HomeMy WebLinkAbout12/9/08
City of Farmington
430 Third Street
.armington, MN 55024
A Proud Past - A Promising Future
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Timely and Responsive Service to All
Of Our Customers
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AGENDA
PLANNING COMMISSION
DECEMBER 9, 2008
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) November 12, 2008 Regular Meeting Minutes
3. PUBLIC HEARINGS
a) Conditional Use Permit to allow the installation of a monopole cell tower in Tamarack Park -
Con't.
Applicant: FMHC Corporation
2901 Metro Drive, Suite 225
Bloomington, MN 55024
b) Ordinance Amendment to Title 10, Chapter 2 of the City Code in order to define Modular Homes.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
c) Ordinance Amendment to Title 10, Chapter 5, Sections 17 and 19 of the City Code to conditionally
allow Multiple-Family Dwellings, .
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
d) Ordinances Amending Title 10, Chapter 6, Section 14 of the City Code regarding Towers and
Repealing Title 4, Chapter 4 of the City Code concerning the Construction and Maintenance of
Antennas and Supporting Towers.
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. DISCUSSION
None
ADJOURN
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner ~
Conditional Use Permit for the installation of a 75 foot tall monopole cell tower in
Tamarack Park - Continued
FROM:
SUBJECT:
DATE:
December 9,2008
INTRODUCTION
A request for a Conditional Use Permit [CUP] has been made by FMHC Corporation, on behalf of T-
Mobile Central, for the installation of a seventy-five (75') foot high monopole cell tower with accessory
equipment in Tamarack Park. This item was continued from the November 12,2008 regular meeting.
The stated intent for the proposed monopole tower is to increase the in-home cell phone coverage to the
residential areas surrounding Tamarack Park.
Planning Division Review
Applicant:
FMHC Corporation
2901 Metro Drive, Suite 225
Bloomington, MN 55425
Property Owner:
City of Farmington
430 Third Street
Farmington, MN 55024
Attachments:
Exhibit A - CUP Application
Exhibit B - Location Map
Exhibit C - Engineering Letter Regarding Tower Fall Zones
Exhibit D - Detailed Site Plan and Elevations
Exhibit E - Photo Simulations
Location of Property:
-Tamarack Park (please note location map attached as Exhibit B)
-Northwest intersection of Cantata Avenue West and 209th Street
-Outlot F, Tamarack Ridge (Legal Description)
Surrounding Land Use:
Subject property is City owned parkland with multi-family residential
adjacent to the north and west. Single family residential is located to the
south and a cemetery is adjacent to the east.
Existing Zoning:
PIOS (Park I Open Space)
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Comprehensive Plan:
The subject property is comprehensively guided Park/Open Space.
DISCUSSION
The City Code was recently amended to allow monopoles within the City's Park / Open Space Zoning
District. The amendment contained numerous stipulations conceming the installation of monopoles,
which are identified below:
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They are allowed as a conditional use within the A-I, 1-1, and P/OS districts.
Within the Park and Open Space district monopoles can only be installed in parks that contain
facilities.
One monopole is allowed per park (with facilities).
There shall be no crows nest, platforms, or guy wires on monopoles in any approved district.
Antenna arms are to be separated by 10 feet.
Monopoles in a park (with facilities) must be setback 75 feet except when a qualified engineers
report specifies that any collapse of pole will occur within a lesser distance.
The maximum height of a monopole installed in a park (with facilities) is 75 feet.
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Site Location & Layout
The proposed monopole and accessory ground equipment will be located in the northeast portion of
Tamarack Park between the northern end of the basketball court and the trail just south of the stormwater
pond. The City is in the process of negotiating a lease agreement for a 20' x 15' area to house the 75'
high monopole and accessory equipment (the execution of a lease agreement will be a condition to the
. CUP, if approved).
Within the lease area will be a 7' x 12'8" concrete pad on which the ground equipment will be affixed to.
The accessory ground equipment will consist of four six (6') foot tall cabinet structures that will securely
house the necessary operating equipment for the monopole. In addition, a concrete slab will be poured
around the base of the monopole and will match into the concrete pad for the ground equipment. As part
of the lease agreement, the applicant is also requesting a fifteen (15') foot wide access and utility
easement that will extend from the northeast comer of the lease area to the curb line of Cantata Avenue.
A secondary benefit to the monopole is that it will be fitted with a lighting fixture which will illuminate
the basketball court and playground area at night. The light fixture will be placed at a height of
approximately forty (40') feet on the monopole. According to Randy Distad, Parks and Recreation
Director, the lighting fixture will utilize a photo cell in order to automatically turn the lights on upon
sunset. Additionally, a timer will be installed to turn the lights off at 11 pm. This is the time when all
parks within the City close, as stipulated in City Code.
