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HomeMy WebLinkAbout543_Amending Ch 10 of Zoning Code Regarding Telecommunication Towers 56 21 97 9 14 2 5969 44 1 24 ,8 ORDINANCE NO. 543 ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZONING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS, SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER TEN (10), USE UNITS, BY AMENDING PROVISIONS FOR THE REGULATION OF TELECOMMUNICATION TOWERS, MAKING SAID USES PERMITTED BY RIGHT IN CG, CH, AND IH ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF TillS CODE, AND SPECIAL EXCEPTION IN ALL ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF THIS CODE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EMERGENCY CLAUSE. the to the proposed amendment WHEREAS, public hearings have been held regarding Owasso Zoning Code, Chapter 10, Section 1004, and; >, WHEREAS, the Owasso City Council has considered the recommendation of the Planning Commission and aU statements for or against the proposed amendment NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT That Section 1004, of Chapter Ten (10) of the Owasso Zoning Code is hereby amended as follows: 1 Section Description Public Protection, wireless telecommunication and utility facilities which may have technical locational requirements necessitating specific locations in or around area services, and certain temporary open air land uses which may be objectionable to certain other uses and are, therefore, permitted in certain districts by Special Exception and in other districts by right. 1 Included Uses Ambulance service, electric regulation station (excluding storage or service garages and yards), fire protection facility, pressure control station (gas or liquid, excluding storage or service garages and yards), shelter (civil defense or storm), transmitting towers (including but not limited to wireless telecommunications and excluding amateur radio towers), water storage facility, temporary open air facilities such as carnival, Christmas tree sales circus, and tent revival. 1004.2 the and phrases shall have Definitions For the purpose of this section, the following words meanings ascribed to them as follows The term "telecommunications tower" means a structure more than ten feet tall, built primarily to support one or more telecommunications antennas. (A) 1004.3 or sent The term "telecommunications" means the transmission, between among points specified by the user, or information of the user's choosing, without change in the form or content or information as and received. (B) telecommunications service means the offering of ,:,... ,~:""" ror a fee directly to the public, or to such classes fectively available directly to the public, regardless i The term telecommur.h..auvu,-, of users as of the facilities The term "antenna" means any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels or dishes, and omni-directional antennas. such as whips, but not including satellite earth stations to means an antenna used "telecommunications antenna telecommunications service The term provide a (E) The term "antenna array" means a structure attached to a telecommunication tower that supports telecommunication antennas means an omni-directional dipole antenna of is no more than six inches in diameter the term "whip antenna cylindrical shape which a whip is not The term "non whip antenna" means an antenna which antenna, such as dish antennas, panel antennas. etc Association Standard and Antenna means Electronic Industries for Steel Antenna Towers term "EIA-222 Structural Standards Structures" The 222, Support and "architecturally identified as such The term "historically significant landscapes significant structures" shall apply to those areas within the National Register of Historic Places TELECOMMUNICATION TOWERS 1004.4 Permitted By Right use in all CG, CH, the following requir permitted under this subsection may exceed compatibility and base district height restrictions are a permitted NO SPECIAL EXCEPTION REQUIRED - Telecommunication towers IL, 1M, and IH if proposed towers satisfy ements. Telecommunication towers be so located to ensure historically significant landscapes are protected. The views of vistas from architecturally and/or historically should not be impaired or of facilities shall Aesthetic Protection Telecommunication (a) telecommunication significant structures diminished by the placement facilities from any RS-3 or Setback Tower shall be a minimum of 200 more restrictive district. (b) Height (c) exceed 200 feet but less more restrictive not excluding antenna array, does tower is at least from any RS- 3 or 75 feet, if the than 250 feet district. Tower height the tower is at least 250 feet but less from any RS-3 or more restrictive 100 feet, if than 350 feet district (2) from any if the tower is 350' or greater more restrictive district. 