Loading...
HomeMy WebLinkAbout9B Antenna Ordinance ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 5, 2017 AGENDA #: 9B PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: CONSIDER APPROVAL OF AN ORDINANCE REVISING CITY CODE PART 11 RELATED TO TOWERS AND A RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICATION Current Circumstances The City of Prior Lake recently updated its right-of-way ordinance in relation to antennas and towers in the right-of-way. In concert with those revisions, staff has been working on similar revisions for towers outside of the right-of- way. The attached ordinance updates the City’s regulations for towers outside of the right-of-way. The ordinance centralizes and clarifies the regulations for ease of administration and understanding. The Planning Commission held a duly noticed public hearing on this ordinance on August 28, 2017. The Planning Commission unanimously recommended approval of the ordinance amendments as proposed. The only revision that has been made to the ordinance since the Planning Commission’s review was to clarify that the exception applies to public safety towers and public water towers. This ordinance changes the zoning designation for towers and as such clarifications or revisions may be necessary as staff works to implement the ordinance. The costs related to this ordinance will be addressed in the same manner as other planning and zoning costs. ALTERNATIVES: 1. Motion and second to adopt the ordinance and resolution as proposed. 2.Motion and second to deny the ordinance and resolution. 3.Motion and second to table the item and provide staff with direction. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _____________ AN ORDINANCE AMENDING CITY CODE TITLE 11 RELATING TO TOWERS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1.City Code Part 11, Subsection 1101.400 is amended by deleting the following definitions: Communications Tower. Any ground or roof mounted pole, spire, structure or combination thereof including supporter lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above ground. Essential Service Equipment Shelters. Buildings or structures used for the storage of equipment related to an essential service. Essential Services. Services and utilities needed for the health, safety and general welfare of the City. The essential services include, but are not limited to, underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, fire alarm boxes, police call boxes, traffic signals, hydrants, or other equipment and accessories in conjunction therewith, bridges, roads, and railroads. 2.City Code Part 11, is amended by deleting Subsection 1101.315, which reads as set forth below, and renumbering Subsection 1101.316 to 1101.315. 1101.315 Essential Services. Essential services, as defined by this Ordinance, shall be permitted as authorized and regulated by State Statute and Ordinances of the City of Prior Lake. 3.City Code Part 11, Subsection 1102.1204 is amended by deleting the third bullet reading “Towers subject to Sections 1110”. 4.City Code Part 11, Subsection 1102.1403 is amended by deleting provision (7), which reads as set forth below, and renumbering provisions (8) through (14) as (7) through (13) respectively. (7)Antennas & Communications Towers. In addition to the findings required under Section 1108.202, the Planning Commission shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of Section 1108. Such conditions include, but are not limited to, the following: a.All structures shall be located a minimum of 100 feet from any property line of property in any “R” use district. b.All structures shall be located a minimum of 60 feet from any adjacent lot line. 2 c.No light, sound or vibration originating from the structure shall be discernible at the property line of any adjacent lot line in an “R” use district. 5.City Code Title 11 is amended by deleting Section 1110 in its entirety and replacing it with the following: Section 1110 1110.100 Purpose and Intent: In order to accommodate the needs of residents and businesses while protecting the public health, safety and general welfare of the community, the City Council finds these regulations are necessary to: (1)Maximize the use of existing and approved towers and buildings to accommodate new equipment in order to reduce the number of new towers necessary to serve the community. (2)Ensure towers are designed, located and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the tower through structural standards and setback requirements. (3)Require tower equipment to be screened from the view of persons located on properties contiguous to the site and/or to be camouflaged in a manner to complement existing structures to minimize adverse visual effects of towers. 1110.200 Definitions: Equipment. Any tangible asset placed upon a tower, including, but not limited to, conduits, cables, wires, antennae, dishes and other attachments. Tower. Any ground or roof mounted pole, spire, structure or combination thereof, and any attached equipment, which is taller than 10 feet. 1110.300 APPLICATION AND SCOPE: Except as otherwise stated herein, this Section applies to all towers except for those towers located in the right -of- way which are governed by City Code Section 707. 1110.400 Building Permit Required: No tower or equipment shall be constructed, altered or expanded without first obtaining a building permit. 1110.500 Use Districts: Towers are allowed as Uses Permitted By Condition in all Use Districts subject to the conditions of this Section. 1110.600 Height Restrictions: 1110.601 Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all equipment. When towers are mounted upon other structures, the combined height of the structure at the tower's point of attachment and tower must meet the height restriction of this subsection. 3 1110.602 Maximum Height. Except as provided in subsection 1110.603, maximum heights for towers are as follows: (1)In all Residential Use Districts towers shall not exceed 45 feet. (2)In all Town Center Use Districts towers shall not exceed 45 feet. (3)In all Commercial, Business and Industrial Use Districts towers shall not exceed 1 foot for each 4 feet the tower is setback from the nearest lot line in a Residential Use District up to a maximum of 52.5 feet. (4)In all Agricultural Use Districts towers shall not exceed 1 foot for each 4 feet the tower is setback from the nearest lot line in a Residential Use District up to a maximum of 112.5 feet. 1110.603 Exceptions. The following are exceptions to the maximum height restrictions for towers: (1)Amateur Radio Antenna. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers supporting amateur radio antennas that comply with all other requirements of this Section are exempted from the height limitations of this subsection up to a total height of 70 feet, provided that such height is technically necessary to receive and broadcast amateur radio signals. Subject to approval of a Conditional Use Permit, the Planning Commission may permit heights above the 70 foot height limitation if deemed necessary to permit reasonable use of an FCC license. (2)Conditional Use Permit. Subject to approval of a Conditional Use Permit, the Planning Commission may permit heights in excess of those set forth in subsection 1110.602 upon determining that the proposed height is reasonably necessary. 