6.9. & 6.10. SR 07-19-1999
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ITEM #.6. 9. & 6. 10 .
MEMORANDUM
Mayor and City Council
Michele MCPhers~tor of Planning
DATE:
July 14, 1999
SUBJECT:
Case Number: ZC 99-5
Request by United Power for a Zone
Change to Antenna Overlay, and
Case Number: CU 99-26
Request by United Power to Construct a
Storage Building
Reauest
United Power Association requests consideration of two applications:
1. A Zone Change to Antenna Overlay in order to bring their antenna site into
compliance with the zoning requirements, and
.
2. A Conditional Use Permit to allow construction of a 20' x 30' storage building on the
same antenna site.
Location
The property is located near and easterly of the intersection of 205th Avenue and
Proctor Avenue.
Zoning/Land Use
12 (Medium Industrial)/MI (Medium Industrial)
Attachments
. Location Map
. Site Plan
. Detailed Site Plan
. Building Elevations
. Ordinance No. 99 -
.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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Memo to City Council/ZC 99-5 & CU 99-26
July 19, 1999
Page 2
Overview/History
Located on the property is a 300' tall antenna structure that was constructed in 1960.
Also located on the property are two structures (8' x8' and 8' x 16') housing support
equipment for the antenna. The antenna was upgraded in 1977. The antenna holds
four types of equipment, including: microwave, Vhf radio, Uhf radio, and emergency
services. With three antennas on top of the tower for Sherburne County Sherrifs
services, the tower height is 320'. With the exception of the emergency services
equipment, all other equipment is for the private use by UPA to communicate with its
other locations in the region.
Analvsis
Zone Change: Antenna Overlay District
In 1997, the City adopted the Antenna Overlay District which established standards for
siting towers, setbacks, height, and rezoning request evaluation. The subject site was
not rezoned at that time to the new district.
The ordinance requires that the following criteria must be evaluated prior to a rezoning
to Antenna Overlay District:
i. The compatibility of the rezoning request with
surrounding land uses
ii. That the proposed rezoning is necessary in order to
provide effective wireless telecommunication coverage for
the City
iii. The rezoning is in accordance with the Comprehensive
Plan for the City.
Compatibility with Surrounding Land Uses
The land uses currently surrounding the site are gravel mining activities. The zoning,
however, would allow single family residential development (south), medium industrial
development (east/north), and agriculture (west and north). The rezoning would be
compatible with the current land uses, but may pose more issues as the gravel mining
activities are phased out (3-15 years) and the land reclaimed for other uses. The
reclamation plan may include changes in transportation corridors and land uses.
Necessity of Rezoning to Provide Telecommunication Coverage
Currently, the tower is primarily used for the private use of UPA. There is, however,
emergency service equipment located on the tower. It can be argued that the location
. of the tower is critical to insure adequate emergency service coverage for the County.
.
.
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Memo to City Council/ZC 99-5 & CU 99-26
July 19, 1999
Page 3
UPA would also have the option of leasing this tower to other telecommunications
providers. The rezoning is also necessary to eliminate a non conforming use. It should
be noted that the site will remain nonconforming in regards to the dimensional
requirements of the ordinance. The tower is sited in such a manner that the setbacks
of 300' cannot be met (setbacks equal tower height).
Consitency with the Comprehensive Plan
The City's Comprehensive Plan does not specifically locate tower locations within the
plan. It does, however, acknowledge that rezonings to the Antenna Overlay district are
appropriate to protect the health and safety of the general public. The request,
therefore, is consistent with the City's Comprehensive Plan.
Conditional Use Permit: Allow Construction of 20' x 35' Building
Analvsis
Under the Antenna Overlay District requirements, towers and support equipment are
conditional use permits.
The applicant is proposing to remove two existing structures (8' x 8' and 8' x 16') and
replace them with a structure measuring 20' x 35'. Also proposed is a new security
fence. for the perimeter surrounding the support structure.
Setbacks
The proposed structure meets the setback requirements of the district.
Parking and Access
No changes to the current access drive or turn around/parking area is proposed. The
site is only accessed when equipment maintenance is necessary.
Building Materials
The building will be constructed of masonary materials, either rock face concrete block
or concrete panels with a rock/pebble finish. The roof will be gable in style and covered
in standing seam metal. The ends of the gables will be covered with aluminum siding.
The materials meet the requirements of the zoning code. The building should meet the
requirements of the building code and the City Building Official.
.
.
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Memo to City CouncillZC 99-5 & CU 99-26
July 19, 1999
Page 4
Planning Commission Action
Zone Change
The Planning Commission, at its June 22, 1999 meeting, recommended unanimously
that the Council approve the Zone Change to Antennae Overlay.
Conditional Use Permit
The Planning Commission, at its June 22, 1999 meeting recommended unanimously
that the Council approve the Conditional Use Permit with the following conditions:
1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND
REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL.
2. THAT THE APPLICANT APPLY FOR A VARIANCE TO TOWER HEIGHT AND
SETBACKS.
City Council Recommendation
Zone Change
The request for a zone change to Antenna Overlay district meets the three criteria
established in the ordinance. Staff recommends that the Council approve the request,
ZC 99-5.
Conditional Use Permit
Staff recommends that the City Council approve the request, CU 99-26 with one
condition:
1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND
REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL.
Section 900.34.13 of the Zoning Code states that when a nonconformity is created by
an amendment to the ordinance, the right to continue as a nonconformity is preserved,
therefore granting a variance is not necessary. There are no modifications proposed to
the tower at this time. If, in the future, the applicant wishes to modifiy the tower in some
way, a variance request would be appropriate.
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ORDINANCE 99-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM 11 (LIGHT INDUSTRIAL)
TO AT (ANTENNA TOWER)
CASE NO. ZC 99-5
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:
1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF MI (MEDIUM INDUSTRIAL).
2. THE REZONING IS NECESSARY TO PROVIDE EFFECTIVE WIRELESS
TELECOMMUNICATION COVERAGE FOR THE CITY.
3. THE PROPOSED AT ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT
ZONING DISTRICTS.
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
the City of Elk River.
day of
, 1999 by the City Council of
Stephanie A Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
s: \document\ordinanc\zc99- 5 .doc