Loading...
1k. Zoning Ordinance Amendment re: Towers and Antennas ..! , . CITYOF - . , . cBANBAssEN , , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 '. (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Cynthia Kirchoff, Planner I DATE: September 17, 1997 SUBJ: Zoning Ordinance Amendment, Chapter 20, Article XXX, TOWERS AND ANTENNAS, to allow for temporary mobile towers BACKGROUND In November 1996, the City adopted an ordinance regulating towers and antennas. Although this ordinance addressed all the issues pertaining to permanent telecommunication towers at that time, it neglected to mention temporary mobile towers or cellular on wheels (COWs). The purpose of a temporary mobile tower is to provide service to customers prior to and during the construction of a permanent tower. In addition, COWs could be placed at a site during the search and negotiation for a permanent location or co- location agreement. Typically, the tower is stationed in a location for a short period of time (e.g.,120 days). The tower is placed on a trailer so that it is able to be moved. COWs would not be permitted in residential districts. PROPOSAL Staff has prepared an amendment to the ordinance to permit temporary mobile towers. This would be placed at the end of Article XXX. TOWERS AND ANNTENNAS after Section 20- 1521 Additional Submittal Requirements. Section 20 -1522. Temporary Mobile Towers Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an Administrative Permit and shall comply with the following standards: City Council September 17, 1997 Page 2 1. The height of the tower shall not exceed ninety (90) feet including trailer platform. 2. Temporary mobile towers shall maintain the setbacks as contained in Section 20 -1505. The setback shall be maintained from the trailer platform. 3. Temporary mobile towers shall be prohibited in residential zoning districts. 4. Temporary mobile towers shall have a minimum tower design windload of eighty (80) miles per -hour and shall comply with the requirements in Section 20 -1508. 5. A temporary mobile tower may be permitted for up to one hundred and twenty (120) days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to Section 20 -381. 6. Temporary mobile towers shall require a building permit and comply with Section 20 -1516. 7. Mobile units shall have the opportunity to appeal the administrative decision subject to Section 20 -1517. 8. Mobile units shall not interfere with public safety telecommunications subject to Section 20- 1520.1. Article I, Section 20 -1 Definitions is amended to include the definition of tower, temporary mobile. Tower, Temporary Mobile: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as Cellular on Wheels (COW). ANALYSIS Staff contends that the ordinance amendment will be beneficial to both the City and potential users. It allows for placement of a tower while protecting the City against adverse impacts because it regulates maximum height and setbacks. It will encourage potential users to search for a co- location site without compromising the service to their customers. City Council September 17, 1997 Page 3 PLANNING COMMISSION UPDATE On September 3, 1997, the Planning Commission reviewed the ordinance amendment. The commission expressed a concern over the 120 day maximum display period. However, the amendment was unanimously approved as presented. RECOMMENDATION Staff recommends that the City Council adopt the ordinance amendment to allow for temporary mobile towers. ATTACHMENTS 1. Ordinance Amendment. 2. Planning Commission minutes dated September 3, 1997. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE The City Council of the City of Chanhassen ordains: Section 1. Article I, Section 20 -1. Definition is amended to include the following: Tower, Temporary Mobile: Any mobile tower, pole, or structure located on a trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar apparatus for personal wireless services, also commonly referred to as Cellular on Wheels (COW). Section 2. Article XXX. TOWERS AND ANNTENNAS shall be amended by adding the following section: Section 20 -1522. Temporary Mobile Towers Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed or located shall require the processing of an Administrative Permit and shall comply with the following standards: 1. The height of the tower shall not exceed ninety (90) feet including trailer platform. 2. Temporary mobile towers shall maintain the setbacks as contained in Section 20 -1505. The setback shall be maintained from the trailer platform. 3. Temporary mobile towers shall be prohibited in residential zoning districts. 4. Temporary mobile towers shall have a minimum tower design windload of eighty (80) miles per -hour and shall comply with the requirements in Section 20 -1508. 5. A temporary mobile tower may be permitted for up to one hundred and twenty (120) days. Towers located on a site longer than this time shall require the processing of an interim use permit subject to Section 20 -381. 6. Temporary mobile towers shall require a building permit and comply with Section 20 -1516. 7. Mobile units shall have the opportunity to appeal the administrative decision subject to Section 20 -1517. 8. Mobile units shall not interfere with public safety telecommunications subject to Section 20- 1520. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 1996, by the City Council of the City of Chanhassen. ATTEST: Don Ashworth, Clerk/Manager Nancy K. Mancino, Mayor (Published in the Chanhassen Villager on .) Planning Commission Meeting - September 3, 1997 shall be denoted on the final grading and drainage plans prior to issuance of a building permit. The plan shall be submitted to the City for review and formal approval. 9. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc - mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 10. The sidewalks and trails on the site shall be constructed in conjunction with the overall site improvements and prior to issuance of a Certificate of Occupancy unless inclement weather conditions prohibit. 