5.2 ITEM 5.2.
icy ofMEMORANDUM
�lkRiver TO: Planning Commission
FROM: Scott Harlicker, Planning Assista
—
DATE: July 28, 1998
SUBJECT: Request by City of Elk River for
Ordinance Amendment Regarding
Setbacks for Telecommunications
Towers, 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 97-
• 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 Planning Commission/OA 98-2
July 28, 1998
Page 2
• Setback Requirements From property Lines
Ramsey underlying zone requirements
Brooklyn Park underlying zone requirements
Brooklyn Center underlying zone requirements
Minneapolis underlying zone requirements
Bloomington underlying zone requirements & a 4 foot setback for every
one foot tower height in residential zones
Richfield underlying zone requirements & a setback L5 times the
tower height in residential zones
Chanhassen underlying zone requirements & and a setback equal to
the height of the tower in residential zones
Rosemount 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.
Recommendation
Suggested new setback requirements in industrial zones are 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 property line
abutting a residential use be the height of the tower. These setbacks would
help direct towers away from residential areas to sectors of the city that are
more suitable for telecommunication towers. 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.
•
\\elkriver\sys\shrdoc\planning\scott\oa98-2.doc
ORDINANCE 98 -_
CITY OF ELK RIVER
e 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
a public street.
u. 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 line abutting a residential use, towers
and accessory structures shall meet setback requirements equal to
IIIthe 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 day of
, 1998.
Henry A. Duitsman Sandra A. Peine
• Mayor City Clerk
s:\document\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.
dower Setbacks and Tower Height. Towers shall conform
h 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 effective
date of this ordinance shall participate in the Emergency
Alert System (EAS) , as defined by FCC Rules and Regulations,
Part 11, by broadcasting warnings of severe weather and
other life threatening emergencies to users of personal
communications 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;
•
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