120 feet RS-3 or (3) by tower height the exceed not The antenna array does more than 10 feet. Antenna Arra a minimum of Wires guy wires and guy anchors are setback 20 feet from any property line Setback of Gu (e) monopole design, or one of equal or located within 350' of any RS-3 or more Tower Type The tower is of lesser impact, if restrictive district (f) Co- Location A telecommunication tower must be designed and built so as to be capable of use by at least three wireless communication providers such as cellular or PCS providers using antenna arrays of 9 to 12 antennas each within 15 vertical feet of each other with no more than three degrees twist and sway at the top elevation. The owner of the tower and the property on which the tower is located must certify to the City that the antenna is available for use by at least two other wireless telecommunication providers on a reasonable and non- discriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the building permit application (g) Securit (h) security fencing is enclosed by The base of tower ulations The tower is constructed and operated in compliance with current Federal Communication Commission and other applicable federal and state standards liance with A Com Imoact The proposed tower location will not cause a negative impact on any residential neighborhood. In determining neighborhood impact, the Director shall consider the opinion of record property owners within 300', but the Director shaU not be bound by such opinions expressed hborhood Nei of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner Removal (k) ;-....""~ Towers zomng Telecommunication are permitted in all Replacement of Existing Poles erected to replace existing poles districts. provided that (2) The pole replaced is a functioning utility pole or light standard within an established utility easement or public right-of-way, recreational facility light pole. or telecommunication tower (a) including antenna array, does height Replacement tower not exceed standard, than 10 The height of the original utility, light or recreational facility light pole by more or feet; telecommunication tower of the original height the (2) and antenna array The pole replaced does not obstruct a public sidewalk public alley, or other public right-of-way: and (c) not for antenna. are except Pole appearance and function significantly altered. zoning districts permitted in all on Existing Poles Placement (3) that provided Telecommunication antennas are permitted on existing telecommunication towers, and sign n height. utility, lighting structures at or exceeding 50 feet (a) the height of if a non-whip Provided that the antenna does not exceed more than ten (10) feet feet if a whip type the structure by type or fifteen (15) located on existing the 5,000 foot separation Telecommunication antennas structures are not (c) subject to requirement changes, or modifications are to be monopole, the Director of Community opment shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the City of Owasso any additions made to the Devel non- allowed on Roof Mounted Telecommunication Antennas residential buildings in all districts, provided that from the height of the lc;~t and is screened the height of the building and are located no closer of do not exceed fifteen (15) feet (15) feet to the perimeter Whip antennas by more than than fifteen ,.....-r- ~. \...-"'.) the building Prior to the installation of a roof mounted antenna, the Community Development Department shall be provided with an engineer's certification that the roof will support the proposed antenna and associated roof-mounted antennas and equipment (c) Roof mounted antennas and associated equipment may either be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so they are not visible from an adjacent public roadway (d) Building Mounted Telecommunication Antennas of the non- whip type are allowed on non-residential buildings in all zoning districts, provided that: (5) the exterior of the than 30 inches from it is attached no more to which The antenna is mounted flush with building so that it projects the surface of the building (a) to blend with the appearance is such as surface of the building The antennas surrounding Associated equipment shall be placed either within same building or a separate building which matches the existing building in character and materials or blends with landscaping and other surrounding material adjacent to the separate building housing the equipment. Associated equipment for roof mounted antennas may be located on the roof of the building if it is screened from view from any adjacent public roadway (c) When an application for a building permit to locate a telecommunication antenna on an existing building or other structure is made, the Community Development Department shall be provided with color photo simulations showing the site of the existing structure with a photo-realistic representation of the proposed antenna and the existing structure as it would appear viewed from the closest residential property. The applicant shall also submit photographs of the same views showing current appearance of the site without the proposed antenna. (6) Distance Measurement distances in this section shall be measured along a single straight line between the center of the tower base and the nearest point on any property line of identified historic property or RS-3 or more restrictive district or use. For the purposes of applying restrictions set forth in this section, "RS-3 or more restrictive zoning district or use excludes property that is (7) U sed as public or private primary or secondary educational facility facility a college or university educational Used as Owned by the US, State of Oklahoma, Tulsa County, or the City of Owasso, and not used for RS-3 or more restrictive residential uses (c) Used primarily for religious assembly a cemetery Used as (e) or similar to those listed above and Director of Community Development of this section non-conforming uses(s) Occupied by non-residential Any other site determined by the to be consistent (g) with the purposes Exceptions and Exemptions A Telecommunication tower that fails to meet the this section may be authorized by Exception through the Owasso Board requirements of obtaining a Special of Adjustment. (a) (8) Towers erected by a public agency for police, fire, EMS 911 or other similar public emergency communication shall be exempt from the requirements of this section. (b) SPECIAL EXCEPTION REQUIRED This section is designed to encourage placement of telecommunication towers in permitted areas. If a proposed telecommunication tower is not to be located in a permitted by right district, a Special Exception is required All Special Exception requests for telecommunication towers may be so authorized by the Owasso Board of Adjustment subject to the following additional requirements (2) ProDert The tower shall not be on, or within 300 feet, of property recognized as a historical property or a property of historical significance Setback from Historical General Setbacks telecommunication tower must be a minimum of 200 distance to height ratio, whichever is structures used for residential purposes The feet or 3 to 1 from greater Height (c) exceed not shall excluding antenna array Tower height but less more restrictive 75 feet tower is at least from any RS-3 or if the .I. ~O feet but less more restrictive 100 feet tower is at least from any RS-3 or 100 feet if the that 200 feet, district or use (2) tower is at least 200 feet, but less from any RS-3 or more restrictive zoning district or use if the than 300 feet 120 feet (3) ~,-" '---' shall be an appropriate height " Adjustment, if the tower is Tom more Maximum height set by the Board 01 111 any RS-3 or or use excess of 300 feet restrictive zoning district by tower height the exceed not Array Height The antenna array shall more than 10 feet. back a minimum of 20 be set Guy Wires guy and guy wires shall feet from any property line (e) or one Any tower within 200 feet of any RS-3 or more restrictive district shall be of a monopole design or lesser impact of equal Securit (g) security tower shall be enclosed by of 8 feet. The base of the a height fencing at The tower is erected and operated in compliance with the current Federal Communications Commission and other and state standards liance with A Com (h) applicable federal Distance from Other Towers New telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower. unless in a by right district. Removal of Tower Upon the discontinuance of use of any such tower for a period of thirty (30) days, said tower is to be removed by the applicant/owner not to a period Specia Use Conditions Temporary open air facilities may continue for exceed sixty (60) days per each application for Exception approved by the Board of Adjustment parking and Loading Requirements Off-Street the Board of Adjustment in conflict herewith That all Ordinances or parts of Ordinances be and the same are hereby