1110.700 Setbacks and Siting: Towers shall conform to each of the following minimum setback requirements: (1) In all Residential Use Districts the required setback for a tower shall be equal to the height of the tower including all equipment. (2)In all districts other than Residential Use Districts towers shall meet the principal structure setbacks of the underlying Use District with the exception of the I-1 (Industrial) Use District, where towers may be located 5 feet from the rear property line, provided that the rear property line abuts another property in the I-1 Use District and the tower does not encroach on any drainage or utility easements. (3)No more than one tower may exist at any one time on a property in a Residential Use District. (4)Towers shall not be located in any drainage or utility easement absent written permission from the holder of the easement. (5)Towers shall not be located between a principal structure and a public street, with the following exceptions: ➢In the I-1 (Industrial) Use District, towers may be placed within a side yard abutting a street if the street is abutted on both sides by the Industrial Use District. 4 ➢On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. (6)Subject to approval of a Conditional Use Permit, the Planning Commission may permit reduction of a tower's setback or variation of a tower’s location to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line support device, or similar structure. 1110.800 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 for camouflage purposes, light fixtures used to illuminate parking lots or other similar areas may be attached to the tower. 1110.900 Signs And Advertising: No sign, advertising or identification of any kind intended to be visible from the ground or other structure is permitted, except applicable warning and equipment information signage required by the manufacturer or by Federal, State or local authorities. 1110.1000 Design: Towers and equipment shall meet the following requirements: (1)Towers shall be designed to blend into the surrounding environment to the maximum extent possible through the use of building materials, colors, texture, screening, landscaping and other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. (2)Towers shall be of a monopole design. Alternative designs which would better blend into the surrounding environment may be approved by the Planning Commission through a Conditional Use Permit. (3) Towers shall be designed and constructed in a manner that ensures no light, sound or vibration originating from the tower is discernible at the lot line of any property in a Residential Use District. 1110.1100 Accessory Equipment Shelters: Equipment shelters are permitted as an accessory use to a tower subject to the following regulations: (1)An equipment shelter shall not exceed 336 square feet in area. (2)Exterior building materials for equipment shelters shall be brick or a material which simulates the appearance of a brick fascia, and shall be architecturally compatible with the surrounding area. (3)Equipment shelters must meet the setbacks of the underlying Use District, except that setbacks between equipment shelters may be varied so long as the proximity does not create a health or safety issue. (4)There shall be no outside storage permitted as part of the equipment shelter. (5)In order to avoid unsightliness and to mitigate against possible diminution in property values, the location and placement of an equipment shelter shall be subject to site plan review. The site plan must receive approval of the 5 Community and Economic Development Director, the City Engineer and the Building Official. 1110.1200 Abandoned Or Unused Towers Or Portions Of Towers: Abandoned or unused towers or equipment or portions thereof shall be removed as follows: (1)All abandoned or unused towers and equipment shall be removed within 12 months of the cessation of operations at the site. If the tower is leased, a copy of the relevant portions of a signed lease which required the applicant to remove the tower and equipment upon cessation of operations at the site shall be submitted at the time of application for a building permit. In the event a tower or equipment is not removed within 12 months of the cessation of operations at the site, the tower and equipment may be removed by the City and the costs of removal may be assessed to the property owner. (2)After the tower and/or equipment are removed, the site shall be restored to its original or an improved state. 1110.1300 Co-Location: All towers shall comply with the following requirements: (1)A new tower will not be approved unless the applicant demonstrates that the equipment cannot be accommodated on an existing tower or that a good faith effort to co-locate on existing towers was made, but an agreement could not be reached. (2)All towers shall be designed and constructed to accommodate future co- location of equipment unless the applicant demonstrates that such design or construction is impractical. The applicant shall state in its application that it shall use good faith efforts to permit co-location provided the additional user agrees to reasonable terms and the additional equipment will not have a demonstrable negative impact on structural integrity or service. 1110.1400 Exceptions: The regulations in this Section 1110 shall not apply to public safety towers or public water towers. 6.City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 7.This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of September, 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the 16th day of September, 2017. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On September 5, 2017, the City Council adopted Ordinance No. ____ relating to towers outside of the right-of-way; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 11 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1.The recitals set forth above are incorporated herein. 2.Ordinance No. _____________ is lengthy. 3.The text of summary of Ordinance No. __________________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4.The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5.A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after September 5, 2017. PASSED AND ADOPTED THIS 5TH DAY OF September 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING CITY CODE TITLE 11 RELATING TO TOWERS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. ____________. The full text will be available for public inspection after September 5, 2017 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 11 of the City Code relating towers outside of the right-of-way. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 5th day of September 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 16th day of September 2017.