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2009.07.21 Council Meeting.Reg Agenda #8.TowersCOUNCIL STAFF REPORT Regular Agenda # 8 Telecommunications Towers � FROM: John Sutter, City Plan ner/Assistant Community Development Director DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: July 15, 2009 TO: Anne Norris, City Manager (for July 21, 2009 Council meeting) SUBJECT: Consider Application 2009-09 to amend City Code Section 515.21 and Sections 515.33 through 515.53 to allow certain types of telecommunications towers in all zoning districts subject to limitations on height, location, adjacent uses and other factors In late spring 2008, T Mobile approached the city about leasing a site in Bassett Creek Park for placement of a 75 foot tall monopole telecommunications tower. City code currently prohibits this sort of facility. Specifically, the code only allows telecommunications towers on 1-1 zoned property (as a permitted use) and on C- 2 zoned property in the Comprehensive Plan's West Broadway/Hwy 81 mixed use area (as a conditional use). The code was drafted in the mid-1990s, at a time when towers were generally taller and more obtrusive than some of the newer designs. Over the past 10 years, demand for telecommunications service has become very widespread, and at the same time the technology and facilities have.evolved in a way that allows for much shorter and less obtrusive towers. As a result the industry is seeking a greater number of sites to place this newer style of shorter, smaller tower. At the direction of the City Council, in summer 2008 staff drafted changes to Section 515.21 of city code to allow telecommunications towers by Conditional Use Permit in all zoning districts, subject to significant restrictions and limitations. At its meeting on August 11, 2008, the Planning Commission discussed the proposed changes, suggested modifications, and continued the public hearing to its September 8, 2008 meeting at which it recommended approval. On September 16, 2008, the City Council approved first reading of the ordinance recommended by the Planning Commission. Upon consideration of second PAGE 1 OF 6 reading on October 7, 2008 the Council continued the matter. At its October 21, 2008 meeting the Council did not take action on second reading and directed staff to bring the matter back to the Council in 2009. For clarity, on November 7, 2008 the Council voted down second reading of the ordinance. On March 9, 2009 the Planning Commission and City Council held a joint work session to discuss the issue, and on March 17, 2009 the City Council authorized staff to proceed with preparing alternatives for a Planning Commission public hearing and possible City Council action. The Planning Commission held the public hearing on June 8, 2009, directed staff to prepare more restrictive versions of options B and C for consideration, and continued the matter to July 13, 2009. The Planning Commission took additional public comment and discussed the matter further on July 13, 2009 before taking a vote to recommend Option C-1 which passed 4-2. The two dissenting Planning Commission members stated that they voted no because they preferred Option C-2. The following Exhibits are attached: A. Example photos of "stealth" towers in other communities B. Map from T -Mobile showing their existing towers and desired locations for future towers based on customer needs C. Submittal from Minnesota State Wireless Association D. Proposed ordinance change for Baseline scenario which represents a slight .modification of current code to fit land use designation and area description changes in the new Comprehensive Plan E. Proposed ordinance changes for each of the five options in addition to the Baseline scenario: 1. OPTION A - rejected by Council in fall 2008; prohibits towers on any site having any type of dwelling, but allows them at some park/school sites 2. OPTION B-1 - like Option A but allows towers at park/school sites only if they are at least 10 acres 3. OPTION B-2 - like Option A but allows towers at park/school sites only if they are at least 15 acres 4. OPTION C-1 - prohibit at any park/school site but allows at residential sites >3 acres and commercial/industrial sites >1 acre - Option C-1 was recommended by the Planning Commission on a 4-2 vote 5. OPTION C-2 - prohibit at any park/school site but allows at residential sites >5 acres and commercial/industrial sites >2 acres - Option C-2 was preferred by the two planning commission members who voted against Option C-1 F. Spreadsheet and maps showing parcels where towers may potentially locate under current code, Baseline scenario, and Options A, B-1, B-2, C-1 and C-2 B. STAFF COMMENTS 1 Recap of some questions answered at the March 9, 2009 work session: PAGE 2 OF 6 Regarding the question of whether or not there are negative health effects from this sort of telecommunications facility, federal rules pre- empt local decision-making on that basis. The City Attorney has advised the Planning Commission and City Council to focus their discussion and, ultimately, their findings on land use and aesthetic considerations. Staff cannot address health effects because we are not qualified to do so. Regarding what is happening in other communities, these types of smaller -scale "stealth" towers are being permitted in ever -more locations throughout the metropolitan area. Regarding the city's new radio -read water metering system, the main antenna has been installed on the existing tower at City Hall. If repeaters are needed, the most likely locations are in the southwest, south central and possible northern reaches of the city. In the event that repeaters do need to be installed, existing light poles or power poles would be used. The only reason a "stealth" -style cell phone tower might be used would be if the city could co -locate its repeater on one thus supplanting the need to use one or more light poles or power poles. 2. Explanation of the Baseline scenario: This represents only minor changes from the current ordinance. These changes are necessary to reflect the different ways that land use designations will be described in the Comprehensive Plan. One of the options would be to adopt the ordinance implementing the Baseline scenario (Exhibit D) which would continue the city's current limitations on telecommunications towers. 3. Explanation of each of the five options that go beyond the Baseline Scenario: Option A was rejected by the City Council in fall 2008. In addition to the Baseline scenario parcels (shaded dark gray on the maps attached in Exhibit F), it would allow towers on additional parcels (shaded in medium gray on the Option A map) subject to the following standards: - Minimum distance of 660 feet (1/8 mile) from another tower - Maximum height of 82.5 feet (1/64 mile, or half as high as the towers currently allowed on the light -shaded parcels). - Maximum height of 50% of the distance from any part of the tower to the nearest lot line of a single or two family dwelling. - Prohibited on any site having a residence - 3 acre minimum site size - Set back at least 165 feet (1/32 mile) from any single or two family dwelling - Set back at least 82.5 feet (1/64 mile) from any playground or any building containing a school or child care facility - Set back at least 82.5 feet (1/64 mile) from any lot line PAGE 3 OF 6 Option B-1 is similar to Option A except that it only allows parks or schools as potential tower sites if the site area is at least 10 acres. In addition to the Baseline scenario parcels (shaded dark gray on the maps attached in Exhibit F), it would allow towers on additional parcels (shaded in medium gray on the Option B-1 map) subject to the following standards: - Minimum distance of 660 feet (1/8 mile) from another tower - Maximum height of 82.5 feet (1/64 mile, or half as high as the towers currently allowed on the light -shaded parcels). - Maximum height of 50% of the distance from any part of the tower to the nearest lot line of a single or two family dwelling. - Prohibited on any site having a residence - 3 acre minimum site size, except for parks, stormwater pond or school sites for which the minimum site size is 10 acres - Set back at least 165 feet (1/32 mile) from any single or two family dwelling - Set back at least 82.5 feet (1/64 mile) from any playground or any building containing a school or child care facility - Set back at least 82.5 feet (1/64 mile) from any lot line Option B-2 is similar to Option B-1 except that it allows parks or schools as potential tower sites if the site area is at least 15 acres. In addition to the Baseline scenario parcels (shaded dark gray on the maps attached in Exhibit F), it would allow towers on additional parcels (shaded in medium gray on the Option B-2 map) subject to the following standards: - Minimum distance of 660 feet (1/8 mile) from another tower - Maximum height of 82.5 feet (1/64 mile, or half as high as the towers currently allowed on the light -shaded parcels). - Maximum height of 50% of the distance from any part of the tower to the nearest lot line of a single or two family dwelling. - Prohibited on any site having a residence - 3 acre minimum site size, except for parks, stormwater pond or school sites for which the minimum site size is 15 acres - Set back at least 165 feet (1/32 mile) from any single or two family dwelling - Set back at least 82.5 feet (1/64 mile) from any playground or any building containing a school or child care facility - Set back at least 82.5 feet (1/64 mile) from any lot line Option C-1 would not allow towers on any park or school site, but would allow them on residential sites of at least 3 acres and commercial or industrial sites of at least 1 acre. In addition to the Baseline scenario parcels (shaded dark gray on the maps attached in Exhibit F), it would allow towers on additional parcels (shaded in medium gray on the Option C-1 map) subject to the following standards: PAGE 4 OF 6 Maximum height of 82.5 feet (1/64 mile, or half as high as the towers currently allowed on the light -shaded parcels). Maximum height of 50% of the distance from any part of the tower to the nearest lot line of a single or two family dwelling. Prohibited on any school, park or pond site 3 acre minimum site size if zoned residential; I acre minimum site size if zoned commercial or industrial 660 foot (1/8 mile) minimum separation from another tower Set back at least 165 feet (1/32 mile) from any single or two family dwelling Set back at least 82.5 feet (1/64 mile) from any playground or any building containing a school or child care facility Set back at least 82.5 feet (1/64 mile) from any lot line Option C-2 would not allow towers on any park or school site, but would allow them on residential sites of at least 5 acres and commercial or industrial sites of at least 2 acres. In addition to the Baseline scenario parcels (shaded dark gray on the maps attached in Exhibit F), it would allow towers on additional parcels (shaded in medium gray on the Option C-2 map) subject to the following standards: - Maximum height of 82.5 feet (1/64 mile, or half as high as the towers currently allowed on the light -shaded parcels). - Maximum height of 50% of the distance from any part of the tower to the nearest lot line of a single or two family dwelling. - Prohibited on any school, park or pond site - 5 acre minimum site size if zoned residential; 2 acre minimum site size if zoned commercial or industrial - 660 foot (1/8 mile) minimum separation from another tower - Set back at least. 