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CR 91-55 Ordinance Amendment - Transmission Towers ----- 1 y 0 \ V -'" . m February 27, 1991 ",. '" Council Report: 91-55 o P K \ ~ ORDINANCE AMENDMENT - TRANSMISSION TOWERS Proposed Action. Staff recommends approval of the following motion: Move to adopt Resolution No. ~(91-11 approvinq Ordinance 91-672 requlatinq transmission towers and antennas for first reading. Approval of this motion will amend the zoning ordinance to regulate the placement and construction of transmission towers. The Commission on a 5-0 vote approved resolution RZ91-4 recommending approval of Ordinance 91-672. Mr. Novak abstained. Overview. Last November the city Council approved a 6 month moratorium on the construction of radio, TV and communication antenna/towers. This moratorium was enacted because of several inquires on the possibility of putting antennas or radio towers in the City. The heights of the proposed towers have ranged from 100 feet to over 300 feet. The zoning ordinance allows antennas and towers in all zoning districts . through the conditional use permit process. The current zoning ordinance does not contain specific standards to provide much guidance on the erection of large antennas or towers in the city. staff reviewed the ordinance with the commission. The commission placed a height limitation of 40 feet for a commercial transmission tower. Staff would like to discuss the height limitation at greater detail at the meeting. Primary Issues to Consider. 0 What zoning districts will commercial transmission towers be allowed? 0 will residents be allowed to have an antenna? 0 How will the proposed ordinance regulate commercial transmission towers? Supportinq Documents. 0 Analysis of Issues 0 Alternatives 0 Resolution No. R91-11 0 Ordinance No. 91-672 ~ , \rvno . Nancy Planne ~ CR: 91-55 Page 2 primary Issues to Consider. o Will residents be allowed to have an antenna? The Zoning Ordinance will still allow a resident to erect an antenna that is 50% higher than the height allowed in the district. An example would be if the maximum height for the zoning district is 35 feet, the antenna could be 52 feet in height. 35 feet + 17 feet (1/2 of 35) = 52 feet. This is what the existing zoning ordinance allows and will continue to allow. o What zoning districts will commercial transmission towers be allowed? Commercial transmission towers will be allowed only in the two industrial districts. o How will the proposed ordinance regulate commercial transmission . towers? The difference between the existing and the proposed ordinance is that the proposed ordinance has standards for the granting of a conditional use permit. The proposed ordinance contains requirements such as screening, setbacks, fencing, and shared use requirements. The proposed ordinance will give the Commission and the City council standards to grant or deny a conditional use permit in the future. Alternatives. 1. Recommend approval of the ordinance. By recommending approval commercial transmission towers will regulated by a conditional use permit. 2. Recommend denial of the ordinance. By recommending denial of the proposed ordinance the Commission and city Council will have no standards to base approval or denial of any proposed transmission towers. 3. Continue for further information. If the Council indicates further information is needed, the item should be continued. . - - .-- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 91-672 AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE SECTION 560 PERTAINING TO ANTENNAS BE IT ORDAINED, by the City Council of the city of Hopkins as follows: That the Hopkins zoning Ordinance No. 515 be and the same is hereby amended by adding the following provisions: section 515 - Zoninq Code: definitions subd. 8. Antenna: a system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any structure. Subd. 115. Transmission Tower - commercial: a structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone . communications, excluding those used exclusively for public safety communications. An AM radio tower is its own transmitting antenna. Subd. 116. Transmission tower - heiqht: The height of a transmission tower shall be the total maximum to which it 1.S capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground- mounted or roof-mounted. All subsections following these subsections are hereby renumbered. That the Hopkins Zoning Ordinance No. 540 is hereby amended as follows: 540.03 Conditional uses: I districts. The following uses are permitted conditional uses in I districts: b) Transmission Tower - commercial subject to section 560.02 That the Hopkins Zoning Ordinance No. 560 is hereby amended as follows: 560.01. Additional requirements. Subdivision 1. Heiqht. e Height limitations as set forth in all zoning districts may be increased by 50% when applied to the following: a) antennas in residential districts b) belfries . . c) church spire and steeples d) cooling towers e) elevator penthouse f) flag poles g) smoke stacks h) water towers Subd. 2. Excess. Heights in excess thereof for such purposes may be permitted only by a conditional use permit. 560.02. Transmission Tower - Commercial. Commercial transmission towers shall be permitted with a conditional use permit in the industrial districts subject to the following conditions: a) commercial transmission towers shall be 1n compliance with all city building and electrical code requirements; . b) verification that the structural design has been approved by a professional engineer; c) verification that the mounting system and installation have been approved by a professional engineer; d) submission of written authorization from the property owner; e) no advertising message shall be on the tower structure; f) shall comply with setback requirements for principal structures and in no event shall be located between the principal structure and the front lot line; g) transmission towers that are not self-supporting shall be supported by objects within the property lines but not in any front-yard areas; h) the base of tranmission towers, including guy wires, supporting and accessory structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. screening shall include landscape materials or architectural features that harmonize with the elements and characteristics of the property for e ground mounted towers and materials compatible with those utilized on the exterior of the building for roof mounted antennas; i) towers located closer to a property line than the height of the tower shall be designed and engineered to collapse progressively within the distance between the tower . . and the property line except if there is a use that the city Council indicates will not be affected by a tower collapsej (i.e. railroad right-of-way, lake, creek, unbuildable land) j) towers shall be in compliance with all applicable federal communications commission (FCC) requirementsj k) towers shall be in compliance with all applicable federal aviation administration (FAA) requirementsj 1) towers shall require security fencing of 10 feet in height around the basej m) towers shall not be artificially lighted unless required by the FAA or state aeronautics divisionj n) at least two off-street parking spaces and one additional space for each two on-site personnel will be providedj 0) all transmission towers shall be built to structurally accommodate the maximum number of foreseeable uses technically practicablej . p) no conditional use permit will be granted for a transmission tower until the existing transmission tower is fully utilized. q) that one commercial transmission tower is allowed per site. r) that the maximum height of a commercial transmission tower is 40 feet. 560.03. Antennas. Antennas used for a commercial use may be attached to existing structures in residential and business districts providing no antenna is 20 feet taller than the existing structure. Only two antennas maybe allowed on an existing structure. First Reading: February 5, 1991 Second Reading: February 19, 1991 Date of Publication: March 6, 1991 Date Ordinance is Effective: March 26, 1991 e Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk r , . CITY OF HOPKINS Hennepin county, Minnesota RESOLUTION NO: 91-11 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR A ZONING AMENDMENT REGULATING TRANSMISSION TOWERS WHEREAS, an application for a zoning amendment entitled ZN:91-1 regulating transmission towers made by the city of Hopkins is hereby recommended for approval. WHEREAS, the procedural history of the amendment is as follows: 1. That the application for zoning amendment was filed with the City of Hopkins on January 2, 1991. 2. That the Hopkins Planning commission reviewed such application on January 29, 1991. 3. That the Hopkins Planning commission, pursuant to published notice, held a public . hearing on January 29, 1991; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for zoning amendment ZN: 91-1 is hereby approved subject to the following Findings of Fact: 1. That the proposed ordinance will regulate transmission towers in the City. 2 . That commercial transmission towers will be allowed in the industrial districts with a conditional use permit. Adopted this 5 day of March, 1991. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk e