. As landowners of 13 acres located at 14861 Prairie Road (P1D 25- 32- 24- 21- D002), we would like to have some input. Our parcel is located approximately 900 feet from the Misener property which is scheduled for utilities within the next five pears. It would seem more appropriate and orderly to bring utilities to our property from the south as opposed to having it come from the north. Respectfully, Jim ormier Presi ent 0 � � rr >s' ND6VT - 2008 Comprehensive Plan Update Property Owner Requests 0 c. Sewer Staging Plan Request Woodland Estates 5 Addition The property owner has requested approximately 5 acres immediately north of Woodland Estates Third Addition be removed from the Rural Reserve and placed in a 2010 -2015 Sewer Stage for development. This would include expanding the Municipal Urban Service Area (MUSA) boundary to include the property. The area would be developed for single family housing similar to the rest of Woodland Estates. A map of the area is attached. The purpose of the proposal is to accelerate the time frame in which the property can be developed. Although the property will be enrolled in the agricultural preserve program until 2010, the property owner anticipates that this will still be sooner than development of the Rural Reserve. The proposal would add approximately 13 lots to the Pinewood Trunk Sewer line and similarly reduce the number of lots to be served by the Rural Reserve Trunk Sewer in the future. Although theoretically there is stress on the downstream sanitary sewer system at ultimate build out, there is capacity to accommodate these additional connections. It should be noted that the City should be very cautious to add any additional connection to this section of the sanitary sewer system in the future. The small amount of lots would not adversely affect development of other properties served by this sewer line. A lateral sewer line will be used to serve the subject property in either scenario. As a result, there will be the same amount of sewer line constructed in either scenario. Previous discussions of property within the Rural Reserve have resulted in some basic concepts of where road connections, parks and water features may be located, but an overall plan of the area has not been completed. The Council has stated, however, that single family lots will be placed adjacent to single family lots in existing neighborhoods. A concept plan of the area showing single family lots is attached. The design makes road connections that were previously anticipated and provides for a connection to the west. This is most likely how the property would be developed whether it is developed as a part of the Rural Reserve or not. One issue that may arise with the proposed change is the conflict between the density of the concept plan and the 3 units per net acre minimum density requirement of the Metropolitan Council. The city agreed to this requirement as a part of the approval of the previous Comprehensive Plan. The difference would be a very small number of units that could easily be made up elsewhere in the Rural Reserve provided the Metropolitan Council agrees with this approach. E NI)OVE Incorporated 1974 Area proposed to be removed from the Rural Reserve and added to the 2010 -2015 Sewer Stage for development a Location Map NU.brti r.vc SEp,27.2W7 � � c .. \ � o.Mri,.iwwivawi_ 23 0 O ` I do .006ho" LQ • F- tQ • ,,�� � �� ©mot �� •' , 1 � r Sw r� x 979.3 i I � f'� ; i J 1 -+ ' •' • I G IL r lit A. t September 27, 2007 RECEIVED Honorable Mayor Mike Gamache Council Member Don Jacobson Council Member Mike Knight Council Member Ken Orttel Council Member Julie Trude City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: COMPREHENSIVE PLAN UPDATE Dear Mayor Gamache and Council Members, OCT 1 2001 CITY OF ANDOVER The City of Andover is moving forward with an update of their comprehensive plan. We have had conversations with city staff regarding a five acre parcel located to the north of the plat of Woodland Estates 3rd Addition. Attached is our proposed plat of Woodland Estates 5 Addition. Under the current comprehensive plan, and we believe the proposed update of the comprehensive plan, this parcel would not be included for development. We are asking that you consider the addition of these fire acres into the updated comprehensive plan so it could be developed in 2010. This piece of property is currently in Ag Preserve with the expiration date of March, 2010. It is also in the rural reserve. By including this five acre parcel in the new comprehensive plan update, this would allow for development of single family residences. This would also allow for the continuation of Verdin Street to the north and making the connection to Veterans Memorial Drive. Sewer and water is available on Veterans Memorial Drive and we believe the connections for sewer and water could be made there to service these five acres. We are proposing nine new single family lots as we had shown In the ghost plat during the platting process of Woodland Estates 3 r1 Addition. Z- 0 0 13632 Van Buren St. NE Ham Lake, Minnesota 55304 (763) 427 -7500 FAX: (763) 427 -0192 www.WoodlandMN.com DEVELOPMENT September 28, 2007 Page 2 of 2 • The engineering firm of Hakanson Anderson has looked at the potential connections for sewer and water and has addressed this with city staff. There should not be a capacity issue to add nine homes to the current sewer and water. We hope you are in agreement with this and would consider our request. If there are any questions or concerns, please contact me at 763 -427 -7500. We appreciate your time in reviewing this matter. Sincerely, By D. Westiund President Attachment —r— • r A C D OVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Andy Cross, Associate Planner CC: Courtney Bednarz, City Planner SUBJECT: Work Session: Antenna and Tower Code (Chapter 9 -12) DATE: January 22, 2008 INTRODUCTION As telecommunication towers become more prevalent and their technology improves, our City Code needs to be updated to facilitate their review. Our current Towers and Antennas ordinance is based on a League of Minnesota Cities model from the late 1990's. An update was done in 2000, but more improvements are needed. DISCUSSION Summary of proposed changes: 1. Permit and Lease Agreements (City Code 9 -12 -3) a. Language was simplified and shortened. 2. Height Requirements (City Code 9 -12 -4) a. This section needs to be simplified and updated. Industry representatives have been solicited for input on recommend height limits. We need to ensure our regulations are based on relevant research into current industry standards. 3. Towers in Specific Zoning Districts (City Code 9 -12 -5) a. "Public Land" has been added to the permitted areas and the existing bullet points have been consolidated. 4. Setbacks (City Code 9 -12-8) a. We have simplified this section and deleted some redundant or unnecessary language. 5. General Requirements (City Code 9 -12 -9) a. Relocated section covering Accessory Utility Buildings 6. Ground Mounted Equipment (City Code 9- 12 -10) a. We continually struggle with screening and aesthetic issues on outdoor equipment for tower and utility sites. Strengthening our standards may help avoid problems in the future. 0 ACTION REQUESTED • The Planning Commission is asked to discuss changes to Chapter 9 -12, Towers and Antennas. Respectfully submitted, " rOS5 Andy Cross Associate Planner Attachments Revised Cell Tower Regulations (Chapter 9 -12) E C J 0 0 • CHAPTER 12 ANTENNAS AND TOWERS SECTION: 9-12-1: Purpose 9 -12- 2: Definitions 9 -12- 3: Permit And Lease Agreement Required 9 -12- 4: Height Requirements 9 -12- 5: Zoning District Regulations 9 -12- 6: Co- location Requirements 9 -12- 7: Design Requirements 9 -12- 8: Setbacks 9 -12- 9: General Requirements 9- 12 -10: Ground Mounted Equipment 9- 12 -11: Nonconforming Antennas And Towers 9- 12 -12: Interference With Public Safety Telecommunications Prohibited 9- 12 -13: Damaged Or Destroyed Antennas And Towers 9- 12 -14: Abandoned Antennas And Towers 9- 12 -15: Variances 9- 12 -16: Violation; Penalties 9 -12 -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 Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270, 12 -5 -2000) 9 -12 -2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter. 1 ANTENNA: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna ", as defined in this chapter (unless otherwise noted), pertains to all of the following antennas: Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and /or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. Antenna, Radio And Television, Broadcasting Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna, Radio And Television Receiving: A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. Antenna, Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and /or receive radio or electromagnetic waves between terrestrially and /or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, TVROs (television, receive only), and satellite microwave antennas, but does not include personal TVRO satellite reception receivers. Antenna, Short Wave Radio Transmitting And Receiving: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used for the transmission and reception of radio waves used for short wave radio communications, and including the 0 0 L� 2 0 supporting structure thereof. Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a single supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e., cellular, paging, internet, etc.). CO- LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: A tower that is supported, in whole or in part, by wires and ground anchors. LATTICE OR SELF - SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the antenna to a height deemed necessary for adequate operation. 0 3 MONOPOLE TOWER: A single, self- supporting pole type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennas. PRIVATE PROPERTY: Land that is not "public property" as defined in this section. PUBLIC PROPERTY: Land owned or operated by a government entity. PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. SERVICE PROVIDER: Any individual or entity that provides wireless telecommunication services. TOWER: Any pole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. TOWER, MULTI -USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 270, 12 -5 -2000) 9 -12 -3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and antennas over thirty five feet (351 from around level shall require a conditional use permit and building permit approvals from the City. All towers and antennas on City -owned public property shall require a lease agreement with the City. Any changes to a tower or antenna shall require an amended conditional use permit. md or cool-mad on mrouahm or nuhl*= 4 9 -12-4: HEIGHT REQUIREMENTS: A In Commercial and Industrial zoning districts, towers and antennas may not exceed 150 feet in height. B In residentially zoned districts towers and antennas may not exceed 120 feet in height. C Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof of the building or structure. atc , 9 -12 -5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may s#ag be allowed only in the following residentially 0 1 See section 12 -15-6 of this code. - - - - - - . -. - - -__ WW]rJ&W ... 