165 feet (1/32 mile) from any single or two family dwelling - Set back at least 82.5 feet (1/64 mile) from any playground or any building containing a school or child care facility - Set back at least 82.5 feet (1/64 mile) from any lot line 4. General Notes (all five options): It should be noted that the proposed setback restrictions may make many of each option's medium gray shaded "Additional Parcels" not feasible for location of a tower. Due to the number of potential sites it is not feasible to analyze the impact of the setback requirements on each; and minimum setbacks should be determined city-wide in any case. However, the setbacks described above could be increased slightly (i.e. to more round numbers) while still leaving an adequate number of potential sites in the city. This is something the Council could discuss to see whether different setbacks are desired. • It should also be noted that North Lions, Welcome and Bassett Creek parks have at some point in the past received federal or state funding for park improvements. Therefore approval from the state and/or federal governments would have to be secured prior to locating a private -sector wireless facility such as a telecommunications tower within those parks, even if the ordinance would allow it. Because this is a contractual restriction on how the property owner (the city) can use these properties, it is not appropriate to address it in a regulatory tool like city code. However, it is another example of how other factors besides the city's ordinance can further limit potential sites for towers. The concentration of towers will be limited by many factors, including the ordinance's limitations on available parcels, setbacks from property lines and other structures/uses, and (most importantly) the minimum 660 foot (1/8 mile) setback from any tower to another. Given the maximum tower height of 82.5 feet (1/64 mile), the effect would be that towers would have to be separated by a distance of at least eight times their height. C. RECOMMENDATION Staff opinion is that the city should implement one of the following options: • Baseline which continues the current code restrictions but updates them to fit the land use categories in the new Comprehensive Plan. Staff opinion is that, at minimum, the Baseline ordinance should be adopted. (Exhibit D) • Option A which would prohibit towers on any site with a dwelling (whether single family or multi -family) but would allow them at some park/school sites. It was previously rejected by the Council so it is mainly included here for comparison. (Exhibit E-1) ® Option B-1 which is like Option A except that it would allow towers at park/school sites only if they are at least 10 acres. (Exhibit E-2) ® Option B-2 which is like Option A except that it would only allow towers at park/school sites only if they are at least 15 acres. (Exhibit E-3) ® Option C-1 which would provide location options at multi -family residential sites >3 acres and additional commercial sites >1 acre, but not at any park/school sites. (Exhibit E-4) ® Option C-2 which would provide location options at multi -family residential sites ?5 acres and additional commercial sites >2 acres, but not at any park/school sites. (Exhibit E-5) On July 13, 2009, Option C-1 was recommended by the Planning Commission on a 4-2 vote; the two 'no'votes preferred Option C-2. Council members are asked to discuss which option they prefer and consider a motion to approve first reading of the ordinance implementing that option. PAGE 6 OF 6 M I N N E S STAT May 20, 2009 John Sutter City Planner/Assistant Community Development Director City of Crystal 4141 Douglas Dr N Crystal MN 55422 Re: City of Crystal Telecommunications Ordinance John: I am writing this letter on.behalf of the Minnesota State Wireless Association (Industry). We are a nonprofit business association comprised of members from all sectors of the wireless infrastructure industry whose objective is the promotion and advancement of the industry in Minnesota by means of education, awareness and charitable giving. Our mission is to be a helpful source of balanced advice and information for anyone working on matters impacting the wireless industry in Minnesota. We are a unified voice in state and local legislative matters affecting the wireless industry. We also promote positive community awareness about the vital role that wireless networks play in society today. As you are aware, wireless communications devices are ubiquitous. Wireless communications have come a long way, even in the past 5 years. No longer are mobile devices used for solely making phone calls, but are utilized for email, internet, video and more. With the near future deployment of 4G technology (mobile broadband), the applications and uses will continue to increase. Many wireless customers have even completely abandoned the traditional land -line phone service for mobile technology, with that trend increasing everyday. As the City of Crystal (City) analyzes the possible need to re -write their telecommunications ordinance, we ask that the Planning Commission and City Council bear this in mind. Wireless providers that currently offer service will continue to seek additional antenna sites for wireless antenna installations in and around the City in order to provide the latest technology and best possible service. Furthermore, the need for new wireless antenna installations will increase as additional wireless providers expand within existing markets, technologies change (4G, etc), coverage needs arise, existing sites become "overloaded" (capacity issues), etc. One of the concepts the City of Crystal's Planning Commission and City Council are considering is allowing for the building of new towers in all zoning districts subject to a �tti��v.n�nslai:e��irel.ess.or�; infor+?ma.�slate��irel.ess.c�rg T Conditional Use Permit (CUP). The benefit of employing this method is that each application can be analyzed on its own merits. Many jurisdictions have hired an objective, independent consultant to analyze each application and determine need based on a variety of factors. As an Industry, we have found these consultants to be diligent and impartial. Traditionally, the applicant is required to pay for the services of said consultants. Another concept the City is considering is allowing for the building of new towers near City schools, parks, pond areas, etc. Many jurisdictions in Minnesota and the region have realized the income potential in allowing wireless providers to lease land in these areas. The outcome benefits all parties involved: wireless providers can enhance their existing systems; other wireless provider competitors are able to co -locate antennas (if feasible for their system); customers/residents receive better service and are able to enjoy the latest mobile technological advances; and, jurisdictions benefit monetarily from leasing land to wireless providers. As an industry, we are aware of the aesthetical appearance of wireless provider antenna sites in the community; we are also a part of the community. Every effort is taken to blend in the antenna sites to the surrounding area. Monopoles can be painted virtually any color, equipment shelters can be designed to match almost any exterior of an existing structure, fences can be constructed to disguise the shelter and base of the monopole, and, in extreme cases, "stealth" monopoles can be built and act as flag poles, trees, crosses, etc. Wireless providers spend a great deal of time and money selecting feasible locations for wireless antenna sites. Great expense is incurred in the design, development, construction and deployment of these sites; the proposed locations are not arbitrarily selected. Many factors play a role in deciding upon a location, including: -Lack of coverage: The nearest antenna locations do not adequately cover an area. -Capacity issues: An area is densely populated/heavily traveled thus there is a need to "off-load" calls to other nearby antenna sites allowing for better, overall system operation, resulting in less "dropped" calls. -Technological advances: Wireless providers may need to add equipment at existing sites or add additional sites in other areas. -Structural integrity issues: As equipment is added to existing towers, the existing structural integrity of the host location becomes inadequate to accommodate additional equipment. -Budgets: The Industry is dynamic and must be flexible. It is difficult to forecast budgets much more than a year in advance. As resources are made available, wireless providers must act quickly to identify new antenna locations to better enhance their system. Hence, a wireless provider may not be actively seeking an antenna site this month but may be seeking multiple sites a few months later as resources become available As the City Planning Commission and City Council analyze this issue, we ask that they realize wireless communications are the future and demand will only continue to increase, - not go away. Applications and inquiries for new wireless communication antenna sites, in and around the City of Crystal, will continue. As such, the Industry supports the two aforementioned changes to the existing ordinance. If accepted, we can continue to provide the best possible service and latest technological advances to both of our constituencies. I am including the website of a model telecommunications ordinance for your review (www.pcia.com/advocacy/model-ordinances). PCIA — The Wireless Infrastructure Association is the principal trade association representing the companies that make up the wireless telecommunications infrastructure industry. Its members include the wireless telecommunications infrastructure providers and professional services firms that own and manage more than 120,000 telecommunications facilities throughout the world. The Minnesota State Wireless Association's website: www.mnstatewireless.org. Please feel free to contact me should you have any questions. Sincerely, jz"'� Z,- '- Rob Viera MNSWA — Regulatory Chairman 612.801.2228 robertjviera@yahoo.com Regular Agenda # City of Crystal Environmental Quality Commission 4141 Douglas Drive North Crystal, MN 55422 July 16, 2009 Crystal City Council 4141 Douglas Drive North Crystal, MN 55422 Dear Council Members: In recent weeks the Environmental Quality Commission has been informed that the City of Crystal is considering additional cellular phone towers to be built in our city. We understand that there are several proposals that may be recommended to you by the City Planning Commission. As a fellow commission of the City, we would like to take a moment to weigh in with our opinion. After reviewing research provided by the Weber residents, and doing individual searches on the Internet, it appears that there is much we (humans) don't know about the health effects of cellular phones. On January 27, 2009, Dr. Martha Linet, Chief of the Radiation Epidemiology Branch of the National Cancer Institute, issued the following statement to the President's Cancer Panel: "An urgent issue that needs to be addressed is whether children and adolescents using cell phones are at increased risk for brain tumors. Studies of ionizing radiation have shown that children are more sensitive than adults to carcinogenic exposures, and differences in sensitivities may exist for RF radiation as well. There are no published epidemiologic studies of cell phone use during childhood and subsequent cancer risk. However, there are ongoing case -control studies being carried out in Denmark, Norway, Sweden, and Switzerland, as well as ongoing Danish and Norwegian childhood cohort studies" (National Cancer Institute, 2009, retrieved at hlW:Hdeainfo.nci.nih.gov/ADVISORY/pcp/pcp0109/summar.pdf, Appendix A). The Federal Communications Commission has also acknowledged a lack of information. The following statement can be found on their website: "There is no scientific evidence that proves that wireless phone usage can lead to cancer or a variety of other problems, including headaches, dizziness or memory loss. However, organizations in the United States and overseas are sponsoring research and investigating claims of possible health effects related to the use of wireless telephones. The Federal government is monitoring the results of this ongoing research, and the FDA is participating in an industry -funded research project to further investigate possible biological effects" (FCC, 2009, retrieved at http://www.fcc.gov/cgb/ceilular.html, Appendix B). We, as a commission of the City, are in no position to guess whether these studies will find in the favor of cell phone use, or against it. What we do feel is important is that the City of Crystal be prudent in their decision to allow cellular phone towers, which emit much greater amounts of RF radiation than the cell phones themselves, to be built near our homes and schools. It may end up that these studies confirm that towers and phones are safe. Or they may show that the health risks the Weber's and many others believe are indeed true. In any case, do we want our City to decide this for the residents? Our belief is that the risk is too great, and the returns too poor, to entertain this idea for the immediate future. We urge you to pause, take a time-out, and allow the studies referenced by the National Cancer Institute, the FCC, and others to be completed, the data analyzed, and the results delivered to citizens. We understand that under certain laws, you are really only able to consider issues relating to land use, not necessarily health effects. Our caution is that long after the vote has occurred, the only thing that will remain is your decision ... not your reason for the decision. As an example, for 30 years the pesticide DDT was sprayed on fields and playgrounds, in forests and near fresh waters, only to be reclassified as highly toxic to the environment and subsequently banned (Appendix C). Our point is that, if there is no impending reason to take action then we urge you to take no action at all. We urge you to list your reasons simply that installing cell phone towers is an inappropriate use of land at this time. For some, the decision may be petty and small; for residents like the Weber's, your decision means - literally — everything. Yours gratefully, Members of the City of Crystal Environmental Quality Commission Signed: hi s clor; ��✓-c q �G � L J National Cancer Institute (2009). Meeting Summary January 27, 2009, President's Cancer Panel, Environmental Factors in Cancer. Retrieved July 2, 2009, from http://deainfo.nci.nih.gov/ADVISORY/Pcp/pcpOl 09/summarv.pdf DR. MARTHA LINET: CELLULAR (MOBILE) TELEPHONE USE AND CANCER RISK Background Dr. Linet has served as Chief of the Radiation Epidemiology Branch of the National Cancer Institute since 2004. She has been a Senior Investigator at NCI since 1987 and was previously Associate Professor in the Department of Epidemiology at the Johns Hopkins School of Public Health. Dr. Linet conducts research on cancer incidence and mortality among radiologic technologists. She also studies risk factors for childhood and adult hematopoietic malignancies, including the role of nonionizing radiation exposures from power lines and electrical appliances in relation to childhood leukemia and cellular telephone use in relation to adult brain tumors. Key Points Exposure to nonionizing radiation — which includes near ultraviolet and visible light as well as infrared, microwave, radio frequency (RF), and extremely low -frequency radiation — is ubiquitous and, consequently, a topic of polarized public health commentary. Ionizing radiation sources (e.g., gamma rays, x-rays), which constitute the shorter wavelengths of the electromagnetic spectrum, are known to be carcinogenic, but the carcinogenicity of longer wavelength, nonionizing sources (e.g., cell phones, televisions, power lines) remains unknown. Many people, including members of the general public and regulators, have become concerned about RF radiation exposure due to cell phone usage and whether this exposure increases the risk of brain cancer. Cell phone use began in the U.S. in the 1980s, but remained low until 2000, when mobile phones switched from an analog to a digital signal. In 2007, there were 255 million cell phone subscribers in the United States. The number of users continues to rapidly rise, yet the biological effects associated with RF radiation remain unclear. The NCI Surveillance, Epidemiology, and End Results (SEER) Program tracked trends in brain cancer incidence by age from 1973 to 2005. The highest incidence of brain tumors was in middle-aged individuals (45-64 year olds) and the elderly (65 years or older). There have been some increases in brain cancer incidence among the elderly over this time period; these are thought to be primarily due to increased use of imaging equipment for diagnosis and detection of cancer (e.g., computed tomography [CT] scans, and magnetic resonance imaging [MRI]). Early studies of the health effects of cell phones were launched by NCI, the American Health Foundation, Orebro University in Sweden, and the Danish Cancer Society in 1994. These studies focused on brain tumors, particularly gliomas, meningiomas, and acoustic neuromas. Results from these four studies were reported in 1999 to 2001. The studies found no evidence of association of cell phone use and risk of developing adult gliomas in terms of minutes per day/hours per month of use, duration in years of use, and cumulative lifetime hours of use. Three of the four studies found no evidence of excess tumor occurrence on the same side of the head as cell phone use. Results from these three studies were consistent but had a number of limitations. First, cases were diagnosed in the 1990s, before the switch from analog to digital frequencies and the associated rapid increase in use. Second, exposure was assessed through the use of questionnaires, a research method that is associated with a number of limitations, including recall bias and impaired memory of participants. Lastly, these studies were limited by a lack of cases with high frequency and duration of cell phone use. The next generation of cell -phone -use studies included the Expanded Danish Cohort Study and the INTERPHONE Consortium of Case -Control Studies. The Expanded Danish Cohort Study involved follow-up of 420,095 persons with first cell phone subscriptions between 1982 and 1995. The study compared cancer incidence of this cohort with that of the general population and found no increase in brain tumor incidence among long-term cell phone subscribers. The INTERPHONE Study of Brain & Other Tumors was led by the International Agency for Research on Cancer (IARC) and used population -based registries in 13 different countries. The participating countries had earlier adoption of cell phone technology than the U.S. and the range of cases studied was diagnosed during 2000-2004. Full results have not yet been reported, but there are results of pooled analyses from five countries (Denmark, Finland, Norway, Sweden, and the United Kingdom) available. In the pooled analyses of glioma — which included 1,521 glioma patients and 3,301 controls — there was no overall increase in risk associated with years since first use, lifetime years of use, number of calls, hours of use, or use of analog versus digital phones. There was a slight increase in risk of brain tumors arising on the same side of the head for long -duration (10 or more years) users. In the pooled analyses of meningioma — which included 1,209 meningioma cases and 3,299 controls — there was no overall increase in risk associated with years since first use, lifetime years of use, number of calls, hours of use, or use of analog versus digital phones. There was no association for occurrence of tumors on same side of the head as cell phone use. In the pooled analyses of acoustic neuroma— which included 678 acoustic neuroma cases and 3,553 controls — there was no overall increase in risk associated with years since first use, lifetime years of use, number of calls, hours of use, or use of analog versus digital. There was an increased risk of brain tumors arising on the same side of the head for long -duration (10 or more years) users. An occupational study of 195,775 Motorola workers employed for at least 6 months in 19761996 focused on RF exposure in the manufacturing of cell phones. The RF exposures were estimated by specific exposures associated with a job title (personal cell phone use was not taken into account). The study results found no association between occupational RF exposure and mortality due to brain cancer. Another relevant study involved 49,581 U.S. Navy veterans of the Korean War who had potential exposure to high-intensity radar. There was no evidence of increased mortality within this group due to brain cancer. :d v `Appendix B ..� Federal Communications Commission (2009). Wireless. Retrieved July 2 2009 from ' The FCC vWrekaao telecommunications programs and policies include: cellular telephones; paging; personal communications services [PCS)} public safety; and other commercial and private communications services. Our most commonly asked questions about wireless telephones are: - * . = How do they Work? *'How can I check the RF level of my phone? `` wWhat is considered a safe level? * What steps can I take to reduce my exposure to radiofrequency energy from mywireless phone? • Is there any evidence that cell phones cause cancer? w ' m having billing problems with my cellular provider; who can help me? What are wireless phones? Wireless telephones are hand-held phones with built-in antennas, often called os||, mobile, orPCS phones. How do they Work? When you talk into a wireless telephone, it picks upyour voice and converts the sound to radiofrequency energy (or radio waves). The radio waves travel through the air until they reach a receiver ata nearby base station. The base station then sends your call through the telephone network until |treaches the person you are calling. When you receive a call on your wireless telephone, the rnaaaage travels through the telephone network until it reaches a base station close to your wireless phone. Then the base station sends out radio waves that are detected by a receiver in your telephone, where the signals are changed back into the sound of voice. How can I check the RFlevel mfmmy phone? Manufacturers of wireless phones must report the RF exposure level for each rnoda| of phone tothe FCC. The FCC website \ gives directions for locating the FCC identification number on your phone so you can find your phone's RF exposure level inthe online listing. What is considered a safe level? All vvine|eoa phones sold in the United States meet government requirements that limit their RF energy to safe levels. The relative amount of RF energy absorbed in the head of wireless telephone -user iegiven bvtheSpecific . The FCC requires wireless phones to have SAR |eva|a no greater than 1.6 watts per kilogram. What steps can I take to reduce my exposure to radiofrequency energy from mmy wireless phone? If there is a risk from these products --and at this point we do not know that thane |s—it is N probably very nnnaU. But if you are concerned about avoiding even potential risks, you can take few simple steps to minimize your exposure to radiofrequency energy (RF). Since time is a key fa in h much exposure a person racaimse/ reducing the amount of time spent using ' a wireless phone will reduce RF exposure, * If you must conduct extended conversations by wireless phone every day' you could place more distance between your body and the source of the RF,� since the exposure level drops off dramatically with distance. For example, you 'ou|d use a headset and carry the vv|na|eao phone away frorn your body oruse a wireless phone connected to a remote antenna I'm having billing problems with my cellularprovider; who can help me? The FCC does not regulate contractual arrangements with cellular providers, but does handle complaints about wireless service. You may file o complaint with the FCC by using the FCC's . For additional information on how to file a complaint, dick on the "complaint" tab at the bottom of this page. n. '', ib J ,• Environmental Protection Agency (2009). DDT Ban Takes Effect. Retrieved July 2, 2009, from hftp://www.epa.gov/history/topics/ddt/Ol.htm DDT Ban Takes Effect [EPA press release - December 31, 1972] The general use of the pesticide DDT will no longer be legal in the United States after today, ending nearly three decades of application during which time the once -popular chemical was used to control insect pests on crop and forest lands, around homes and gardens, and for industrial and commercial purposes. An end to the continued domestic usage of the pesticide was decreed on June 14, 1972, when William D. Ruckelshaus, Administrator of the Environmental Protection Agency, issued an order finally cancelling nearly all remaining Federal registrations of DDT products. Public health, quarantine, and a few minor crop uses were excepted, as well as export of the material. The effective date of the EPA June cancellation action was delayed until the end of this year to permit an orderly transition to substitute pesticides, including the joint development with the U.S. Department of Agriculture of a special program to instruct farmers on safe use of substitutes. The cancellation decision culminated three years of intensive governmental inquiries into the uses of DDT. As a result of this examination, Ruckelshaus said he was convinced that the continued massive use of DDT posed unacceptable risks to the environment and potential harm to human health. Major legal challenges to the EPA cancellation of DDT are now pending before the U.S. Court of Appeals for the District of Columbia and the Federal District Court for the Northern District of Mississippi. The courts have not ruled as yet in either of these suits brought by pesticide manufacturers. DDT was developed as the first of the modern insecticides early in World War II. It was initially used with great effect to combat malaria, typhus, and the other insect -borne human diseases among both military and civilian populations. A persistent, broad-spectrum compound often termed the "miracle" pesticide, DDT came into wide agricultural and commercial usage in this country in the late 1940s. During the past 30 years, approximately 675,000 tons have been applied domestically. The peak year for use in the United States was 1959 when nearly 80 million pounds were applied. From that high point, usage declined steadily to about 13 million pounds in 1971, most of it applied to cotton. The decline was attributed to a number of factors including increased insect resistance, development of more effective alternative pesticides, growing public and user concern over adverse environmental side effects --and governmental restriction on DDT use since 1969. 