Landscaping
As shown on the attached site plan (Exhibit D-I), the applicant is showing a vegetative screening along
the north and east sides of the concrete pad area. It is anticipated that the screening will consist of
arborvitae. Screening is not being proposed on the southerly side of the equipment as the doors to the
three cabinets will open to that general area. A condition to the approval of the CUP will be that the
applicant submits a landscape plan to the Planning Division for approval. The landscape plan must
identify the number, species, and size of plantings for the project.
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Collocation
The monopole will be designed to be collocatable for one additional user to mount a similar antenna as
currently being proposed. If a second antenna is ever to be located on the monopole the two antennas
must be separated by a minimum often (10) feet.
Setback Requirement
As previously mentioned in this memorandum, a monopole located in a park (with facilities) must be
setback seventy-five (75') feet from property lines. This requirement can be reduced provided
documentation is given by a qualified engineer indicating that the "fall zone" for the structure is less than
the required seventy-five (75') feet.
Theoretically, the monopole is designed to have a high stress point at an intermediate height. This will
keep the monopole structure within a certain fall radius. The monopole is designed to collapse upon itself
in the event that a catastrophic event was to occur. The initial failure point or high stress point (hinge
point) of the monopole can be specified at certain elevations. The structure will be designed so that the
stresses in the upper section of the monopole are greater than the stresses in the bottom sections.
Therefore if the upper section were to fail it would collapse onto the bottom section producing
significantly less wind area, hence decreasing the loads applied to the structure. As a result, the structure
would not "free fall" to the ground and stays within the compound area or fall zone. Additional
information regarding the structural integrity of the proposed monopole as well as the fall zone can be
found in the attached letter from the registered professional engineer (Exhibit C).
At this time a fall zone for the proposed monopole has not been determined. Generally, the hinge point
for a seventy-five (75') foot monopole is located anywhere between fifty (50') feet and fifty-six (56') feet
up on the monopole. The high stress points/hinge points will vary on any given monopole depending on
their structural design. This is in large part in order to meet the required setbacks. The setback of the
proposed monopole structure from the eastern property line is approximately fifty-five (55') feet. The
hinge point for the monopole will have to be designed to ensure that the fall radius for the structure is
entirely encompassed within the park property. This will be made a condition of approval. Information
regarding the fall radius/zone and supporting documentation was provided to the applicant from a
registered engineer in the State of Minnesota and is attached as Exhibit C.
Conditional Uses
A conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all general
regulations of this title.
2. The proposed use shall not involve any element or cause and conditions that may be dangerous,
injurious or noxious to any other property or persons and shall comply with the performance
standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce
harmonious relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent
with the environment of the neighborhood.
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5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in
the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the
comprehensive plan.
It is of staffs opinion that the aforementioned criteria have been met; therefore, the Conditional Use
Permit should be approved by the Planning Commission.
ACTION REOUESTED
Approve the requested Conditional Use Permit allowing the construction of a seventy-five (75) foot tall
monopole cell tower (and accessory equipment) within the Tamarack Park, contingent upon the
following:
1. Execution of a lease agreement acceptable to the Park and Recreation Advisory Commission and
City Council.
2. The structure must be designed to ensure if failure of the monopole were to occur that no portion
ofthe monopole would collapse outside of the park's property line.
3. Obtaining all necessary building permits as required by the City's Building Official.
4. Subject to a landscaping plan acceptable to the Planning Division.
Respectfully submitted,
---!w;J2
TO~iPPler, Assistant City Planner
Cc: Kelly Swenseth, FMHC Corporation
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
Tony Wippler, Assistant City Planner JfI'
Ordinance Amendment to Title 10, Chapter 2 of the City Code for purposes of
defining Modular Homes
FROM:
SUBJECT:
DATE:
December 9,2008
INTRODUCTION / DISCUSSION
The Planning Division is suggesting amending Title 10, Chapter 2 of the City Code in order to
define Modular Homes. In the past, there has been some confusion on staffs part concerning
what constitutes a manufactured home versus a modular home. The addition of a definition for
Modular Homes will assist in making this distinction. Currently, the City Code only addresses
and defines manufactured homes, which are only allowed in the R-3 (Medium Density
Residential) Zoning District. Since there is no distinction between a single-family stick built
home and a prefabricated single-family home, staff would allow a modular home in districts that
allow single-family homes. The existing definition of Manufactured Homes is as follows:
MANUFACTURED HOME: A structure, transportable in one or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or
more in length, or, when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical systems contained therein. The
term includes any structure that meets all of the requirements of this definition except the
size requirements and with respect to which the manufacturer voluntarily files a
certification required by the United States secretary of housing and urban development
and complies with the standards established under United States Code, title 42.
