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10. Ordinance 1407 - Cellular Towers - 2nd ReadingREPORT TO: FROM: SUBJECT: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Second Reading on Zoning Ordinance Text Amendment for Cellular Communication Towers - TriStar Communications MEETING DATE; November 19, 2001 BACKGROUND: On November 5, 2001 this matter came before the city council and an ordinance was approved on first reading. However, there was some concern over the lack of setbacks beyond those in the underlying district. Staff was directed to formulate a recommendation for the council prior to second reading of the ordinance. As you know this is a proposal for a text amendment to the Kalispell Zoning Regulations that would allow for the installation of cellular towers to be allowed as a permitted use in the B-5, Commercial / Industrial, I-1, Light Industrial and 1-2, Heavy Industrial subject to performance standards. The amendments are proposed by a company who constructs the towers and provides for co -location opportunities, but does not actually provide wireless communication service. A model ordinance from the International Municipal Lawyers Association (IMLA) addresses setbacks, among other issues, and outlines a requirement that the structures be setback a minimum of 15 feet from all residentially developed or zoned properties or as required by the underlying zoning district. There were some concerns expressed by the council that some of the underlying Kalispell districts such as the B-4, Central Business District, may not have adequate setbacks. The B-4 does not have a setback requirement and the other district have setback requirements of generally five or ten feet. Staff would offer that perhaps the performance standards should be added that require a minimum of 15 feet from all residentially zoned or developed properties and minimum of five feet or the setback required in the underlying zone, whichever is greater. Since all of the newly constructed towers will be subject a conditional use permit, every site will be evaluated on a case -by -case basis. RECOMMENDATION: A motion to adopt the ordinance on second reading perhaps adding performance standards requiring a minimum 15 foot setback from all residentially zoned or developed properties or minimum setback of five feet or the setback required in the underlying zone, whichever is greater would be appropriate. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: - City of Kalispell • City of Whitefish • City of Columbia Falls Memo to Council for Cell Tower Text Amendment November 9, 2001 Page 2 Respectfully submitted Ast Narda A. ftstin Senior Planner Report compiled: November 9, 2001 c: Theresa White, Kalispell City Clerk H: \FRDO\TRANSMIT\KALISPEL\2001 \KZTA01-3MEM3.DOC C.�11�.11 Chris A. Kukulski City Manager ORDINANCE NO. 1407 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 NOVEMBER, 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 B-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 Television Radio, MiFrewave Tower - Cellular Communication Towers Equipment and Facilities 1, A Conditional Use Permit shall be required for transmission towers and cellular a. Wvc .t U14P t 1. CTCT�[-M radie- _ Two way ...7: a Gemmon e. Cellular ♦ele...L......e; C F:ved peint -.. ......7 2. These regulations ^,.nditae. i *Tee ne,....:.^ 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. 3. The location of transmission towers and cellular communication towers equipment and facilities 1rsueAiee of _ Ganditiened Use e shall take into consideration the following: a. Visual effects; b. Height; c. Structural integrity; d. Radiation emissions; e. 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. 4. 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 sharing e€ colocation on an existing tower or other structure aka whenever possible and practical; etc. •, E Screening when located adiacent to a residential district ; and d. Engineer's certification regarding structural safety; e. Location of the tower so that visual impact to adjacent property owners is limited to the greatest extent possible; f. 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 h. That the structure/tower be camouflaged to blend in with the 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. k. If a security fence is proposed, a five-foot tall dense landscaping screen shall be planted around the security fence of any structure/tower 1. Where a new tower is proposed, the applicant shall demonstrate that there are no feasible existing structure upon which to locate 6. 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.