7 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions frorn telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecornmunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses frorn potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. PAGE 1 OF 12 EXHIBIT 1) PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a tower,, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) "Engineer" means any engineer licensed by the state of Minnesota. e) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding enviromnent. Examples of stealth facilities include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" mearns any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district, provided that the site also meets one of the following additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue 32nd Avenue or Nevada Avenue; or ® It is located within the area bounded by Corvallis Avenue, West Broadway, Avenue. and Lakeland A A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient finds or the provision to draw on sufficient finds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. b) A tower is a conditional use in the C-2 general commercial district, but enly n pfapeAy that that is guided for tBixed use West Broadway / Highway 81, as shwA% in the futwe land use map in the Crystal Compfeliensive Plan. provided that the site also meets one of the following additional location criteria: ® It abuts West Broadway between 48t" Avenue and Douglas Drive; or • It is located within the area bounded by Corvallis Avenue, West Broadway= Douglas Drive, 56t" Avenue, and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property. The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient finds or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if PAGE 3 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearingto o the party listed as "taxpayer" for any lots wholly or partially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Councils and such approval matey be granted if the City Council finds that theeg neral Conditional Use Permit criteria in Section 515.05 Subd. 3 a are met. A tower also may not be constructed unless a building permit has been issued by the building official. C) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e) An application to develop a tower shall include: 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other cornmunications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. PAGE 4 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: i) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. g) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h) Hei ht. A tower may not exceed 165 feet in height. i) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. j) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. PAGE 5 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) k) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested fiom the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. 1) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate i:ev e., ing b City Council. m) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. n) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. o) Security. Towers must be reasonably posted and secured to protect against trespass. p) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. PAGE 6 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) q) Stealth. To the extent reasonably practical, towers must be of stealth design. r) Other Telecomminlications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 7-5 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antemiae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and teleconununications facilities comply with the inter-nationalbuilding code; 3) That any telecornrnunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot from the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antemia support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. S) Existing Towers. 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. PAGE 7 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) t) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. u) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. v) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gqp in coverage of the provider meet the eever-age needs of the applieafA's wireless eenuRttnieafie system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. PAGE 8 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. x w) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecomm- unications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. PAGE 9 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. b) Excavation and Monitoring. .,,;+ i ther;+,,. The owner of a telecommunications facility shall provide the City with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance, the City may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply. aa) City's Right to Revoke. If the permittee fails to comply with any of the terms imposed by the conditional use permit, the City mqy impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by (i) written notice of the permittee of the alleged violation, (ii) the opportunity to cure the violation during a period not to exceed thirty_(30) days following receipt of the written notice, and (iii) a hearing before the City Council at least fifteen (15) dgys after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearingshall hall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. cc) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revoke the peimit and shall provide a post -revocation hearing before the City Council not more than fifteen (15) days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. d� Record. Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. PAGE 10 OF 12 PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Teleconu-nunications towers in accordance with the requirements of Section 515.21. Section 5. In. Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: Effective Date: WVV#=6 PAGE 11 OF 12 ReNae J. Bowman, Mayor PROPOSED ORDINANCE - BASELINE (Current ordinance with changes for new Comprehensive Plan only) Janet Lewis, City Clerk PAGE 12 OF 12 PROPOSED ORDINANCE - OPTION (Rejected by Council in Fall 2008) ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. PAGE 1 OF 13 EXH1131T & I PROPOSED ORDINANCE - ®PTI®NA (Rejected by Council in Fall 2008) Subd. 3. Definitions. The following words, terns and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a tower,, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were moluited to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) 'Engineer" means any engineer licensed by the state of Minnesota. e) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. i) "Stealth" means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof -mounted antemlas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antemla 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district, provided that the site also meets one of the following additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue 32"d Avenue or Nevada Avenue; or ® It is located within the area bounded by Corvallis Avenue, West Broadway,. Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard. A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient fimds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. b) A tower is a conditional use in the C-2 general commercial district, but pr-apefty giat that is guided for- mixed use West Broadway / Highway 81, as sheNNm in the fiAuffe land use map in the Crystal Comprehensive Plan. provided that the site also meets one of the following additional location criteria: ® It abuts West Broadway between 48t" Avenue and Douglas Drive; or ® It is located within the area bounded by Corvallis Avenue, West Broadwu, Douglas Drive, 56t" Avenue, and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property. The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient fluids or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if PAGE 3 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for any lots wholly or partially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council; and such approval may only be granted if the City Council finds that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. A tower also may not be constructed unless a building permit has been issued by the building official. c) A tower is a conditional use in any zoning district if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in City Code: 1) The applicant and property owner submit a Special Land Use Application includingthe he required application fee for a telecommunications tower phis the fee for a conditional use permit in accordance with the fee schedule adopted by City Council, which shall include sufficient finds or the provision to draw on sufficient fluids with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpa ery ' for any lots whollypartially within 1,000 feet of the lot on which the proposed tower would be located. The addressees for such notices shall be based on records provided to the city by the Hernlepin County taxpayer services department. Such notices shall be sent via U.S. Mail no less than ten days prior to the public hearing Failure of a particular party to receive notice shall not invalidate the proceedings. 2) The City Council makes a finding that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 4) The City Council makes a finding that the design of the tower, including factors such as shape materials and finishes adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 3) The applicant demonstrates by clear and convincing evidence that there are no co -location options and no other reasonable alternative sites available within the area where a tower is needed to address a material service problem including but not limited to a significant gap in the provider's service. PAGE 4 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) 5) No tower shall be located on a site having an area of less than 3 acres. For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. 6) No tower shall be located within 660 feet (1/8 mile) of another tower. 7) No tower shall be located on a lot having as its principal use any dwelling regardless of whether said dwellingis s single family, two family or multiple family. 8) No part of the tower shall be located within 165 feet (1/32 mile) of any single family or two family dwelling on another lot or within 82.5 feet (1/64 mile of lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non -conforming to the setback requirement. 9) No part of the tower shall be located within 82.5 feet (1/64 anile) of M building containing a child care facility, elementary school or middle school; or M playground, herein defined as a public or private play area having equipment such as swings, slides, and similar facilities designed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 10) The height of the tower shall not exceed 82.5 feet (1/64 mile). 11) The height of the tower shall not exceed 50% of the distance from any part of the tower to the nearest lot line of an adjacent property having a single family or two family dwelling. e d) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d e) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e f) An application to develop a tower shall include: 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. PAGE 5 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f g) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: i) In the 1-1 district, towers may be placed within a side yard abutting an internal industrial street. PROPOSED ORDINANCE - OPTION (Rejected by Council in Fall 2008) ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iii This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. g h) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h i) Height. A tower may not exceed 165 feet in height. i j) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. k) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. k 1) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antemla on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. 