The proposed definition for Modular Homes is as follows:
MODULAR HOMES: A factory built home constructed of prefabricated three-
dimensional modules which are then delivered to a building site via separate transport
and placed on a foundation in compliance with all federal. local. and state building codes.
The term does not include any structure that is affixed to a permanent chassis or is
equipped with wheels and/or axles.
. ACTION REOUESTED
Recommend approval of the attached ordinance defining Modular Homes and forward that
recommendation to the City Council.
Respectfully submitted,
7i:&~SiSUlnt City Planner
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10,
CHAPTER 2 OF THE CITY CODE FOR PURPOSES
OF DEFINING MODULAR HOMES
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-2-1: DEFINITIONS of the Farmington City Code is amended as
follows (text to be added is underlined):
MODULAR HOMES:
A factory built home constructed of prefabricated three-
dimensional modules which are then delivered to a building site
via ~arate transport and placed on a foundation in compliance
with all federal. local. and state building codes. The term does
not include any structure that is affIXed to a permanent chassis or
is equipped with wheels and/or axles.
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SECTION 2. Effective Date: This ordinance shall be effective upon its passage and publication
according to law.
ADOPTED this
day of
,200_, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL:
By:
Joel Jamnik, City Attorney
Published in the Farmington Independent the _ day of
, 200_.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO: Planning Commission
FROM: Tony Wippler, Assistant City Planner ~
SUBJECT: Ordinance Amendment to Title 10, Chapter 5, Sections 17 and 19 of the City
Code to conditionally allow Multiple-Family Dwellings
DATE: December 9,2008
INTRODUCTION / DISCUSSION
The Planning Division is suggesting an amendment to Sections 10-5-17 and 10-5-19 of the City
Code as they pertain to the Spruce Street Commercial District and the Mixed Use District,
respectively, to conditionally allow for multiple-family dwellings in those zones.
Presently, the Spruce Street Commercial and the Mixed Use Districts allow for mixed use
buildings as conditional uses. The definition of a mixed use building is as follows:
"A single building that includes office, retail, or commercial uses on at least one floor
and residential apartments or condominiums on upper floors."
The intent of these zoning districts is to create a walkable pedestrian friendly environment that
incorporates business and housing in the same geographic area. As previously mentioned, the
Spruce Street Commercial and Mixed Use zoning districts currently conditionally allows for
multiple-family dwellings, if incorporated with a business use (mixed use building). It is logical
then to conditionally allow for stand alone multiple-family dwellings in these zones as well.
ACTION REOUESTED
Recommend approval of the attached ordinance conditionally allowing Multiple-Family
Dwellings in the Spruce Street Commercial and Mixed Use Zoning Districts, and forward that
recommendation to the City Council.
Respectfully submitted,
-r LJ~ ()
TO~iPPI~t City Planner
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10, CHAPTER 5,
SECTIONS 17 AND 19 OF THE CITY CODE TO CONDITIONALLY
ALLOW MULTIPLE-FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 10, Chapter 5, Sections 17 and 19: Spruce Street Commercial District and
Mixed Use District, respectively ofthe Farmington City Code is amended as follows (text to be
added is underlined):
10-5-17: SSC SPRUCE STREET COMMERCIAL DISTRICT:
(A) Purpose: The SSC Spruce Street commercial district is primarily designated for commercial
retail sales and services. This district is not intended to compete with the businesses in the
central business district; rather, it is intended to provide a location for those businesses that
have space needs that cannot be accommodated in the downtown or would be a disruption to
existing development patterns. Development in this district will provide design elements and
building and site relationships that emulate traditional mainstreet form to create a walkable
pedestrian friendly environment with connections to surrounding areas. The relationship of
the Spruce Street commercial district to CSAH 50, future residential development, and the
central business district will require a greater sensitivity to design with higher quality
standards in order to develop a pleasant, attractive and aesthetically pleasing environment.
(B) Bulk And Density Standards:
Lot area 1 acre
Lot width 100 feet
Front yard At least 50 percent of the building front shall be within 20 feet of the
setback public right of way or private street edge
Side yard INO requirement
setback
Rear yard 20 feet
setback
Height 40 feet
(maximum)
All standards are minimum requirements unless noted.
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(C) Uses:
1. Permitted:
Child daycare center, commercial.
Clinic.
