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5. Ordinance 1382 - Text Amendment - Cellular Communications Towers - 2nd Reading4DCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)75b-775s REPORT TO: FROM: SUBJECT: Honorable Mayor and City Council Chris A. Kukulski, City Manager Ordinance 1382 - Kalispell Zoning Text Amendment - Cellular Communication Towers - 2nd Reading MEETING DATE: June 4, 2001 BACKGROUND: TriStar Communications has requested an amendment to the Kalispell Zoning Regulations that would allow for the installation of cellular towers as a permitted use in the B-5, Commercial/Industrial,l-1, Light Industrial, and I-2, Heavy Industrial zones subject to performance standards. On May 8th, the Planning Board voted in favor of allowing cell towers in those zones, but as a conditionally permitted use. The Planning Board also removed a restriction from the amendment that would require "That all transmission and cellular communication towers be located a minimum of one mile apart, unless co -location opportunities do not exist'. Following discussion at the last meeting, the Council voted in favor of making cellular towers a conditionally permitted use in the B-5, I-1 and I-2 zones. Council members also voted in favor of re-inserting the condition that all towers be located a minimum of one mile apart. All amendments and corrections have been made to Ordinance 1382 as directed at the May 21st meeting. RECOMMENDATION: The City Council approve Ordinance 1382 on second reading.. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by Council. Respectively submitted, nn- Chris A. Kukulski City Manager Report compiled May 31, 2001 ORDINANCE NO. 1382 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ALLOWING THE INSTALLATION OF CELLULAR TOWERS IN THE B-5, COMMERCIAL/INDUSTRIAL, I-1, LIGHT INDUSTRIAL AND I-2, HEAVY INDUSTRIAL ZONES AS CONDITIONALLY PERMITTED USES, SUBJECT TO PERFORMANCE STANDARDS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, J.R. Reger of TriStar Communications, LLC has submitted a written request to amend the Kalispell Zoning Ordinance, by allowing the installation of cellular towers in the B-5, Commercial/Industrial, I-1, Light Industrial and I-2, Heavy Industrial zones as conditionally permitted uses, and WHEREAS, the request was forwarded to the Kalispell City -County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to reflect the change, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-01-3 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: See Exhibit "A", attached hereto and made a part hereof. SECTION II. All parts and portions of Ordinance No. 1175 not amended hereby remain unchanged. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. cell towers.wpd 1 PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF JUNE, 2001. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk cell towers.wpd 2 EXHIBIT A PROPOSED ZONING TEXT AMENDMENT FOR CELLULAR COMMUNICATION TOWERS TRISTAR COMMUNICATIONS, LLC MAY 8, 2001 The following amendments to the Kalispell Zoning Ordinance are recommended by the Kalispell City County Planning Board: A. Add"Transmission Towers and Cellular Communication Towers" as a conditionally permitted use to the B-5, Industrial / Commercial, I-1, Light Industrial, and I-2, Heavy Industrial zones. B. Amend the 13-1, B-2, B-3, B-4 and P-1 zoning district to list `Transmission Towers and Cellular Communication Towers" as conditionally permitted uses (and delete other references to transmission towers). C. Add a definition: 27.37.010 Transmission Towers / Cellular Communication Towers and Facilities — Commercial radio and television service antenna, unlicensed wireless service antenna/tower, common carrier wireless exchange structure/antenna/towers commonly referred to as cellular communications. D. Amend Section 27.35.080: Additional Requirements for Specific Conditional Uses, Transmission Towers and Cellular Communication Towers, Equipment and Facilities E. A Conditional Use Permit shall be required for transmission towers and cellular communication towers in all zoning districts which list transmission towers and cellular communication towers. These regulations shall not be required for antenna associated with ham radio, citizens band radio, a telecommunications device that only receives an RF signal, and a sole -source emitter with more than one kilowatt average output or the mounting of an antenna or other transmission device on an existing tower provided no structural alterations are made. The location of transmission towers and cellular communication towers, equipment and facilities shall take into consideration the following: a. Visual effects; b. Height; C. Structural integrity; d. Radiation emissions; C. Effects on adjoining land use; f. Possibility of shared use; g. Effects on City airport operations; h. Effects on other communication devices; and i. Site location alternatives. 3. Application for a Conditional Use Permit shall include a site plan for review by the Site Development Review Committee. General requirements of a Conditional Use Permit for locating a transmission tower or cellular communication tower shall include: a. Required colocation on an existing tower or other structure whenever possible and practical; b. Screening when located adjacent to a residential district ; C. Engineer's certification regarding structural safety; d. Location of the tower so that visual impact to adjacent property owners is limited to the greatest extent possible; e. That the structure be placed to avoid location on the crest of a mountain or hill or extension into the skyline thus creating aesthetic concerns. f. Address potential FAA (Federal Aviation Administration) lighting requirements for aviation safety. g. That the structure/tower be camouflaged to blend in with the surrounding environment when beneficial and practical; h. The new structure shall allow for co -location with a minimum of four other users. i. That all transmission and cellular communication towers be located a minimum of one mile apart., unless co -location opportunities do not exist. j. If a security fence is proposed, a five-foot tall dense landscaping screen shall be planted around the security fence of any structure/tower. k. Where a new tower is proposed, the applicant shall demonstrate that there are no feasible existing structure upon which to locate. 5. Should any cellular communication tower, facility or antenna be abandoned or cease to operate for a period of 180 days, the structure/tower shall be removed at the expense of the owner. It shall be the responsibility of the structure/tower owner to promptly notify the City if a facility is abandoned or ceases operation. F. Amend Section 27.22.070, Exceptions to Height Restrictions, The height limitations contained in any district regulations do not apply to spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing, grain elevators, or other agriculture buildings, transmission towers and cellular communication towers and facilities unless otherwise prohibited by Federal Aviation Regulations, part 77. Masts for flag poles shall not exceed the height limits of the zoning district. Furthermore, said flag mast must be set back from the property line to prevent the intrusion of the extended flag into or over any public right-of-way or adjoining property.