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04-22-02 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday,April22,2002 7:00 P.M. I. Approval of Minutes - April 8, 2002 Planning Commission Meeting II. Informal Public Hearing - Conditional Use Permit (CU-95) Applicqnt: Aaron Zdon and Mark Muller Address: 850 Florida Avenue South, Golden Valley, MN Purpose: The Conditional Use Permit would allow for a skate park on property in the Industrial zoning district. III. Informal Public Hearing - Conditional Use Permit (CU-96) Applicants: Minnetonka Motor Car Sales, Inc. (dba Morrie's Mazda) Address: Purpose: 9010 Olson Memorial Highway, Golden Valley, MN The Conditional Use Permit would allow for an automobile dealership on property in the Commercial zoning district. -- Short Recess -- IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings V. Other Business A. Discussion of Draft Telecommunications Ordinance B. Discussion of May 27, 2002 Planning Commission Meeting VI. Adjournment . . . Regular Meeting of the Golden Valley Planning Commission April 8,.2002 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, AprilS, 2002. Chair Pentel called the meeting to order at 7:00 PM. Those present were Chair Pentel and Commissioners Eck, Groger, McAleese Rasmussen and Shaffer. Also present were Director of Planning evelopment Mark Grimes,. City Planner Dan Olson and Recording Secretary Lisa Commissioner Hoffman was absent. I. Approval of Minutes - March 25, 2002 Planning MOVED by Groger, seconded by Rasmussen and moti approve the March 25, 2002 minutes as submitted II. Informal Public Hearing - Minor Sub Applicants: Karin Muchemore, F red Reiter mond Anderson, and Address: 46 Quail Avenue North, Golden Valley, MN Purpose: requesting a subdivision of the parcels of land in property lines to more accurately reflect the perty lines. The appli order perc Olson referred to a si in the proposed i subdivision beca and drivewa and state setback req Olson rme for varian ointed out the locations of the four properties involved stated the applicants. are requesting this minor ;~,roperty lines need to be redrawn to correct several building ehts. He discussed the qualifications for a minor subdivision the new lots, except for the frontage at 3138 Quail and the building s for 3142 Quail, meet the qualifications for a minor subdivision. e. Planning Commission that the property at 3142 would have to apply Board of Zoning Appeals (BZA) meeting. Pentel asked if the variances could be added to the Planning Commissions recommendation as a condition of approval. Olson stated that the request would have to go to the BZA after the minor subdivision is approved by the City Council. Eck referred to the survey and asked where it lists the frontage measurements for the new property lines. Olson stated that he verified all of the measurements with the surveyor. Grimes stated atthe preliminary stage, minor subdivision requests only require a sketch. . . . Minutes of the Golden Valley Planning Commission April 8, 2002 Page 2 Groger asked Staff iftheyare reasonably sure that there are no other properties in the City that are ina similar situation. Olson stated that he has heard that there may be a similar problem across the street, but until a resident comes forward to do a remodeling projectands.ubmits a survey the City has noway of knowing. McAleese stated that the location of the existing homes makes sense but that he couldn't figure out how the developer originally drew the lot lines. Jay Tirpak, Applicant, stated that his guess is that a surveyor lot lines off of Triton Avenue instead of Quail Avenue. He s are situated makes sense; they've just had the wrong pro Ray Anderson, Applicant, stated that the neighbors hav amicably. He feels it makes sense to do the subdi . . proposed because it fits the way they've been Iiv' this minor subdivision it is being the Fred Reiter, Applicant stated that he would Ii said. d what the other neighbors have Pentel opened the public hearing. hearing. ",.eeing no one,Pentel closed the public McAleese questioned why the subdivision. He stated that City Council that they be lots that don't conform to Zoning Appeals would need to be involved in the Commission should be recommending to the to ant the variances because the City is creating the ing Code. Shaffer stated that se seems redundan . make all prevo Commissi Code. equest for variances to the Board of Zoning Appeals tated that once this minor subdivision is approved it would variances null and void. He clarified that the Planning proving a variance from the Subdivision Code, not the Zoning t if the properties were not granted the variances now, they wouldn't be conformin He explained that if the property owners ever want to add additions to their homes in the future, they would have to get the zoning variances then. MOVED by Shaffer, seconded by McAleese and motion carried unanimously to approve the request for a minor subdivision of the parcels ofland located at 3124,3138,3142, and 3146 QuailAvenue North in order to correct several encroachments and redraw the property lines to more accurately reflect the perceived property lines. - Short Recess - . Minutes of the Golden Valley Planning Commission April 8, 2002 Page 3 III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Groger reported on the April 1, 2002 City Council meeting where they approved the request by Unlimited Inspiration for a massage therapy school. Grimes added that the City is looking at possibly rewriting the whole massage ordinance. . Rasmussen reported on the March 12,2002 HRA meeting wher the County to donate the Sheriff Site land. Grimes stated that t and that the County is holding the land off of the market an possibilities. He stated there needs to be five to seven di . cussed asking oing to happen er funding sources. IV. Other Business A. Presentation of Golden Valley Resident Communication Coordinator. Weiler gave the Commission some of the bac visioning process works and how it was cities both locally and nationally and r Council then decided to hire Decis' small focus groups. formation about how the stated that the City surveyed other esults back to the City Council. The ces to conduct the resident surveys and Pentel asked about howth stated that Decision Res percentage poihts. ults matched the current census data. Weiler that the survey results are accurate within 5+ The Commission disc They commente festivals resi e of the questions on the survey and the survey results. of the results such as: people's perception of crime, what nd how many residents read the City Newsletter. . idents receive a copy of the City Newsletter. Weiler stated that the Ik rate and every address is supposed to receive a copy but it ail carrier. She stated that there is also a first-class mailing list that quest to be added to if they are not receiving their copy. Pentel asked how the. City learns about new residents. Weiler stated that her information comes from the utility billing list. Groger commented that it seems from the survey results that residents are generally content and that there didn't seem to be any burning issues. Weiler discussed how the City has been trying to communicate better and educate residents on a range of issues and projects and that it is really working well. . . Minutes of the Golden Valley Planning Commission April 8, 2002 Page 4 Pentel suggested that the City do a census of the business in the City as far as whatthey do, who they are, etc. Weil.er stated that was a good idea and it would really help the Fire Department in their recruiting efforts. B. Discussion. of definition of walls, fences, and structures - Planning Commission Member, Bob Shaffer. fZoning ing a wall with d that the Board ecausethey didn't t to the Inspections a structure that is subject to Shaffer discussed a property on Strawberry Lane that came t Appeals because the applicant wanted to add things to the a gate and was claiming hardships because of soil condit" of Zoning Appeals voted to deny the applicants request think it was appropriate. He stated that somehow the re Department where they determined it was a "fence setback requirement and approved a building Grimes stated that the Zoning Code refers to have setback requirements like building the Code for a fence. not structures so structures don't ted that there is no definition in . Grimes questioned what could be stated that noise'could be cons' in this case the wall is conne a structure. a hardship when building a wall. McAleese h hip in the case of walls. Shaffer stated that se, which wouldbe a part of the building and not Groger stated that the e walls. Grimes told th definitions of fen e a way for the City to control the. uses of fences or n that they could direct Staff to research other cities structures. Shaffer state concerned would like tfi and st" ture the Plan on he wanted to discuss this issue is because he is ction that fences, walls and structures are taking. He stated he have more control over the definitions and uses of fences, walls nmes stated that Staff would research the issues.and report back to mission. Grimes discussed the possibility of the school district using Olson School for their temporary district headquarters. He stated that he has had discussions about different options with the school district including rezoning or a conditional use permit, but that no applications have been submitted by the school district thus far. He stated that the building hasn't been used as a school for years and that there would be restrictions on keeping the green space that is there now. He stated that trafficshouldn't be an issue because the district would be using the building during regular business hours. . Olson discussed some of the items that will be on the April 22, 2002 Planning Commission Agenda. . . . " Minutes oUhe Golden Valley Planning Commission April 8, 2002 Page 5 V. Adjournment The meeting was adjourned at 8:20 PM. . Bey Memorandum Planning 763-593-8095/763-593-8109 (fax) From: Golden Valley Planning Commission Dan Olsbn, City Planner To: Subject: Informal Public Hearing - Conditional Use Permit for a Skate Park - 850 Florida Avenue South - Aaron Zdon and Mark Muller, Applicants Da~: April 17,2002 . Aaron Zdon and Mark Muller are proposing to lease an existing building at 850 Florida Avenue South to house a skate park business. The business entails indoor skating ramp areas (with the addition of outdoor ramp areas in the summer), video arcade room, lounges for both kids and parents, a pro shop, and administrative office functions. The Golden Valley City Code requires a Conditional Use Permit for this type of use in the Industrial zoning district: "Ball fields and other recreational facilities" can be found under Subdivision 4. "Conditional Uses" (attached). Also, attached is a location map that shows the location of the building the applicants are proposing to lease. . Existina Business. The skate park business is called "The 3rd Lair" and is currently located at 1201 East Lake Street in Minneapolis. The business has been in operation for 5 years, and has only been located at this address. The building isa 12,000 square foot warehouse type facility. The business currently operates only an indoor skate area, and shares the building with a Hennepin County office and a boxing gym. Surrounding uses in the immediate area include two churches and a single family neighborhood. Attached are photographs taken of the site for your reference. The existing site has a total of 25 parking spaces for the three building tenants. According to the applicants, parking has not been an issue because Hennepin County employees are usually gone by the time many of the skate park and boxing gym customers arrive, and there is also parking on the street for the three businesses. City staff has contacted the Minneapolis code compliance office, as well as the Minneapolis Police Department, and has found no unusual issues with the current business location. There have been reports of graffiti on the building and illegal dumping of outside trash. However, Minneapolis staff has stated that the applicants are most likely not the perpetrators of these crimes. The operating hours are similar to what is proposed in at the Golden Valley site (see the proposed business plan of operation, below). If you would like to more about this business, you may view their web site at www.3rdlair.com. Proposed Business Plan of Operation . 1. Building Site. The applicants have submitted a site plan showing the existing building, which is a 1-story building that consists of a brick portion that will house the pro shop, lounges, video arcade, and administrative offices and a steel warehouse portion that will house the skate ramps. The applicants may at one time convert the offices along the Florida Avenue side of the building to additional skating ramp areas (the numbers of customers on site, as described below, include this possibility). The combined office and warehouse buildings have a footprint of 19,182 square feet. The building was constructed in phases in 1958, 1963 and 1968 and is now vacant. The two previous lessees for the building were Tioga, which manufactured heaters, and Data Dispatch, which is a package delivery service. There are no proposed changes to the exterior of the building at this time. The applicants are proposing to operate a 475 square foot pro-shop in the building selling skateboards, skateboard parts, pads, helmets, clothing, videos, and magazines. Normally, retail operations are not allowed on Industrially-zoned properties.. However, after consulting with our city attorney, it was determined that since this is an incidental use to the primary recreational use of the skating park, the Pro Shop could be allowed to operate. However, staff has added a condition to the Permit that the shop not occupy more than 600 square feet of space in the building. 2. Parking. The Zoning Code does not have specific requirements for this exact type . of recreational use. Staff has decided to make a full inventory of the different parking needs of the business and determine if those needs will be met by the 50 parking spaces the applicants propose to supply. No parking is allowed on Florida Avenue South, but parking is allowed on a nearby Frontage Road. The applicants have indicated that they have the following parking needs: . Normally, there will be no more than 2 employees on the site at anyone time, 7 days a week. However, during special events, there will be up to 5 employees on site. Therefore, staff will require 5 parking spaces for employees. . Parking spaces for delivery vehicles will be needed. City staff will require that all deliveries be made between 8:00 A.M and 2:00 P.M. Monday through Friday. These are the hours when there will not be any customers using the facility. . The skate park will normally operate in 3-hour sessions. During the week, there will be two sessions and three sessions on Saturday and Sunday. Up to approximately 25 people will attend each session on the weekday and up to 35 people on Saturdays and Sundays. There is a 15-minute time gap between each session. . In the summer months, the construction of the outdoor skating area will eliminate 10 parking spaces. However, the applicants have stated that summer is a slower time for the business since the kids normally using the skate park can now use other outdoor areas to skate. There will be three skating sessions each day. It is . estimated that in the summer up to 27 customers will be at each session. Half of . these would be using the indoor ramps and half using the outdoor ramps. . . . . The applicants are planning to offer private individual or group lessons. Whenever possible, these will be set up so as to occur before normal operating hours on Saturday or Sunday. To help deal with parking issues, the applicants will provide bicycle racks, which will accommodate at least 20 bicycles. Also, there are 2 bus stops in the immediate area: near Taco Bell and at the intersection of Laurel Avenue and Florida Avenue South. Bus service in the immediate area only operates Monday through Friday. Weekend bus service drops off customers on the south side of Interstate 394 at Louisiana Avenue. As stated, the applicants will be providing parking spaces for 50 vehicles. Staff feels that this is adequate due to the nature of this type of business. First, the normal operating hours begin after 3:00 P.M. on weekdays, and according to the applicants, most of the clientele does not arrive until after 5:00 P.M. Also, the busiest times for the business are on Saturdays and Sundays. These hours are opposite of normal working hours for the surrounding businesses. Second, most of the clientele of this skate park is not of driving age. It is the opinion of the applicants and city staff that because of this, the teenage customers will either ride the bus, ride their bicycles, or carpool to the skate park. To help alleviate parking concerns, staff has added several conditions to the CUP. These conditions deal with deliveries, bicycle racks, timing of sessions, leasing of neighboring parking areas, and scheduling of lessons. The applicants have contacted neighboring property owners to discuss the possibility of leasing parking areas and have had positive conversations about this possibility. 3. Hours of Operation. The skate park will be open 7 days a week and be closed only on major holidays such as Christmas and New Year's. The following are the operating hours: Indoor skate park hours: 3:00 P.M, to 10:00 P.M Monday through Friday 9:00 A.M to 10:00 P.M Saturday and Sunday; school holidays. Outdoor skate park hours (June through September): Will open sometime between 9:00 A.M. and Noon and close by 10:00 P.M. Will be open 7 days a week, except for July 4th and Labor Day. Setback/Code Issues. The subject property is zoned Industrial and is surrounded on all sides by industrially zoned properties. To the south of this property is located an auto body shop and to the west is a car sales dealership. This property does not meet the north side yard building setback of 20 feet, and the front yard building setback of 35 feet and is therefore considered a non-conforming structure. However, according to City Code Section 11.90, Subdivision 2, relating to non-conforming uses, this is not an issue since the building footprint is not proposed to be changed. Environmental Issues. According to City Engineer Jeff Oliver, a storm water retention pond is not required for the site. No other environmental issues have. been identified by staff. Factors for Consideration In approving or denying any CUP, City Code requires that findings be made on ten specified factors. Staff evaluation of those factors as they relate to the current proposal are as follows: 1. Demonstrated Need for the Use: The City's standard basis for determining need is that an applicants have identified a market of the proposed good or service. That criterion has been met in this case. 2. Consistency with the Comprehensive Plan: The plan identifies the proposed site for long-term industrial use. Recreational facilities, by conditional use, can be considered for that land use classification. 3. Effect on Property Values in the Area: Approval of the CUP will not substantially alter the extent or nature of neighboring site development or activity. The use is compatible with other uses in the area. 3. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and Conaestion in the Area: Staff believes that this land use would not cause undue traffic congestion for this area. The normal hours of operation will be from 3:00 P.M. to 10:00 P.M., Monday through Friday, and from 9:00 A.M. to 10:00 P.M. on Saturday and Sunday. In the summer, the operating hours will be 9:00 A.M. to 10:00 P.M., open 7 days a week. The business will be closed on major holidays. As indicated earlier, approximately 3 employees will be on the site each day. 4. Effect on any Increase in Population: Staff does not believe that the number of employees or customers that will be on site will cause a negative impact to the area. 5. Increase in Noise level: At this time, staff has no reason to expect that noise impacts will extend outside of the building. In the summer, there will be an outdoor skating area, which will be screened from view with a 9-foot high chain link fence. The fence will also be installed with a high-grade mesh type material that is designed to lessen noise impacts. This material is similar to what .it found on tennis courts. Also, staff has added a condition to the CUP that no outside music, loud speakers, or public address systems will be allowed. 6. Any Odor. Dust. Smoke. Gas. or Vibration Caused by the Use: Staff does not believe that these are issues for the site. 7. Any Increase in Flies. Rats. or other Vermin on the Area Caused by the Use: There should be no increases in these pests, because the proposed business is not the sort to attract them. 8. Visual Appearance of the Proposed Structure or Use: Any proposed signs would be regulated by the City's Inspections Department and will have to meet established standards. 9. Other Concerns Reaardina the Use: Modifications to the building will need to be addressed by the Inspections Department. The City Building Official, Gary Johnson, has reviewed a Building Code analysis submitted by the applicants and has found no issues that would prevent the applicants from operating a skate park in this building. The outdoor dumpster will be screened from view. Parking will not be permitted within the required landscaped area. . . . . . . Recommended Action Staff recommends that the following conditions be made part of any approval of a Conditional Use Permit for a skate park at 850 Florida Avenue South. An approved site plan becomes a part of the CUP approval. 1. No parking shall be allowed within the landscape areas. 2. Any signage for the building must meet the signage requirements of the City's Inspection Department. 3. The outside dumpster must be screened from view with materials compatible with the building. 4. The fencing around the outdoor skating area shall have screening made of a high grade mesh material (similar to a tennis court) to lessen noise and visual impacts. 5. All deliveries shall take place between 8:00 A.M and 2:00 P.M. Monday through Friday. 6. Bicycle racks for at least 20 bicycles shall be provided. 7. Whenever possible, private individual and group lessons shall be scheduled before opening hours on Saturdays or Sundays. 8. No outside music, loud speakers, or public address systems will be allowed. 9. The pro shop shall remain a secondary use to the recreational uses of the facility and shall occupy no more than 600 square feet of the building. 10. The parking lot shall be striped so as to provide for 50 parking spaces. 11. If the Director of Planning and Development determines that more parking spaces are needed, the applicants will be required to lease parking areas from businesses within 500 feet of this building. 12. If the Director of Planning and Development determines that parking is becoming congested during sessions, the time between sessions may be lengthened so as to alleviate this congestion. 13. Operating hours shall be as follows: Monday through Friday, 3:00 .P.M. to 10:00 P.M; Saturday and Sunday, 9:00 A.M. to 10:00 P.M. From June 1st to Labor Day, the operating hours will be 9:00 A.M. to 10:00 P.M. 14. All other applicable local, state, and federal requirements shall be met. 15. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Attachments: . Location Map . Narrative submitted by Applicants . Photographs of existing business . Photographs of proposed building site . Exterior Site plan . Existing and Proposed Building interior plans ------- Subject Property: 850 Florida Avenue South I ~ . . Business Description Our skatepark well be a place for skateboarders, in-line skaters, BMX bikers, roller skaters, scooter riders, and remote controlled car owners. These people of all ages will come to our facility to participate in many activities such as; ride our ramps, purchase apparel in our pro-shop, play in the arcade and game room, relax in our lounge, eat and drink in our vending area/snack room, celebrate birthdays with us, watch professional demonstrations and video release premieres, and come to compete in our competitions or cheer on their friends. Most importantly they will. come to participate in the sport that they love. Our company is owned and staffed by professionals with over fifty years of combined experience. Skateboarding has become one of the fastest growing recreational sports in America and we believe that our skatepark will be an excellent recreational alternative for families in the Golden Valley area and beyond. Our skatepark will have 2-3. employees on staff every day. During special events we will have additional staff members as needed. It is important to us to have a clean, drug-free environment that kids of all ages can come to and enjoy themselves and feel safe in their surroundings. As we have done in the past, it is our intent to create partnerships with schools in the area. We will be setting up programs such as field trips and lectures/demonstrations given by our staff to train and educate kids on how to enjoy and use the skatepark in a safe manner. . Safety has always been our top priority. Our skatepark will have two areas dedicated to beginners using smaller, interior and exterior ramps. These are designed for the novice skaters. The advanced skaters will enjoy challenging the larger ramps in the main area. We will have a fully complete rental center that will offer skateboards, in- line skates, bikes, helmets, pads, and all types of protective gear. We will also offer an extensive lessons program, from one on one to group sessions, as well as classes. Our hours of operation generally revolve around school schedules. During the week, Monday thru Friday we are open to the public after school gets out at 3 :OOpm and will close at lO:OOpm. On weekends we will be open from 9:00am untill 0:00pm. We will also have special hours during. school vacations and holidays. In the summer months We will be open.all day every day. We will also hold day camps during the summer that will be ran by our staff and professional sponsored riders. Our revenue is comprised of; session fees (which are 3 hours long), memberships (which are 95.00 per year), rentals, lessons, pro-shop, vending, game room, advertising, and special events. We will have many special events throughout the year such as competitions, professional demonstrations, video premieres, and day skate camps during the summer. We expect to average about 55 kids per day, Monday thru Friday. On weekends we would expect to average about lOO kids per day. These are projected daily totals, although each day is divided into two or three sessions and each session would never exceed more that 75 riders at one time. . Most of our clientele are not old enough to drive themselves. These kids are usually dropped off and picked up by their parents. The facility has approximately 50 parking stalls and based on parking usage at our current facility in Minneapolis, this would be more than sufficient. . We will be doing many improvements to the interior of the building. These improvements include ADA accessibility to bathrooms, proper fire exits, and remodeling of the office area to compliment our pro-shop. The exterior of the building shall have all parking stalls striped, and the installation of a fence to secure the outside area. We have chosen the location at 850 Florida Ave. for many reasons. The location is easy to find off ofI-394 and accessible by the city bus lines. Nearby restaurants, retail and hotels will compliment our business nicely. The parking lot area will be large enough to host a number of outdoor ramps in the summer months, and will have a designated area for bike racks, and a picnic table. . . . To: Dan Olsen From: Mark Muller Re: Explanation of Skatepark Hours of Operation and Sessions Dan, This document can be added into our conditional use permit application. Our hours of operation partially revolve around school times and vacation. schedules. We will be open on weekdays from 3:00 pm until 9:00 pm. On weekdays we wiD have two sessions; the first one is from 3:00 pm to 6:00 pm, the second one is from 6:00 pm until 9:00 pm. During each session we would expect 20 - 25 kids to be riding at the skatepark. After the session is over the skatepark is cleared and the riders for the next session would be allowed to enter. On a typical weekday we would expect our daily totals to average about 50 kids per day. Since the day is divided into two sections, there are only approximately 22 - 27 kids inside the skatepark at one time. The additional two numbers are for our employees. . On weekends we will be open from 9:00 am until 9:00 pm. On weekends we will have four sessions; the first one is from 9:00 am until 12:00 noon, the second one is from 12:00 noon until 3:00 pm, the third one is iTom 3:00 pm until 6:00 pm, the fourth and last one is from 6:00 pm until 9:00 pm. During each session we would expect 20 _ 25 kids to be riding at the skatepark. As with the weekdays sessions we would expect approximately 22 - 27 kids to be on our premises at one time. Most of our clientele is under the age of driving licensure. They find ulterior forms of transportation to the. skatepark such as biking, skating, riding the bus, walking, getting dropped off by friends or parents, or car pooling with others. Our business is directly aimed at the young sportsman, most of which do not drive. This is why I believe our parking lot is more than sufficient. We have more spaces than are required by your specifications and this is why I have proposed the outdoor area. . Ex;sf>j Lo ctl"'fi ~~ . . € ~{~.ft~ l-o ~-hiJh . . € x"i~ -\t- tj L (,) CD\.