1 m) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate fevie.,,ing r, City Council. rpt n) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. n o) Landscaping. Landscaping on parcels containing towers, anteraia support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. PAGE 7 OF 13 PROPOSED ORDINANCE - ®PTI®NA (Rejected by Council in Fall 2008) Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. e p) Security. Towers must be reasonably posted and secured to protect against trespass. p q) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. q r) Stealth. To the extent reasonably practical, towers must be of stealth design. F s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 75 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the inter -national building code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot from the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antemnas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. sl) Existing Towers. 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: PAGE 8OF13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. u v_) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. V w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. PAGE 9 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in coverage of the provider meet the oever-age needs of the applieant's wireless eaRmnunieatie syste and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. x) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. PAGE 10 OF 13 RM x) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. PAGE 10 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) 4) Maintenance or construction on a tower, telecommunications facilities or antemia support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. a) Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. b), Excavation and Monitoring. ,,,:+hi the City. The owner of a telecommunications facilit shall the City with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance, the City may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply. a) Ci , 's Right to Revolve. If the permittee fails to comply with any of the terms imposed by the conditional use permit, the City may impose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by i) written notice of the permittee of the alleged violation, (ii) the opportunity to care the violation during a period not to exceed thirty (30) days followingreceipt eceipt of the written notice, and (iii) a hearing before the City Council at least fifteen (15) days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same PAGE 11 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) notification. The hearing shall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. c) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revoke the permit and shall provide a post -revocation hearing before the City Council not more than fifteen (15) days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. d) Record. Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 5. In Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: PAGE 12 OF 13 PROPOSED ORDINANCE - OPTIONA (Rejected by Council in Fall 2008) 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: _ Effective Date: FTIVIMW Janet Lewis, City Clerk PAGE 13 OF 13 ReNae J. Bowman, Mayor PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. c) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when detennined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommuriications services to the residents and businesses of the city in an orderly fashion. PAGE 1 OF 13 EXHIBIT 151 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a tower, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the wad they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) "Engineer" means any engineer licensed by the state of Minnesota. e) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district, provided that the site also meets one of the following additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue 32nd Avenue or Nevada Avenue; or ® It is located within the area bounded by Corvallis Avenue, West Broadway, Avenue/Bottineau Boulevard. A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner insist submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient fiends or the provision to draw on sufficient fiords with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. b) A tower is a conditional use in the C-2 general commercial district, but only on prepefty that dia4 is guided fer mixed use West Broadway / Highway 81, as shevffi in the futufe land use map in the Crystal Comprehensive Plan. provided that the site also meets one of the following additional location criteria: 48"' Avenue and Douglas Drive; ® It is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive, 561h Avenue, and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property. The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant ggps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if PAGE 3 OF 13 PROPOSED ORDINANCE- OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpg er" for any lots wholly or partially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Council;, and such approval may only be granted if the City Council finds that theeg neral Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. A tower also may not be constructed unless a building permit has been issued by the building official. c) A tower is a conditional use in an zoning district if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in City Code: 1 The applicant and property owner submit a Special Land Use Application includingthe Ie required application fee for a telecommunications tower plus the fee for a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient fiends or the provision to draw on sufficient fiends with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearingtparty listed as "taxpa erg M lots wholly or partially within 1,000 feet of the lot on which the proposed tower would be located. The addressees for such notices shall be based on records provided to the city by the Hennepin County taxpayer services department. Such notices shall be sent via U.S. Mail no less than ten days prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. 2 The City Council makes a finding that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 4 The City Council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surroundingarea. rea. 3) The applicant demonstrates by clear and convincing evidence that there are no co -location options and no other reasonable alternative sites available within the area where a tower is needed to address a material service problem including but not limited to a significant gap in the provider's service. PAGE 4 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) 5) No tower shall be located on a site having an area of less than 3 acres, except that for property containing a park stormwater pond or school the minimum lot size shall be 10 acres. For the purposes of determining site area for this particular provision contiguous lots owned by the same entity shall be considered a single site. 6) No tower shall be located within 660 feet (1/8 mile) of another tower. 7) No tower shall be located on a lot having as its principal use a dwelling regardless of whether said dwelling is single family, two family or multiple family. 8) No part of the tower shall be located within 165 feet (1/32 mile) of any single family or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non -conforming to the setback requirement. 9) No part of the tower shall be located within 82.5 feet (1/64 mile) of any building containing a child care facility, elementary school or middle school; or M playground herein defined as a public or private play area having equipment such as swings, slides, and similar facilities designed zed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 10) The height of the tower shall not exceed 82.5 feet (1 /64 mile). 11) The height of the tower shall not exceed 50% of the distance fiom any part of the tower to the nearest lot line of an adjacent property having a single family or two family_ dwelling. e d) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d e) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e f) An application to develop a tower shall include: PAGE 5 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f g) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iW This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. g h) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h i) Height. A tower may not exceed 165 feet in height. i i) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. Lc) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. k 1) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antemia on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. I m) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate r-eviewing b City Council. m 11) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. PAGE 7 OF 13 PROPOSED ORDINANCE - OPTION B -I (Only allowed at parks/schools if site is 10 acres or more) n o) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. e p) Security. Towers must be reasonably posted and secured to protect against trespass. p q,) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. q r) Stealth. To the extent reasonably practical, towers must be of stealth design. r s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 7-5 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of pennitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the intemational building code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot fiom the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. S t) Existing Towers. PAGE 8 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. U v_) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. V w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes PAGE 9 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in coverage of the provider meet the eevei:age needs of the applieaRt's wireless eonuuuttieatio system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. X) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. PAGE 10 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. a) Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. b) Excavation and Monitoring. The owner of a telecommunications facility shall provide the City with current technical evidence of compliance with FCC radiation emission requirements annually or more frequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance the City may_carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply. a) City's Right to Revolve. If the permittee fails to comply with any of the terms imposed by the conditional use permit, the City may penalties or discipline for noncompliance which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by (i) written notice of the permittee of the alleged PAGE 11 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) violation, (ii) the opportunity to cure the violation during a period not to exceed thirty (30) days following receipt of the written notice, and (iii) a hearing before the City Council at least fifteen (15) dgys after sending written notice of the hearing The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the permittee with an opportunity to show cause whypermit should not be subject to discipline. c) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revolve the permit and shall provide a post -revocation hearing before the City Council not more than fifteen (15) days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation or may impose such other and further discipline as it deems appropriate. d) Record. Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 5. In Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: C) Telecommunications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. PAGE 12 OF 13 PROPOSED ORDINANCE - OPTION B-1 (Only allowed at parks/schools if site is 10 acres or more) Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: _ Effective Date: ATTEST: Janet Lewis, City Clerk PAGE 130F13 ReNae J. Bowman, Mayor PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. PAGE 1 OF 13 EXHIBIT &I PROPOSED ORDINANCE- OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a towers which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) 'Engineer" means any engineer licensed by the state of Mimlesota. e) "Person" is any natural person, fine, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-molulted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district, provided that the site also meets one of the following; additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue 32°a Avenue or Nevada Avenue,• or ® It is located within the area bounded by Corvallis Avenue, West Broadway A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient fiuzds or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. b) A tower is a conditional use in the C-2 general commercial district, but epAy o pr-epeAy that that is guided for- mixed use West Br-oadwa�, / Highway 81, as - provided that the site also meets one of the following additional location criteria: ® It abuts West Broadway between 48th Avenue and Douglas Drive; or ® It is located within the area bounded by Corvallis Avenue, West Broadway Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property_ The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient fiulds or the provision to draw on sufficient fiulds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if PAGE 3 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer"r M lots wholly or partially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Councili and such approval may granted if the City Council finds that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a are met. A tower also may not be constructed unless a building permit has been issued by the building official. c) A tower is a conditional use in any zoning district if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in Cite: 1 The applicant and property owner submit a Special Land Use Application including the required application fee for a telecommunications tower plus the fee for a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient fiends with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for M lots wholly or partially within 1,000 feet of the lot on which the proposed tower would be located. The addressees for such notices shall be based on records provided to the city by the Hemlepin County taxpayer services department. Such notices shall be sent via U.S. Mail no less than ten days prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. 2) The City Council makes a finding that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 4) The City Council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 3) The applicant demonstrates by clear and convincing evidence that there are no co -location options and no other reasonable alternative sites available within the area where a tower is needed to address a material service problem including but not limited to a significant gap in the provider's service. PAGE 4 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) 5) No tower shall be located on a site having an area of less than 3 acres, except that for property containing a park, storrnwater pond or school the minimum lot size shall be 15 acres. For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. 6) No tower shall be located within 660 feet (1/8 mile) of another tower. 7) No tower shall be located on a lot having as its principal use a dwelling regardless of whether said dwelling is single family, two family or multiple family. 8) No part of the tower shall be located within 165 feet (1/32 mile) of any single family or two family dwelling on another lot or within 82.5 feet (1/64 mile)of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling even if such expansion causes the tower to become non -conforming to the setback requirement. 9) No part of the tower shall be located within 82.5 feet (1/64 mile) of any building containing; a child care facility, elementary school or middle school,• or any playground, herein defined as a public or private play area having equipment such as swims, slides, and similar facilities designed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 10) The height of the tower shall not exceed 82.5 feet (1/64 mile 11) The height of the tower shall not exceed 50% of the distance from any part of the tower to the nearest lot line of an adjacent -propegy having a single family or two family dwelling. e d) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d e) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e f) An application to develop a tower shall include: PAGE 5 OF 13 PROPOSED ORDINANCE - OPTION. -2 (Only allowed at parks/schools if site is 15 acres or more) 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f g) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: PAGE 6 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) i) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iii This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. g h) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h i) Height. A tower may not exceed 165 feet in height. } j) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. lc) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. k 1) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. I m) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the^, nate reviewing b City Council. m n) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. PAGE 7 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) n o) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. a p) Security. Towers must be reasonably posted and secured to protect against trespass. p q) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. q r) Stealth. To the extent reasonably practical, towers must be of stealth design. r s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 7-5 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the inter -national inter-nationalbuilding code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot from the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. s t) Existing Towers. PAGE 8 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city pen -nit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. u v) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. v w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes PAGE 9 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minim -Lim standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in coverage of therp ovider meet the eevefage needs of the applieeAWs wireless eanuilunieafioi item and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. x) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. PAGE 10 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne by the property owner. Based mon the results of an inspection, the building official may require repair or removal of a tower. b) Excavation and Monitoring. ,,,:thi h§ Qjt3 The owner of a telecommunications facilily shall provide the City with current technical evidence of compliance with FCC radiation emission requirements annually or more frequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance the City may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply_ a) City's Right to Revoke. If the permittee fails to comply with any of the terms imposed by the conditional use permit, the City impose penalties or discipline for noncompliance which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by (i) written notice of the permittee of the alleged PAGE 11 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed at parks/schools if site is 15 acres or more) violation (ii) the opportunity to cure the violation during a period not to exceed thirty (30) days followingreceipt of the written notice, and (iii) a hearing before the City Council at least fifteen (15) days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearing shall provide the pennittee with an opportunity to show cause why the permit should not be subject to discipline. c) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revolve the permit and shall provide a post -revocation hearing before the City Council not more than fifteen (15) days after penmittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. d) Record. Any decision to impose a penalty or other discipline shall be in writing and sported by substantial evidence contained in a written record. Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 5. In Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: C) Telecom munications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. PAGE 12 OF 13 PROPOSED ORDINANCE - OPTION B-2 (Only allowed atparkslschools if site is 15 acres or more) Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: Effective Date: ATTEST: Janet Lewis, City Clerk PAGE 13 OF 13 ReNae J. Bowman, Mayor PROPOSED ORDINANCE - OPTION C -I (Not allowed at any park or school but allowed at res >3 acres and comm/ind ?l acre) ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person fiom providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. PAGE 7 OF 13 EXHIBIT e -t PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and conam/ind >J acre) Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a tower,, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) "Engineer" means any engineer licensed by the state of Minnesota. C) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding enviromrrent. Examples of stealth facilities include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and comn0nd ?J acre) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial districtLprovided that the site also meets one of the following additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania A_ venue 32nd Avenue or Nevada Avenue; or ® It is located within the area bounded by Corvallis Avenue, West Broadway, A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient fin -ids with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the implication for compliance with this ordinance including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. b) A tower is a conditional use in the C-2 general commercial district, bta e e property that that is guided for mixed use West Broadway / Highway 81,—as shoyffi in the ftttffe land use map in the Crystal Comprehensive Plan. provided that the site also meets one of the following additional location criteria: ® It abuts West Broadway between 481h Avenue and Douglas Drive; or • It is located within the area bounded by Corvallis Avenue, West Broadway, Douglas Drive 56th Avenue and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property. The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient fields or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if PAGE 3 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and comm/ind ? l acre) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for M lots wholly or partially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Councils and such approval matey be granted if the City Council finds that theeg neral Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. A tower also may not be constructed unless a building permit has been issued by the building official. c) A tower is a conditional use in any zoning district if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in City Code: 1) The applicant and property owner submit a Special Land Use Application includingthe he required application fee for a telecommunications tower plus the fee for a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient funds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for M lots wholly or partially within 1,000 feet of the lot on which the proposed tower would be located. The addressees for such notices shall be based on records provided to the city by the Hennepin County taxpayer services department. Such notices shall be sent via U.S. Mail no less than ten days prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. 2) The City Council makes a finding that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 4) The City Council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 3) The applicant demonstrates by clear and convincing evidence that there are no co -location options and no other reasonable alternative sites available within the area where a tower is needed to address a material service problem including but not limited to a significant gap in the provider's service. 5) No tower shall be located on a site having an area of less than the following: PAGE 4 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and comm/ind ?I acre) a. If zoned Commercial or Industrial then the site shall contain at least 1 acre. b. If zoned Residential then the site shall contain at least 3 acres. c. Notwithstanding a and b above, regardless of zoning, if the principal use on the site is a city building, county building, or a church, then the site shall contain at least 3 acres. For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. 