Commercial recreation, indoor.
Commercial services.
Health clubs.
Personal and professional services.
Personal health and beauty.
Restaurants, class I, traditional.
Restaurants, class III, with liquor service.
Retail sales and services.
2. Conditional:
Commercial recreation, outdoor.
Convenience stores, with gas.
Grocery stores.
Hotels and motels.
Major auto repair (confined to the interior of principal building).
Minor auto repair.
Mixed use buildings (shall include office, retail, or commercial uses on at least 1
floor and residential apartments or condominiums on upper floors).
Dwellings, multiple-family
Public buildings.
Public utility buildings.
Restaurants, class II, fast food, convenience.
Theaters.
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3. Accessory:
Parking lots.
4. Interim:
Mineral extraction. (Ord. 003-498, 9-15-2003)
10-5-19: MIXED USE DISTRICT:
(A) Purpose: This district is designed to accommodate a mix of vertically integrated uses that
would closely simulate the existing downtown. The district would allow smaller lots and
provide for buildings to be placed close to adjacent streets.
(B) Bulk And Density Standards:
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Lot area No requirement
Lot width Minimum - 40 feet
Maximum - 100 feet
Front yard setback Maximum - 0 feet
Side yard setback No requirement
Rear yard setback 20 feet
Height (maximum) 40 feet
All standards are minimum requirements unless noted.
(C) Uses:
1. Permitted:
Child daycare facility, commercial.
Commercial recreation, indoor.
Health clubs.
Offices.
Restaurants, class I, traditional.
Restaurants, class III, with liquor service.
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Retail sales and services.
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2. Conditional:
Mixed use buildings (shall include office, retail, or commercial uses on at least 1 floor and
residential apartments or condominiums on upper floors).
Dwellings. multi-family
Restaurants, class II, fast food, convenience.
Theaters.
3. Accessory:
Parking lots.
4. Interim:
Mineral extraction. (Ord. 003-498, 9-15-2003)
SECTION 2, Effective Date. This ordinance shall be effective upon its passage and publication
according to law.
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ADOPTED this
day of
,200_, by the City Council ofthe City of Farmington.
CITY OF FARMINGTON
By:
Kevan Soderberg, Mayor
ATTEST:
By:
Peter Herlofsky, Jr., City Administrator
SEAL:
By:
Joel Jamnik, City Attorney
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Published in the Farmington Independent the _ day of
,200_.
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City of Farmington
430 Third Street
Farmington, Minnesota
651.463.7111 . Fax 651.463.2591
www.ci.farmington.mn.us
TO:
Planning Commission
Lee Smick, AICP ~
City Planner
FROM:
SUBJECT:
Ordinance to Repeal Title 4 Chapter 4 and Revise Section 10-6-14 concerning
Towers, Monopoles, and Antennas
DATE:
December 9,2008
INTRODUCTIONIDISCUSSION
The proposed Cell Tower Code Update is attached for review. Staff is proposing to repeal Title
4 Chapter 4 in order to include it in Section 10-6-14 of the Code.
. The section concerning where the City proposes to locate towers, monopoles, and antennas is
described below showing the underlined text as suggestions to the code:
(B) Districts Allowed:
1. Towers or monopoles supporting commercial antennas and conforming to all applicable
provisions of this code shall be allowed as a conditional use within the A-I, 1-1, IP. B-l. B-3
and P/OS districts (parks with facilities).
2. Towers. monopoles or antennas shall be allowed in the following residentially-zoned
locations: Schools. Churches. Public Buildings. Hospitals. and Clinics and shall conform to
all applicable provisions of this code and shall be allowed as a conditional use. The
maximum height of the towers. monopoles or antennas is 75 feet for these residentially-
zoned locations. Rationale: Staffwas concerned about allowing towers over 75 feet in
residential areas because of the aesthetics of a lattice tower with guy wires near residences.
This has become a real contentious issue in the first ring suburbs in recent months with
towers being constructed at 200 feet tall in residential areas.
3. Antennas may be mounted on structures that serve other pur,poses such as light standards.
emergency siren poles. or public utility poles provided they conform to all applicable
provisions of this code and shall be allowed as a conditional use. Structure must be
engineered to withstand the additional load of an antenna.
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. ACTION REOUESTED
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Recommend approval of the repealing of Title 4 Chapter 4 and the text revisions in Section 10-6-
14 and forward the recommendations to the City Council.
Respectfull~ su~tter;
~g40
~C~~AICP
City Planner
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE REPEALING TITLE 4 CHAPTER 4
CONCERNING CONSTRUCTION AND MAINTENANCE OF
ANTENNAS AND SUPPORTING TOWERS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 4, Chapter 4 of the City Code for the City of Farmington is hereby
repealed.
