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HomeMy WebLinkAbout12.C. Civil Defense Siren/Co-location of Telecommunications Services Text Amendment-Ord. No. 813 CITY OF SHAKO PEE /3.. c. Memorandum CASE NO.: 08-060 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Civil Defense Siren/Co-location of Telecommunication Services Text Amendment MEETING DATE: February 17, 2009 REVIEW PERIOD: Proposal initiated by City staff INTRODUCTION At the direction of the Planning Commission, staff has prepared a text amendment regarding the co- location of telecommunication services on civil defense sirens. The Planning Commission reviewed the proposed text amendment at its February 5 meeting and recommended approval of the amendment, as presented, to the City Council. A copy of the Planning Commission report is attached for the Council's reference. AL TERNA TIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Deny the text amendments. 4. Table action.on this item and direct staff to prepare additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1, approval of the text amendment, as presented. ACTION REQUESTED Approve Ordinance No. 813, An Ordinance Amending Chapter 11, as presented, and move its adoption. iltitf~ . lanner II h:\cc\2009\02-17\08060 txt amend cell towers.docx 1 ORDINANCE NO. 813, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City Code Chapter 11 (Zoning) is amended, as follows: Underlined language is to be added and struckthrough language is to be deleted. Sections 11.33 Planned Residential District, Subd. 4. E; 11.35 Neighborhood Commercial, Subd. 4.E; and 11.37 Community Commercial, Subd. 5.E (all subsequent entries to be relettered in each those sections) shall add the following language: Communication service apparatus/device(s) as permitted accessory uses, subiect to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device( s )/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencIes; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: . City parks of sufficient size and character that are adiacent to an existing commercial or industrial use; . Commercial recreation areas and maior playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. The following language be added to the following districts: 2 . Sec. 11.24 Rural Residential (RR), Subd. 4.N (all subsequent entries to be relettered); . Sec. 11.25 Sewered Rural Residential (SRR), Subd. 4.N (all subsequent entries to be relettered); . Sec. 11.26 Low Density Residential (RIA), Subd. 4.J (all subsequent entries to be relettered); . Sec. 11.28 Urban Residential (RIB), Subd. 4.J (all subsequent entries to be relettered); . Sec. 11.30 Old Shakopee Residential (RIC), Subd. 4.1 (all subsequent entries to be relettered); . Sec. 11.32 Medium Density Residential (R2), Subd. 4.K (all subsequent entries to be relettered); . Sec. 11.33 Planned Residential District (PRD), Subd. 4. F (all subsequent entries to be relettered); . Sec. 11.34 Multiple Family Residential (R3), Subd. 4.K (all subsequent entries to be relettered); . Sec. 11.35 Neighborhood Commercial(NC), Subd. 4.F (all subsequent entries to be relettered); . Sec. 11.36 Highway Business (Bl), Subd. 5.G (all subsequent entries to be relettered); . Sec. 11.37 Community Commercial (CC), Subd. 5.F (all subsequent entries to be relettered); . Sec. 11.38 Office Business (B2), Subd. 4.E (all subsequent entries to be relettered); . Sec. 11.40 Central Business (B3), Subd. 4.F (all subsequent entries to be relettered); . Sec. 11.42 Major Recreation (MR), Subd. 4.E (all subsequent entries to be relettered); Listed as permitted uses subject to the following conditions: Towers for Commercial Wireless Telecommunications Services shall only be allowed subiect to the following conditions: 1. Shall also operate as a public utility structure; 2. Shall be located within the public rights-of-way; 3. Shall be limited to 75 feet in height; 4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure; 5. No setback shall be required when located in the public rights-of-way; 6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation; 7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencIes; 8. Shall be protected with corrosive resistant material; 9. Signage shall not be allowed on the tower other than danger or warning type signs; 10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 11. Must be built to accommodate antennas being placed at varying heights on the tower; 12. Existing vegetation on the site shall be preserved to the maximum extent possible; 13. Shall be surrounded by a security fence 6 feet in height with a lockable gate; 14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible; 15. Applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 3 16. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (112) mile search radius ofthe proposed tower for any of the following reasons: a. the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer. b. the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. c. existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer. d. the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. 17. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. . After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of ,2009. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance 813", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2009. 4 Official Summary of Ordinance No. 813 The following is the official summary of Ordinance No. 813, Fourth Series, approved by the City Council ofthe City of Shako pee, Minnesota on February 17,2009. ORDINANCE 813, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11 (ZONING) OF THE CITY CODE 1. Revises portions of Chapter 11 (Zoning) of the City Code. 2. Establishesregulations for communication service apparatus/device(s) in certain zoning districts. 3. Establishes regulations and criteria for the construction of towers for commercial wireless telecommunications services in certain zoning districts. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and the Shakopee Library. 5 CITY OF SHAKO PEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II 'RE: Civil Defense Sirens/Co-location of Telecommunication Services DATE: February 5, 2008 CASELOG #08060 INTRODUCTION At its December meeting, the Planning Commission directed staff to prepare a text amendment addressing the co-location of telecommunication services on civil defense siren poles. As was discussed in December, this issue was initially raised by representatives of AT&T as a potential solution to provision of service within areas of Shakopee. DISCUSSION The City of Shakopee currently allows the co-location of telecommunication services on existing structures within the commercial and residential zoning districts. The current regulations were developed with the assistance of the City Attorney, and do not allow for the construction of service towers within these districts. The City Attorney has determined that removing the existing civil defense siren poles and replacing them with poles of adequate height to both house the civil defense siren and meet the needs of the telecommunication services would be equivalent to the construction of a telecommunication tower and is not allowed by Code. The following residential and commercial districts allow co-location as a permitted accessory use subject to conditions. . Sec. 11.24 Rural Residential (RR) . Sec. 11.25 Sewered Rural Residential (SRR) . Sec. 11.26 Low Density Residential (RIA) . Sec. 11.28 Urban Residential (RIB) . Sec. 11.30 Old Shakopee Residential (Rl C) . Sec. 11.32 Medium Density Residential (R2) . Sec. 11.34 Multiple Family Residential (R3) . Sec. 11.36 Highway Business (Bl) . Sec. 11.38 Office Business (B2) . Sec. 11.40 Central Business (B3) . Sec. 11.42 Major Recreation(MR) The conditions required in these districts are: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device( s )/apparatus; ,., lights and/or flashing equipment shall not be permitted unless required by state or federal -'. agencIes; 4. signage shall not be allowed on the communication service device(s )/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and anteImas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: . City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; . Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. The City Code does contain several zoning districts that are silent on the issue of communication towers and co-location of communication devices because these districts were added after the initial language regarding communication services was adopted. As a general proposition, where a zone is silent on the use, it is deemed to be not a permitted use. As a result, the proposed text amendment is intended to serve two functions. 1. To update the Zoning Ordinance to include provisions for communication services in zoning districts that are currently silent on the issue and where it is appropriate for these services to be provided; and 2. To amend the Zoning Ordinance to address the provision of communication towers in residential and commercial districts subject to conditions. Staff proposes the following changes to the City Code. Underlined language is to be added and struckthrough language is to be deleted. Sections 11.33 Planned Residential District, Subd. 4. E; 11.35 Neighborhood Commercial, Subd. 4.E; and 11.37 Community Commercial, Subd. 5.E (all subsequent entries to be relettered in each those sections) shall add the following language: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device( s )/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device( s )/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: . City parks of sufficient size and character that are adiacent to an existing commercial or industrial use; . Commercial recreation areas and maior playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. This addition will allow co-location as a permitted accessory use in zoning districts where it is appropriate but not currently allowed. In addition, staff proposes the following language be added to the following districts: . Sec. 11.24 Rural Residential (RR), Subd. 4.N (all subsequent entries to be relettered); . Sec. 11.25 Sewered Rural Residential (SRR), Subd. 4.N . Sec. 11.26 Low Density Residential (RIA), Subd. 4.J . Sec. 11.28 Urban Residential (RIB), Subd. 4.1 . Sec. 11.30 Old Shakopee Residential (Rl C), Subd. 4.J . Sec. 11.32 Medium Density Residential (R2), Subd. 4.K . Sec. 11.33 Planned Residential District (PRD), Subd. 4. F . Sec. 11.34 Multiple Family Residential (R3), Subd. 4.K . Sec. 11.35 Neighborhood Commercial (NC), Subd. 4.F . Sec. 11.36 Highway Business (Bl), Subd. 5.G . Sec.' 11.37 Community Commercial (CC), Subd. 5.F . Sec. 11.38 Office Business (B2), Subd. 4.E . Sec. 11.40 Central Business (B3), Subd. 4.F . Sec. 11.42 Major Recreation (MR), Subd. 4.E Listed as permitted uses subject to the following conditions: Towers for Commercial Wireless Telecommunications Services shall only be allowed subiectto the following conditions: 1. Shall also operate as a public utility structure; 2. Shall be located within the public rights-of-way; 3. Shall be limited to 75 feet in height; 4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure; 5. No setback shall be required when located in the public rights-of-way; 6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation; 7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 8. Shall be protected with corrosive resistant material; 9. Signage shall not be allowed on the tower other than danger or warning type signs; 10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or a?proved towers and prove that the ?lanned tower will not interfere with existing communications for public safety purposes; 11. Must be built to accommodate antennas being placed at varying heights on the tower; 12. Existing vegetation on the site shall be preserved to the maximum extent possible; 13. Shall be surrounded by a security fence 6 feet in height with a lockable gate; 14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible; 15. Applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 16. no tower shall be permitted unless the equipment ?lanned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half 0/2) mile search radius of the proposed tower for any of the following reasons: a. the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engmeer. b. the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. c. existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer. d. the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. 17. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. AL TERNA TIVES 1. Recommend approval of the text amendment to the City Council, as proposed. 2. Recommend approval of the text amendment to the City Council, with revisions. 3. Recommend denial of the text amendment to the City Council. 4. Table action on this item and direct staff to provide additional information. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the text amendment, as proposed, to the City Council (Alternative No.1). ACTION REQUESTED Offer a motion to recommend to the City Cow1cil the approval of the text amendment, as proposed, and move its adoption. c11[7 ,_ ' ,/ , / I. U ie Kli a . Planner II