6) No tower shall be located within 660 feet (1/8 mile) of another tower. 7) No tower shall be located on a lot having as its principal use a park or stormwater pond; any building containing a child care facility, elementary school, middle school or high school; or any lot having as its principal use a single family or two family dwelling_ 8) No part of the tower shall be located within 165 feet (1/32 mile) of any single family or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non -conforming to the setback requirement. 9) No part of the tower shall be located within 82.5 feet (1/64 mile) of any building containing a child care facility, elementary school or middle school; or M playground, herein defined as a public or private play area having equipment such as swings, slides, and similar facilities designed zed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 10 The height of the tower shall not exceed 82.5 feet (1/64 mile). 11 The height of the tower shall not exceed 50% of the distance from M part of the tower to the nearest lot line of an adjacent property having a single family or two family dwelling e d) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d e) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e f) An application to develop a tower shall include: PAGE 5 OF 13 PROPOSED ORDINANCE - OPTION C=1 (Not allowed at any park or school but allowed at res >_3 acres and comm/ind ?1 acre) 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f g) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: eJ PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >3 acres and comm/ind >_I acre) i) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iii This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. g h) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h i) Height. A tower may not exceed 165 feet in height. i j) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. k) Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. k 1) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antemia on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. I rn) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate reviewing 7 edy City Council. m n) Fencing. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. PAGE 7 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and commlind?] acre) n 2) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. e p) Security. Towers must be reasonably posted and secured to protect against trespass. p q) Access. Parcels upon which towers are located must provide access during normal business hours to at least I paved vehicular parking space on site. q r) Stealth. To the extent reasonably practical, towers must be of stealth design. r s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 74 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maxim -Lim height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the intemational building code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back I foot from the edge of the primary roof for each I foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. sj) Existing Towers. PAGE 8 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and commlind ?l acre) 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. U v_) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. V w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes PAGE 9 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and commlind >J acre) compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in coverage of the provider syiTCCi'12 and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. X) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. e1�[iZ�]�Lc3 IN �1! �111�9G�CMEN Mlif X) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. e1�[iZ�]�Lc3 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and commAnd ?l acre) 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. a) Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne bathe property owner. Based mon the results of an inspection, the building official may require repair or removal of a tower. b) Excavation and Monitoring. mjt ;,, j r�. The owner of a telecommunications facility shall provide the City with current, technical evidence of compliance with FCC radiation emission requirements, annually or more fiequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance, the Cily may carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply. a) City's Right to Revoke. If the pernzittee fails to comply with any of the terms imposed by the conditional use permit, the City may i1npose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by (i) written notice of the permittee of the alleged PAGE 11 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res >_3 acres and comm/ind ?1 acre) violation (ii the opportunity to cure the violation during a period not to exceed thigy (30) days followingreceipt eceipt of the written notice, and (iii) a hearingbefore efore the City Council at least fifteen (15) days after sending written notice of the hearing. The notices contained in (i) and (iii) may be contained in the same notification. The hearingshall hall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. c) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revolve the permit and shall Provide a post -revocation hearing before the City Council not more than fifteen (15) days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. d) Record. Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 5. In Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. PAGE 12 OF 13 PROPOSED ORDINANCE - OPTION C-1 (Not allowed at any park or school but allowed at res �!3 acres and commlind �!I acre) Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: Effective Date: ATTEST: Janet Lewis, City Clerk PAGE 13 OF 13 ReNae J. Bowman, Mayor PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_S acres and comm/incl >2 acres) ORDINANCE NO. 2009 - AN ORDINANCE AMENDING SECTION 515 OF CRYSTAL CITY CODE PERTAINING TO TELECOMMUNICATIONS TOWERS THE CITY OF CRYSTAL ORDAINS: Section 1. Crystal City Code Section 515.21 (Zoning - Telecommunications Towers) is amended as follows: 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Pur pose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommzuiication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and anterma support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. EXHIBIT PAGE 1 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_S acres and comm/ind >2 acres) Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure; other than a tower_, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna, then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) "Engineer" means any engineer licensed by the state of Minnesota. e) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications PAGE 2 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_S acres and comm/ind �:2 acres) facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district, provided that the site also meets one of the following additional location criteria: ® It abuts the Canadian Pacific railroad property and also abuts Pennsylvania Avenue 32nd Avenue or Nevada Avenue,• or ® It is located within the area bounded by Corvallis Avenue. West Broadway and Lakeland Ai A tower may not be constructed unless a site plan has been approved by the City Council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council, which shall include sufficient fiinds or the provision to draw on sufficient fiulds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the Cites sole discretion. b) A tower is a conditional use in the C-2 general commercial district, but epAy on pfapefty dial that is guided for- mixed use West Broadway / Highway 81, --as sheyffi in the futufe land use inap in the Crystal Comprehensive Plan. provided that the site also meets one of the following additional location criteria: • It abuts West Broadway between 48"' Avenue and Douglas Drive,• or ® It is located within the area bounded by Corvallis Avenue, West Broadway,, Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard; or ® It abuts Lakeland Avenue/Bottineau Boulevard and is north of the Canadian Pacific railroad property. The applicant and property owner must submit a Special Land Use Application including the required application fees for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient Rinds with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs all if PAGE 3 OF 13 PROPOSED ORDINANCE - OPTION C=2 (Not allowed at any park or school but allowed at res >_5 acres and comm/ind ?� acres) necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for any lots whollypartially within 350 feet of the lot on which the proposed tower would be located. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the City Councili and such approval may only be granted if the City Council finds that theeg neral Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. A tower also may not be constructed unless a building permit has been issued by the building official. c� A tower is a conditional use in any zoning district if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in City Code: 1) The applicant and property owner submit a Special Land Use Application includingthe he required application fee for a telecommunications tower plus the fee for a conditional use permit in accordance with the fee schedule adopted by the City Council, which shall include sufficient funds or the provision to draw on sufficient fluids with some form of collateral satisfactory to the City, to reimburse the City its reasonable expenses to review all aspects of the application for compliance with this ordinance, including but not limited to, engineers to review radio frequency for compliance with standards under the Act, to confirm the existence of significant gaps and the absence of alternative available locations for the facilities and structural safety review, and attorneys fees and costs, all if necessary in the City's sole discretion. The zoning administrator shall send notice of the conditional use permit public hearing to the party listed as "taxpayer" for M lots wholly or partially within 1,000 feet of the lot on which the proposed tower would be located. The addressees for such notices shall be based on records provided to the city by the Hennepin County taxpayer services department. Such notices shall be sent via U.S. Mail no less than ten day -prior to the public hearing. Failure of a particular party to receive notice shall not invalidate the proceedings. 2 The City Council makes a finding that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 4 The City Council makes a finding that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 3 The applicant demonstrates by clear and convincing evidence that there are no co -location options and no other reasonable alternative sites available within the area where a tower is needed to address a material service problem including but not limited to a significant gap in the provider's service. 5) No tower shall be located on a site having an area of less than the following_ PAGE 4 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and comm/ind ?2 acres) a. If zoned Commercial or Industrial then the site shall contain at least 2 acres. b. If zoned Residential then the site shall contain at least 5 acres. c. Notwithstanding a and b above, regardless of zoning, if the principal use on the site is a city building, county building, or a church, then the site shall contain at least 3 acres. For the purposes of determining site area for this particular provision, contiguous lots owned by the same entity shall be considered a single site. 6) No tower shall be located within 660 feet (1/8 mile) of another tower. 7) No tower shall be located on a lot having as its principal use a park or stormwater pond, any building containing a child care facility, elementary school, middle school or high school; or any lot having as its principal use a single family or two family dwelling, 8) No part of the tower shall be located within 165 feet (1/32 mile o) f angle family or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. This provision shall not prohibit the subsequent expansion of a dwelling which reduces the distance from a tower to the dwelling, even if such expansion causes the tower to become non -conforming to the setback requirement. 