Loading...
6.a) Ordinance No 124- Standards for Wireless Communication Meeting Date: 01/04/11 Agenda Item: ��; � �_� . � " <' l� . a_� � _ Planning Commission/City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on proposed Ordinance No. 124, which would amend Ordinance No. 122, the City of Scandia Development Code, Chapter Two, Section 4.30 (standards for Wireless Communication Antennas and Towers), paragraphs (7)(A) and (9)(A), to add references to the General Rural District (GR). Deadline/ Timeline: N/A Background: The planner will present the attached report and recommendations at the meeting on January 4, 2011. Recommendation: The ordinance amendment should be approved prior to the Planning Commission and Council taking action on the CUP application of AT&T/New Cingular Wireless, for which a public hearing is also scheduled at the January 4 meeting. Attachments/ • TKDA Memorandum dated December 28, 2010 Materials provided: . Draft Ordinance No. 124 Contact(s): Sherri Buss, City Planner (651 292-4582) Prepared by: Anne Hurlburt, City Administrator (Ordinance 124 GR ccll tower standards) Page 1 of 1 12/28/10 TKDA 444 Cedar SVeet Suite 1500 Saint Paul,MN 55101 �• . The right time.The right people.The right compang (651)292-4400 (651)292-0083 Fau www.tkda.com MEMORANDUM To: City Council and Reference: Update to Development Code (Ordinance 122) Planning Commission Chapter 2, Section 4.30 Copies To: Anne Hurlburt, City Administrator Dave Hebert Proj. No.: 14530.000 From: Sherri Buss, RLA, Senior Planner Routing: Date: December 28, 2010 BACKGROUND: As staff began the review of the AT&T application for a new communications tower in Scandia, we found that Wireless Communication Antennas and Towers are included as an allowed use in the General Rural (GR) zoning district [Chapter 2, Section 2.6 (4)], but that the performance standards for this use were inadvertently left out of Chapter 2, Section 4.30. We need to update Section 4.30 in order to have performance standards that can be applied to this use. Staff is proposing a "housekeeping" amendment to the Development Code (Ordinance 122) to appropriately include performance standards for Wireless Communication Antennas and Towers in the GR District. There are two locations where the district needs to be included in Section 4.30 of the code: • Paragraph 7, which describes the regulations for antennas and towers by zoning district. Staff proposes that the GR district be included in item (A) of that paragraph. • Paragraph 9, which describes the minimum lot size for antennas and towers by zoning district. Staff proposes that the GR district be included with the group of districts that require a five-acre minimum lot size. Ordinance No. 124, including the proposed amendment to the development code, is attached. A public hearing on the proposed update has been scheduled during the January 4 Planning Commission meeting. ACTION REQUESTED: Staff request that the Planning Commission recommend approval of Ordinance No 124 to the City Council, and the Council approve the Ordinance, prior to taking action on the AT&T CUP application. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity CITY OF SCANDIA ORDINANCE NO.: 124 AN ORDINANCE AMENDING ORDINANCE NO: 122, THE CITY OF SCANDIA DEVELOPMENT CODE The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code, Chapter Two, Section 4.30 (standards for Wireless Communication Antennas and Towers), paragraph (7)(A) shall be amended to read as follows: (A) General Rural District (GR), Village Neighborhood District (VN), Village Mixed Use A District (VMU A), Village Mixed Use B District(VMU B) and Rural Commercial District (R COMM). The following are permitted with a conditional use permit: 1. The addition of a new antenna on an existing tower for which a conditional use permit is required. 2. A satellite dish antenna larger than two meters in diameter but not exceeding three meters in diameter. 3. A tower within the easement of a high voltage overhead transmission line or within 50 feet of the transmission line easement on the same side of the road to a maximum height of 150 feet. 4. A free standing tower exceeding 35 feet in height but not exceeding 150 feet in height. 5. A tower attached to an existing building extending more than 15 feet above the highest point of the building up to a maximum height of 150 feet. Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code, Chapter Two, Section 4.30 (standards for Wireless Communication Antennas and Towers), paragraph (9)(A) shall be amended to read as follows: (A) On a vacant parcel of land in the Agriculture District—Core(AG C), Agriculture Preserves District(AP), General Rural District(GR),Village Neighborhood District (VN), Village Mixed Use A District (VMU A), or Village Mixed Use B District (VMU B), the minimum lot size for construction of a tower over 35 feet in height shall be 5 acres. On a vacant parcel of land in the Industrial Park District(IP) or Rural Commercial District(R COMM), the minimum lot size shall be 2 1/2 acres. On a parcel of land on which a principal use exists, a tower shall be considered an 1 accessory use and a smaller parcel of land may be�used provided all standards contained in this section can be met. Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication accarding to law. Passed and adopted by the City Council of the City of Scandia this 4th day of January, 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator �; . 2