Development Business - Sheila Sellman, City Planner
Title
Title
Second Reading
Granting a Code Amendment to Section 33.17, Height Limitations of the Zoning Code Related to Setbacks for Communication Antennae. City of Blaine (Case File No. 22-0009/EES)
end
Executive Summary
Staff is proposing amendments to the regulations for communication antennae including modifications to setback requirements, clarification of regulations for antennae under 50 feet in height, allowance for temporary cell towers for special events, and standards for antennae located on buildings.
Schedule of Actions
|
Planning Commission Public Hearing |
03/08/22 |
|
City Council (1st Reading) |
04/04/22 |
|
City Council (2nd Reading) |
04/18/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist
Communication antennae are regulated by Section 33.17 of the Zoning Code which requires a conditional use permit for any structure exceeding 50 feet in height and establishes standards specifically for communication antennae exceeding 50 feet (typically cell towers). Staff have had conversations with multiple groups looking to either modify or add cell towers in the Blaine area who are having difficulty conforming with the current ordinance. This spurred staff to review the ordinances of other similar communities to ensure that the ordinance is comparable.
At this time, a city-initiated code amendment is being proposed to be consistent with current industry practices and regulations of similar communities, and to facilitate the upgrading of existing cell towers that are currently legal nonconforming. Legal nonconforming towers met the code requirements at the time of construction, but no longer meet the requirements due to a previous change in the code. They are allowed to remain but cannot be modified with the current code.
Setbacks for Residential
Over the years, the setback requirements for cell towers for residential land uses have varied between 250 to 1,000 feet, with the ability to have a single direction be set back 100 feet. Currently, a 350-foot setback is required for towers from residentially zoned properties intended for residential dwellings. Cell towers may be located on, or near properties such as schools or parks that have residential zoning but are not used for residential dwellings.
Two changes are proposed to the setbacks from residential uses. First, instead of measuring the distance from a residential property, the setback would be from a residential structure. This modification better addresses the variation in residential properties, particularly when applied to townhomes or apartments that often have large common areas. The second change establishes different setback distances depending on the height of the tower. This will allow for lower towers that are less intrusive, to be located closer to residential properties. The proposed setbacks are:
• 350 feet for towers 100 feet (or greater) in height
• 300 feet for towers greater than 80 feet in height but less than 100 feet in height
• 250 feet for towers 80 feet (or less) in height
These setbacks are intended to better balance the desire to separate antennae from residential uses while also allowing for cell service to be provided to residential areas.
Staff is aware of four cell towers currently operating on or near residentially zoned properties. The change has the following impacts:
|
Tower Location |
Current Status |
Status Under Proposed |
|
|
|
Ordinance |
|
Blaine High School |
Conforming |
Conforming |
|
Jefferson Elementary |
Nonconforming |
Nonconforming |
|
University Ave Elementary |
Nonconforming |
Conforming if modified* |
|
2574 125th Avenue |
Nonconforming |
Conforming |
*The University Avenue Elementary School tower is currently designed with the ability to easily reduce the height to 76 feet rather than the current 100 feet. The reduction in height, with the proposed setback change, would bring the tower into conformance.
Additionally, over the years SBM Fire has been approached by wireless providers seeking to place a tower at Fire Station 3, located at 11920 Ulysses Street. This has not been possible due to the proximity to adjacent residential properties (single family homes to the south and Crest View Senior Living to the north). The proposed amendments would allow for a tower up to 100 feet tall to be placed there with a conditional use permit if the other standards were met.
Setbacks from Property Lines
The current ordinance requires antennae to be setback from the property line at least the height of the tower, which is intended to prevent a tower from falling on adjacent properties. Modern antennae are designed to collapse on themselves and therefore the setback being the height of the tower is not necessarily the best way to accomplish that goal. Instead, the proposed ordinance requires the tower be setback the height of the tower, or a lesser distance that is determined by a structural engineer, to be sufficient to ensure the tower would not cross onto another property upon collapse. The tower would still need to meet the setback for buildings in the zoning district.
The largest impact from this change would be potential new tower construction in the older industrial parks that have smaller lot sizes. These properties may be good candidates for cell towers due to their distance from residential uses, but not large enough to accommodate the setbacks currently required.