repealed. otherwise established by unless None 1004.5 1004.5 2 That an emergency is hereby declared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval, and publication Section 3 PASSED AND APPROVED this 3rd day of June, 1997 City of Owasso, Oklahoma Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 12,1997. ORDINANCE NO. 543 AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZON- ING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS, SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER TEN (10), USE UNITS, BY AMENDING PROVISIONS FOR THE REGULATION OF TELECOMMUNICATION TOWERS, MAKING SAID USES PERMIT- TED BY RIGHT IN CG, CH, IL, 1M, AND IH ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF THIS CODE, AND BY SPECIAL EXCEPTION IN ALL ZONING DISTRICTS ONLY UPON MEETING SPECIFIC CONDITIONS AND REQUIREMENTS OF THIS CODE, REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH, AND PROVIDING FOR AN EMER- GENCY CLAUSE. PASSED AND APPROVED this 3rd day of June, 1997, City of Owasso, Oklahoma Is! Mary Lou Barnhouse Mary Lou Barnhouse, Mayor (SEAL) ATTEST: Is! Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: Is! Ronald D. Cates Ronald D Cates, City Attorney OWASSO REPORTER STATE OF TULSA ss: Bill R Rl of lawful age, being sworn and authOl I, says that he is the publisher of the Owasso R( ter, a In the of a news- paper legal notices, advertise- ments and lications as in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and and complies with an other requirements of the laws of Oklahoma with reference to legal That said a true copy of which is attached hereto, was in the regular edition of said newspaper and time of and not in a on the foHowiJ ltes: Subscribed and sworn to before me this ./i' 199~ Commission expires:--1 PUBLISHER'S FEE $ MEMORANDUM THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TIM:OTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR PROPOSED AMENDMENT TO CHAPTER 10 OF THE OWASSO ZONING CODE REGARDING TELECOMMUNICATION TOWERS 1997 14 May BACKGROUND No. 541 was il1struction or The moratorium was WIRELESS BUILD OUT CONFERENCE: 24 and 25, 1997, staff attended the Wireless Buildout Conference in Dallas, Texas The conference, sponsored in part by the American Planning Association, was designed to bring those with telecommunications towers (wireless communication providers, tower companies, and planning officials) together in order to clear up any misconceptions regarding telecommunications industry, as well as to discuss the challenges communication towers present to communities and alternative means of regulation. Over 135 people attended the conference second of its kind nationwide), one third of which were municipal planning officials information and guidelines that are contained within the is a brief synopsis of information received at that to a large amount of the amendment. the following proposed conference there are over 40 million wireless customers in the United States It is that by the turn of the century there will be 100 million wireless customers it is 2.000 the United States By the year will be 60.000 to 65,000 tower sites of towers There are currently 25,000 estimated that the total number memo) (see original increased industry has Competition within the Section 1004 Staff Report Proposed Amendment to Chapter 10, Page 2 3 items are Offering a streamlined permit process for telecommunication towers if desired appears to work best for both the communities and providers cellular locations than existing conventional require additional towers and more PCS serVices this type of service should be anticipated Lower rates for here are wanting a quick turnaround towers should be anticipated less providers Because Owasso s relatively flat topography other areas increased competition, to Owasso's proximity to the Tulsa areas population will help reduce the amount of towers our city limits, although additional towers should be expected in Owasso Conference, staff information attending the No PROPOSED AMENDMENT: After reviewing the Owasso Zoning Code has developed a proposed text amendment. review, amend Chapter telecommunication and utility facilities utilized wilhin order Adjustment reView are as follows not the through met by proposed amendment in CG, CH, IL, 1M, and IH districts provided specific requirements are a portion of this It encourages the placement of towers requiring Special Exception approval are required as that Some basic factors lesser impact, are required in order to within 200 feet of residential property if or one of equal or monopole if Towers of a monopole design, be permitted by right. Must be requesting a