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
ADOPTED this _day of
Farmington.
, 2008, by the City Council of the City of
CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
ATTEST:
By:
Peter 1. Herlofsky, Jr., City Administrator
SEAL
By:
Joel Jamnik, City Attorney
Published in the Farmington Independent the _ day of
, 2008.
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE
ZONING ORDINANCE, CONCERNING TOWERS, MONOPOLES, AND ANTENNAS
NOTICE IS HEREBY GIVEN that, on , Ordinance No. was
adopted by the City Council of the City of Farmington, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the Section 10-6-14 is amended concerning
towers, monopoles, and antennas. The ordinance adopts a purpose statement section and permits
towers, monopoles, and antennas, not to exceed 75 feet in height, on school, church, public
building, hospital, and clinic property with a conditional use permit. The ordinance permits
antennas to be mounted on structures that serve other purposes and requires applicants for new
tower or monopole to demonstrate that the wireless communication service cannot be
accommodated on an existing tower or monopole or building. The ordinance requires a tower or
monopole to be designed to accommodate additional users and provides standards for setbacks,
height, lighting, signage, and accessory buildings. The ordinance requires abandoned or unused
portions of towers, monopoles or antennas to be removed within 90 days of the cessation of the
operation and imposes a fee to abandon the same. The ordinance states that the building official
may approve the installation of antennas on existing structures, requires a permit to erect,
construct, place, replace, or repair any new tower or monopole, but does not require a permit for
certain antenna adjustments or replacements. The ordinance also requires all towers, monopoles,
and antennas to comply with specific construction standards, prohibits the structural alteration of
nonconforming towers, monopoles and antennas without complying with the zoning ordinance,
subjects all towers, monopoles and antennas to a City inspection, and requires towers,
monopoles, and antennas to be maintained to specific standards.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours.
APPROVED for publication by the City Council ofthe City of Farmington this _
day of ,2008.
142593v2
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Approved as to form this _ day of
CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
By:
Peter J. Herlofsky, Jr., City Administrator
, 2008.
By:
Joel J. Jamnik, City Attorney
,2008.
Published in the Farmington Independent the _ day of
142593v2
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CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10 OF THE
FARMINGTON CITY CODE, THE ZONING ORDINANCE,
CONCERNING TOWERS, MONOPOLES, AND ANTENNAS
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Section 10-6-14 of the Farmington City Code is amended by adding the
underlined language and deleting the strikethrough language as follows:
10-6-14: TOWERS. MONOPOLES. AND ANTENNAS:
Towers, monopoles, and antennas are necessary to facilitate and accommodate the
communication needs of the residents and businesses of the city..., provided they
comply \vith the follo':iing minimum guidelines: The purposes of this section are:
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(A) Minimum Guidelines Purpose:
1. Minimize adverse 'v'isual effects through the use of cBfefu1 design and siting
standBfds;
2. ,A..void potential damage to adjacent properties from tOVlCf failure by adhering to
accepted struotural standBfds and setback requirements; and
3. Maximize the use of existing and approved towers and buildings in order to
reduoe the number ofto':lCrs needed to serve the oommunity.
1. To provide for wireless telecommunication services for the residents and
businesses of the City~
2. To minimize adverse visual impacts of telecommunication towers and facilities
through design, siting, landscaping, and innovative camouflaging techniques~
3. To promote and encourage shared use and collocation of telecommunication
towers and antenna support structures so as to reduce the number of towers needed
to serve the area:
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4. To avoid damage to adiacent properties caused by telecommunication towers
and facilities by ensuring that those structures are soundly and carefully designed,
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constructed. modified. maintained and promptly removed when no longer used or
when determined to be structurally unsound.
(B) Districts Allowed:
1. Towers supporting amateur radio antennas and conforming to all applicable
provisions of this code shall be allowed only in the rear yard of residentially zoned
parcels.
2. Towers or monopoles supporting commercial antennas and conforming to all
applicable provisions of this code shall be allowed as a conditional use within the
A-I, 1-1, IP. B-l. B-3 and P/OS districts (parks with facilities).
3. Use of existing t-o'.vers is encouraged and ';;ill be exempt from the conditional
use proccss. Permitting vAll im'olve the requirements listed in title 4, chapter 4 of
this codc Towers. monopoles or antennas shall be allowed in the following
residentially-zoned locations: Schools. Churches. Public Buildings. Hospitals. and
Clinics and shall conform to all applicable provisions of this code and shall be
allowed as a conditional use. The maximum height of the towers. monopoles or
antennas is 75 feet for these residentially-zoned locations.