9 -12 -5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may s#ag be allowed only in the following residentially 0 1 See section 12 -15-6 of this code. zoned locations: (Ord. 270, 12 -5 -2000; amd. 2003 Code) a. Church sites, when camouflaged; • b. Public land including City water towers, schools, and Publicly-purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties: c. Utility and transmission structures located in public rights -of -way when attached thereto and d. Utility and transmission structures located outside of public rights -of -way, exclusively to serve the structures. ings when ea 2. Only one tower or monopole shall exist on any one residentially zoned . parcel of land. B. Commercial and Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may shall be allowed only in the following commercially and industrially zoned locations: a. Industrial JD zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use;. b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. d Utility and transmission structures located outside of public rights -of -way exclusively to serve these structures. 2. Only one tower shall exist on any one industrially or commercially T MIT= - - - - - - - - q M - c. Utility and transmission structures located in public rights -of -way when attached thereto and d. Utility and transmission structures located outside of public rights -of -way, exclusively to serve the structures. ings when ea 2. Only one tower or monopole shall exist on any one residentially zoned . parcel of land. B. Commercial and Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may shall be allowed only in the following commercially and industrially zoned locations: a. Industrial JD zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use;. b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. d Utility and transmission structures located outside of public rights -of -way exclusively to serve these structures. 2. Only one tower shall exist on any one industrially or commercially T zoned parcel of land. (Ord. 270, 12 -5 -2000) is 9 -12 -6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of 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. • 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. r (1 OF M@Fe heigM ' Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. A tower one hundred feet (1001 or more in height shall accommodate at least three (3) additional users. (Ord. 270, 12 -5 -2000) 9 -12 -7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12 -5 -2000) 7 9 -12 -8: SETBACKS: Towers shall conform with each of the following . minimum setback requirements: A. Towers and ground mounted equipment shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. C. A tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review ) 9 -12 -9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt from this provision. Utility : (NOTE: Section relocated to 9- 12 -10) 6. II . { 44. n E i4... • . dg=1u o =:ra : Supplemental Information: Applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; is d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h. Includes other information necessary to evaluate the request. 2. For all telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: • a. Proof that the proposed tower complies with regulations It administered by the Federal Aviation Administration; and 9 b. A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12 -5 -2000) 9- 12 -10• GROUND MOUNTED EQUIPMENT: A Ground mounted equipment and antennas shall be stored within a closed secure building All buildings accessory to a tower or antenna shall be architecturally designed to blend in with the surrounding environment. B Screening shall be provided in compliance with Chapter 12 -13 -5. 9 -12 -11 NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9 -12 -12 INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12 -5 -2000) 9 -12 -13 DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chapter. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50 %) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this chapter. (Ord. 270,12-5-2000; amd. 2003 Code) i 10 0 9 -12 -14 ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein, a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9 -12 -15 4 : VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance'. (Ord. 270, 12 -5 -2000) 9 -12 -16 VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be gt#ilf charged with a misdemeanor and, upon conviction thereof, shall be subject to applicable fines and imprisonment as defined by state law. In addition to the penalties imposed by this chapter, the city may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this chapter, including, without limitation, injunction. (Ord. 270, 12 -5 -2000) E 1 See section 12 -15 -7 of this code. 11