Special Exception. the co-location abilities for a minimum of three providers .. Security fencing Towers Section 1004 Staff Report Proposed Amendment to Chapter Page 3 3 setbacks from mmlmum as well as depending upon height setbacks for towers districts, existing sign structures to be met for each residential the placement of telecommunication equipment on structures, and buildings and establishes minimum standards is a brief overview of several Again, Ordinance 54:) language requirements that the Owasso Zoning code were sent to Southwestern an attorney who represents numerous Mr. Coutant worked with the City tower ordinance INDUSTRY INPUT: Copies the proposed ordinance amending Bell Wireless Services and Mr. Keven Coutant, telecommunication providers in the Tulsa Metropolitan Area of Springs the development and review of their telecommunication No comments regarding the proposed ordinance were received prior to the Planning Commission meeting on 13, 1997. Staff did receive comments from Ms. Lee Ann Fager of Southwestern Bell Wireless on Wednesday, May 14, 1997. Staff reviewed these comments with Fager via telephone, addressed several of her concerns and comments specifically, and explained staff's position regarding the proposed amendment. One comment Ms. Fager submitted regarding the inclusion of a definition of "historically significant landscapes" and significant structures has subsequently been addressed in the proposed amendment the proposed amendment at regarding this type of use Commission unanimously recommended approval of 1997 Due to the lack of regulation with this ordinance regular included an emergency clause meeting The Planning 13, also the 1004 of 10. Section RECOMMENDATION: Staff recommends approval of the proposed amendment to Chapter Owasso Zoning Code as presented. Southwestern Fager Lee Ann ATTACHMENTS recommending moratorium Chapter Section 1004 of the Owasso Zoning Code Comments regarding the proposed amendment from Ms Wireless Ordinance No. 543 2 3 4 COUNCIL HONORABLE OWASSO TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR ORDINANCE NO. 541 ESTABLISHING A SIXTY (60) DAY MORA TORIUM ON THE CONSTRUCTION OR MODIFICATION OF COMMUNICA TION TOWERS 1997 13 Approximately two years ago, and again in August 1996, the FCC auctioned off to the highest bidder the right to exclusively occupy and use defined portions of the radio airways spectrum. As a result of these actions and the subsequent enactment of the 1996 Telecommunications created. Act by Congress, numerous telecommunications companies have been significant portion of these "new" companies are establishing wireless communication networks all across the United States, in an attempt to provide the next generation cellular phone technology or Personal Communication Services (PCS). a PCS is similar to existing cellular telephone service with the exception that it is operated at higher frequency - thus resulting in a technical requirement of double the communications facilities have supported cellular technology. As a result, an onslaught of communication tower applications is anticipated throughout much of the United States Board OW ASSO ZONING REGULATIONS staff's opinion, the City of Owasso's Zoning Code is inadequate to address land issues created the 1996 Federal Communications Act and PCS technical needs. Currently, communication towers are permitted by right in any commercial or industrial district in Owasso, subject to setback requirements. In all other areas (residential, office, and agriculture), towers are permitted only if a Special Exception is received through the of Adjustment. follows Various types of towers exist (monopole, lattice, guy-wired) today and consideration should be given to restricting those that are aesthetically challenged as are staff concerns 1 Towers the Owasso Expressway IS zoned for consideration should be given to preserve towers and abuttll1g ndustrial uses, the intrusion of a majority of the commercial and/or corridor from 3 2 2 to screenll1g 1 Board of Adjustment to should be given setbacks The Zoning Code does not contain criteria consider regarding communication towers. deration establish minimum standards for appropriate cOlors, types lighting, signage, and height for tne Cons 3 to design towers to accommodate the best way to minimize the number Zoning Code contains no requirement This may be singularly towers. multiple users communication of abandoned towers Issues the removal Zoning Code contains no up to date definitions relating to associated with cellular and PCS antenna towers and antennas reqUlre not The Zoning Code does 5 WHAT OWASSO CAN AND CANNOT DO The 1996 Telecommunications Act states Except as provided (herein), nothing in this act shall or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities." The Act does, however, place three important limitations on local governments 1) cities may not "unreasonably discriminate among providers of functionally equivalent services," 2) cities may not "prohibit or have the effect of prohibiting the provision personal wireless services," and 3) cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the (FCC's) regulations concerning such emissions" CONCLUSION: light of concerns contained within this memorandum and recent action by the City of Tulsa establishing a moratorium in order to update and redefine their zoning code, staff feels it is in the best interest of the Council to establish a sixty (60) day moratorium concerning the construction and/or modification of communication towers. Because the City of Tulsa has established a moratorium prohibiting towers, it is quite likely that communication providers may look to Owasso and other communities in which to locate their towers Towers n Conmumicatio staff wi to communication towers efforts and attending a conference in Dallas, Texas regarding tower placement would then be presented to the Planning Commission and Counc for the Owasso in the Tulsa thorough review of similar be conductmg a lished is estab relates monitoring I f the moratorium Zoning Code as it metropolitan area. Proposed changes adoption No. 541, establishing a moratorium on the towers. Furthermore, staff recommends the ordinance to take effect immediately RECOMMENDA TION Staff recommends Council approval of Ordinance construction and/or modification of communication inclusion an emergency clause, thus allowing the after its passage A TT ACHMENTS/ENCLOSURES 54 No Ordinance 1003.3 Use Conditlons Horticultural nursery permits the growing of plant stocks only and permits no retail sales on site. 1003.4 Off-Street Parking and Loading Requirements None. SECTI 1004 USE UNIT 4 PUBLIC PROTECTION AND UTILITY AND OPEN AIR FACILITIES (TEMPORARY) 1004.1 Description Public protection and utility facilities which may have technical loca- tional requirements necessitating specific locations in or around area services, and certain temporary open air land uses which can be objec- tionable to certain other uses and are, therefore, permitted in certain districts special exception and in the remaining districts by right. 1004.2 Included Uses Ambulance service, electric regulation station (excluding storage or ser- vice garages and yards), fire protection facility, pressure control sta- tion (gas or liquid, excluding storage or service garages and yards), shelter civil defense or storm), transmitting tower (excluding amateu~ radio tower), water storage facility NEC, temporary open air facilities such as carnival, Christmas tree sales, circus, and tent revival. 1004.3 Use Conditions Temporary open air facilities may continue for a period not to exceed sixty (60) days per each application for special exception approved by the Board of Adjustment. .4 Off-Street Parking and Loading Requirements None. SECTI 1005 USE UNIT 5 COMMUNITY SERVICES, CULTURAL AND RECREATIONAL FACILITIES 1005.1 Description Communi services, cultural and recreational facilities which are needed in residential areas to serve the residents or need a residential environ- ment, but ich are or can be objectionable to nearby residential uses. These uses are permitted by special exception in some districts by right in some districts and prohibited in other districts 64 Southwestern Services ~ ' ~ ~, '~ It( ( I' May 13, 1997 Mr. Timothy O. Rooney City of OwasSQ 207 S, Cedar Owasso, 140:55 VIA FACSIMILE Dca, Mr, ROOiley: Thank you for forwarding Ii copy of the ~ ~nt to the Owasso Zoning Code regarding i..'Clhlhufte1ecommunicatioos towers. I have reviewed it and have the foHowing conu.mms: 1 (a) I bebeve we need to define "historically significant landscapes" and "ardritecrorally significant structures." As yoo know, a list of all buildings on ~ National Register of Historic Pla0e8 is readily available 10 anyone and even those buildings in doubt can be checked telephonically, If the City of Owasso has a list of the locations they would like to p~, O-~ efforts woold be signifi,;antly expedited. As a :matter of procedure, the list or publication should probably be referenced in the ordinance. (b 81:.. c) The height and 6etback requirement8 contained in the ordinanre present some difficulties and are a little confusing, S~ifically. the o~ as p:resented requires rowers to be de$igned and built to accommodate