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4. Antennas may be mounted on structures that serve other purposes such as light
standards. emergency siren poles. or public utility poles provided they conform to
all applicable provisions of this code and shall be allowed as a conditional use.
Structure must be engineered to withstand the additional load of an antenna.
~~. Use of existing towers is encouraged and will be exempt from the conditional
use process. Permitting will involve the requirements listed in title 4, ehapter 4 of
this code this chapter.
(C) Colocation Requirement:
1. A proposal for a new personal wireless communication service tower/monopole
shall not be approved unless it can be documented by the applicant that the
communications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower/monopole or building within a
one-half (112) mile radius of the proposed tower/monopole due to one or more of
the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing
or approved tower/monopole or building, as documented by a qualified and
licensed professional engineer, and the existing or approved tower/monopole
cannot be reinforced or modified to accommodate planned equipment at a
reasonable cost.
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(b) The planned equipment would cause interference with other existing or
planned equipment at the tower/monopole or building as documented by a
qualified and licensed professional engineer and the interference cannot be
prevented at a reasonable cost.
(c) No existing or approved tower/monopole or commercial/industrial buildings
within a one-half (1/2) mile radius meet the radio frequency (RF) design criteria.
(d) Existing or approved towers/monopoles and commercial/industrial buildings
within a one-half (1/2) mile radius cannot accommodate the planned equipment
at a height necessary to function reasonably as documented by a qualified and
licensed professional engineer.
(e) The applicant must demonstrate that a good faith effort to colocate on
existing towers/monopoles and structures within a one-half (1/2) mile radius
was made, but an agreement could not be reached.
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2. Any proposed commercial wireless telecommunications service tower/monopole
shall be designed in all respects to accommodate both the applicant's antennas and
comparable antennas for at least two (2) additional users if the tower is over one
hundred feet (100') in height or for at least one additional user if the
tower/monopole is over sixty [cot (60') seventy-five feet (75') in height.
Towers/monopoles must be designed to allow for future rearrangement of antennas
upon the tower/monopole and to accept antennas mounted at varying heights.
(D) Tower/Monopole Construction Requirements: All towers/monopoles erected,
constructed or located within the city, and all wiring therefore, shall comply with
the requirements set f{)rth in title 4, chapter 4 of this code of this chapter.
(E) Tower, Monopole, And Antenna Design Requirements: Towers, monopoles, and
antennas shall be designed to blend into the surrounding environment through the
use of color except in instances where the color is dictated by federal or state
authorities. One monopole allowed in parks with facilities. No crows nests,
platforms, or guy wires allowed on monopole in any approved district. Antenna
arms are to be separated by 10 feet.
(F) Tower/Monopole Setbacks:
1. A monopole in parks with facilities will be set back 75 feet except when
qualified engineer report specifies that any collapse of pole will occur within a
lesser distance.
2. Towers/monopoles in agricultural districts will be set back four feet (4') for
every foot of height exceeding forty five feet (45').
.
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3. Towers/monopoles in industrial districts will be set back two feet (2') for every
foot of height exceeding forty five feet (45').
(G) Tower and Monopole Height: Towers/monopoles, including all attached antennas,
shall be limited to a maximum height of two hundred feet (200'). A monopole in
parks with facilities shall be limited to a maximum height of seventy-five feet
(75'). Towers. monopoles or antennas shall be limited to a maximum height of
seventy-five feet (75') for residentially-zoned locations: Schools. Churches. Public
Buildings. Hospitals. and Clinics.
(H) Tower/Monopole Lighting: Towers. monopoles and their antennas shall not be
illuminated by artificial means, except for camouflage purposes (designed as a
lighted tower/monopole for a parking lot or a ball field) or the illumination is
specifically required by the federal aviation administration or other authority.
(1) Signs And Advertising: The use of any portion of a tower/monopole for signs other
than warning or equipment information signs is prohibited.
.
(J) Accessory Utility Buildings: All utility buildings and structures accessory to a
tower/monopole shall be architecturally designed to blend with the surrounding
environment and shall meet the minimum setback requirements of the zoning
district in which they are located. Ground mounted equipment shall be screened
from view by suitable vegetation, except where a design of nonvegetative
screening better reflects and complements the architectural character of the
adjoining neighborhood.
(K) Abandoned Or Unused Towers. Monopoles. Antennas Or Portions Of Towers..
