6.4. SR 08-17-1998ity of
iver
FROM:
DATE:
MEMORANDUM
Item # 6.6.
Mayor and City Council
Scott Harlicker, Planning Assistant~
August 17, 1998
SUBJECT:
Request by City of Elk River for
Ordinance Amendment, Public
Hearing Case No. OA 98-2
Request
Consider a request by the City of Elk River for an ordinance amendment to
setback requirements for telecommunication towers.
Attachments
· Ordinance 98-
· Existing ordinance
Overview
At the June 23rd Planning Commission, the Commission asked staff to look at
amending the setback requirements for telecommunication towers. This issue
was brought to light as a result of US West's request for a variance to the
setback requirements. The current setback requirement is the height of the
tower from all property lines.
The current setback requirements makes it difficult to locate property that
can meet the setback requirement. The setback places the tower near the
center of most lots, which would restrict future development of vacant
property and is complicated on property that is developed because of where
the way buildings are usually situated. It should also be noted that both the
AT&T tower and the tower constructed by APT were approved prior to the
current setback requirements and do not meet the current setback
requirements.
Staff reviewed the setback requirements for other communities, they deal
with them in a variety of ways:
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council]OA 98-2
Augst 3, 1998
Page 2
Setback Requirements From propert,V Lines
Ramsey
Brooklyn Park
Brooklyn Center
Minneapolis
Bloomington
Richfield
Chanhassen
Rosemount
underlying zone reqmrements
underlying zone requirements
underlying zone reqmrements
underlying zone reqmrements
underlying zone reqmrements & a 4 foot setback for every
one foot tower height ~n residential zones
underlying zone requirements & a setback 1.5 times the
tower height in residential zones
underlying zone requirements & and a setback equal to
the height of the tower in residential zones
height of tower or within 500 feet of a residential
structure
Setbacks could be used to help direct towers to areas of the city that are best
suited to accommodate them. Having setbacks equal to the underlying zone
requirements in industrial areas would encourage cellular providers to locate
towers in industrial districts, while making it more difficult to find a site
large enough to meet the setback requirements in residential and commercial
areas.
Cellular providers are claiming that towers do not fall over but bend and
collapse at certain stress points. Engineered fall zone analysis conducted by a
qualified structural engineer should be included with each application. This
report would specify in writing that any collapse of a tower would occur
within a specified fall zone within a lesser distance than the setback.
Planning Commission Meeting
At the July 28th Planning Commission meeting the representative from U.S.
West offered information on setback requirements in other communities that
he had worked with. All had setback requirements that were less than or
equal to the underlying zoning requirements. The Commission discussed
setback requirements along with language regarding the placement of towers
on the lot. The Commission recommended additional language specifying the
placement of towers in relation to public streets.
Recommendation
The Planning Commission recommended the City Council approve the
attached ordinance which sets the setback requirements in industrial zones
at 30 from the front property line, 25 feet from the side property line and 20
feet from the rear property line. Setbacks in all other zones and from any
\\elkriver\sys\shrdoc\planning\scott\oa98-2cc.doc
Memo to Mayor and City Council/OA 98-2
Augst 3, 1998
Page 3
property line abutting a residential use be the height of the tower. To verify
the tower will not collapse over the property line, an engineered fall zone
analysis documenting that any collapse of a tower would occur within a
specified fall zone within a lesser distance than the setback will have to be
provided. Language regarding the placement of towers between a principal
structure and a public street was amended to read," Towers shall not be
located between a principal structure and an adjoining public street."
\\elkriver\sys\shrdoc\planning\scott\oa98-2cc.doc
ORDINANCE 98 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.12 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 98-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12.19 of the City of Elk River Code of ordinances
titled "Permitted, Accessory, and Conditional Uses" is hereby amended to read as
follows:
I. Tower Setbacks and Tower Height. Towers shall conform with each of the
following requirements:
i. Towers shall not be located between a principal structure and
an adjoining public street.
ii. In industrial zones towers and accessory structures shall be
setback 30 feet from the front property line, 25 feet from the side
property line and 20 feet from the rear property line. In all other
zones and from any property hne abutting a residential use, towers
and accessory structures shall meet setback requirements equal to
the height of the tower from all property lines.
iii. The maximum height of any tower, including antennas and
other attachments, shall not exceed 150 feet.
iv. The height of a tower may be increased by 24 feet to
accommodate each additional user above those required by co-location
up to a maximum height of 198 feet.
v. Engineered fall zone analysis shall be conducted by a qualified
structural engineer; this report shall specify in writing that any
collapse of the tower would occur within a specified fall zone within a
lesser distance than the setback.
Section 2. That this ordinance shall take effect upon publication as
provided by law.
Passed and adopted by the City Council of the City of Elk River this , 1998.
day of
Henry A. Duitsman
Mayor
Sandra A. Peine
City Clerk
s:Xdocument\ordinanc\oa98-2.doc
approved design of the tower, light fixtures used to
illuminate ball fields, parking lots, or similar areas may
be attached to the tower at the City's discretion.
h ower Setbacks and Tower Height. Towers shall conform
each of the following requirements:
i. Towers shall not be located between a principal
structure and a public street.
ii. Towers shall meet setback requirements, equal to
the height of the tower, from all property lines.
iii. The maximum height of any tower, including
antennas and other attachments, shall not exceed 150
feet.
iv. The height of a tower may be increased by 24 feet
to accommodate each additional user above those
required by co-location up to a maximum height of 198
feet.
K. Time Limit on Tower Completion. Once a tower is approved
by the City, the tower must be substantially completed
within one year, including any structures accompanying the
tower, following the date of tower approval.
L. Interference with Public Safety Telecommunications. No
new or existing telecommunication service shall interfere
with public safety telecommunication. All applications for
new service shall be accompanied by an intermodulation study
which provides a technical evaluation of existing and
proposed transmissions and indicates all potential
interference problems. Before the introduction of new
service or changes in existing service, telecommunication
providers shall notify the City at least 10 calendar days in
advance of such changes and allow the City to monitor
interference levels during the testing process.
M. Support of Public Warning Systems. Telecommunication
providers that utilize antennas erected after the effecsive
date of this ordinance shall participate in the Emergency
Alert System (EAS), as defined by FCC Rules and Regula%ions,
Part 11, by broadcasting warnings of severe weather and
other life threatening emergencies to users of personal
communicasions equipment served by the antennas.
Telecommunication providers may be exempt from the
requirements of this section under the following
circumstances:
i. The telecommunication provider demonstrates that
participation in EAS is not technologically feasible;
9.54
ORDINANCE 98-__
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY TO AT (ANTENNA OVERLAY)
CASE NO. ZC 98-5
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is
hereby amended to rezone the property described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following
findings:
The rezoning is compatible with the surrounding land uses and
would not adversely affect the property under consideration for
rezoning.
The proposed rezoning is necessary in order to provide effective
wireless telecommunication coverage for the city.
o
The rezoning is in accordance with the Comprehensive Plan for
the city.
Section 3. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this __
of the City of Elk River.
day of August, 1998 by the City Council
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Peine, City Clerk
f:Xshrdoc\document\ordinancXzc98-5.doc
EXHIBIT A
ELK RIVER INDUSTRIAL
LOT 4, BLOCK 2
/
/9166
/9/~/