three other carriers. While 'We would prefer to see it be designed for two(see below). in any evem additional camers usually require twenty linw feet of vertical separation between antenna arrays, There are very few instances when a height otless tlWl80 feet can be utilized on Ii permanent basis, Therefore, a lOwer that win accommodate three cam~ wiU necessarily be at least 120' tall (Even if we ~pt the directive in 1004,4 (A) (l) (g) of IS' o!vertical sepmation, the tower will silll be 110' tall.) The city Ms, thus, indirectly imposed 11 setback of 150' or greater from residential zones [see 1004.4 (A) () l'his will eliminate much of the oonunercia1 roning from our "by right" availability since commercial "buffer" zones on ~r arterials are often 300' to 330' deep. Although cities and counties are domg a good job of proteCting their bolI".eo'WOOt$ from noise and visual pollution (and Owasso is one of those), a setback oftbis son will more likely than not reMt in greater numbers of public hearings in which Special E~om art sought, thus increm:ing, mther than diminishing, attention to an already sensitive subject. 1004.4 (g) As mentioned before, two cametS on Ii sln~ monopole woold be the most desirable from an industry perspective. Bear m rnioo that additional carriers require tailer toWers,. larger pole diameters and are genemlly more "dunered" in appearance, (2) (b) (2) 10&.'12 !\eruli~0 C€fltel Ddv<e ~i:? WO, . It may desirable to increase the height of 00 existing monopole by replacing it with a taller one which will l;ll:t RotK M1 1m ~ moda -1 . th Uw . . i h (501) 2Z~-'2000 ccom. te 00 ocabM rn ~ n penmw.ng s, new ooe e se'W ere, 224-2200 F&,~ 10044 .. Photo realistic representations are extremely ~"Umbersome and exper'a11>ive The view of the site (.'Vrrent appearance witbout tbe proposed antenna is not probkm.atic, obviously, since that only Tl?Quires snapshots, ~OO4A (a-g) I ~m always h~itant to object to this portion of an o~ since it win have the undesirable effect of furthtr restricting us; hmvever, the City ~ be arware that there are two potential pitfalls to this philosophy: it places the governmem in direct competition witb private enterprise ana individuals and providel5 that tower p1actmem may reiU1t in dose proximity tQ midwtial zones. Again, increased attention vnay remit m angry response'S. 1004.4 See above lOQ4,4 (6) (2) (b &c) See above (b &. c) but this seems less resuictive thM ~ "by rigbt" ~on. It may actually behoove the industry to seek Special Exceptiom rather than build in C or I l.ones by right, wIDch seems to contradict the stated ~ in (B) 1004.4 (B) (2) This is very restrictive, ~aUy when. accompanied by rhe set~ imposed. There may actually be i.nst..nces in which }'Un win want towers closer tQgether tban one mile; at the very least, !t. probably should be availtlble to Board of Adjustment~, 1 have one ~ in soother city in which we have met aU requirements of rhe code, iw;luding a ~ ~cUve ~ from '.R" zoning. The locati01\ in question AS highly i.'l1dustrial in nature aOO ~, although it C<miea AG zoning (requiring a variance). The spacing r~wrement from an ~ng tower canoot be :met mthoot funher encroaching 00 residential neighborhoods and the existing tower i5 not ~locatabit since it was constructed prior to ordinance amendment Clearly, that was one portion oflhe ormnance wbich should hmve been left open to review. General Co,mments-Spe....~ Exception Review it may be tepJly mguable, ~ requirement to set back 3.50' from adjoining re$identw wbUe notifying P'~ OWi!er5 ~ithin 300' !'lOOmS tlO 'be II potential Pando..-a's: Box. Consider that if the 300' radius report is calculated from the ~ line of the owner's property (rather than from the boundaries ~ Premises therein), the City win be notifying individuals whose property and line of sight wm be (iSO' from die proposed 110' to no' ~'e1. It has been de~ted through experience that Boofds of A<.ijustment are very sensitive to objections from sum:mniling property owners, especially bomoo~. We applaud their efforts but from at itlmdpoint of equity, I believe it puts the applicants in these case6 at an unfair disadvamage. Speci.f~ly, OW' applications could be denied on the basis of pfOlcst from property owners whose vie'ws coold oot posSl.'bly be oostrncted by a 120' tower, Our desire vvoold be to revisi[ the entire issue of~b. Mr Rooney, 1 thank you fo!: the ~ity to comment em ~ and would appreciate any feedbad 0[' 1l000ificatlcn funher pubiX: hearings ~g tius~. My office nwnber is (91g) 23'Fi812 and my mobile number is (91S) 132..0343. Sincerely. c:1.g ... .. ''L ,/' * --trt Leie Ann F~; .,