11. The sanitary sewer and water lines and storm sewer on the site will be privately owned and maintained by the property owner and not the City. The contractor will be responsible for obtaining the appropriate sewer, water and plumbing permits from the City's Building Department. Cross access easements for the utilities and driveways shall be dedicated over the lot. All voted in favor, except Conrad who abstained, and the motion carried. PUBLIC HEARING: AN AMENDMENT TO THE CITY CODE, CHAPTER 20, ARTICLE XXX, TOWERS AND ANTENNAS, TO ALLOW FOR TEMPORARY MOBILE TOWERS. Kate Aanenson presented the staff report on this item. Peterson: Any questions of staff? Conrad: So tell me where it can be located. It said non- residential. Aanenson: So it's consistent with the underlying district. So we don't allow those in a residential district except for city parks, so they're not allowed in any residential single family district. But they are allowed in city parks. ...the City Council can do a lease. That would still be the... Conrad: But it's on a truck. So it's located in a parking lot. Aanenson: Well whatever the site's going to be. It's in close proximity while they're under constriction. Conrad: And normally there's a fence around all our sites. So there's a fence around the trick. Generous: Mr. Chairman. The site that was on Quattro Drive, they had a...Eden Prairie water tower and really it's a trailer. 46 Planning Commission Meeting - September 3, 1997 Aanenson: Yeah. They're not fenced. We did have one in the City, right. Council...putting it in the ordinance someplace. We've had other people request to test the site before they put in an application and want to put in a temporary one... Conrad: It just seems strange to me that we get a 90 foot tower and a trailer that we can just drop off. Peterson: Modern technology. I saw it. It was there. Conrad: Yeah. Aanenson: They have to do the telemetrics to see if the site works first. Conrad: And I can understand that, yeah. But do we allow them 120 days? Aanenson: Well that's up to 120 days. If it's more than that, they have to come back through the process for an interim use. Conrad: And you feel that's right? Aanenson: In surveying... Joyce: They did it with that problem we had over. Aanenson: Correct, on Quattro. Generally just like to test on one of the City's water tower site. A couple days to set that up temporarily. But this one being a situation where testing would be a few days. This would be, if there's...when they're under construction, the other one is to test it. Blackowiak: I like Ladd's comment about the fence though. In terms of liability, don't we need to be concerned with. Aanenson: They still have to meet the setback requirements. Conrad: So the truck has to be parked the appropriate number of feet away from the side yard or whatever. Aanenson: Those underlying standards but because it's not permanent, you don't really make an investment in a fence if it's not permanent. And there's still some liability issues. Whoever the underlying property owner is. We had the same discussion when we went through it before. The underlying property owner, if they're going to put it on there, there's some insurance liability that they would take on... It's not on our property so there's liability to the underlying property owner. And that's...on a business property, it's their responsibility because they're allowing it on their property. So that would be negotiated with whoever has the... some security. So it's really not an issue of the City, as far as that point. If it was a lease on our property, then it'd be 47 Planning Commission Meeting - September 3, 1997 an interest of the City and we would have them, if it was a park or something like that, we would have them... Peterson: Other questions? This item is a public hearing. May I have a motion to open it for the same and a second please. Brooks moved, Joyce seconded to open the public hearing. The public hearing was opened. Peterson: Anyone wishing to address the Commission, please come forward. Seeing none, may I have a motion and a second to close the public hearing. Joyce moved, Sidney seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners? Joyce: I don't know. The 120 days I can see that being a little bit long. But otherwise it's fine. That's fine. I'm fine with it. Peterson: LuAnn. Sidney: Yeah, it seems reasonable. Peterson: Allyson. Brooks: Well I would agree that 120 days is kind of long but... Aanenson: ...standards were for somebody to construct one. If they were given a site... That was given to us by the industry. Peterson: Alison. Blackowiak: I'm fine with it. Peterson: Ladd. Conrad: I have a problem with it. Peterson: Do you know what the problem is? Conrad: It just seems real strange. One, I'm not wild about towers in general. And two, we're putting that on wheels now and. I just, well yeah. You put the word cow in there and then. I don't know. It's like, why. I can see the testing. I can see a limited testing time period. That makes sense. 120 days to me does, why do we need the tower up? They survive so far. I have a cell phone and I just, you know. I don't really have a problem with it ever. To put a tower on wheels and just park it without the same requirements we had before. 48 Planning Commission Meeting - September 3, 1997 Joyce: Well it would have the same requirements, wouldn't you? Aanenson: It has to meet the setback requirements. They have to get a building permit. It still have to meet the wind loads. The reasons these are coming about, for instance...or in a situation where the Council approves one, or Eden Prairie approved one but we worked to get it off site. We didn't want it...and in assisting in that we allowed them to put the cow on the site in order to get it in a better location. So that was advantageous for us. To have this leverage... Conrad: Okay. I can hear the... Aanenson: Yeah, that was one address. I don't think we'd want temporaries all over the place. Conrad: And we're not going to, right? Aanenson: I hope not. Actually the one. Conrad: We're not opening, seriously. ...we're going to have 5 or 10 mobile. Aanenson: The good news is NSP is not allowing them on their high tension power lines. We've got one that's coming...not adding another tower. So they've had enough pressure... Peterson: I don't have any additional comments. Brooks moved, Sidney seconded to approve an amendment to the City Code, Chapter 20, Article XXX, Towers and Antennas, to allow for temporary mobile towers. All voted in favor and the motion carried. NEW BUSINESS: Aanenson: Talk about the meeting on the 17` We'll be talking about the Bluff Creek plan. ...element of the comprehensive plan. We do have a car dealership application down in the BF district. The one that the Council approved...resolved on Famous Dave's that will be back on. With a complete application. That's what will be on the 17` And again we do have Mr.....coming for the workshop so we may start a little earlier. Actually the 1 is the work session. We'll probably meet somewhere. Blackowiak: 6:00 then or something? Okay. I will not be here on the 17` I will be gone. Just so you know. On the record. APPROVAL OF MINUTES: Sidney noted the Minutes of the Planning Commission meeting dated August 20, 1997 as presented. Chairman Peterson adjourned the meeting at 10:45 p.m. 49