Monopoles. Antennas:
1. All abandonments or unused towers. monopoles. antennas and associated
facilities shall be removed within hvclve (12) months 90 days of the cessation of
operations at the site unless a time extension is approved by the city planner. In the
event that a tower is not removed within twclye (12) months 90 days of the
cessation of operations at the site, the tower and associated facilities may be
removed by the city and the costs of removal assessed against the property. A
permit fee for the abandonment of the tower. monopole. or antenna shall be set by
the city council.
2. Unused portions of towers. monopoles. or antennas above a manufactured
connection shall be removed within six (6) months 90 days of the time of antenna
relocation. The replacement of portions of a tower previously removed requires the
issuance of a new conditional use permit.
.
(L) Antennas Mounted On Roofs, Walls And Existing Towers/Monopoles: The
placement of wireless telecommunications antennas on roofs, walls and existing
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towers/monopoles may be approved by the building official provided the antennas
meet the requirements of this code, after submittal of:
1. A final site and building plan.
2. A report prepared by a qualified and licensed professional engineer indicating
the existing structure or tower suitability to accept the antenna, and the proposed
method of affixing the antenna to the structure.
(M) Interference With Public Safety Telecommunications: All applications for new
telecommunications service shall be accompanied by an intermodulation study
prepared by a registered professional engineer which provides a technical
evaluation of existing and proposed transmissions and indicates all potential
interference problems. Before introduction of new service or changes in existing
service, telecommunications providers shall notify the city at least ten (10)
calendar days in advance of such changes and allow the city to monitor
interference levels during the testing process.
(N) Submittal Requirements:
1. f.. report from a qualified and licensed profcssional engineer ';.rhich:
.
(a) Describes the to\vcr/monopole height and design with cross section and
elevation;
(b) Documents the height above grade for all potential moooting positions for
colocated antennas and the minimum separation bet'.veen antennas;
(c) Describes the number and type of antennas that can be accommodated;
(d) Documents the steps the applicant '.vill take to avoid interference '.vith public
safcty telecommunications;
(e) Includes the engineer's stamp and registration llllllTber.
2. .^.. letter of intent committing all commercial wireless telecommunications
service to'o'/ers to allo':.' the shared use of the tower if an additional user agrees, in
',vriting, to meet reasonable terms and conditions for struetures.
3. Proof that the proposed tower complies with regulations administered by the
federal aviation administration and a report from a qualified and licensed
profcssional engineer '.vhich demonstrates the tower's compliance v.ith the
aforementioned structural and electrical standards.
.
Construction and Maintenance of Supporting Towers. Monopoles. and Antennas
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1. Permits:
(a) Permit Required: It shall be unlawful for any person to erect. construct in
place. place or re-erect. replace or repair any tower. monopole or antenna
without first making application to the building official and securing a permit
therefore as hereinafter provided.
(b) Submittal Requirements for Permit:
1. Name. address. and telephone number of the applicant
2. Name. address. and telephone numbers of the owners of the property on
which the tower is proposed to be located~
3. Legal description of the parcel on which the tower is proposed to be located~
4. Written consent of the property owner(s) to the application~
.
5. A scaled site plan indicating the location. type and height of the proposed
tower. the existing land uses and zoning of the subject parceL adjacent land uses
and zoning. adjacent roadways. proposed means of access. setbacks from
property lines. drawin~s of the proposed tower showing elevation and other
structures. topography. parkin~. and depicting the proposed tower design~
6. A landscape plan showing specific landscape materials. method of fencing.
and finished color and. if applicable. the method of camouflage and lighting~
7. Documentation such as coverage maps showing the need for a tower at the
proposed site in order to close a gap in the applicant's wireless
telecommunications service. or a gap in the service provided by a person
intending to place telecommunications facilities on the tower~
8. An inventory of existing towers. monopoles. antennas. or sites approved for
towers. monopoles or antennas. that are either within the city or are sited in a
location from which the applicant could provide service within the city.
including specific information about the location. height and design of each
tower. monopole or antenna and documentation showing that such existing
facilities are unavailable or unsuitable to meet the applicant's need for a tower.
monopole or antenna~
9. Separation distance of the proposed tower. monopole or antenna from the
other towers. monopoles or antennas described in the inventory of existing sites~
.
10. A structural engineering report certifying the ability of the tower. monopole
or antenna to accommodate co-location of additional wireless service provider
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facilities and a statement by the applicant regarding accommodation for co-
location of additional antennas for future users;
11. The setback distance between the proposed tower. monopole or antenna and
the nearest platted residential property. and unplatted residentially zoned
properties;
12. Proofthat all necessary consents or approvals have been applied for from
appropriate federal. state or other local agencies;
13. An application fee established from time to time by resolution of the city
council. In the event the city elects to consult with its attorney or a radio
frequency (RF) engineer in review of the application. the applicant shall be
required to fully reimburse the city for all such expenses;
14. Other information deemed by the zoning administrator to be necessary.
(0) Permits Are Not Required For:
1. Adjustment or replacement of the elements of an antenna array affixed to a
tower. monopole or antenna. provided that replacement does not reduce the
safety factor.