9) No part of the tower shall be located within 82.5 feet (1/64 mile) of any building containing a child care facility, elementary school or middle school; or M plgyground, herein defined as a public or private play area having equipment such as swings, slides, and similar facilities designed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 10 The height of the tower shall not exceed 82.5 feet (1/64 mile). 11 The height of the tower shall not exceed 50% of the distance from any part of the tower to the nearest lot line of an adjacent propertyha single family or two family dwellin& e d) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d e) Unless the applicant presents clear and convincing evidence to the city manager that co -location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant. e f) An application to develop a tower shall include: PAGE 5OF13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_S acres and comm/ind ?2 acres) 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other commur ications service enjoyed by adjacent residential and non- residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. f g) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: PAGE 60F13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and comm/ind >2 acres) i) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. ii) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iii This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c, above. g h) Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h i) Height. A tower may not exceed 165 feet in height. i j.) Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 c) above. k) Method of Determining, Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. k 1) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. I m) Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate ,-evict. ing b City Council. m n) Fencin . Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. PAGE 7 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and comm/ind ?2 acres) n o) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding enviromnent and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. a p) Security. Towers must be reasonably posted and secured to protect against trespass. p q) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. q r) Stealth. To the extent reasonably practical, towers must be of stealth design. r s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 7-5 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the ii4emational building code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back. 1 foot from the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the anterma support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. s t) Existing Towers. PAGE 8 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and comn7/ind ?2 acres) 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. u v_) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. v w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes PAGE 9 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and commlind >2 acres) compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proxiinity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to close a significant gap in coverage of the provider meet the eovei:age needs of the applieant's wireless eow.'Iyunieatio system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. x) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. PAGE 10 OF 13 I w LLUMILSLUMOLUM MM M. x) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with the use of other property. PAGE 10 OF 13 PROPOSED ORDINANCE - OPTION C -Z (Not allowed at any park or school but allowed at res >_S acres and comin ind ?2 acres) 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. Subd. 5. Additional Requirements. a) Inspections. The City may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the Uniform Building Code and other construction standards provided by the city code, federal land state law. The expense related to such inspections will be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. bb) Excavation and Monitoring. .,,ithi, *�. The owner of a telecommunications facilit shall the City with current, technical evidence of compliance with FCC radiation emission requirements, annually or more frequently at the City's reasonable request. If the owner does not promptly provide the City with satisfactory technical evidence of FCC compliance, the Cit�mgy carry out tests to ensure FCC radiation compliance using a qualified expert. The owner shall reimburse the City for its reasonable costs in carrying out such compliance testing. Subd. 6. Failure to Comply. City's Right to Revoke. If the permittee fails to comply with any of the terms imposed by the conditional use permit, the Citepose penalties or discipline for noncompliance, which may include revocation of the permit, in accordance with the following provisions. b) Procedure. Except as provided in subsection c) below, the imposition of any penalty shall be preceded by (i) written notice of the permittee of the alleged PAGE 11 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res >_5 acres and comm/ind >2 acres) violation, (ii) the opportunity to cure the violation during a period not to exceed thirty (30) days followingreceipt of the written notice, and (iii) a hearing before the City Council at least fifteen (15) days after sending written notice of the hearing. The notices contained in (i) and (iii) mqy be contained in the same notification. The hearingshall hall provide the permittee with an opportunity to show cause why the permit should not be subject to discipline. c) Exigent Circumstances. If the City finds that exigent circumstances exist requiring immediate permit revocation, the City may revolve the permit and shall provide a post -revocation hearing before the City Council not more than fifteen (15) days after permittee's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate. d) Record. Any decision to impose a penalty or other discipline shall be in writing and supported by substantial evidence contained in a written record. Section 2. In Crystal City Code Section 515.33 Subd. 4 (Low Density Residential Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 3. In Crystal City Code Section 515.37 Subd. 4 (Medium Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 4. In Crystal City Code Section 515.41 Subd. 4 (High Density Residential Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 5. In Crystal City Code Section 515.45 Subd. 4 (Neighborhood Commercial Conditional Uses), a new item e) is added to read as follows: e) Telecommunications towers in accordance with the requirements of Section 515.21. Section 6. In Crystal City Code Section 515.49 Subd. 4 (General Commercial Conditional Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. Section 7. In Crystal City Code Section 515.53 Subd. 2 (Light Industrial Permitted Uses), a new item p) is added to read as follows: p) Telecommunications towers in accordance with the requirements of Section 515.21. PAGE 12 OF 13 PROPOSED ORDINANCE - OPTION C-2 (Not allowed at any park or school but allowed at res -�5 acres and commlind ?2 acres) Section 8. In Crystal City Code Section 515.53 Subd. 4 (Light Industrial Conditional Uses), a new item 1) is added to read as follows: 1) Telecommunications towers in accordance with the requirements of Section 515.21. Section 9. This ordinance is effective in accordance with Crystal City Code, Subsection 110.11. First Reading: Second Reading/Adopted: Summary Publication: Effective Date: ATTEST: Janet Lewis, City Clerk PAGE 13 OF 13 ReNae J. Bowman, Mayor EXHIBITF G:iPLANNING14pplications12009109 Telecomm Towers (text amendmentV12009.07.21 options comparo.xis POTENTIAL SITES FOR ADDITIONAL TOWER LOCATIONS BY CONDITIONAL USE PERMIT (ACTUAL SUITABILITY OF EACH SITE DEPENDENT ON OTHER FACTORS INCLUDING, SETBACKS, PHYSICAL CHARACTERISTICS, ETC.) OPTION A OPTION B-1 OPTION B-2 OPTION C-1 OPTION C-2 NOT ALLOWED ON NOT ALLOWED ON NOT ALLOWED ON NOT ALLOWED AT ANY NOT ALLOWED AT ANY TOTAL TYPE RESIDENTIAL SITES; RESIDENTIAL SITES; ONLY RESIDENTIAL SITES; ONLY PARKISCHOOL; ALLOWED PARK/SCHOOL; ALLOWED LOT SITE OF ALLOWED AT PARKS & ALLOWED AT PARKS & ALLOWED AT PARKS & ON RESIDENTIAL SITES?: 3 ON RESIDENTIAL SITES ? 5 AREA AREA PROPERTY LAND SCHOOLS (COUNCIL SCHOOLS IF SITE IS AT SCHOOLS IF SITE IS AT ACRES & COMMERCIAL ACRES & COMMERCIAL # (acres) (acres) DESCRIPTION USE REJECTED IN FALL 2008 LEAST 10 ACRES LEAST 15 ACRES SITES >_ 1 ACRE SITES ? 2 ACRES 1 4.05 4.05 Skyway Park 4.05 2 12.28 12.64 North Lions Park 12.28 12.28 3 0.36 0.36 0.36 4 3.20 3.20 Broadway Park 3.20 5 2.86 2.86 Thriftway Comm 2.86 2.86 6 2.11 2.11 Wells Faro Comm 2.11 2.11 7 1.37 1.37 7000 57th Comm 1.37 8 1.78 1.78 Walgreen's Comm 1.78 9 11.00 11.00 11.00 10 1.76 13.83 St Raphael's church/school Inst 1.76 1.76 11 1.07 1.07 1.07 12 3.70 3.70 Kentucky Lane Res 3.70 13 21.04 21.04 Crystal Shop Ctr Comm 21.04 21.04 21.04 21.04 21.04 14 11.50 11.50 Target Comm 11.50 11.50 11.50 11.50 11.50 15 2.87 2.87 2.87 2.87 2.87 2.87 16 0.85 5.50 Crystal Town Center Comm 0.85 0.85 0.85 0.85 0.85 17 1.60 1.60 1.60 1.60 1.60 1.60 18 0.18 0.18 0.18 0.18 0.18 0.18 19 4.54 11.36 Becker Park 4.54 4.54 20 6.82 6.82 6.82 21 7.74 7.74 1 Crystal Gallery Mall Comm 7.74 7.74 7.74 7.74 7.74 22 1.56 1.56 Wend 's Comm 1.56 23 1.60 1.60 Perkins Comm 1.60 24 1.28 1.28 McDonald's Comm 1.28 25 5.46 5.46 Cedarwood Res 5.46 5.46 26 1.02 1.02 6000 56th Comm 1.02 27 2.36 2.36 VFW Comm 2.36 2.36 28 3.59 3.59 vac land 59th-Orch Res 3.59 29 4.34 4.34 Twin Lake N condos Res 4.34 30 3.52 3.52 31 0.20 0.20 32 0.34 Twin Oaks including new 0.34 33 0.33 4.99 stormwater pond site Park 0.33 34 0.31 0.31 35 0.29 1 0.29 36 1.32 1.32 Re al Carwash Comm 1.32 37 2.28 2.28 Crystal Motors Comm 2.28 2.28 38 8.82 8.81 Cavanagh Inst 8.82 39 0.09 0.09 40 4.98 4.98 Qwest Indust 4.98 4.98 4.98 4.98 4.98 41 9.50 9.50 Welcome Park 9.50 42 24.89 43.85 Glen Haven cemetery Inst 24.89 24.89 24.89 24.89 24.89 43 18.96 18.96 18.96 18.96 18.96 18.96 44 14.73 1477 C .rystal Community Center Inst 14.73 14.73 14.73 14.73 45 0.04 0.04 0.04 0.04 0.04 46 15.41 15.41 Forest Inst 15.41 15.41 15.41 47 7.29 7.29 7.29 48 2.79 10.28 Memory Lane Pond 2.79 2.79 49 0.20 0.20 0.20 501 4.06 4.06 Brownwood Pond 4.06 51 5.07 5.07 52 0.29 0.29 53 0.95 7.17 Hagemeister Park 0.95 54 0.40 0.40 55 0.17 0.17 56 0.29 1 0.29 57 3.03 3.03 Library Inst 3.03 3.03 3.03 3.03 3.03 58 3.39 3.39 Citv Hall Inst 3.39 3.39 3.39 3.39 3.39 59 1.05 1.85 Super Valu Comm 1.05 60 0.80 0.80 61 0.66 Adair Liquor & Sweet 0.66 62 0.25 1.05 Taste of Italy Comm 0.25 63 0.14 0.14 64 4.88 4.88 City Water Reservoir Inst 4.88 4.88 4.88 4.88 65 5.11 5.11 City Publ Wrks Facil Inst 5.11 5.11 5.11 5.11 5.11 66 4.80 4.80 Gaulke Pond 4.80 67 9.91 9.91 FAIR School Inst 9.91 68 1.77 Gaulke farm site (two 3'58 Res 1.77 69 1.81 existing houses) 1.81 70 1.46 1.46 small strip mall Comm 1.46 71 2.06 2.06 Crystal Care Center Inst 2.06 2.06 72 9.60 9.60 Cub Foods Comm 9.60 9.60 9.60 9.60 9.60 73 1.02 1.02 small strip mall Comm 1.02 74 1.00 1.00 Chalet Liquor Comm 1.00 75 1.53 1.53 small strip mall Comm 1.53 76 64.51 64.51 64.51 64.51 77 1.33 1.33 1.33 1.33 78 0.47 66.95 Bassett Creek Park 0.47 0.47 0.47 79 0.32 0.32 0.32 0.32 80 0.32 0.32 0.32 0.32 81 2.57 2.57 82 6.68 9.33 Bassett Creek Extension Park 6.68 83 0.08 0.08 84 4.92 4.92 Heathers - asst living Res 4.92 85 7.81 7.81 Heathers a is Res 7.81 7.81 86 3.89 3.89 Lamplighter a is Res 3.89 87 2.09 2.09 strip mall Comm 2.09 2.09 88 2.27 4.57 Sedona Hills apts Res 2.27 89 2.30 2.30 90 5.36 5.36 LDS church Inst 5.36 5.36 5.36 5.36 91 12.31 12.31 Neill Inst 12.31 12.31 92 3.01 3.01 Sunn view Heights Park 3.01 93 5.91 5.91 5.91 5.91 94 2.00 2.00 2.00 2.00 95 2.39 20.84 Valley Place Park 2.39 2.39 2.39 96 8.49 8.49 8.49 8.49 97 2.05 1 2.05 2.05 2.05 98 4.00 4.00 Lou -Ann Terra is Res 4.00 99 4.04 4.04 Barcelona a is Res 4.04 100 8.21 12.25 Cornerstone church/school Inst 8.21 8.21 101 4.04 4.04 4.04 102 3.72 3.72 Nevada Court condos Res 3.72 103 4.94 17.98 Crystal Village apts (east) Res 4.94 4.94 104 13.04 13.04 13.04 105 3.19 7-14 Crystal Village apts (west) Res 3.19 3.19 106 3.95 3.95 3.95 107 2.71 2.71 108 0.25 3.41 Yunker Park 0.25 109 0.24 0.24 1101 0.21 0.21 111 10.38 10.38 Winnetka Village a is Res 10.38 10.38 112 2.25 2.25 Crystal Kitchen Ctr Comm 2.25 2.25 113 6.10 6.10 6.10 6.10 6.10 6.10 114 6.09 19.17 Adath Jeshurun cemetery Inst 6.09 6.09 6.09 6.09 6.09 115 6.98 6.98 6.98 6.98 6.98 6.98 116 15.27 15.27 Beth EI Syn cemetery Inst 15.27 15.27 15.27 15.27 15.27 EXHIBITF G:iPLANNING14pplications12009109 Telecomm Towers (text amendmentV12009.07.21 options comparo.xis malluffi-mis Due to New Comprehensive Plan OWN1,1111% i m a m no I NE! ® 7! 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