- h 'ot,. . . p ~c~+i "'j Lc c- ~ h 0,,", . . I? ,I( 1~.f1'~ L (;) C-I'v.(, '0 V\. . . F k"s+r~ Lo ?a--h'O~ . . frv f b St"" P l 0 c.-a. -h 'Oh. - . . rnfc>setJ L OCA-h~ . . fri)pcseJ L ot::ll""o~ . . . f r, p u ..$ C' B Lo {;-t'.(. +/ on . . lhfO 9',9 Lo C..:h'D"'- . Pro p o>ec9 L Cl C t<. ..hbVl" . . 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Hey Memorandum Planning 763-593-8095 I 763-593-8109 (fax) To: Planning Commission From: Mark Grimes, Director of Planning and Development Subject: Informal Public Hearing on Conditional Use Permit (CUP) to Allow Both Indoor and Outdoor Auto Sales at 9010 Olson Memorial Highway-Morrie's Mazda, Applicant Date: April 18, 2002 Morrie's Mazda has requested a conditional use permit (CUP) in order to allow for the indoor and outdoor sale of cars at 9010 Olson Memorial Highway (OMH). The property is currently owned by National Camera but is now under a purchase agreement to Morrie's. This property is designated on the Comprehensive Plan Map for Commercial uses and is zoned Commercial. The sale of cars is consistent with both the Plan Map and Zoning Map designations. The property is about 43,000 sq. ft. in area or just under an acre. It is triangular in shape and has frontage on both OMH (TH 55) and Golden Valley Rd. Access to the site is only from Golden Valley Rd. The properties to the north, east and west are also zoned and guided Commercial. These uses include several restaurants, auto service, and offices. There are no residential uses adjacent to the site. There are single-family homes across TH 55 and apartments to the north and west. The single-family homes are over 250 ft. from the site. The property has been used over the past ten years or so for retail sales including the sale and rental of photographic equipment by National Camera and formal wear sales and rental. From late 1988 to the early 1990's, Avis Rent-a-Car used the property for outdoor sales and lease of cars in a manner very similar to the use proposed by Morrie's Mazda. Description of Proposed Use As stated above, Morrie's would like to utilize the site in a manner very similar to the way Avis used the site in the early 1990's. The attached plan indicates that there are no plans to change the parking lot from its existing state. The information submitted by Morrie's indicates that there are 57 outdoor spaces. Ten (10) of the spaces are designated for customer parking and 6 of the spaces are designated for employee parking. The remaining 41 spaces are for the outdoor display of vehicles. They also plan to display 3 vehicles on a showroom floor inside the building. The building will also be used for offices and storage. Parking of any car must be in a designated parking space and not in any aisle. The use of the interior of the building for a car showroom must be approved by the Inspections Department. << . There will be 6 employees on site. They believe that they will have 150 customers a month visit the site. The hours of operation will be Monday-Thursday 9 AM to 7 PM, and Friday and Saturday 9 AM to 5 PM. There would be no Sunday sales of cars although the office could be used for paperwork. . Morrie's plans to sandblast the exterior of the building to give it a refreshed look. They have not discussed new or additional landscaping but this could be discussed. The lighting. of the site was an issue when Avis operated at the site. After several attempts, the lighting issue was resolved in order to minimize its effect on the property owners on the south side of TH 55. Staff would include in the CUP that any lighting plan has to be approved by City staff and the City reserves the right to have a lighting consultant review any lighting plans at Morrie's cost. The staff would also recommend that any lighting be reduced to security lighting only during non-business hours. Any signage proposed for the site must meet the City's sign ordinance. Morrie's have indicated the location for a pylon sign along the highway. At this time, the staff cannot indicate if this sign would be approved. The staff will also recommend that there be no signs located on cars (other than the sticker in the window required by law) and that there be no display of signs on the inside or outside of windows in the building. This includes the painting of signs on windows of cars or the building. Also, the display of balloons or other inflatable devices would be prohibited at this location. . The staff will also recommend that no outside paging system be used. Most car dealers no longer use outside paging of employees. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: Morrie's has demonstrated a desire to sell cars at this location due its good visibility along TH 55. The City's policy has been to allow the market to determine if there is demonstrated need for a certain service or product. 2. Consistency with the Comprehensive Plan: The Plan Map indicates that this area is designated for commercial uses. A car dealer is consistent with this designation. The property is also zoned Commercial. 3. Effect on Property Values in the Area: The staff does not believe that property values would fall due this retail car sales operation. Avis operated at this location for several years and properties maintained or increased in value. Morrie's currently operates car dealerships. I have personally been to the dealership in Minnetonka and find it to be well run and attractive. . 2 . 4. Effect of Use on Traffic in the Area: Morrie's anticipates about 150 customers per month. This would mean about 300 trips in and out of the site per month by customers. With 6 employees and some deliveries, staff calculates the average daily traffic in and out of the site to be about 50 trips per day. This is a very low number of trips that can more than adequately be handled by the existing street system. 5. Effect of Increases in Density or Population on the Area: The use will not increase the population of the area. There will be 6 employees that is probably less than previous users of the site. 6. Increase in Noise Created by Use: The car dealership should not increase the noise level of the area. There is already significant auto noise due to TH 55. No car repair will be done or allowed on the site other than car washing. 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this small car sales operation. 8. Any Increase in Animal Pests Caused by the Use: Car sales will not cause any animal pest problems. 9. Visual Appearance of the Use: Morrie's plans to upgrade the outside appearance of the building. . 10. Other Effects of the Use: The staff cannot find any other areas of concern. . Recommended Action The staff recommends approval of a conditional use permit to allow Morrie's Mazda to operate a car sales lot and indoor showroom at 9010 OMH. Avis previously used this site for a similar use without any significant impacts on the area. Morrie's is proposing to display fewer cars on the site and to work with the City to provide a clean and neat site. The staff is recommending the following conditions: 1. The site and building layouts submitted with the CUP application becomes a part of this approval. 2. There shall be no more than 57 total cars on the site. All cars must be parked in designated parking spaces. At least 6 spaces shall be designated for employees and 10 spaces for customers. 3. The hours of operation shall be limited to 9 AM - 8 PM M-Th, and 9 AM - 6 PM F-Sa. There shall be no car sales on Sunday although the offices can be used. 4. City staff must approve any outdoor lighting plan. The City reserves the right to require that a lighting consultant chosen by the City review any plan. The cost of the review would be born by Morrie's. After business hours, the lighting must be turned down to provide only security-type lighting. 5. No repair of maintenance work will be done on site other than car washing. 6. Any signage on the site shall meet the requirements of the City's sign ordinance. 3 7. There shall be no signage painted on any vehicle or window of any vehicle. There shall be no signage painted or placed on the inside or outside of any window of the building. . 8. The display of balloons or other inflatable devices is prohibited. Any type of searchlights or laser lights is also prohibited. 9. The building may be used for the display of up to three vehicles along with offices. The basement may be used for storage. The Director of Inspections must first approve the display of vehicles in the building. 10. No outside speakers are to be used at this site. 11. Any outside trash containers must be screened with materials similar to that of the building. Attachments: Site Plan Applicant's Narrative I nterior Plans Exterior Plan . . 4 . . 'I Detail Description of Site Usage For: Minnetonka Motor Car Sales, Inc. 9010 Olson Memorial Highway Golden Valley, MN 55427 . The property listed above will be updated by sandblasting the exterior brick to give the building a new, refreshed look. It will be used as: · Outside auto sales · Auto sales · Auto showroom · Outside storage of documents and parts (in basement) · Signage and vehicle display Total number of employees: · There will be 6 employees - including, but not limited to 1 - Manager, 3 - Salespeople, 1 - Lot Manager and 1 - Receptionist. Potential customers: · Approximately 150 per month . Hours of operation: · Monday - Thursday 9:00 a.m. - 7:00 p.m. Friday and Saturday 9:00 a.m. - 5:00 p.m. Acceptance at other locations: · We have operated automobile dealerships for nearly 40 years. We always take effort to improve our properties. This has two benefits - one, it provides us with an upscale image with our clients, two, it enhances the community. We have an excellent reputation. We are always prompt in responding to concerns of our neighbors. Addressing potentially disturbing off-site impact: · Our off-site impact should be minimal at best. We do have our management on-site to handle any questions or concerns. All of our business is conducted on-site. Our staff is trained to abide by all traffic laws and motor vehicle operating specifications. We do thorough background checks on all of our employees. We have people of excellent character and long tenure. . . . . . MAIN ENTERANCE . C(;IS11Jtvty ~i).^J{ 65'-8" <:> ~ r"> 0' ~ D UPPER titf \ SCALE r---20'~ 'fMP Joytc( krf a.-- (DesK-b) rlt67tt'S) 79' I ~ 65'-8" ~ ~ ~ ~ ~ (-. BASEMENT SCALE r 20' r 111111II111111111111 If) c3/ -; :;:. .~ (\ . 79' . . . , . .~ N 1 ;,- N N . r' ;;r >- ~ ~ -='" Cl ~ IoU 7- ~ 0... '-.I' A v -- v .~ ~ 'Y ::::> 611ic~ <:0 1 in CD ~ " i1 '" ~ :t ~ ~ '.l <0 I 5"'Ic..N A.~c;: Co 1 <:0 <Xl In 1 n ~ "- 1 0J (::: -'= 4- ~ ~ ~ "'" 0/ (\~ \~~~ r- ... \1\ " " "l' s:. .!,; -ufl-.. '\J - '" '7':oL " '" - <L ~~ ill w_~ --"0 <iN U (/) n _I ;! I I I ~1 :l .:J. ~ (1. Co > \... <0 ~ i ::> <:...) n 1 in ~ ;c) 1 0) N In 1 i- (" ~ ~ . . . Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Planning Commission From: Dan Olson, City Planner Subject: Discussion of Zoning Code Amendment - Telecommunication Ordinance Date: April 17, 2002 Purpose At the July 9, 2001, Planning Commission meeting, the Commission met with members of the Open Space and Recreation Commission, a Planning Consultant, Bill Thibault, a radio frequency engineering consultant, Garrett Lysiak, to discuss what the requirements should be for a new telecommunications ordinance. The minutes from that meeting are attached for your review. Based. on this meeting, Mr. Thibault met with City staff on several occasions to write a draft Ordinance. The latest version of this draft is attached for your review and discussicm. Recommended Action This item is presented for your initial discussion. Attachments . Minutes from July 9, 2001 Planning Commission/Open Space and Recreation Meeting . Draft Telecommunication Ordinance . . . Minutes ofthe Golden Valley Planning Commission July 9, 2001 Page 6 s referredto his staff report and stated that on May 12, 2001 the Planning Com . sion reviewed the PUD for the KQRS property to split the property into tw ts. He state at the west half will be for radio towers and the east half will be a Ice building. He ated that the east half of the property now needs to be rezo to Business and essional Office because it is currently zoned Radio a elevision. He showed the Zo. Map and the General Land Use Map and st that staff feels it would be more appro . tely zoned as Business and Profession ffices rather than Industrial because it's a ent to residential properties. Chair Pentel opened the inform MOVED by Hoffman, seconded by Eo nd mo carried unanimously to approve the request to rezone the eastern port' of the prope rom Radio and Television zoning district to Business and Profes. alOfficeszoning di -- Short Recess -- IV. Reports 0 eetings of the Housing and Redevelopmen oard of Zoning Appeals and other Meetings e no reports from other meetings discussed. missioner Hoffman left the meeting. V. Other Business A. Strategic Planning Session on Telecommunications Ordinance -- Bill Thibault, Thibault Associates, Members of City's Open Space and Recreation Commission, and Garrett Lysiak from Owl Engineering. The Planning Commission moved to the Council Conference Room and met with the following members of the City's Open Space and Recreation Commission: Jim Johnson, Linda Loomis, Roger McConico, Lance Ness, Jerry Sandler, and Tom Zins. Also present were Director of Parks and Recreation Rick Jacobson, Director of Planning and Development Mark Grimes, Director of Public Works Jeannine Clancy, and City Planner Dan Olson Bill Thibault, Thibault Associates stated that the City of Golden Valley asked him to conduct a study of telecommunication towers and antennas to serve as the foundation fora new ordinance. He asked the group to brainstorm about what they like about the telecom'munication facilities in Golden Valley. The following list is a result of that effort. . Minutes ofthe Golden Valley Planning Commission July 9, 2001 Page 7 . · Don'thaveto go through the CUP process for obvious locations like the Industrial Zoning District . Reliable access to the phones, reliable communications · Provides a Source of revenue for the City . There is more than. one carrier on one tower (co-location) . The safety and emergency service they provide · The unobtrusive locations that they are in now . There is only a few of them - that's good · Enhances communications systems, broadens communications options . Good use of public land · Provides income to land owners · Antennas that are disguised and integrated with buildings . Good reception . Height limits · People use cell phones as their only phone, as an alternative to a conventional phone · Improves individual efficiency and productivity . Provides a spread of new technology . More than one use for towers · Not allowed in residential areas · Short towers that are screened from residential areas and like them in industrial areas · Enhances public safety, every phone can be located in cars . Use MnDOT property for towers Thibault then asked the group to rank the above list. Safety, reliable towers and unobtrusive locations were the top three. Thibault then had the group brainstorm about their dislikes regarding telecommunications towers. The following list is a result of that effort: . · Towers are ugly and a blight on the landscape . Interference with reception . The water tower is not being used · Causes conflict in dealing with neighbors . Big Brother aspect of no privacy · Quantity -growing number oftowers - too many towers . Not educated enough about the towers, not enough information . Not convinced they are totally safe - safety concerns, health risks · Lack.of standardization of technology · Annoyance in restaurants - interrupt social functions . Lack of coordination among carriers . Some companies are difficult to work with · Lack of clear city standards for Planning Commission . Minutes of the Golden Valley Planning Commission July 9, 2001 Page 8 . ..At the mercy of providers - conflicting information from providers . No CUP requirements for obvious locations . Inadequate coverage in Golden Valley . Height - proportionality . Cost to the City · The variety of the types of towers . Vehicle distraction · Distance between the towers is too close . Environmental concerns/impacts · The advantage institutions get when surrounded by residential ex: Historical Society · No attempt to blend in to existing environment . Putting poles in wetlands · Not allowed in obvious areas ex: clinics, apartments . Too many colors . Lack of security around them · Lack of understanding for the need for other features such as creating a new road for service and maintenance needs .. Location in natural areas · Can't be buried, must be aboveground . Adjacent properties don't receive any income · Planning for post-technology removal of towers Thibault then asked the group to rank the list above and to brainstorm about the goals of the new ordinance. The following list is a result of that effort: . · The City should provide effective service with the least amount of adverse impact . Control of location and design . Start with a clear purpose .. Control/limit towers per certain areas · Include remedies for problems, or mechanisms to deal with problems · Require co-location and limit proliferation · Specified maintenance scheduling · Determine long term needs the City has for digital technology · Keep it simple enough for public and provider to understand . Prohibit advertising . Protect residents health · Better and more complete information provided by the applicant . Costs paid by providers · The application should be reviewed by a neutral third party, a technical expert · Define permitted tower uses where towers are permitted . Provision for abandonment of towers · Look at providing coverage forthe entire City, no holes in coverage · Regulate the size and location of satellite dishes and antennas . . . Minutes of the Golden Valley Planning Commission July 9,2001 Page 9 . Deal with the security issues · Provide for locating on existing buildings or structures . Prohibit in. parks · Setback requirements · Regulate in the event of excess towers, transfer them to other owners for other uses · Current needs versus future needs - Are we investing too much now and the technology will be obsolete . Regulate lighting · Make provider prove that they need it ..Some kind of permit procedure or agreement with a bond · Require standardized information · Landscaping requirements · Require that providers show that existing towers can not be used and define a procedure if they can't build it, but need it Thibault stated he would take the ideas from the group and write a purpose clause and provide a full tabulation within two weeks and based on this information he will take direction from the City regarding the drafting of the ordinance. VI. Adjournment The meeting was adjourned at 9:50 p.m. .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 tI~ 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 11, Land Use Regulation (Zoning) Provisions Relating to Telecommunications Towers and Antennas The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Chapter 11 of the City Code is hereby amended by adding Section .11. 71 as follows. SECTIONll.71. TELECOMMUNICATIONS TOWERS AND ANTENNAS Subdivision 1. Purpose. The purpose of this ordinance is to allow for and regulate the design, location, placement, construction, maintenance, and removal of telecommunications towers and antennas and to: Provide safety/emergency service through use oftelecommunications facilities Provide broader forms of communication in a more reliable way Ensure such facilities are unobtrusively located Strictly control the location and design of telecommunications facilities so that allowed facilities will not be obtrusive or visually unpleasant Provide clear standards governing all aspects of such facilities Minimize the number of new towers and to require co-locating Allow new facilities only when a documented proof of need satisfactory to the City can be shown Protect residential property and neighborhoods Promote shared use of telecommunications towers Protect property values, the image of the City, and the image along the City's principal arterials including Highways 55, 100 and 169, and Interstate 394. Subdivision 2. Definitions. A. ~~Antennas" means a device placed outdoors on a building or structure and used to transmit andlorreceive radio or electromagnetic waves, excluding: satellite dishes, six feet or shorter whip antennas 1 inch or less in diameter and television antennas having a total length of not more than six feet which are located on a dwelling or other permitted building. B. "Monopole" means a free standing, self-supporting telecommunications tower which uses a single pole and does not use a lattice design and has no guy wires. C. "Satellite dish" or "satellite earth station antenna" means a round or conical or cone shaped device more than 18 inches in diameter and placed outdoors on the ground or on a building or structure and used to transmit andlor receive radio or electromagnetic waves. D "Telecommunication facility" means cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications located or installed on or near a tower or antenna support structure but not including a satellite earth station antenna, (satellite dish) two meters or less in diameter. T~ ~n~ DlMIlopment ~ -""'-Ing 1 Draft for Planning Commission Meeting, 04/22/02 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 E. "Telecommunications tower" means a self-supporting monopole, poles Or lattice structure constructed at normal grade and extending into the air at least 12 feet and used to support telecommunications facilities. F. "Tower height" means the vertical distance from the average grade at the base of the tower to the highest point of the tower or to the highest point of the highest telecommunications facilities.onthe tower whicheveris higher. Subdivision 3. Demonstration of Need. The applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the. proposed location of the antennas is necessary to meet the coverage and capacity needs of its system and that there is no existing antenna support structure that could adequately serve the area if antennas were placed on it. Subdivision 4. Location of New Facilities. A. The following preferences, listed in ranked order, shall be followed for a new facility (tower) and each preference shall be analyzed to determine the most appropriate location: 1. Whenever possible, an existing telecommunications tower, structure or building shall be used to support the proposed facility. If an existing building or structure is used, it shall be over35 feet inheight. Preference shall be given to existing light poles, high voltage utility towers and water towers. Public and commercial buildings four or more stories high which canmore likely accommodate facilities without obstructing views or being obtrusive to views shall be given preference over shorter buildings. 2. Less Restrictive (heavier) zoning district shall be given preference over more restrictive zoning districts. 3. Sites with the least impact on residential areas. 4. In all cases, except for non-conforming existing towers, the location must meet the zoning requirements. 5. Amateur radio towers in the Residential Zoning District and Two-Family (R-2) Residential Zoning Districts are not required to co-locate. Subdivision 5. Where Allowed. Telecommunications towers and antennae facilities are allowed in the following zoning districts as specified provided they meet all other requirements of this ordinance. A. Open Development Zoning District - No telecommunications tower, antennas or telecommunication facilities are allowed. Consultant's Note: This district appears to be obsolete. It is not recommended that any facilities be allowed in this district. B. ResidentialZoning District and Two-Family (R-2)Residential Zoning District. 1. Telecommunications towers - Telecommunications towers are prohibited, except an amateur radio tower not to exceed 45 feet in height used by a licensed amateur radio operator residing on the site may be permitted through a conditional use permit and subject to all other requirements of this section and Section 11.80 of this code. 2; Antennas - Antennas 10 feet in length or less are allowed as a secondary use when located on an existing Structure. Thibault ASSOCIAtEs lht:IIan~.,~~........ 2 Draft for Planning Commission Meeting, 04/22/02 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . 3. Satellite dishes less than 1 meter indiameter-Satellite dishes less thanJmeterin diameter are permitted. 4. Satellite dishes 1 to 2 meters - Satellite dishes 1 to 2 meters in diameter may be allowed by a conditional use permit. If located on the ground, the height must not exceed 10 feet. 5. Temporary Towers- Temporary mobile towers are prohibited. C. Multiple Dwelling District M-l and M-2. 1. Telecommunications towers - Telecommunications towers may be permitted through a conditional use permit provided the height does not exceed 75 feet andsubjectto all other requirements of this section and Section 11.800fthis Code. 2. Antennas - Antennas 10 feet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite dishes less than 1 meter in diameter - Satellite dishes less than 1 meter in diameter are permitted. 4. Satellite dishes 1 to 2 meters in diameter - Satellite dishes 1 to 2 meters in diameter may be allowed by a conditional use permit. If located on the ground, the height must not exceed 10 feet. 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days and the purpose is to test a site which might qualify for a permanent tower and the height is not greater than 66 feet. D. Multiple Dwelling District M-3 and M-4 1. Telecommunications Towers - Telecommunications towers may be permitted through a conditional use permit provided the height does.not exceed 75 feet and subject to all other requirements of this section and Section 11.80 of this' Code. 2. Antennas -Antennas lOfeet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite. dishes less than 1 meter in diameter - Satellite dishes less than 1 meter in diameter are permitted. 4. Satellite dishes 1 to 2 meters in diameter - Satellite dishes 1 to 2 meters in diameter may be allowed by a conditional use permit. If located on the ground, the height must not exceed 10 feet. 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days and the purpose is to test a site which might qualify for a permanent tower and the height is not greater than 66 feet. E. Institutional Zoning District - Including 1-1, 1-2, 1-3 and 1-4, and excluding 1-5. 1. Telecommunications Towers - Telecommunications towers may be permitted through a conditional use permit provided the height does not exceed 100 feet and subject to all other requirements of this section and Section 11.80 of this Code. 2. Antennas - Antennas 10 feet in length or less are allowed as a secondary Use when located on an existing structure. Thibault ASSOCIAtES ~~ ~.~_..HlIuMIg 3 Draft for Planning Commission Meeting, 04/22/02 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 3. Satellite dishes .less than 1 meter in diameter - Satellite dishes less than 1 meter in diameter are permitted. 4. Satellite.dishes 1 to 2 meters in diameter - Satellite dishes 1 to 2 meters in diameter are allowed as a secondary use. If located on the ground, the height must not exceed 1 0 feet. 5. TemporaryTowers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days, the purpose is to test a site which might qualify for a permanent tower and the height is not greater than 100 feet. F. Business and Professional Office Zoning District 1. Telecommunication Towers - Telecommunications towers may be permitted through a conditional use permit provided the height does not exceed 120 feet high and subject to aU other requirements of this ofthis section and Section 11.80 of this Code. 2. Antennas - Antennas 10 feet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite dishes 2 meters or less in diameter - Satellite dishes 2 meters or less in diameter are permitted. If located on the ground, the height must not exceed 10 feet. 4. Satellite dishes more than 2, but less than 9 meters in diameter - SC\,tellite dishes more than 2, but less than 9 meters in diameter may be permitted through a conditional use permit and subject to all other requirements of this Section and Section 11.80 of the Code. If located on the ground, the height must not exceed 30 feet. Consultant's note: The federal law prohibits regulations "that affects "the installation of dishes two meters or less in diameter in commercial and industrial areas unless a waiver is granted. Combining subsection 3 and 4 may be appropriate. 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days, the purpose is to test a site which might qualify for a permanent tower and the height is not greater than 120 feet. G. Commercial Zoning District 1. Telecommunication Towers - Telecommunications Towers may be permitted through a conditional use permit provided the height does not exceed 120 feet and subject to all other requirements of this of this section and Section 11.800f this Code. 2. Antennas - Antennas 10 feet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite dishes 2 meters or less in diameter - Satellite dishes 2 meters or less in diameter are permitted. If located on the ground, the height must not exceed 10 feet. 4. Satellite dishes more than 2 but less than 9 meters in diameter - Satellite dishes more than 2 but less than 9 meters in diameter may be permitted through a conditional use permit and subject to all other requirements of this Section and Section 11.80 of the Code. If located on the ground, the height must not exceed 30 feet. Consultant's note: The federal law prohibits regulations "that affects" the installation of dishes two meters or less in diameter in commercial and industrial areas unless a waiver is granted Combining subsection 3 and 4 may be appropriate. Thibault ASSOQATeS I.IIt:.nAiMlno DaYlJ/DplMnt. ~ .......... 4 Draft for Planning Commission Meeting, 04/22/02 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days, the purpose is.to test a site which might qualify for a permanent tower and the height is not greater than 120 feet. H. Light Industrial Zoning District 1. TelecommunicationTowers - Telecommunications towers may be permitted through a conditional use permit provided the height does not exceed 200 feet and subject to all other requirements of this of this section and. Section 11,80 of this Code. 2. Antennas - Antennas 15 feet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite dishes 2 meters or less in diameter - Satellite dishes 2 meters or less in diameter are permitted. If located on the ground, the height must not exceed .15 feet. 4. Satellite dishes more than 2 but less than 9 meters in diameter - Satellite dishes more than 2 but less than 9 meters in diameter may be permitted through a conditional use permit and subject to all other requirements of this Section and Section 11.80 of the Code. If located on the ground, the height must not exceed 30 feet. Consultant's note: Thefederallaw prohibits regulations "that affects" the installation of dishes two meters or less in diameter in commercial and industrial areas unless a waiver is granted Combining subsection 3 and 4 may be appropriate. 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days, the purpose is to test a site which might qualify for a permanent tower and the.height is not greater than 200 feet. I. Industrial Zoning District 1. Telecommunication Towers - Telecommunications towers may be permitted through a conditional use permit provided the height does not exceed 200 feet and subject to all other requirements of this of this section and Section 11.80 of this Code. 2. Antennas - Antennas 18 feet in length or less are allowed as a secondary use when located on an existing structure. 3. Satellite dishes 2 meters or less in diameter - Satellite dishes 2 meters or less in diameter are permitted. If located on the ground, the height must not exceed 18 feet. 4. Satellite dishes.more than 2 but less than 9 meters in diameter - Satellite dishes more than 2 but less than 9 meters in diameter may be permitted through a conditional use permit and subject to all other requirements of this Section and Section 11.80 of the Code. If located on the ground, the height must not exceed 30 feet. Consultant's note: Thefederallaw prohibits regulations "that affects" the installation of dishes two meters or less in diameter in commercial and industrial areas unless a waiver is granted Combining subsection 3 and 4 may be appropriate. 5. Temporary Towers - Temporary mobile towers may be permitted through an administrative permit provided the term is not greater than 100 days, the purpose is to test a site which might qualify for a permanent tower and the height is not greater than 200 feet. ~~ lJIbIm""-*'o DtMIlopment ~ .. ttou.InQ 5 Draft for Planning Commission Meeting, 04/22/02 ei 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 J. Radio. and Television Zoning District Consultant's Note: It is recommended that this district be eliminated or revised The district has no height limitation and no guidelines as to where the district should be allowed Thus, a telecommunicationsfacility could be sought by applyingfor this zoning district on apiece of property. The City has at least thefollowing choices: 1. Leave the district as is 2. Delete the district 3. Amend the district 4. Phase out the district Subdivision 6. Design and Performance Standards. Design and performance standards are hereby established to meet the objectives of the City and the purposes and other provisions of this chapter. A. Facilities. If a new telecommunications tower over 60 feet in height is to be constructed: 1. the telecommunications tower must be designed to accommodate both the applicant's antennas and antennas for at least one additional comparable user; 2. the telecommunications tower must be designed to accept antennas mounted at additional heights; 3. the applicant, the telecommunications tower owner, the landower, and their successors must allow the shared use of the telecommunications tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, must submit a dispute over the potential terms and conditions to binding arbitration, and must sign the conditional use permit agreeing to these requirements. B. Placement. New telecommunications towers shall be placed on the site or within the site so as to be visually as unobtrusive as possible and existing trees and landscaping which can screen the telecommunication tower shall be preserved. C. Interference. The placement, design, use and operation of the telecommunications facilities shall comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. D. Setbacks. 1. No telecommunication tower shall be located in the required minimum front, side, or rear yard of any parcel. 2. Exceptions - Use of existing light poles, high voltage poles or towers, and telecommunications towers are exempt from the setback requirements provided that such pole or telecommunication tower is not increased in height. 3. Satellite Dish ~ In the Institutional, Business and Industrial zones, no satellite dish greater than two meters shall be located in the minimum required front or side-yard setbacks. E. Ground Structures. If the ground structure is a building, the design shall be compatible with the principal building. If no principal building is on the site, the building must be compatible with near-by buildings. Structures which are not buildings must be designed to be compatible with the area. F Structural. Telecommunications towers shall be approved by a licensed and qualified professional structural engineer to conform to the lateral and other structure standards of the most current uniform building code and to be structurally sound for conditions Thibault ...oc""... UIti.n~D.v.lopiment.~"""-lng 6 Draft for Planning Commission Meeting, 04/22/02 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 . reasonably likely to occur on or near the site and be capable of carrying at least four separate antenna arrays if the tower is higher than 130 feet. All other applicable requirements of other federal, state and other regulatory agencies must be met. G. Guy Wires. Guy wires are prohibited for new telecommunication.s towers. H. Security. Reasonable security measures shall be provided. If fencing is used, it must be decorative and landscaping shall be used to soften its impact. I. Lighting. No telecommunications towers or antennas shall be artificially illuminated unless required by law or the Federal Aviation Administration.. This provision does not prevent general exterior lighting of a building or steeple to meet aesthetic or functional objectives provided such lighting otherwise meets the provisions of the code. J. Signs. No sign shall be located ona telecommunications tower or antenna except to provide necessary information as required to meet federal, state or local laws. Consultant's note: What information, if any, would the City like displayed? Consider including an information / emergency number, the conditional use permit or resolution number, ifany. On a case by case, the City could, ifit so desires, require certain information to be posted. K. Landscaping and Screening. All telecommunication towers and related building facilities shall be landscaped and screened with natural vegetation to lessen the visual impact. The natural vegetation on the site shall be documented on the site plans. Suitable existing vegetation shall be retained to the extent possible based on an.analysis of the site. New landscaping shall be shown on a landscape plan, which will be reviewed as part of the conditional use permit. application. L. Color. The finished color for the telecommunication tower shall be.natural for the environment and setting and shall be permanent e.g. anodized, baked enamel. M. Access. Adequate access to the facility must be provided from a public right of way to the facility consistent with the type of facility constructed. N. Parking. .No off-street parking is required for telecommunications towers or antennas. However, if off-street parking is provided, it shall have a suitable base and be landscaped along the outside perimeter. O. Antenna Locations and Mounting. Locating and mounting antennas on buildings and structures aregovemed by the following: 1. If mounted at the top of a telecommunication tower so that any portion of the antenna extends above the top of the tower, such extension is included in determining the height of the tower. 2. If nlountedon a public water tower, light pole, high voltage utility pole, steeple or similar structure, preference shall be given to placmgthe antennas on the side or on the support portion of the structure instead of on top of the facility. 3. Ifmounted on a building, preference shall be givento placing the antenna on the side of the building mounted flush with the building and colored to match the background instead of a location on top of the building. However any antenna mounted on the side of a building shall not extend above the roofline. (Satellite dishes may be more appropriately located on the roof and screened from view.) 4. If mounted on the top of a building, preference shall be given to placing the antennas in the center portion of the building. In no event shall a rooftop antenna be located closer than 10 feet from all outside edges/perimeter of the building. Thibault A8$0dAlB lIlbBnPl8nnni OeIoIIIGp/Mnt..~. ~ 7 Draft for Planning Commission Meeting, 04/22/02 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 C~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 5. Antenl1as located on the side or top of a building or structure sha11.be designed, colored, and maintained to blend in with the color and architecture ofthe building or structure. Subdivision 7. Additional Standards for Public Property. A. Declaration - The City recognizes that in certain locations and in certain circumstances it is appropriate public policy and in the best interest of the community to allow using some public land and structures for telecommunication facilities because it may provide efficient use of resources and may reduce clutter by using existing facilities. Accordingly, the City supports consideration of the following when applications meet all other provisions of the ordinance: 1. Allowing high voltage electric utility tower, some of which are in public rights of way, to be used as telecommunications towers. 2. Encouraging/Allowing existing Mn/DOT and City light poles within the right of way of principal roads including Trunk Highway 100, 169,55 and Interstate 394 to be used as telecommunications towers. 3. Encouraging the use of the tower located on MnJDOT's property at the northwest quadrant of Trunk Highway 100 and Duluth Street. 4. Allowing existing City light poles to be used as telecommunications towers but noUn the Residential Zoning District, the Two-Family (R-2) Residential Zoning District nor the neighborhood parks. 5. Allowing public land and structures to be used for telecommunications structures, but not in neighborhood parks as defined by the Comprehensive Plan. .On school sites, telecommunications towers shall not exceed 100 feet. Subdivision 8. N on.,.conforming Facilities. Legal non-conforming towers may be structurally altered to .carry additional antenna arrays provided: 1. The height is not increased. 2. The location of the tower and the proposed change is not adverse to the use and enjoyment of the adjacent property. 3. The proposed change and plan include meeting design standards of the ordinance to the extent reasonably possible. 4. A review is made by the City allowing the change and subject to plans and conditions agreeable to the City and applicant. Subdivision 9. Review Procedure. A. Administrative Approval. An applicant seeking approval of a facility which can be administratively approved (approved without a conditional use permit) shall follow the instruction and requirements contained in the application form provided by the City. The application and plans must meet all of the requirements of this Ordinance. An application found to comply with all the provisions governing administrative approval shall be approved by the City staff member designated by the City to review such applications. Approval shall be in writing, identifying the specific facility approved, the location, mounting height and other pertinent information and any condition of the Thibault """"",,,"'" u.e.n~ '~. ~.. HIluIlna 8 Draft for Planning Commission Meeting, 04/22/02 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~~ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .5 approval. Denial shall be in writing and shall specify the reason for denial. If the reql.l;ested facility is to be located on City property, the agreement allowing the facility shall be approved and executed prior to issuing the permit. B. Conditional Use Permit. Telecommunication towers and antennas which require a conditional use permit are subject to the conditional use permit requirements specified in Section 11.80 of this Code, provided however that all other requirements of Section 11.71 of the Code are complied with. Subdivision 10. Inspection. The City may inspect towers, antenna support facilities, and the property on which such facilities are located to determine compliance with the City Code, its ordinances, regulations, and conditions of approval. The City may require repair or modification of the facility, site maintenance, or removal of the facility based on the results of the inspection. Subdivision 11. Maintenance. Telecommunications towers and antennas and the site upon which they are located must be maintained in accordance with the following provisions: A. Tower owners must employ ordinary and.reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries or nuisances to the public. B. Tower owners must install and maintain towers, telecommunications facilities, 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. C. Towers, telecommunications facilities, and antenna support structures must be kept and maintained in good condition, order and repair. D. Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. E. Towers and antennas must comply with radio frequency emissions standards of the Federal Communications Commission. F. If the use of a tower is discontinued by the tower owner or lessee, the tower owner or lessee must provide written notice to the City of its intent to discontinue use and the date when the use will be discontinued. Subdivision 12. Removal. Any tower or antenna which is not used for 12 months shall be removed along with any associated above ground facilities within 90 days of said 12 months unless an extension is approved by the City Council prior to the expiration of said 90 days. Failureto remove a tower or antenna as provided by this subdivision shall be deemed a nuisance and the City may act to abate such nuisance and require removal at the property owner's expense. Section 2. Chapter 11 of the City Code isamended in Section 11.03, Subd. 35 "Definitions, Essential Services" to read as follows. Thibault ASSOaA"'S lJtMn"'-'*'O.~nt.~....... 9 Draft for Planning Commission Meeting, 04/22/02 -~ 3 4 5 6 7 12 13 14 15 16 17 18 19 20 -21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 - 35. "Essential Services" - Structures or facilities owned by a government entity, a nonprofit organization, a corporation, or any other entity defined as a public utilityt and used in connection with the collection, delivery, generation, production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or water. .'\lso, antennas and supporting structmes for the transmission of cellular telephone, radio, or television signals to the general public. Essential services shall be broken down into classes as follows: 8 9 10 11 Class I - pipes or wires for cable television, electric power, gas, sewer, telephone lines or water services;. together with supporting poles or structures and necessary related equipment; located within a public right-of-way or utility easement and in full conformance with any applicable local, state, or federal regulations. Class II -,Public utility facilities completely enclosed within buildings not to exceed 12 feet in height or 600 square feet in gross floor area; or cellular telephone, radio, or televisionsignal transmission to\vers not to exceed 120 feet in height as measured from the ground level to the highest point of the structures (including antenna), and including necessary equipment completely enclosed v;ithin buildings not to exoeed 12 feet in height or 600 square f-eet in gross floor urea. Class 111- Peaking stations; substations; switching stations; cellular telephone,commercial radio, or television signal transmission tovrors not to exceed 300 feet in height, and related equipment; and. associated office or technical facilities for any of the preceding. Consultant's note: After review o/these changes it may be appropriate to consider other changes. Section 3 City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled" Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4 (pending) Section 5. Chapter 11 of the City Code Section 11.40 Radio and Television Zoning District is hereby repealed. Consultant'sNote: This section would be included if the City decides to eliminate (repeal) this district. Section 6. This ordinance shall take effect after its passage and. publication. This ordinance is adopted by the City Council this ---,-th day of ---,-, 2002. Linda R. Loomis, Mayor Thibault '....0"..""" LM;t.n~~nI:~.HlxIlIInO 10 Draft for Planning Commission Meeting, 04/22/02 ..~ 3 4 5 6 7 8 9 10 11 . . ATTEST: Donald G. Taylor, City Clerk Published in the New Hope-Golden Valley Sun Post on , 2002 Thibault """""'''''' u.-n~ o.v.lcipmenl ~ ......,." 11 Draft for Planning Commission Meeting, 04/22/02