.
2. Antennas. towers/monopoles erected temporarily for test purposes. for
emergency communication. or for broadcast remote pick up operations.
provided that all requirements of this chapter are met.
(P) Fees:
1. The permit fee payable shall be such as may be set by the city council.
(Q) Construction Requirements:
1. All towers. monopoles. or antennas erected. constructed. or within the city. and
all wiring therefore. shall comply with the following requirements:
(a) All applicable provisions of this code.
(b) Towers and monopoles shall be certified by a qualified and licensed
professional engineer to conform to the latest structural standards and wind
loading requirements of the Minnesota state building code. the National
Electric Safety Code and all Federal Communications Commission and local
regulations.
.
(c) With the exception of necessary electric and telephone service and
connection lines approved by the issuing authority. no part of any tower.
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monopole, or antenna nor any lines. cable, equipment or wires or braces in
connection with either shall at any time extend across or over any part of the
right of way. public street. highway, sidewalk. or property line.
(d) Towers and monopoles with associated antennas shall be designed to
conform to accepted electrical engineering methods and practices and comply
with the provisions of the national electrical code.
(e) All signal and remote control conductors of low energy extending
substantially horizontally above the ground between a tower. monopole. or
antenna and a structure, shall be at least eight feet (8') above the ground at all
points. unless buried underground.
(f) Every tower and monopole affixed to the ground shall be protected to
discourage climbing of the tower by unauthorized persons.
(g) All towers and monopoles shall be constructed to conform with the
requirements of the occupational safety and health administration.
(h) All towers and monopoles erected within the city must conform to the
applicable standards in this chapter ofthis code.
.
(R) Existing Towers. Monopoles and Antennas:
1. Towers, monopoles and antennas in existence as of date of adoption which do
not conform to or comply with this chapter are subiect to the following
provisions:
(a) Towers, monopoles or antennas may continue in use for the purpose now
used and as now existing. but may not be replaced or structurally altered
without complying in all respects with this chapter.
(b) If such towers, monopoles or antennas are hereafter damaged or destroyed
due to any reason or cause whatsoever, the tower, monopole or antenna may be
repaired and restored to its former use, location and physical dimensions upon
obtaining a building permit therefore, but without otherwise complying with
this chapter, provided, however, that ifthe cost of repairing the tower,
monopole or antenna would be ten percent (10%) or more of the cost of a new
tower, then the tower may not be repaired or restored except in full compliance
with this chapter.
(8) Other Attachments:
.
1. No tower, monopole or antenna shall have constructed thereon, or attached thereto,
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in any way, any platform, catwalk, crow's nest, or like structure, except during periods
of construction or repair.
(T) Inspections:
1. All towers. monopoles or antennas are subiect to inspection by the city building
inspection department to determine compliance with construction standards. Any
deviation from original construction standards for which the permit was obtained
shall constitute a violation of this chapter.
2. Notice of violation will be sent by registered mail to the owner and the owner
will have thirty (30) days from the date notification is issued to make repairs. The
owner will notify the building inspection department that repairs have been made.
and as soon as possible thereafter. another inspection will be made and the owner
notified of the results.
CD) Maintenance: Towers. monopoles. and antennas must be maintained in
accordance with the following provisions:
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1. Tower/monopole 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. iniuries. or nuisances to the
public.
2. Tower/monopole owners must install and maintain towers/monopoles.
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. monopoles. and antenna support structures must be kept and
maintained in good condition. order. and repair.
4. Maintenance or construction on a tower. monopole or antenna support structure
must be performed by qualified maintenance and construction personnel.
5. All tenants on towers/monopoles must comply with radio frequency emissions
standards of the Federal Communications Commission.
6. Ifthe use of a tower/monopole is discontinued by the tower/monopole owner.
the tower/monopole owner must provide written notice to the city of its intent to
discontinue use and the date when the use will be discontinued.
.
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and
publication according to law.
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ADOPTED this _day of
Farmington.
, 2008, by the City Council of the City of
CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
ATTEST:
By:
Peter J. Herlofsky, Jr., City Administrator
SEAL
.
By:
Joel Jamnik, City Attorney
Published in the Farmington Independent the _ day of
,2008.
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