Antennae under 50 Feet
Antennae under 50 feet are allowed in all zoning districts and locations. This is to ensure that first amendment rights related to personal broadcasting are preserved. The ordinance text is being revised to make this clearer and to require that such antennae are located on the principal structure or in the rear yard and meet a 20-foot setback from the side and rear property lines. The addition of setback requirements aims to reduce the impact of antennae to neighboring properties.
New Standards
Staff are proposing the addition of two sections to the ordinance to address circumstances not currently covered by the code. First, the code does not have standards for antennae located on buildings. The proposed standards allow antennae to exceed the height limitations of the district by 10 feet if set back 5 feet from the roof edge and 5 feet if not. This is similar to the standards established by other communities.
Temporary towers are often proposed in conjunction with the 3M Open and USA CUP to address higher than typical traffic. These have been allowed in previous years, but there has not been a provision in the code to allow for them or to set standards. The proposed ordinance establishes a 30-day time limit and an 80-foot height limit, which is consistent with the previous requests.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the ordinance amendment. There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
Notice of a public hearing were:
1. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
2. Posted on the City’s website.
Staff Recommendation
By motion, approve the Ordinance.
Attachment List
Unapproved Planning Commission Minutes 3/8/22
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in overstrike.)
33.17 Height limitations and Communication Antennae.
(a) Height Limitations, as set forth in this ordinance, shall not apply to church spires, flag poles, and municipal water towers and attachments, including antennae. Any structure over fifty (50) feet in height from ground level shall require a conditional use permit.
Communication antenna, no greater than fifty (50) feet in height, are permitted in any zoning district and must be located in the rear yard or on the principal structure and meet a twenty (20) foot setback from the side and rear property lines. Freestanding communication antennae over fifty (50) in height shall also be regulated by the standards outlined in Section 33.17(b). Any structure over one hundred fifty (150) feet in height from ground level shall not be permitted, unless specifically permitted in another section of the zoning ordinance.
(b) Free standing communication antennae that are greater than 50 feet in height are only permitted through conditional use permit and are subject to the following standards: Standards for communication antennae, except those located on municipal water towers, are as follows:
(1) The applicant must hold an FCC license to operate the proposed communication system.
(2) The applicant shall submit a study which demonstrates that existing municipal water tower sites and colocation with existing facilities are not technically feasible.
(3) That all structures must be mono-pole.
(4) That all structures must be constructed for co-location at market rate.
(5) That the applicant must provide proof that the construction and operation of the facilities will not interfere with reception and transmission of radio or television services enjoyed by neighboring residential and non-residential properties.
(6) That the structures have no lighting other than what is required by the FAA, FCC, or other governmental bodies.
(7) That the structures have no signage except as required by state and federal regulations.
(8) That the structures not be multi-colored and the color be of minimal visibility unless the architectural design or materials that are used, as determined by the City, suggest otherwise.
(9) That the structures not be located in the designated front yard of a property.
(10) That the structure not be within the following distance three hundred fifty (350) feet of any residential structures: residentially-zoned property which is intended for residential dwellings.
a. 350 feet for towers 100 feet in height or greater
b. 300 feet for towers greater than 80 feet and less than 100 feet
c. 250 feet for towers 80 feet in height or less
(11) That the height of any structure does not exceed one hundred fifty (150) feet.
(12) That the structures be placed with a minimum setback from all lot lines equal to the height of the proposed structure, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. Towers may not be located within the building setback areas of the underlying zoning district.
(13) That the owner agrees to remove the structure within twelve (12) months after terminating transmission from the facility.
(c) Communication antennae attached to or on top of existing buildings may exceed the height limitations of the district when the following standards are met:
(1) The applicant must hold an FCC license to operate the proposed communication system.
(2) Building mounted antennas shall not extend more than ten (10) feet above the roof and must be setback at least five (5) feet from the roof edge.
(3) Wall or façade mounted antennae shall not extend more than five (5) feet above the roof.
(d) Temporary mobile communication antennae may be utilized to provide personal wireless service at special events for a duration no longer than 30 days within a calendar year. The height of temporary mobile communication antennae is limited to eighty (80) feet.
INTRODUCED and read in full this 4th day of April, 2022.
PASSED by the City Council of the City of Blaine this 18th day of April, 2022.