08-12-02 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday,August12,2002
7:00 PM
I. Approval of Minutes - July 22, 2002 Planning Commission Meeting
II. Informal Public Hearing - Planned Unit Development (PUD-96)
Applicant: Central Bank
Address: 925, 955 and 957 Winnetka Avenue, Golden Valley, MN
Purpose: The applicant would like to demolish the existing buildings to allow
for a bank with a drive-through facility, as well as leasable office
space.
III. Informal Public Hearing - Zoning Code Text Amendment
Applicant: City of Golden Valley
Purpose: The City would like to delete the Open Development zoning district
from the Zoning Code.
IV. Informal Public Hearing - Zoning Code Text Amendment, Property
Rezonings, and Comprehensive Land Use Plan Map Amendments
Applicant: City of Golden Valley
Purpose: The City would first like to delete the Radio and Television zoning
district from the Zoning Code. Then secondly, the City would like to
rezone 2510 Mendelssohn Avenue North to Commercial, change
the underlying zoning for the western portion of P.U.D. 93 to Light
Industrial, and rezone P.I.D. 19-029-24-13-0016 to Industrial.
Finally, the City is requesting that the Comprehensive Land Use
Plan Map be changed for 2510 Mendelssohn from Light Industrial
to Commercial and for 917 North Lilac Drive from Industrial to Light
Industrial.
V. Informal Public Hearing - Zoning Code Text Amendment
Applicant: City of Golden Valley
Purpose: The City would like to revise the telecommunication requirements
of the Zoning Code.
-- Short Recess --
VI. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
VII. Other Business
A. Discussion of Draft Sign Code (Section 4.20 of the City Code)
B. Discussion of Minnesota APA Conference: September 11 - 13, 2002
VIII. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
July 22, 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
July 22, 2002. ChairPentel called the meeting to order at 7:00 PM.
II.
Those present were Chair Pentel and Commissioners Eck, Gro
McAleese, Rasmussen and Shaffer. Also present were Dire
Development, Mark Grimes, City Planner, Dan Olson and
Wittman.
n,
g and
cretary Lisa
I. Approval of Minutes - June 24, 2002 Plan
Eck referred topage4, paragraphs4 and 5 a
both paragraphs be changed to "the southwe
Winnetka".
hat e words "that corner" in
f Golden Valley Road and
Eck referred to page 7, paragraph 4
"site"
word "side" should be changed to
MOVED by Eck, seconded b
the June 24, 2002 minute
, and motion carried unanimously to approve
ve noted changes.
Zoning Code Text Amendment (ZOOO-51)
Applicant:
utheran Theological Seminary
ndustrial Zoning Districts, Golden Valley, MN
he applicant is requesting to add non-residential post secondary
schools as a Conditional Use to the City's Business and
Professional Offices, Light Industrial and Industrial zoning districts.
Grimes stated that the applicant has asked the City to delay the public hearings
regarding their application for the above Zoning Code text amendment and also their
application for a conditional use permit. He explained that the applicants have not yet
reached an agreementin purchasing the building. He stated that the Planning
Commission could open the public hearing and then close it, or they could just discuss
the Zoning Code text amendment issue.
Pentel asked why the American Lutheran Theological Seminary is the applicant on the
Zoning Code text amendment application and not the City. She stated that it might be
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Minutes of the Golden Valley Planning Commission
July 22, 2002
Page 2
useful to discuss the proposed text change without having.the actual application for the
conditional use permit before the Commission. Grimes explained that generally Zoning
Code text amendments and conditions use permit applications are heard separately,
but in this case the seminary wanted to start having classes in September so he agreed
to put both items on the agenda at the same time. He stated that he agrees with Pentel
that it might be worth talking about the Zoning Code text amendment now, even though
this particular request is no longer on this agenda.
Shaffer asked if the Commission could discuss this Zoning C
without taking a vote on it. Pentel stated she would like to
positive or negative, to the City Council. Rasmussen agr
time to discuss the Zoning Code text amendment beca
do with a specific applicant, it's more an issue of wheth
dment
endation,
oulg be a good
oesn't have a lot to
od idea or not.
McAleese stated that his concern is that the Ci
proposing this text amendment, but that ther
that this item be removed from the agenda.
had the opportunity to present an argu
and here the person who specifically
make their argument. He stated it.
t plicant and is not
Iicant who specifically asked
hat proponents in the past have
a change to the Zoning Code
.s text amendment is not here to
on of process more than anything else.
Pentel acknowledged that ther
staff is talking about makin
and Light Industrial Zonin
but it is before the Planni
issue and would pro
however, that if s i
would be too.
pplicant for thi.s particular request. However,
the Business & Professional Offices, Industrial,
cAleese agreed that the issue is a generic one,
mission because this specific applicant raised the
:f,) have an opportunity to expound upon it. He stated
ble going forward with this text amendment then he
eese and stated that if the Commission turned down this
Code text amendment and then the applicant would want to come
, t ey wouldn't have the opportunity to bring up their point of view.
Pentel state at she'd be fine tabling this request. Groger stated that tabling this
request would be his preference because right now there is nobody to present anything
to the Commission so it would be a discussion about a hypothetical use.
Rasmussen stated that changes to the Zoning Code shouldn't be applicant driven and
that it should be a part of planning. McAleese stated that it is a part of planning, but
that people do have the right to request a change to the Zoning Code. He suggested
that instead of tabling this item, they could remove it from the agenda and ask staff to
. bring back an applicatiol1 to the Planning Commission with the City as the applicant.
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Minutes of the Golden Valley Planning Commission
July 22, 2002
Page 3
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Grimes suggested the public hearing be continued to within the next month in case the
applicant chooses to bring their application back to the Planning Commission.
Shaffer stated he would like the Planning Commission to look further ahead and
possibly discuss, in more breadth, other types of uses the City might want to add to
these zoning districts. Groger stated it would be difficult to add a lot of hypothetical
uses to the zoning districts when text amendments are usually driv a specific
need.
Grimes stated that in August, staffwill have some more po
Code and that maybe the Planning Commission could di
to the Zoning
Icular issue then.
MOVED by Rasmussen, seconded by Shaffer and motio
continue these public hearings.
III. Continued Informal Public Hearing -
Applicant:
Address:
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Purpose:
it would allow for a non-residential
rty in the Light Industrial zoning district.
The apJ:>licant requested
this agenda.
request for a conditional use permit be removed from
-- Short Recess --
IV.
gs of the Housing and Redevelopment Authority, City
of Zoning Appeals and other Meetings
Nore
V.
A Presentation on the Natural Resources Inventory was given by SEH, Inc., consulting
engineers, the Environmental Commission and the Open Space and Recreation
Commission also attended the presentation.
VI. Adjournment
. The meeting was adjourned at 7: 16 PM.
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Memorandum
Planning
763-593-8095/763-593-8109 (fax),
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing - Preliminary Design Plan Review for Central Bank,
PUD No. 96 - 925 and 955-957 Winnetka Ave. - Central Bank, Applicant
Date:
August7,2002
BACKGROUND
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Central Bank, represented by Larry Albert, has requested approval of a preliminary design
plan to allow the construction of a bank (with 9rive-thru lanes) and office at the southwest
corner of Winnetka Ave. and 10th Ave. Central Bank is currently located in the Colonnade
Building at 5500 Wayzata Blvd. in Golden Valley. It is staff understanding that this location
would replace the.Colonnade location.
The proposed site is the current location of two office/industrial buildings that were built along
side each other. There is a property line that runs between the buildings. Dennis Brady
owns both buildings. The property is under contract to sell to Central Bank if the City
approves the PUD. The buildings are occupied although it appears that there is vacant
space for lease.
The site is currently designated on the General Land Use Plan map for Light Industrial uses.
The zoning of the property is Light Industrial. The zoning code does not permit banks as a
permitted or conditional use in the Light Industrial zoning district. It is theCity'spolicy to have
the underlying zoning and General Land Use Plan designation consistent with the proposed
use of the PUD. In this case, both the General Land Use Plan Map and Zoning Map would
have to be amended to Industrial. The process to make these amendments would occur
after the Preliminary Design Plan is approved by the City Council. The City Attorney has
suggested the timing of this amendment process in order to prevent a change to the General
Land Use Plan map and Zoning Map prior to the approval of the General Plan of
Development. After the Preliminary Design Plan is approved by the City Council, the City
_...__________~~______~_~~QJdt9_~~tt~D,_-__9~~~~p_1__.,.~_r!-:__~P_pJt9~!_i_Q_!J_J.Q____,9:,rrJ~!Jg__._~b_~__,_Et~_n__._M_~__p__..~r!<;t_~?;_Q"D_tr.J_g___M:~_p_"1b~~_1~'t1Q_~_,.g______g_Q__19~___ _ _____~_______________~____
. the City Council atthe same meeting the General Plan of Development for the PUD is
approved by the City Council.
There are two stages of approval for all PUDapprovals. This is the first, or preliminary
design plan stage.. The purpose of this stage is two-fold: to give broad concept approval to
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the proposal, and to call out issues that must be addressed in detail as the proposal moves
ahead to the General Plan stage. Preliminary plan approval does not guarantee that a
proposal will become reality. It gives an applicant some assurance of being on the right
track, and some guidance on how to proceed. In the case of the Planning Commission in
particular,.the limitation of the preliminary plan approval is clearly laid out. City Code Section
11.55 Subd. 6.0 states that:
The Planning Commission's consideration of the application shall be limited to a
determination of whether the application constitutes an appropriate land use under the
general principals and standards adhered to in the City and, if necessary, its
report shall include recommended changes in the land use plan by the applicant
so as to conform the application or recommend approval subject to certain
conditions or modification.
SUMMARY OF PROPOSAL
Central Bank intends to tear down the existing two buildings on the site and construct a new
two-story office building as indicated on the attached site and elevation plans prepared by
BKV Group. These plans are undated. The building will have a footprint of about 9,125 sq.
ft. for a total of about 18,000 sq. ft. of office space. The bank will take up about 1/3 of the
space for office and customer facilities. The remaining 2/3 of the space will be leased for
office space.
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As indicated on the site plan, the entire site is 88,375 sq, ft. in area or about 2.03 acres. The
site is bounded on three sides by streets and on the southeast corner by Bassetts Creek.
The uses to the south and west include other office/light industrial uses. The property to the
north across 1 Oth Ave. is zoned Industrial and is vacant. It is part of the property owned by
Redline and is adjacent to their parking lot. The property across Winnetka Ave. to the east is
zoned Institutional and is used for open space and the library. Property north of the railroad
track is zoned Residential.
The site plan indicates that there will be 've drive-thru lanes with the southern lane being the
A TM lane. There will be 68 parking ce. Both the parking lot and the drive-thru lanes
have access from only one drivewa offic Lewis Road. There is no access to the site from
either 10th Ave. or Winnetka Ave. Tn current site has two driveways off Lewis Rd.
The plans indicate landscape and streetscape improvements along Winnetka Ave. It is the
intent of Central Bank to create a gateway corner design at Winnetka and 10th. Aves. that
would extend the concept of the Golden Valley streetscape design along Winnetka Ave.
Therewould also be landscaping along 10th Ave. and the creation of a 3-4 ft. high berm to
help screen the parking lot and drive-thru lanes. The plan also indicates areas that will be left
natural and the area for the storm water holding pond.
The proposed site plan indicates a setback of 35 ft. from Winnetka Ave., 25 ft. from 10th Ave.
and 10ft. from Lewis Rd. As indicated on the preliminary plat drawing submitt~cfJl\lithJh~____
.~~:o~a~~f~Fn~~~~l~~~~~~~~~~~n~~:~~~!~~:~~~~%"! ~~ei~~ ~e;: ~~e
building at 925 Winnetka Ave. is setback about 70 ft. from Winnetka Ave. The building along
10th Ave. is setback 34 ft. The existing parking lot along Lewis Rd. is setback 30-35 ft. If this
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development were to be done without a PUD, the setback along all streets is 35 ft. for both
building and parking lots from streets. Since the proposed bank is adjacent to Bassetts
Creek, there is a setback of 50 ft. for any hard surface from the top of the bank of the creek.
The preliminary plat indicates that the new parking lot for the bank will be about 100 ft. from
the top of the bank and the building over 70 ft. from the top of the bank of the, creek.
The proposed building is planned to be a tWo-story building. At the highest point, the building
elevations indicate the building will be less than 40 ft. high. All Commercial and Industrial
zoning districts permit buildings to be at least 3 stories or 45 ft. in height.
ELIGIBILITY OF APPLICATION
PUD's are regulated under City Code Section 11.55. Four subdivisions of that section come
into play when screening PUD applications for eligibility. Each is discussed below. After
considering the Central Bank PUD application in view of all four subdivisions, staff finds that
the proposal is eligible and may enter the preliminary design stage of the PUD Process.
PUD Definition - PUD's are defined in CC Section 11.55, Subd. 2. This proposal clearly
meets the termsofSubd. 2.A.6, which allows PUD's for developments located within
redevelopment areas. This site is within the Valley Square Redevelopmentdistrict
established by the City Council in 1978.
PUD Purpose and Intent - Applications must also meet the general purpose and intent of
PUD's as set out in CC Section 11.55, Subd. 1. According to Subd. 1, the PUD process is
designed for use in situations "where designation of a single use zoning district or application
of standard zoning provisions are too rigid for practical application." In this case, it would be
difficult for the proposed use of this site.to go forward without a PUD due to its location
adjacent to three streets and Bassetts Creek. The use of a PUD for this proposal is
consistent with the Valley Square Redevelopment Plan that calls for supporting private
redevelopment efforts, replacing old and deteriorating structureswith new development, and
promoting an increase in office space. In addition, the Valley Square Plan calls for improving
the physical appearance of the government center and its environs and the improvement of
the physical appearance of the commercial core. This Central Bank proposal helps fulfill
each of these objects found in the Valley Square Plan.
Standards and Criteria for PUD's - City Code establishes basic requirements for different
types of PUD's in Sec. 11.55, Subd. 5. Commercial uses are discussed in Section 5.C.
There are eight items covered under the basic standards for commercial PUD's. The list is
as follows with staff comments:
1. The tract shall have not less than 100 ft. of frontage on a public street. In this case,
the site has over 200 ft. offrontage.
2. Public water, sewer and fire hydrants must serve the development. Public utilities
u u_ . ._____n~r19-'JYcJfC:lrlt~.<::!J!r~r1tly~~I"{~tbc~_~it~_.j$~~gity~l1gil1~~r'~m~r:DQ.l. .m.. _....... . ..._ .._ .._.
. 3. The surface drainage systems shall be constructed according to a plan approved
by the City Engineer. The City Engineer has reviewed the attached plans. His
comments are in his attached memo.
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e. 4. The entire site shall be utilized for the PUD. In this case, the entire 2-acre site is part of
the PUD.
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5. The off- street parking spaces shall be painted on the surface as indicated on a plan
approved by the City Council. The proposed site plan indicates such a plan and it will
become a part of the General Plan of Development.
6. Provisions shall be designed for off-street loading to service the businesses and
such spaces shall have easy access and not be designated for other uses.
Deliveries for a small office building such as the 18,000 sq. ft. Central Bank building will
be made through the front door. Most deliveries to office buildings are done by small
trucks except during move-in times.
7. Private roadways shall be constructed according to a plan approved by the City
Engineer as to type and location. The City Engineer has reviewed the site plan and his
comments are in his memo.
8. LandscapingshaUbe provided according to a plan approved by the City Council in
accordance with landscape standards. A preliminary landscape plan has been
indicated on the site plan. The final landscape plan will have to be reviewed and
approved by the Building Board of Review prior to issuance of any building permits.
Completeness of Application Packet - The final screening of any PUD proposal for
eligibility is based on Section 11.55, Subd. 6.A, which establishes that various components
must be submitted at the time of the preliminary design stage of the application. The City is
in possession of each of the items outlined in this section.
PLANNING CONSIDERATIONS
The types of issues that come up in connection with PUD applications vary based on the type
of development and the specific characteristics of the development. In this case, staff has
identified no particular concerns beyond those that generally accompany a PUD application.
The staff highlights the following issues:
Zonina .. The "Purpose and Intent" paragraph of the PUD requirements make it clear that a
major intent of the PUD process is to "permit design flexibility by substantial variances from
the provisions of the zoning chapter, including uses, setbacks, height, parking requirements
and similar regulations." Thus, to some extent, variances are a given with any PUD; that is
part of what the process exists to do for qualified PUD applications.
Despite the basic intent of the PUD process with regard to variances, the City must ensure
that each proposal does not exceed the bounds of good design practices. Tothat end, it is
useful to compare the PUD proposal to normal zoning standards.
Because the property will to be rezoned to Industrial prior to the approval of the General
Plan of Development, the comparison is made to the regulations found in the Industrial
zoning district. The following comparison is made with staff comment:
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1. Permitted Uses: Offices are considered permitted uses. Banks with drive-thru lanes are
considered a conditional use.
2. Lot Width: There are no lot width requirements.
3. Lot Area: There are no lot area requirements.
4. Lot coverage: Buildings or structures cannot cover more than 50% of the lot. In the case
of the Central Bank proposal, only 10.3% of the lot is covered by building. (The existing
site has about 19,000 sq. ft. of building area or about 20% of the lot covered by building.)
Staff has calculated that the "hard coverage" (buildings, parking lots, sidewalks, etc.) is
about 42,000 sq. ft. for the existing site and 47,000 sq. ft. for the proposed Central Bank
plan. Even though the Central Bank plan has more hard surface, the proposed ponding
area reduces the negative effect on the environment as compared to the existing site that
has no pond and the storm water releases directly into Bassetts Creek.
5. Building Height: The height limitation is 45 ft. The height of the Central Bank building is
less than 40 ft. and only two-stories.
6. Setbacks: The setback requirement alon-9-skeets is 35 ft. for both parking areas and
buildings. Along Bassetts Creek, the ~. from the top of the bank to any
building or parking lot. The sideyard setback is 20 ft. to building and 10ft. to any parking
lot. In the case of the Central Bank building, the 35 ft. setback from Winnetka Ave. is met.
Along 10th Ave., the proposed setback is 25 ft. Along Lewis Rd. the setback is proposed
to be 10ft. The setback from Bassetts Creek is greater than 50 ft. The side setback to
the property to the south is 10ft. The street setback for the parking lots of the two.
1#\ buildings to the south of the 925 Winnetka Ave. building on Lewis Rd. is about 10 ft. or
~ I ,\ similar to the proposed setback for the parking lot for the Bank. The 25 ft. setback from
~>"..xr-l~ 1 Oth Ave. is less than the existing setback of the current building on the site. Central
\t\. Bank plans to. mitigate this setback by berming the setback area along 10th Ave. to help
c:f' ~,s screen cars at the drive-thru lanes. (Within the past several months, the Board of Zoning
cf" \ 0' Appeals (BZA) did approve a variance for this site to allow the parking lot for the existing
'\~ ~ two buildings to be expanded to within 10ft. of Lewis Rd. in order to provide additional
~)(~ a parking that would permit expanded uses in the two buildings. This variance remains
\~ valid if the PUD for Central Bank is not approved.)
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7. Parking: The proposed PUD calls for 68 parking spaces. The zoning code requires that
there be one parking space for each 250 sq. ft. of office space. With 18,000 sq. ft. of
office space, the zoning code requires 72 spaces or 4 more than is shown on the plan.
Staff believes that the number of spaces is adequate because much of the business will
be done from the drive-thru lanes. If the bank were to be converted completely to office,
the drive-thru lane area would have to be changed to allow more parking spaces.
. ~...~_8.Accessdrive""ays;. Th~propos~d sit~plaJLeXCeedsJhe.City'~sminimumrequiJementJoL~ ._
.. access driveways. The plan indicates only one driveway toa public street that helps to
reduce traffic conflicts on both Lewis Rd. and 10th Ave. The City Engineer does not
anticipate that this new building will have a negative impact on traffic in the area. (The
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size of the proposed building is actually less than the existing building which also could be
used for mostly office space with the existing parking lot variances.)
· 9.
Landscaping: The zoning code requires that all landscape plans be submitted for.
approval to the Building Board of Review even if they are within a PUD. The site plan
indicates that there will be a trash enclosure. It is assumed that this means the dumpster
will be screened. The BBR will insist that the enclosure be made of materials similar to
the building. Staff is impressed with the landscape concept for the bank. The plan
emphasizes the gateway corner at Winnetka and 10th Aves. The plan also indicates a
desire to follow the City's landscape concept found along Winnetka Ave.
Park Dedication - Because this site is fully developed, the City has not required park
dedication. If this was an undeveloped site, the City's policy is to require a park dedication.
Engineering and Construction Issues - Memos are attached from both the City Engineer
and the Deputy Fire Marshall. These memos indicate their recommendations. Both memos
do not raise any "red flags" at this point and indicate that the projects can go forward in the
review process.
STAFF RECOMMENDATION
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Staff recommends approval of the Preliminary Design Plan for the Central Bank PUD No. 96.
The proposed building construction with site improvements are consistent with the goals of
the Valley Square Redevelopment Plan and will enhance the corner of Winnetka and 1 Oth
Aves. The proposed setbacks along both 10th Ave. and Lewis Rd. are less than would be
required if the project was done without a PUD. However, the site is difficult to develop due
to streets on three sides and the creek on the southeast side. Also, there is a steep slope
along the southeast side of the site that does not permit development. Overall, the building
proposed by Central Bank is attractive and the site design (including the ingress and egress
for the drive-thru lanes) is well thought out.
The approval is subject to the following conditions:
1. AU recommendations and requirements set out in the Engineering Memo from City
Engineer Jeff Oliver, PE, and dated 7/30/02.
2. All recommendations and requirements set out in the memo from Deputy Fire Marshal Ed
Anderson and dated 7/24/02.
3. The Building Board of Review, as part of the building permit process, must approve the
landscape plan.
4. The site plan and preliminary elevation plans prepared by BKV Group for the Central Bank
(undated) shall become a part of this approval.
. _5._Thepreliminary plat and preliminary grading plan prepared . by Master CiviL Construction
Engineering and dated 7/19/02 shall become a part oUhis approval.
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6. The approval is subject any other state, federal and local ordinances, regulations or laws
with authority over this development.
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Attachments: Jeff Oliver's memo dated July 30, 2002
Ed Anderson's memo dated July 24, 2002
Preliminary plat and preliminary grading plan, Master Civil Construction
Engineering dated July 19, 2002
Oversize Site Plan, BKV Group (no date)
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emorandum
Public Works
763-593-8030/763-593-3988 (fax)
1
alley
Date: July 30, 2002
To: Mark Grimes, Director ot Planning and evelbpment
From: Jeff Oliver, PE, City Engineer
Subject: Preliminary Design Plan, PU
Public Works staff has reviewed the proposed plans tor the Central Bank Planned Unit
Development, which is located on the south side of 10th Avenue North, and between
Winnetka Avenue and Lewis Road. The PUD consists ot removing the existing building
at this site, and combining three existing lots into a single lot tor a bank and rental office
space.
Site Plan:
The proposed site plan utilizes a single driveway into the building. This access is
located in approximately the same place as the existing northern driveway, and is
acceptable as proposed.
The adjoining street system is adequate to accommodate the traffic generated by this
proposed PUD.
The proposed work within the Lewis Road right-ot-way will require a City right-ot-way
permit. This permit must be obtained prior to beginning work on site.
The plans indicate that the developer wishes to extend the City's Winnetka Avenue
streetscaping to the northeast corner ot this site. Final plans tor this streetscaping must
be included with the General Plan submittal. Public Works staff will review these plans
for consistency with the existing streetscaping.
Utilities:
The existing sanitary sewer and water mains servicing this site are adequate to meet
the anticipated demand. However, a tinal Utility Plan must be submitted with the
GeneraLPJall to allowstafUo IeyiewJhe .utilityJayoutwithinJhesite.. .......
G:\Developments-Private\Central Bank\PUD Prelim Memo.doc
Storm Drainage and Grading:
. This PUD is located in the Mainstem subdistrict of the Bassett Creek Watershed. In .
fact, Bassett Creek is located immediately adjacent to the site on its southeast
boundary. Development of the site will be subject to the Bassett Creek Water
Management Commission's Water Quality Policy and must be approved by the
Commission. The water quality ponding shown on the preliminary grading plan appears
to meet the Commission's requirements. The developer must submit ponding
calculations for the site with the General Plan submittal.
The development of this site is also subject to the City of Golden Valley's grading,
drainage and erosion control ordinance, which requires grading plans to be prepared to
City standards. The grading plan that was submitted for review with the Preliminary
Design Plan appears to be satisfactory from a conceptual standpoint, but does not meet
City standards. A final plan conforming to City standards must be submitted with the
General Plan.
Tree Preservation:
A tree preservation plan must be included in the General Plan submittal for the site.
Specifications for the Tree Preservation Plan are available in the Public Works
Department.
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Summary and Recommendations:
Public Works staff recommends approval of the Preliminary Design Plan for the Central
Bank PUD. Based upon this review, staff has identified the following issues that need to
be addressed as part of the General Plan review for the PUD:
1) A Grading, Drainage and Erosion Control Plan prepared to City standards must
be submitted for review and comment.
2) The development is subject to the review and comment of the Bassett Creek
Water Management Commission.
3) A final Utility Plan must be submitted for review and comment with the General
Plan.
4) A Tree Preservation Plan must be submitted for review and comment with the
General Plan.
5) The plans are subject to the review and comment of other City staff.
C:
Jeannine Clancy, Director of Public Works
... . ALbLJncj ~t[()111 ,E: rlyir() nrTH;mtGlI9()()rd il1Glt()f
Mark Kuhnly, Chief of Fire and Inspections
Gary Johnson, Building Officiat
Ed Anderson, Fire Marshal
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G:\Developments-Private\CentraIBank\PUD Prelim Memo.doc
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Memorandum
To: Dan Olson, City Planner
From: Ed Anderson, Deputy Fire Marshal
Date: July 24,2002
Re: Memorandum request for PUD Number 96-Central Bank
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Listed below are the fire department plan review comments for the PUD
Number 96-Central Bank location at 925,955,and 957 Winnetka Ave N.
1) Provide the proper turning radius for the fire apparatus and
equipment into the proposed site. (45 foot inside turning radius)
2) The Installation of NO PARKING FIRE LANE signs and stationary
posts shall in accordance with the City of Golden Valley's City
Ordinance and the Golden Valley Fire Department Standards.
3) Fire Department.access road shall be designed, maintain and
accessible at all times during construction. The access road shall
be constructed for all weather driving condition and to support the
imposed weight and load of all fire apparatus.
4) The Installation of the fire suppression system for the building, post
indicator valve for the fire suppression system and the fire hydrant
shall be installed accordance with the City of Golden Valley
standards and required fire code requirements.
5) The demolition of the currents buildings shall be in accordance with
the requirements from the Minnesota Uniform Fire Code Article 87
FIRE SAFETY DURING CONSTRUCTION, ALTERATION OR
DEMOLITION OF A BUILDING.
If you have any questions please call me at 763-593-8065 or email
eanderson@cLgolden-valley.mn.us.
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Memorandum
Planning
763-593-8095/ 763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing to Rezone 2510 Mendelssohn Avenue North from Radio and
Television zoning district to Commercial zoning district - City of Golden Valley,
Applicant
Date: August 7, 2002
Backaround
Staff is proposing that the property at 2510 Mendelssohn Avenue North be rezoned from the
Radio and Television zoning district to the Commercial zoning district. All of the properties
in that area north of Mendelssohn Avenue North are zoned Commercial so this rezoning
would be compatible with those properties. Along with this rezoning, staff is also requested
an amendment to the Comprehensive Land Use Plan Map (see attached memorandum).
The property is owned by VerizonWireless and contains a 180-foot antenna tower, as well as
an office building. Verizon has verbally consented to this property rezoning. In 1964, the
property was rezoned from Open Development to Commercial. In 1984, the property was
again rezoned - this time to Radio and Television. This rezoning was done to allow for the
construction of a telephone switch station and a 167-foot high antenna monopole. In 1993, a
variance was approved for this property so that a new radio tower could be built to a distance
of 14.5 to the north side property line. In 2001, the site received variances for the existing
building and for a proposed building addition.
ConseQuences of Rezonina
According to City Attorney, Allen Barnard, the previous variances granted would remain in
effect even though the property is rezoned to Commercial. To the property owner's benefit,
the setback requirements under the Commercial zoning district are not as restrictive as the
Radio and Television zoning district. However, there are no height restrictions for antenna
towers in the Radio and Television zoning district.
Under the new Telecommunication Ordinance, an antenna tower of up to 120 feet in height
could be built in the Commercial zoning district with a Conditional Use Permit (CUP).
According to our City Attorney, the applicant would only be required to obtain a CUP and
variances if they proposed to build a higher tower than is currently the case. To the property
owner's benefit, the Permitted and Conditional Uses within the Commercial zoning district are
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much more extensive than is the case in the Radio and Television zoning district (in fact,
there are no Conditional Uses in the Radio and Television).
Recommended Action
Staff recommends that 251 0 Mendelssohn Avenue North be rezoned from the Radio and
Television zoning district to the Commercial zoning district.
Attachments:
. Location map
· Portion of city zoning map relative to 2510 Mendelssohn Avenue North
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Subject Property:
2510 Mendelssohn Ave. N.
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing on Comprehensive Land Use Plan Map Amendment
for the Property Located at 917 Lilac Drive North - Industrial to Light
Industrial - City of Golden Valley, Applicant
Date: August 7, 2002
Background
Staff is requesting that the property located at 917 Lilac Drive North receive a
Comprehensive Land Use Plan Map Amendment from Industrial to Light Industrial. The
Light Industrial land use designation is compatible with other Light Industrial uses just west of
this property. This Comprehensive Land Use Plan Map Amendment is the second of two
applications for this property to be considered by the Planning Commission at the August 12th
meeting. The other application is to rezone this property from the Radio and Television
zoning district to Commercial. See the staff memo in your agenda packet for further
information about .this application.
Recommended Action
Staff recommends revising the Comprehensive Land Use Plan Map from Industrial to Light
Industrial for the property located at 917 Lilac Drive North.
Attachments:
Location Map
Existing Portion of Comprehensive Land Use Plan Map
)LSON MEMORIAL HWY
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Memorandum
Planning
763-593-8095/ 763-593-8109 (fax)
alley
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing for Zoning Code Amendment - Repeal Radio and
Television zoning district
Date: August 7,2002
Purpose
In recent Planning Commission discussions relating to the draft Telecommunications
Ordinance, staff has recommended repealing language from the City Code. referring to the
Radio and Television zoning district. This purpose of this zoning district was to provide
requirements for radio and television antenna towers and equipment. This purpose is now
fulfilled for radio and television antenna towers and equipment, as well as other types of
antennas, in the new Telecommunications ordinance. There are currently three properties in
the Radio and Television zoning district. Staff is proposing to rezone these three properties
and then delete the Radio and Television zoning district. See the attached memorandum for
detailed information about these property rezonings. These properties are as follows:
· 251 o Mendelssohn Avenue North - Staff is proposing that this property be rezoned
to Commercial.
· P.I.D. 19-029-24-13-0016 (no address assigned) - Staff is proposing that this
property be rezoned to Industrial.
· 917 North Lilac Drive - Staff is proposing that the underlying zoning for the western
portion of the site be changed to Light Industrial.
Staff suggests deleting all references to the Radio and Television zoning district in the City
Code. These references are as follows:
Deleted Lanauaae:
· Section 11.10. Subdivision 1. For the purpose ofthis Chapter, the City is divided
into the following Zoning Districts:
Open Development
Residential
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Two-Family R-2 Residential
Multiple Dwelling
Commercial
Light Industrial
Industrial
R3dio 3nd Television
Railroad
Business and Professional Office
Institutional
Terminal Warehouse
Setbacks in the Commercial zoning district: Section 11.30, Subd. 7 (8) (3):
3. In the case of premises adjoining a Commercial, Light Industrial, or Industrial, R3dio, or
Railro3d Zoning District, required side and rear yards shall not be less than 20 feet in depth
or width.
Setbacks in the Light Industrial zoning district: Section 11.35, Subd. 7 (C) (3):
3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, R3dio or
Railroad Zoning District, required side and rear yard setbacks shall be not less than 20 feet in
depth.
Setbacks in the Industrial zoning district: Section 11.36, Subd. 6 (C) (3):
3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, R3dio or
Railroad Zoning District, side and rear yard setbacks shall be not less than 20 feet in depth.
SECTION 11.10. RADIO AND TELEVISION ZONING DISTRICT.
Subdivision 1. Purpose. The purpose of the R3dio and Television Zoning District is to provide
3reas within which m3Y be erected 3nd operated antenn3 arrays, supporting towers or
structures therefor, r3dio 3nd television tr3nsmitting 3nd receiving equipment, 3nd buildings
3nd enclosures appurten3nt thereto. No usage unrel3ted to or inconsistent with the
establishment 3nd oper3tion of r3dio 3nd television st3tions shall be permitted in the.R3dio
3nd Television Zoning District.
Subdivision 2. District Est3blished. Properties shall be established within the R3dio and
Television Zoning District in the manner provided for in Section 11.90,. Subdivision 30f this
Ch3pter, 3nd \Nhen thus established shall be incorpor3ted in this Section 11.10, Subdivision 2
by an ordinance which m3kes cross rof-erence to thisSection11.40 3nd which shall bocome
a part hereof 3nd of Section 11.10, Subdivision 2 thereof, 3S fully as if set forth herein. In
addition the R3dio and Television Zoning Districts thus establishod, and/or any subsequent
changes to the S3me which sh311be made and established in 3 simil3r manner, shall be
reflected in the official zoning map of the City as provided in Section 11.11 of this Ch3pter.
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Subdivision 3. Uses Permitted. The following uses are permitted in the Radio Zoning District:
Radio and television transmitter stations and radio and television tm\lers.
Subdivision '1. P~rking Requirements. The following parking requirements shall be adhered to
in the Radio Zoning Districts:
A. For each manned radio or tele'v'ision transmitter and/or tmver there shall be provided at
least one parking stall for every t','v'O employees or fraction thereof.
B. For each unmanned radio or television transmitter and/or to'J.'er there shall be provided a
minimum of two parking stalls per installation.
C. Each off stroet parking stall sh::lII be at least 9 feet in 'Nidth and 20 feet depth with
sufficient area provided for maneuvering of vehicles.
Subdivision 5. Yard Requirements. Yard requirements within the Radio Zoning District shall
be tho same as provided for in Light Industrial Zoning Districts.
Section 11.90, Subdivision 3. Zoning Map Changes and Chapter Amendments.
No change shall be made in the boundary line of any zoning district, or in the permitted
and/or conditional use or . regulation for any zoning district, except after an official public
hearing and upon a majority affirmative vote of the Council. However, the adoption or
amendment of any portion of a zoning ordinance which changes all or part of the existing
classification of a zoning district from residential, two family residential, and multiple dwelling
sub-districts to either commercial, industrial, light industrial, radio and television, and
business and. professional offices requires a 2/3rds majority affirmative vote of all members of
the Council. Zoning boundary changes or Chapter amendments may be initiated by the
Council, or by petition of affected persons and property owners within the City. Upon receipt
of such a petition, the matter shall be referred to the Planning Commission for review and
recommendation. The Planning Commission shall conduct an informal public hearing within
sixty (60) days of receiving said petition, and after notifying all property owners within 500
feet of the boundaries of the property involved. Following receipt of the Planning
Commission's recommendation, the Council shall conduct an official public hearing within
sixty (60) days and make a decision thereon within ninety (90) days.
Recommended Action
Staff recommends that the City Code be amended to delete all references to the Radio and
Television zoning district.
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing forZoning Code Amendment - Repeal Open Development
zoning district
Date: August 7, 2002
Purpose
In recent Planning Commission discussions relating to the draft Telecommunications
Ordinance, staff has recommended repealing language from the City Code referring to the
Open Development zoning district. This zoning district was created at a time when the city
of Golden Valley was an undeveloped area, and the zoning district's purpose was to create a
"holding area" for properties until such a time when it could be determined what the property
could be developed into. Since Golden Valley is now a fully developed city, the Open
Development zoning district is obsolete. There are. currently no properties in this zoning
district. . Staff suggests deleting all references to the Qpen Development district in the City
Code. These references are as follows:
Deleted Lanauage:
· Section 11.10, Subdivision 1. For the purpose of this Chapter, the City is divided
into the following Zoning Districts:
Open Development
Residential
Two-Family R..2. Residential
Multiple. Dwelling
Commercial
Light Industrial
Industrial
R:Jdio :Jnd T olevision
Business and Professional Office
Institutional
Terminal Warehouse
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. . .20. OPEN DE'IELO .
S~bd,viSion 1, Opon De" PUENT ZONING DISTRICT
District sh8/1 be utilize .elopm~nt District Defined
~~~:i~!~~~~::!.~~~;~::~;:i~~~?~::~~~{~~J~;~~;~~~~~;~~:Jor
.e opment potent.ial J pon spoco os woll os I d areas may
. 8n areas th8t
Subdivision 2 Rezo .
zoning oftheG" nlng and Uses. The C '
Opon DO" . .Il}>, or any port of ft and ouncll sholl from timo to tim
estobliSI1~dl?pmont District os 0 p~rt of may at any timo ostablish 011 0 ro oxomino tho
providod, hd,~,~:'r;:.o~co with tho nood~n~~~~~ Zoning District n()wo~ro~rr~~~ of the
the ," · , 0 nothing h ' ' · pmont and " or
in o~~Z~~~rctO~~:;~:J~~~h or po~it,'~~~~~:hi:;~~ir.~tod f;~~~b~~~~ ~~~~n~~;
o roof, ' " or 0 tenng tho uso' , g
Subdi"ision:3 U s pomllttod
y. '. . sos PeFm"tt El
ses v/lthin the.Open De,,1 10 . Only the following uses
^ ' .0 opmont Zoning District. may bo allowed os Pormill()<J
, " ~nvotn or public 10 " ' . '
mOlntainod in 0 nds utllizod os ,either '
sanctuorio ,.. natural onvironmont sott' permonont or mmportlr\<
dovolopm:~t i~:;:o~~' and su.eh othor 10~J~:~: t~~~~.,inC!Udo bird:~n ":;io~~' and
S ,. ' ..ould bo domogod by tho
u~dlvlsion 1. CondT
Fe"le" 13 I lonal Uses +1=1 ~
lh~ ~. Y tho Planning Commis~i~ 0 allowing Gondmono! Us
ndoms and prooedu . n and approval by th G os '."oy bo allowed of!
ros sotforlh in this Gh "t ,0 ounoll In,ocG9rdon '" or
A. Rocreotionol ' op or, os ..,th
similar 0 td uso~, suoh os basob II '
u oar sporting octi"'!' 0.., soflbnll, football ' '
.1 IOS. ' soccer, hockey to .
B H " ' · nms ane'er
. . -ortlcultu",! (ond'er 0 _ ...,
greonhousos. ' grlcultural) private ( .
non commercial) nurseries 8nd
Subdi'.';sion 5. Yard R .
oqUlrements.
1\:. In tho case of buildin sa'
sldo and rear yor<l sotO:; bulllng a Rosidontiol or R · ,
loost 25 feot adjacoat kJ~~~ "hall not bo less than 50 ~:~"'d?nl!(ll Zoning District
malntainod as 0 buff.', property lino sholl bid In Width or dopthof "'h' '
er zono. 0 an scap.ed pl3 t d ' .. Ich at
, n e ,8nd
B. In the caso of buildin '
R 2 Residential sid . gs 8buttlng a Zonin€j Dist '
~~ :O:h,of4'j,;cb~~~~:~~~~~s shalf not' bo ~:::~~~ t~g1 R~idQntiol or
no,. and. maint8ined as a. b ':;'.' ;ldjOGOnt to tho proport 'r eot In wldt~
u er zone Y Ine shall be kmd
. . s03ped;--'----c~'~'-----
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Subdivision 6. Front Yards. No building in the Open Development Zoning District shall
be located less than 35 feotfrom the property line along an abutting public street. :\11
portions of a parcel of bnd abutting a public street shall be regarded as front yards.
Subdivision 7. Parking Requirements. 1\11 Permitted and Conditional Uscs allowed
'#ithin an Open Development Zoning District shall provide off streot parking facilities.
All parking stalls sh::lIl be at least 9 feet in width and 20 feet in depth.
Subdivision 8. Lot Coverage. No building or structure, or group thereof shall occupy
more than tv/enty five (25) percent of the total land area of any lot or parcel of bnd in
an Open Development Zoning District.
· Setbacks in the Multiple Dwelling zoning district: Section 11.25, Subd. 5 ( C ):
Relationship of Setback to Building Height. Along any side of an apartment building
across the street from or directly abutting a Residential Zoning District or Open
Development District, the minimum required building setback shall not be less than
one-half the height of the building as measured from the average level of that
particular side. Along any side of an apartment building across the street from Or
directly abutting any other zoning district, the minimum required building setback shall
not be less than twenty-five (25) feet.
· Setbacks in the Commercia.1 zoning district: Section 11.30, Subd. 7 (8) (1):
1. In the case of premises adjoining a Residential or R-2 Residential or Open
De'.'elopment Zoning District, side and rear yards shall be not less than 50 in depth
and width.
· Setbacks in the Business and ~rofessional Offices zoning district: Section
11.45, Subd. 5 (B) (1):
1. In the case of premises abutting a Residential or Open DevelopmentZoning
District, side and rear yards of such premises shall be not less than 50 feet in depth or
width, of which at least 25 feet adjacent to the lot line or property line shall be planted,
landscaped and maintained as a buffer zone.
Recommended Action
Staff recommends. that the City Code be amended to delete all references to the Open
Development zoning district.
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To: Golden Valley Planning Commission
From: Dan Olson, City Planner
Subject: Informal Public Hearing on Comprehensive Land Use Plan Map Amendment
for the Property Located at 2510 Mendelssohn Avenue North - Light
Industrial to Commercial - City of Golden Valley, Applicant
Date: August 7, 2002
Background
Staff is requesting that the property located at 2510 Mendelssohn Avenue North receive a
Comprehensive Land Use Plan Map Amendment from Light Industrial to Commercial. The
Commercial land use designation is compatible with other Commercial uses just north of
Mendelssohn Avenue North. This Comprehensive Land Use Plan Map Amendment is the
second of two. applications for this property to be considered by the Planning Commission at
the August 12th meeting. The other application is to rezone this property from the Radio and
Television zoning district to Commercial. See the staff memo in your agenda packet for
further information about this application.
Recommended Action
Staff recommends revising the Comprehensive Land Use Plan Map from Light Industrial to
Commercial for the property located at 2510 Mendelssohn Avenue North.
Attachments:
Location Map
Existing Portion of Comprehensive Land Use Plan Map
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Subject Property: .
2510 Mendelssohn Ave. N.
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Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
alley
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing to Rezone P.LD. 19-029-24-13-0016 from Radio and
Television zoning district to Industrial zoning district - City of Golden Valley, Applicant
Date: August 7, 2002
Backaround
Staff is proposing that the property at P.LD. 19-029-24-13-0016 be rezoned from the Radio
and Television zoning district to the Industrial zoning district. Many of the properties in that
area north of State Highway 55 are zoned Industrial so this rezoning would be compatible
with those properties. In addition, the Comprehensive Land Use Plan Map designation for
this property is Industrial. The property is owned by MinnComm and contains a 300-foot
antenna tower, as well as a small maintenance building. MinnComm has verbally consented
to this property rezoning. In 1981, the property was rezoned from Industrial to Radio and
Television so that the present tower and building could be built.
Consequences of Rezonina
The setback requirements under the Industrial zoning district will be the same as the Radio
and Television zoning district. However, there are no height restrictions for antenna towers
in the Radio and Television zoning district.
Under the new Telecommunication Ordinance, an antenna tower of up to 200 feet in height
could be built in the Industrial zoning district with a Conditional Use Permit (CUP).
According to our City Attorney, the applicant would only be required to obtain a CUP and
variances if they proposed to build a higher tower than is currently the case. To the property
owner's benefit, the Permitted and Conditional Uses within the Industrial zoning district are
much more extensive than is the casein the Radio and Television zoning district (in fact,
there are no Conditional Uses in the Radio and Television).
Recommended Action
Staff recommends that P;LD;19-029..24-13-0016 be rezoned from the Radio and Television
zoning district to the Industrial zoning district.
Attachment:
. Location map
· Portion of city zoning maprelative to P.LD. 19-029-24-13-0016
OLSON MEMORIAL HWY
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M.emorandum
Planning
763-593-8095/ 763-593-8109 (fax)
To:
Golden Valley Planning Commission
Dan Olson, City Planner
From:
Subject: Informal Public Hearing to change the underlying zoning for the western portion of
917 North Lilac Drive from Radio and Television zoning district to Light Industrial
zoning district - City of Golden Valley, Applicant
Date: August 7, 2002
Backaround
.
Staff is proposing that the underlying zoning for the western portion of the property at 917
North Lilac Drive be changed from the Radio and Television zoning district to the Light
Industrial zoning district. The property is currently zoned Planned Unit Development (P.U.D.)
No. 93, with the underlying zoning for the eastern portion of this property in the Business and
Professional Offices zoning district. All of the properties in the area west of this property are
zoned Light Industrial,. so this.. rezoning would be compatible with those properties. Along
with this rezoning, staff is also requested an amendment to the Comprehensive Land Use
Plan Map (see attached memorandum).
The western portion of P.U.D. No. 93 site is owned by KQRS, Inc. and contains three
antenna towers: two of the towers are 203 feet in height and the third is 262 feet in height.
KQRS has been informed of this proposed change to the underlying zoning, and- has
submitted the attached comments from their attorney. In 1948, the property was rezoned
from Open Development to the Radio zoning district (this later became the Radio and
Television zoning district). In 2001, the property was again rezoned - this time to P.U.D.
This rezoning was done so that the eastern portion of the property could be sold as a
separate lot and the existing buildings there used for offices, while the western portion of the
site remained under the ownership of KQRS for the existing antenna towers. At the time of
the rezoning to P.U.D., the underlying zoning for the eastern portion of the property was
changed to Business and Professional Offices and the underlying zoning for the western
portion of the site remained in the Radio and Television zoning district.
Consequences of Zoning Chanae
. According to City Attorney, Allen Barnard, the P.U.D. Permit granted would. remain in effect
even though the underlying zoning for the western portion property is changed to Light
Industrial. Since the property is a P.U.D., the property owner is allowed flexibility in building
setbacks and antenna tower height, among other requirements. The building setback
requirements under the Light Industrial zoning district are the same as those in the Radio and
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Television zoning district. However, there are. no height restrictions for antenna towers in the
Radio and Television zoning district.
Under the new Telecommunication Ordinance, an antenna tower of up to 200 feet in height
could be built in the Light Industrial zoning district with a Conditional Use Permit (CUP).
According to our City Attorney, the applicant would only be required to obtain an amended
P.U.D. if they proposed to build higher towers than is currently the case. To the property
owner's benefit, the Permitted and Conditional Uses within the Light Industrial zoning district
are much more extensive than is the case in the Radio and Television zoning district (in fact,
there are no Conditional Uses in the Radio and Television).
Recommended Action
Staff recommends that the underlying zoning for the western portion of P.U.D. No. 93 be
changed from the Radio and Television zoning district to the Light Industrial zoning district.
Attachment:
· Location map
· Portion of city zoning map relative to 917 North Lilac Drive
· Letter from Larry Martin and Neal Blanchett from Larkin, Hoffman, Daly and Lindgren
dated August 5,2002
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LSON MEMORIAL HWY
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ROBERT L HOff MAN
GERALD H. FAJEDtLL
EIWIIARn J_DRISCOLL
JOHN D. FUUMER
FRANK I. H.ARVEY
CHAJlCLES s,MOOeu.
ctlRISTOPHER J,DIETZEN
LINDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. OlEHL
JON S. SWlERZEWSKI
THOMAS J. FLYNN
JAMES p. aUINN
TODO I. FREEMAN
GERALD L, seCK
JOHN8.lUNOOUIST
DAYLE NOLAN'
JmlN ^. COrrEA.
PAUL 8. PllJNKETT
KATHLEEN M. PIOOTIE NEWMAN
GREGORY E. KORSTAD
~y.... VAN CLEVE.
T1MOTHYJ,Ke,ANE
UICHAU W. SCHlEY
TERRENCE E. alSHOP
GA.t1't..... HtNNEKE.
CHRlSTOPHERJ. HARRISTHAL
KENOEL J. OOlJlOOGE
BRUCE J. OOVGLAS
Wn.LIM4 C. GRIFFITH. 'JR.
JOHN R. HILL
~ETER J. COYLE
LARRY D. MARTIN
JANt: E. 8FcEMER
JOHN J. STEFFENHAGEN
MICHAEL J. SMITH
ANOREW F. PERRIN
FREDERICKW.NlEBUHR
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON. MINNESOTA 55431.1194
TELEPHONE (952) 635-3600
FAX (952) 896-3333
WILLIAM G. T....oRNTON
DOUGlJ\S .., RAM..ER
LYNN ... STARKOVICH
KENNE. 111 CORE Y~E:O:S 1 HOM
ANN". "EYER
STEPHEN J.KAMINSKI
THOWU-F. ALEXANDER
DANIEL T. I<ADLEC
ADAM 3. HUHT.....
JAMES ).t.SUSAO.
DANIEL J.6AlL.lNTlNE
JEFFREY 0. CAtftl.L
SEAND. KEl1.Y
JOSEPH J, F'-ITIANTe, JR.
THOMAS J. OPPOlD"
JONATHAN J. FOGEL
CYNTHIA M: KlAUS
MARl< D. CHRISTOPHERSON
NEAL J.BLANCHEIT
TAMARA O'NEIll. MORELANO
JAMES ". MCGREeVY. III
THOM.ll.S A. CUMP .
rODDA. 'TAYLOR
CHRiSTOPHER J. DEIKE
GENEVI~ A. BECK
MARLA M. lACK
DIONNe _'Of. G'''JSON
JEREMY C. STIER
JOANl C. MOBERG
CHRIS M.HEFFELBOWER.
MICHAEL E SSIEN
OF COUNSEL
JAMESP. LAAKIN.
JACK J:. OALV
O. KENNElHlINOGREN
. ALSO ADMiTTED IN WI5CON5IN
.. ONLYADMInEOINONA
August 5, 2002
Mr. Mark Grimes
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
eRe:
Proposed Rezoning ofKQRS Property: Our File 24,080-03
Dear Mark
We represent KQRS with regard to the proposed rezoning oftheirGolden Valley Property (the Property)
near Highway 100/North Lilac Drive. Thank you for meeting with us with regard to the proposed
regulatory changes on the Property. The City proposes to rezone the Property from Radio-Television to
Light Industrial, and to change the Comprehensive Plan designation from Industrial to Light Industrial. In
addition, the City is considering a new Telecommunications Ordinance, which would generally apply to
antennae. We write to set forth KQRS' position; please forward this letter to the Planning Commission
and City Council.
The Existing Planned Unit Development Approval
The Property's current zoning includes. PUD designation as PUD #93. The approved PUD governs future
use. of the Property, until the PUDitself is amended. Amending the PUD requires application by the
Property's owner; the City may not amend unless it has title to the Property. City Code S 11.55(K.)(1) and
(2). The PUD "establishes the permitted uses. . . [and] required improvements" for the Property.
Therefore, the PUD is the applicable City regulation with regard to use and improvements, and will
continue to be the applicable regulation until changed by the owner.
_Jl1(lppr()~jJ..1:g.Jhe..PQRJ_~~_Qi!Y-J~U!lg.JlJ,~!Jl1~ cUIT~!lt U[~ anQj_:mRntY~m~nt.s_kQnfQIDl_wjththe_health,~_
safety, morals and general welfare of the community and the general intent andpurposeofthe PUD
e section. It follows that future requests by KQRS satisfy these general welfare and purpose concerns to the
extent that they conform with the existing PUD, and that these concerns will not serve asa basis to delay
or deny requests from KQRS which conform to the POD.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
7800 Golden Valley Road
.. Golden Valley, MN 55427-4588
August 5, 2002
Page 2
Conforming Status
Since the PUD provides the applicable use and improvement restrictions, the existing uses and
improvements are conforming. No variances are required to maintain, repair, or rebuild the facility. If a
variance is requested in the future, the City would not be precluded from granting it by Minn. Stat.
S 462.357, subd. 6, prohibiting use variances. The existing landscaping is also conforming. It is natural,
and is not designed to artificially screen the antennae. The existing PUD creates conforming status for the
use and improvements notwithstanding the rezoning, or future City changes in ordinances regulating the
zoning district, telecommwllcations facilities, height limits, or Planned Unit Developments.
Future Changes
The proposed rezoning is not a response to Property changes. KQRS does not currently plan changes, but
technology and market forces may create a need for changes in the future. We understand from
consultation with City staff that the City intends the rezoning to eliminate the little-used RTV zoning
designation, rather than to phase out the existing uses or to designate tha.t properties zonedRTV are more
appropriate for other uses. Tn fact, the Property is currently low ground, and does nothave public road
frontage (access is provided by easement). Unlike other Light Industrial uses, KQRS' use for antennae
. therefore allows the Property to be used productively while also preserving the natural environment.
Future changes are approved by amending the PUD. We understand that other facilities in the City
exceed KQRS' antennae height, i.e. the Hennepin County Public Safety tower (400 feet) and the
MinnCom paging facility (300 feet). These approvals indicate that the City does notregard these heights
as per se incompatible with public health, safety, or welfare. While it is not possible to predict changes
technology and the broadcasting business may require in the future, KQRSmust be allowed the flexibility
to maintain the Property's competitive broadcasting function by making changes when necessary. The
proposed Light lndustrial.wstrict regulations, which would currently aHow additional antennae up to 200
feet, may also be used to review any changes.
Conclusion
The request to rezone and change the Comprehensive Plan is not driven by any change to the Property.
KQRS prefers the existing RTV district, but recognizes the City's power to create and control its zoning
districts. City representatives have indicated that the rezoning is not intended to curtail existing rights. ..
Therefore, KQRS wishes to state and preserve its rights to continued use of its Property in conformance
with its existing approvals, which are unaffected by the rezoning. In addition, KQRS wishes to preserve
the Property's broadcasting function for the future. In planning for the future, KQRS believes, and asks
that the City continue to recognize, that the use is appropriate and that Golden Valley's location, terrain.
and history make it a desirable location for broadcasting. KQRS intends to continue to work
cooperatively with the City to ensure continued productive use of the Property under regulations which
-allow it to reIllainavaluableassetfoiKQRS'-broa4castingpurp()ses~"'='---"-----''':''---c--'---.-~c________ -- - .____m_____
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
7800 Golden Valley RQad
. Golden Valley, MN 55427-4588
August 5, 2002
Page 3
-
Neal J. Blanchett, for
LARKIN, HOFFMAN,DAL Y & LINDGREN, Ltd.
cc: Amy Waggoner
Dave Szaflarski
Tanya Menton
Robin Gohlke
Gary A. Renneke
786085.1
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<c
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Memorandum
Planning
763..593..8095/763-593-8109 (fax)
J
alley
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject: Informal Public Hearing for Zoning Code Amendment - Telecommunication
Ordinance
Date: August 7, 2002
Purpose
At the April 22 and May 13, 2002, Planning Commission meetings, the Commission reviewed
a draft telecommunications ordinance. Attached are minutes relating to the discussion of that
draft ordinance. The following are the issues, as determined by the staff and Planning
Commission, to resolve before a recommendation can be made to the City Council:
1. Delete Open Development zon'ing district (see attached memorandum)
2. Delete Radio ahdTelevision zoning district (see attached memorandum)
3. Setbacks from residential properties - Commission member Groger has indicated
he would like to see greater setbacks from residential areas. The following are the
setbacks for antenna monopoles for each zoning district from residential areas:
· Residential and Two-Family zoning district - only 45-foot amateur radio
antennas are allowed.
· Multiple Dwelling zoning district - 50 feet from a residential property.
· Commercial zoning district - 50 feet from any single or two-family zoning
district; 30 feet from any multiple dwelling zoning district.
· Business and Professional Offices zoning district - 50 feet from any single or
two-family zoning district; 30 feet from any multiple dwelling zoning district.
HH ...."..._HU_
I nstitutionalzoningd istriGt~50"feet.from-anyresidential property;---......-H''H----''H-..--C-H-H--HH-..
· Light Industrial and Industrial zoning districts - If the premises face across a
street a property zoned Residential or Two'-Family, the setback is 75 feet. If the
premises adjoin a property zoned Residential or Two-Family, the setback is 100
feet, and 50 feet from any property adjoining a multiple dwelling zoning district.
.
.
Because of information received from radio frequency engineers relating to the
possibility of monopoles collapsing, staff believes these setback requirements are
sufficient. Also, since all monopoles will require a Conditional Use Permit (CUP),
staff believes that any negative impacts on residential areas could be mitigated
through that process. However, if Planning Commission members would like to
increase these setback requirements, they may do so.
4.
Allowing only rooftop antennas in multiple dwelling zoning districts - Commission
Chair Pentel had indicated that she would like to see only rooftop antennas, not
monopoles, in this zoning district. Staff's experience thus far is that
telecommunication providers have only requested rooftop antennas in this zoning
district. If the Commission members would like to only allow 10-foot rooftop
antennas on properties in the Multiple Dwelling zoning district, staff could support
that. This would mean deleting the followiAg language in Subdivision 5 (B) (1):
"Telecommunications towers may be permitted through a conditional use permit
provided the height does notexceed 75 feet and subject to all other requirements
of this section and Section 11.80 of this Code".
Recommended Action
Staff requests that a Draft Telecommunication ordinance be forwarded onto the City Council
for their approval.
Attachments:
· Minutes from April 22 and May 13, 2002 Planning Commission meetings
· Draft Telecommunication Ordinance
.
2
Minutes of the Golden Valley Planning Commission
Apri.122,2002
Page 7
. ' i Erickson, 820 Rhode Island Avenue South, stated'that she works two doors down
at A oint, which does the exact same business, She stated that it would be exce
to have rrie's Mazda at this location and that Morrie's is a great dealer.
have to be tabled because the applicant I
Hearing and s 'g noone, Pentel closed the public hearing and stated th he would
re-open it when tti '. '. plicant is present. She stated that she would Iik table this item
to have a chance to t ~!o the applicant.
Groger stated that it seeme 9d that they are only estimatin
because that would equal only er day.
John Liss, National Camera, owner of t and t Morrie's is proposing to use, stated
that he didn't understand why the aR ants weren t the meeting because they
seemed to be in a hurry to get thi roject started and have a date s~t for closing on
the property.
.
MOVED by Hoffman, onded by Groger and motion carried un imously to table the
request by Morrie's a conditional use permit which would allow ~ n automobile
dealership on pc erty in the Commercial zoning district until the May 002 Planning
Commission eting.
ked Staff to mail hearing notices again to prop~rties located within 500
-- Short Recess --
IV. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Hoffman discussed the City Council meeting he attended on April 16, 2002 where the
Conditional Use Permit for International Healthcare Services was tabled until the May 7,
2002 Council meeting.
V. Other Business
A. Discussion of Draft Telecommunications Ordinance
Olson referred to the draft Telecommunications Ordinance that the Commissioners
received with their agenda packets and stated that he wouJd like to discuss this draft with
......~the. eom missioners;~''':'''':'''~'':'_'':'''':'''':''':'_'':''':'_'''_'_''':'''':''':'_-_'':'''':'_'':'------=~-~''''''''''''''''':'''':''':''':''':''':'_............-.._-...........----.....:.......- _......~.__._._~_._.._.__.-.-_._-~~
.
Minutes of the Golden Valley Planning Commission
April 22, 2002
Page 8
.
Groger asked about the timetablefor finalizing this ordinance. Olson stated there isn't a
deadline set but. that he has gotten responses back from some of the providers he sent
the copies of the draft to.
Eck referred to page 6, line 32 of the draft ordinance and stated that he thought the
sentence should read as follows: No telecommunications tower shall be located in the
required minimum front, side, or rear yard (setbacks) of any parcel. Grimes agreed the
word "setback" should be added to that sentence and stated that would make sure it is
changed. Eck stated that he didn't understand why the information about satellite dishes
is repeated in each zoning district. Grimes stated that Staff would be going over this
draft of the ordinance with the City Attorney and would try to make the information more
clear.
Shaffer referred to page 9, line 26 and stated that it doesn't mention anything about the
landscaping and maintaining the landscaped areas.
Groger stated that he would like to see something in the ordinance that requires
telecommunications towers to be a minimum distance from single-family residential
areas. Olson stated that telecommunications towers would have to follow the same
setback requirements that buildings do.
.
Grimes stated thathe would ask Sue Webber from the Sun Post newspaper to do an
article regarding the telecommunication ordinance.
Discussion of May27, 2002 Planning Commission Meeting
The Planning Commission
Memorial Day.
meeting because of
VI.
..
Minutes of the Golden Valley Planning Commission
May 13, 2002
Page 10
.
n' borhood is a desirable thing and that the City clearly wouldn't want to put an office
there. e stated he could see where this amendment might work, but it is not
appropri for this particular site.
Eck stated that e is clearly a traffic issue and he is bothered by the f
study didn't include ffic count of their current District Offices.
McAleese stated that he higdoubts that he would vote ~ conditional use permit
for this proposal. He stated tha~~ a fundamental ch from something that isa
school to something that is a commEr 'al use. He ed that he agreed that if it were a
different business proposing to use this' it an't be considered.
Shaffer asked the Commissioners if a the~' that a new traffic study should be
done. Pentel stated that the real i e is not traffic;' 's about the change in use.
Grimes stated that Glen V ormer is one of the most ex 'enced traffic engineers in
the _metro area and th IS figures are accurate to within 5 to
that he thinks Gle derestimates the number of cars turning left.
entel, seconded by McAleese and motion carried unanimous deny the
appli s request to add "School District Offices" as a Conditional Use to the . y's
utional (1-1) Zoning districts.
.
IV. Informal Public Hearing - Zoning Code Text Amendment
Applicant: City of Golden Valley
Purpose: The City would like to revise the telecommunication requirements of the
Zoning Code
Olson stated that Staff and various Commissions have been working on this Zoning
Code text amendment since last summer and that it has gone through several drafts
and changes. He discussed the changes that the Planning Commissioners suggested
at their May 13, 2002 meeting and showed them how he incorporated them into this
draft. He stated thatan exception was added to the residential section to allow
temporary towers to be put up in emergency situations. He stated he spoke with public
works director, Jeannine Clancy about replacing light poles with 60-foot poles so
antennas could be put on them. She didn't think that would be a good idea and they
have talked about deleting all references to light poles.
Pentel asked if the Planning Commission is suppose to make a recommendation based
on this draft because it doesn't seem to be ready to move onto the Council in the format
--~c~--it-is-inwith- consult-ant .-notes,-citalics,-etc.=Glson- statedthatta kingoutthe-consu Itant~-----~----____------
. notes, italics, etc. is part of the process.
Minutes of the Golden Valley Planning Commission
May 13, 2002
Page 11
. Eck asked what it is that the Planning Commission is recommending if parts are going
to be taken out or added. Olson stated that those are things the Planning Commission
has to consider. Grimes stated that this is essentially the same documentthat was
brought to the Planning Commission in May. Pentel stated she would like to continue
this public hearing and not make any recommendation until they have a more final draft
to look at.
Pentel stated she is still concerned with page 3, sections C and D where it allows
towers in Multiple Dwelling Zoning Districts. She stated she is concerned that if
someone were to request a conditional use permit for a tower that it would be difficult
the way it is currently written to say no~ She asked why the draft ordinance doesn't say
anything about arterials and why a list of the City's parks was attached. Olson stated
that the parks listed on the attachment are neighborhood parks and that towers would
not be allowed there.
Groger stated he doesn't want to see towers next to residential areas. He stated he.
would vote against this draft and would like to have more discussion about the
telecommunications ordinance.
.
Grimes asked Groger if he is suggesting towers should have a greater setback
requirement. Shaffer suggested that maybe the setback requirement could be double
the height of the tower or maybe that towers would only be allowed on arterials. Groger
stated he is concerned about telecommunications towers being that close to residential
areas.
Pentel stated that part of theprobleni is that there is an incentive for the host. Grimes
reminded the Commissioners that there are federal laws to make sure cities provide
coverage.
Eck stated that he doesn't understand the big deal about aesthetics when no one gives
a second thought to the ugly power line poles that have wires going everywhere. Pentel
stated that there are concerns about the safety of telecommunication towers. Grimes
stated that the federal government has said that cities can't look at that issue and that
most of the antennas and/or towers are going to be on the roofs or sides of buildings.
Eck aske.d if the only change made to this draft ordinance was that telecommunication
towers could be added in emergency situations. Olson stated he would remove all of
the consultant notes, questions and comments. Grimes stated that Groger's and
Pente/'s concerns about towers near residential areas would also be added to the next
draft.
Pentel opened the public hearing. Seeing and hearing no one she closed the public
------=hearjFlg-;~~-~----'''---''---.-"''-.c''-'-.--~.~--.--- ------ ----- ~- - - -- - - --- ----- - ~ -
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It was the consensus of the Planning Commission to table the discussion of the
telecommunications draft ordinance until their next meeting on June 10, 2002.
-- Short Recess --
V.
s on Meetings of the Housing and Redevelopment Authority, Cit
Councl , ard of Zoning Appeals ,and other Meetings
VI.
~,-
Other Business ~_.,,-.,
,~,-
A. Open Space and Recreation Commission "Rftr.
24,2002
Olson told the Planning Commission that they)Were invited by the Open ~nd
Recreation Commission to join them on a tpffr of Golden Valley parks on June~
2002. He stated that there is a Planni~~ommission meeting on June 24 and that if
there weren't any agenda items.tthh~e mmission could decide to cancel that meeting
and go on the park tour. ./
The meeting wa
VII. Adjournment
- ~~--~---~---~~-
---~--""-'-"-'"~'-'-~----'.,.----~~-------~----------,----------~ --~-
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The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations ("Zoning") is
amended by adding Section 11.71 as follows.
SECTION 11.71. 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 of telecommunications 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 demonstration 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.
B. "Monopole" means a free standing, self-supporting
telecommunications tower which uses a single pole, 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, placed
outdoors on the ground or on a building or structure, and used to transmit and/or
receive radio or electromagnetic waves.
D. "Telecommunication facility" means cables, wires, lines,
wave guides, switch stations, 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.
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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 on the tower whichever is 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. 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:
A. 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 over 35 feet in height. 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 can more likely accommodate
facilities without obstructing views or being obtrusive to views shall be given preference
over shorter buildings~
B. less restrictive (heavier) zoning district shalf be given
preference over more restrictive zoning districts.
c. Sites with the least impact on residential areas.
D. In all cases, except for non-conforming existing towers,
the location must meet the zoning requirements.
E. Amateur radio towers in the Residential Zoning District
and Two-Family (R-2) Residential Zoning Districts are not requiredtoco-Iocate.
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. Residential Zoning District and Two-Family (R-2)
___c_~c_~~__R~~!<:!~nti~L~QIJL'lg_Pi~!rLc:t._____~_________ __ _ _ __________~_ __ __ _
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1. Telecommunications towers. Telecommunications
towers are prohibited, except an amateur radio tower nottoexceed 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.
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. 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, except that short-term temporary mobile towers may be allowed by
administrative permit in emergency situations. .
B. Multiple Dwelling District
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 10 feet in length or less are
allowed as a secondary use when located on an exi$ting structure.
3. Satellite dishes less than 1 meterin 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.
and excluding 1-5.
C. Institutional Zoning District. Including 1-1, 1-2, 1-3 and 1-4,
1. Telecommunications Towers.
...._I~IE3cOIllrl'lLJrliGati()ns towers rnClY be permitted thrOLJghp c2.'ldj!LOJl91\.l~~-'?~Eflli!
---~--~------~'-_.-"---'---~"--'--'-'-----......---,---_.__.._-~..._--------"~..........,--~._------,---_._--_._.,._._~-,_._._~-~-~-----,--~.----,-._---- --
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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 1 Q 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 are allowed asa secondary use. If located on the
ground, the height must not exceed 10 feet.
5. Temporary Towers. Temporary mobiletowers
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.
.
D. Business and Professional Office Zoning District
1. Telecommunication Towers. Telecommunications
towers maybe permitted through a conditional use permit provided the height does not
exceed 120 feet high and subject to all other requirements of this 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.
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.
5. Temporary Towers. Temporary rnobile 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 than12Q feet.
E. Commercial Zoning District
1. Telecommunication Towers. Telecommunications
. ___...-c":..,,.:c._::_J2:~~r?-.mg)'t:>~_Eerll}i1t~2ctQ[<:>H9t.L9_.E8Ds1i!i8Di:l1_l,J_~~J)_~!fl1itprqvjded. th~~b~i.gbtgQ~_~J1QL_-c.__________-'-'-
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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.
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.
F. Light 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 ofthis 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 maybe
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.
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.
G. Industrial Zoning District
1. Telecommunication Towers. Telecommunications
,_.___.,cc-",,!9~~~ccm9},Q~-,perl"!llt!~<:UD r9!!g~I'1.~c;:Qndl!iQ_n_Clll!~~j>j:}rmlt~rQvi(:t~tq . the. hejght dQe_~ not-,-,__=.-,_~.
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exceed 200 feet and subject to all other requirements of this of this section and Section
11.80 of this Code.
2. Antennas. Antennas 18feet in length orless 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.
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.
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.
3. the applicant, the telecommunications tower
owner, the landowner, 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 Telecornmunications Act of
1996 and the rules of the Federal Communications Commission.
------I5:-Setbacks~-----
6
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1. No telecommunication tower shall be located in the
required minimum front, side, or rear yard building setback of any parcel.
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. TeJecommunications 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 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
telecommunications towers.
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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 thetype 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 are governed 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.
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:
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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
Mn/DOT'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 not in the Residential Zoning District, the Two-Family
(R-2) Residential Zoning District nor the neighborhood parks.
5. Allowing public lahd 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. Non-conforming Facilities. Legal non-conforming
towers may be structurally altered to carry additional antenna arrays provided:
C. The proposed change and plan include meetingcfesign
standards of the ordinance to the extent reasonably possible.
D. 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.
Telecommunication towers and antennas 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.
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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 thafare 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.
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.discbntinued.
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. Failure to 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. City Code, Chapter 11 entitled "Definitions, Essential Services" is amended in
Section 11.03, Subd. 35 to read as follows.
35. "Essential Services" - Structures or facilities owned by a
government entity, a nonprofit organization, a corporation, or any other entity defined as
a public utilitYi and used in connection with the collection, delivery,generation,
production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or
water. 1\lso, ::mtenn3s and supporting structures for the tr3nsmission of collul3r
telephone, r3dio, or telovisionsignalsto tho genor31 pl:Jblic:Essential ~servicesshall~be~
broken down into classes as follows:
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Class 1- 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" - Public utility facilities completely enclosed within buildings
not to exceed 12 feet in height or 600 square feet in gross floor area; or cellul3r
telephone, radio, or television signal transmission towers not to exceed 120 feet in
height as measured from the ground level to the highest point of the structures
(including antenn3), and including necessary equipment completely enclosed \vitJ:l.i.A
buildings not to exceed 12 feet in height or 600 square feet in gross floor area.
Class 11I- Peaking stations; substations; switching stations; cellular
telophone,commercbl r3dio, or television signal tr:msmission tDwers not to exceed 300
feet in height, and related equipment;, and associated office or technical facilities for ahy
of the preceding.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Il1cludinq Penalty for Violation" and Section 11.99 entitled"
Violation aMisdemeanor" are hereby adopted in their entirety. by reference. asthouqh
repeated verbatim herein.
Section 4. This ordinance shall take effect after its passage and publication. This
ordinance is adopted by the City Council this ~th day of _,2002.
ATTEST:
Linda R. Loomis, Mayor
Donald G. Taylor, City Clerk
Published in the New Hope-Golden Valley Sun Post on
,2002
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Hey
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Discussion of Revisions to Section 4.20 (Sign Permits and Regulations)
and Section 6.42 of the City Code
Date:
August 7,2002
Background
Recently, the Inspections Department submitted a draft Sign Code for review at the
Council/Manager meeting. That group gave a preliminary review of the draft Sign Code at
their meeting, and requested that the Planning Commission review the Code to see if they
would make any changes. The City Council will set a public hearing date for the Code at
their meeting on August 20, 2002. A tentative date for this public hearing would be
September 3, 2002.
Recommended Action
Staff requests that the Planning Commission review the draft Sign Code. If the Planning
Commission would like to recommend any revisions to the draft, they may do so.
Attachments:
. Draft Sign Code (Section 4.20 of the City Code)
. Proposed revisions to Section 6.42 of the City Code
. Key:
. Underlined wording - new language
. Strikethrough wording - current language to be deleted language
SECTION 4.20. SIGN PERMITS AND REGULATIONS.
Subdivision 1. Purpose. The purpose of this section is to establish minimum siqn
requirements to protect and promote the Qeneral welfare. health. safety. order and
aesthetics within the City; to permit adequate sians for effective communication: to
limit siqns to identify uses and businesses where they are located and to do so in an
efficient. effective and aesthetic manner while maintaininq an attractive and
appealinq appearance alonq streets. hiqhways. private and public property. and the
air space above and between developments; and to recoqnize the need to maintain
an attractive and appealinq appearance of property and prevent visual clutter. while
at the same time assurinq that the public is not endanqered. annoyed or distracted.
Subdivision 4- 2. Definitions. For the purposes of this Section, certain words and
terms are defined as follows:
1. "Address Siqn" - A siqn consistinq of identification numbers
. only. either in written or numerical form
2. "Bench Siqn" - A siqn located on the front surface ofthe back
rest of a bench located on the street or the immediate adiacent property and desiqned
for seatinq while waitinq at a bus stop or in a public plaza space.
~ 3. "Business or Identification Sign" - A sign which directs
attention to a business, profession, commodity, service, activity or entertainment
which is conducted, sold or offered upon the premises where such sign is located.
4. "Construction Siqn" - A proiect siqn placed at a construction
site identifvinq the proiect or the name of the architect. enqineer. contractor. financier
or other involved parties.
2. "Directional Sign" /\ sign for the purpose of m3king specifiC
locations knO'w\'n 3nd to 3ssist in finding these locations; for example: "Parking",
"Shipping/Recoiving Ars3", "Church Locations".
a 5."Electronic Sign" - An illuminated sign on which such
illumination is not kept stationary or constant in intensity and color at all times when
such sign is in use.
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6. "Flashina Sian" - Any illuminated sian or non-illuminated sian.
emittina an intermittent or f1ashina liaht or creatina the illusion of intermittent or
f1ashina liaht by means of animation or other methods.
7. "Free Standina Sian" - A sian placed in the around and not
affixed to any part of any buildina. Pylon sians and Monuments sians are examples of
freestandina sians.
8. "Garaae Sale Sian" - A sian identitvina a sale of household
items.
-4 9. "Illuminated Sign" - A sign which has characters,letters,
figures, designs or outlines illuminated by electric lights or luminous tubes as a part of
the sign.
10. "Menu Sian" - An exterior freestandina sian advertisina
products or services of a business with a drive-throuah facility.
11. "Monument Sian" - A freestandina sian less than 12 feet in
heiaht not supported by poles or posts which is architecturally desianed and located
directly on arade with the base beina 70 percent or more of the qreatest width of the
siqn and with the base inteqrated with the sian.
&: 12. Name Plate Sign" - A sign which states the name or
address or both of the business or occupant of the lot where the sign is
placed.
13. "Neiqhborhood Identification Sian" - A monument siqn
identifyinq a neiqhborhood.or area.
14. "Non-conforminq Siqn" - A sign lawfully existinq at the
adoption of this Ordinance but does not conform to its requirements.
15. "Portable Sian" - A siqn not attached permanently to the
qround and desianed so as to be movable from one location to another.
16. "Private Directional Sian" - A non-advertisinq sian erected on
private property by the owner of the property for purposes of quidina vehicular and
pedestrian traffic.
17. "Public Sian" - Any sian defined as a traffic control siqn in the
Hiahway Traffic Reaulation Act. any identification sian installed in a public park by a
public authority or any identification. reaulatorv. warninq or other sian approved by the
City for installation on public land.
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&:.-18."Pylon Sign" - A free standing structure which is in excess of
twelve (12) feet in height with a sign mounted thereon.
19. "Real Estate Siqn" - A siqn which advertises the development. sale,
lease or rental of land or buildinqs.
20. "Search Liqht Siqn" - A temporary siqn drawinq attention to an
event, activity, or site by concentratinq or focusinq liqht rays or beacons to create a
briqhtly focused liqht that may rotate, flash, remain steady or some combination of
these.
-+- 21. "Shopping Centers" - Any contiguous group of six or more
retail stores or service establishments comprising 10,000 or more square feet of
floor area which provides off-street parking utilized in common by patrons.
3:- 22. "Sign" - A name, identification, description, display, or
illustration, which is affixed to or represented directly on a building structure, or a
tract of land and which directs attention to an object, product, place, activity, person,
institution, organization, or business located on the same premises. It does not
include any official court or other public notices or directional signs placed by an
authorized government agency, nor does it include the flag, emblem, or insignia of a
nation, political unit, school or religious or service or fraternal group.
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continuous perimeter enclosing the extreme limits of actual sign surface. It does not
include any structural elements outside the limits of such sign and not forming an
integral part of the display. Only one side of a double-faced or V-type (135 degree
maximum) structure or pylon sign shall be used in computing total surface area. !f
individual letters are mounted directly on a wall or canopy without a frame, the sian
area shall be the area in square feet of the smallest rectanqles enclosinq the siqn.
24. "Temporary Siqn" - A siqn desiQned to be displayed for a limited
period oftime that is not permanently fixed to the land or a structure.
25. 'Wall Siqn" - A sian attached to or erected aqainst an exterior wall
surface of a buildinq or structure.
26. 'Window Siqn" - A siqn placed, mounted or hanqinq on the outside
or inside surface of a window or any siqn placed within a buildinq for the purpose of
beinq visible from the public riqht-of-way.
Subdivision 3. . Exempt Siems. The followina siqns are exempt from the provisions
of this section as conditioned or provided below.
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A. Bench sions: If located on a bench licensed by the City and
as defined and allowed by City Code Section 6.42.
B. Menu sions.
C. Private Directional sions.
D. Public sions.
E. Sions on licensed vehicles moved daily.
Subdivision 4. Prohibited Uses. The followino uses are prohibited.
Subd. 6 B. Temporary portable lighted, unlighted or lighted
flashing signs aro not permitted. A. Flashino sions and Portable sions.
Subd. 3 B. Eloctronic signs must be non port3ble \vith
mess3ges th3t ch3nge 3t not less th3n 1.5 second intervals by electronic proooss or
remote control. Messago oontont must inoludo public sorvice information and
advertising for 3ctivities conducted on the same proporty, at a r3tio of 3t least one
minuto of public service notices to fivo minutes of advertisemonts. B. Electronic
sions, except those displayino public service information such as time and
temperature.
Subdivision 5. Cle3rances and Heights. C. Sions placed on
rooftops. The top of the sign shall not extend above the roof, or parapet wall level,
whichever is hioher.
D. Sions or parts of sions that rotate, move. flutter or which oive
the appearance of such action.
E. Sions or murals painted directly on a buildino.
F. Sions painted or mounted on trees. utility poles. etc.
G. Sions installed in a way that obstructs clear vision of
persons usino the streets or at any location that. because of its position. shape. or
color. interferes with. obstructs the view of, or may be confused with. any authorized
traffic sion. sional. or device. Subdivision 7. Additional Regulations. It is unlawful for
any person: /\. To erect or maintain any sign cont3ining words Or symbols which
Vlould causo 3 traffic hazard, examples of ':.'hich are "stop", "look" and "danger". No
sion other than Public or Construction sions. shall be visible from a public street
which makes use of the words "STOP". "LOOK", "DANGER". or any other word.
phrase. symbol or character which may interfere with. mislead. or confuse persons
usino the public streets.
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Subd. 7 C. To erect or maintain H. aAny sign upon which is stated or
depicted any immoral, offensive, indecent, lascivious, or obscene words, conduct, or
other matter.
Subdivision ~. 5. Permit Required Exceptions.
1\. Permits Required. Except as specified in Paragraph B of this Subdivision, litis
unlawful for any person to erect, construct, repair, resurface, alter or maintain a sign
or search light for ad'.'ertising purposes without first obtaining the applicable permit~
except for the followino sions:
B. Exempted Signs. A permit is not required for the following:
1. A nameplate not exceeding one (1) square foot in area, and
containing only the name of the resident, or title of person
practicino a profession, or name of building agent in the Gf**l
Development, Residential, Residential R-2 and Multiple
Dwelling Zoning District.
2. Real Estates S~igns pertaining to the lease or sale of real
. estate containino 6 or less square feet.
3. Construction Ssigns of six square feet or less advertising the
development or improvement of a property by builder, owner, contractor or other
persons furnishing service, materials or labor, provided such sion is removed when
the work is completed or upon issuance of a certificate of occupancy or completion,
whichever occurs first.
4. Garaoe sale sions.
Subdivision 40 6. Administration. The Chief or Fire and Inspections or
authorized representatives as appointed or directed The Buildino Official or his or
her desionee shall administer this Section of the City Code.
Subdivision 9 7. Fees. Sign permit fees shall be set by the City Council, adopted
by resolution, and amended from time-to-time.
Subdivision 3... 8. General Sign-Regulations.
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Subd. '1 A. Size restrictions for business or identification signs
shall apply to the total surface area of signs ona property including all signs applied
to the building, monumental signs, free standing signs and pylon signs.-A:.
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Calculation of Sian Area. All sians are included in the calculation of sian area.
except for the followina: Address Sians. Construction Sians. Menu Sians not visible
from a riaht of way. Neiahborhood Identification Sians. Private Directional Sians.
Real Estate Sians. and Temporary Sians.
Subdivision 5 A. B. Free Standing Signs. No . minimum clearance from grade
shall be required unless there is a possibility of pedestrian or '/ehicular traffic
passing under such signs, in 'A'hich case not less than eight (8) roet of cloarance
from basic grade to the 100'.~est element of tho sign shall be required. If there is
pedestrian or vehicular traffic that passes under a free standina sian. eight (8) feet of
clearance from basic arade to the lowest element of the sian shall be required... At
the discretion of the Buildina Official or his or her desianee. a property survey and an
enaineered plan for foundations and/or soil tests may be required for freestandina
sians.
C. Illumination. Direct rays or alare of liaht from an illuminated
sian shall not be visible from public riahts-of-wav or property other than that on
which the illuminated sian is located. Anv external source of illumination must be
provided with shields or lenses that concentrate the liaht onto the sian.
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D. Menu Sians. If the name of the business or business loao is
included in a menu sian. the sian area of such name or loao shall be counted as si~n
area for determinina maximum sian area allowed.
E. Sian Quality. All sians shall incorporate materials and colors
which are compatible with the buildina upon which the sian is located. Compatible
shall include. but is not limited to. materials that are consistent with the principal
architectural features and colors of the buildina(s) beina identified. All sians shall be
of aood Quality. and shall be desianed to include attractive and tasteful colors and
desian elements. The lavout of the sian shall aive the sian a neat and orderlv
appearance. At the discretion of the Buildina Official or his or her desianee. the
sian permit may be reviewed bv the Buildina Board of Review.
~ F. Sign Setbacks. No sign shall oncroach upon adjoining
premises Signs other than residential nameplates and subdi'lisionneighborhood
identification signs must be entirelv located at least ten (10) feet from tho streot all
property line~ and ten (10) feet from any driveway ef..on the premises on which the
sign is erected and maintained. The following additional setbacks are required
'::hore appropriato:
1. Signs must be outside the corner visibility zone ~Nhere
two streets or a street and a drive'Nay intersect, except pylon signs or directional
signs under three (3) feet high., as per the corner visibilitv requirements in Chapter?
of the City Code.
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2. Shopping center pylon signs shall have a minimum
setback of thirty-five (35) feet from a street property line.
G. Streets and Easements. No siqn other than public siqns
shall be erected or placed upon any public street. riqht-of-wav. public easement.
public land or proiect over public property or public easements.
H. Wall Siqns. The followinq requirements are applicable for all
wall siqns:
~ 1. Spacinq - Signs applied to a building shall be
placed as to allow a space between the end of the sign and the edge of the building
or individual occupancy equal to ten (10) percent of the linear frontage of the
building or individual occupancy.
9-: 2. Siqn Proiection - No sign may project out more
than eighteen (18) inches from the face of the building to which it is attached.
I. Window Siqns - Window siqns mounted or hanqinQ on a
window surface must meet the followinq requirements:
1. No window siqn shall OCCUpy more than 50 percent of
the surface area of a window.
2. If the name of the business or businessloqo where
the.siqn is located is included in a window siqn. the siqn area of such name or loqo
shall be counted as siqn area for determininq maximum siQn area allowed.
Subdh:ision 4. Size of Signs. Subdivision 9. Regulation by Zoning District.
A. General- Siqns not specificallv permitted in the zoninq districts are prohibited.
B. Residential Zonina District - No freestandinQ siqn in the Residential district
shall exceed six feet in heiqht. The followinq siQns are permitted within the
Residential ZoninQ district:
1. T emporarv siqns.
a. Real estate siqn. Not to exceed 6 square feet
per street frontaqe. nor 50 square feet if more than 6 lots or more than 2 acres.
Subd -1 E. Signs pertaining to the le3se or sale of real est3te shall not exceed six (6)
square feet in the Residential zoning district. Subd. -1 D. A non illuminated land
s31es sign not exceeding fifty (50) square feet in area, or two such signs 'Nhich in
combination do not exceed fifty (50) square feet in are3S sh311 be permitted on the
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sito to bo sold or dovoloped in ordor to advertise the sale or developmont of property
comprised of not loss th3n sovon (7) lots or two 3cres of land in 3ny zoning district.
b. Construction siqn. Subd. -1 F. Signs
3dvertising the development or impro'Jement of a property by builder, O'Nner,
contractor or other persons furnishing service, materi31s or labor shall not exceed fifty
(50) square feet or fivo (5) porcont of total1.Nall area facing a street or streots. Not to
exceed 32 square feet.
c. Garaqe sale siqn. One sjqn not exceedinq 6
square feet and located on the property where the sales of household qoods are
sold. No property can display a sjqn for more than three days at a time. and no
more than two times in one year.
2. Permanent siqns:
a. Nameplate siqn. Not to exceed 1 square foot.
b. Neiqhborhood Identification siqn. A siqn with a
siqn area of 32 square feet at each street openinq provided the development
contains at least 6 lots/dwellings.
C. Two Familv (R-2) Residential Zonina District. No freestandinq siqnin the
Two Family Residential district shall exceed six feet in heiqht.. The followinqsiqns
are permitted within the Two Family (R-2) Residential Zoninq District:
1. Temporarvsiqns.
a. Real estate siqn. Not to exceed 6 square feet.
nor 50 square feet if more than 6 lots or 2 acres. Subd. 1E. Signs pertaining to
the lease or sale of real estate shall not oxceed six (6) square foet in the R 2 zoning
district. Subd. -1 D. P. non illuminated 13nd sales sign not oxceeding fifty (50) square
foet in 3re3, or two such signs which in combination do not exceed fifty (50) square
feet in areas shall be permitted on tho site to be sold or developed in order to
3dvertiso the s31e or dovolopment of property comprisod of not less than seven (7)
lots or t\-/O acres of land in any zoning district.
b. Construction siqn. Subd. 4 F. Signs advortising
the dovolopment or improvemont of a property by builder, ownor, contractor or other
persons furnishing service, materials or labor sh311 not excoed fifty (50) square feet or
five (5) percent of total wall area facing 0 street or streets. Not to exceed 32 square
feet.
c. Garaqe sale siqn. One siqn not exceedinq 6
square feet and located on the property where the sales of household qoods are
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sold. No property can display a sian for more than three days at a time. and no
more than two times in one year.
2. Permanent sians:
a. Nameplate sian. Not to exceed 1 square foot.
b. NeiQhborhood Identification siQn. Not to
exceed a heiQht of 6 feet and a siQn area of 32 square feet provided. the
development contains at least 6 10ts/dwellinQs.
D. Multiple Dwellina Zonina District. No freestandinQ siQn in the Multiple
DwellinQ District shall exceed eiQht feet in heiQht. The followinQ siQns are permitted
within the Multiple Dwellina ZoninQ District.
1. Temporary siQn.
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a. Real estate siQn. Not to exceed 32 square
feet. nor 50 square feet if more than 6 lots or 2 acres. Subd. -1 E. Signs pertaining
to the loaso or sale of roal estate shall not excood thirty two (32) square feet in
zoning districts other than Residential and R 2. Subd. -1 D. /\ non illuminated land
sales sign not exceeding fifty (50) squaro foot in area, or t\4.'O such signs which in
combination do not exceod fifty (50) square feet in areas sholl be permitted on the
site to be sold or developed in order to advortise the solo or development of property
comprised of not loss than sevon (7) lots or t\vo acres of land in any zoning district.
b. Construction siQn. Subd.4 F. Signs advertising
tho development or improvement of a proporty by buildor, Ol/mor, contractor or other
persons furnishing sorvico, materials or labor shall not excood fifty (50) square foot
or five (5) percent of total '.\'all area facing a street or streets. Not to exceed 64
square feet.
c. Garaae sale siQn. One siQn not exceedinQ 6
square feet and located on the property where the sales of household Qoods are
sold. No property can display a siQn for more than three days at a time. and no
more than two times in one year.
2. Permanent siQn:
a. Nameplate siQn. Not to exceed 1 square foot.
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b. NeiQhborhood Identification sion or Wallsion.
Is allowed at a maximum of 50 square feet of total sions if there are at least 6
10ts/dweHinos.
E. Institutional Zonina District. The followino sions are permitted within the
Institutional Zonino District.
1. Temporary siQns. The size shall not exceed 100
percent of the permanent sion area allowed. Additional size requirements are as
follows:
a. Real estate sion. Not to exceed 50 square
feet. Subd. '1 E. Signs pertaining to the leaso or sale of real estate shall not exceed
thirty t\..~ (32) square foot in zoning districts other than Residential and R 2. Subd. 4
D. A non illuminated land sales sign not excooding fifty (50) square feotin area, or
two such signs which in combination do not oxceed fifty (50) square foot in areas
shall be permittod on tho site to be sold or devoloped in ordor to advertiso the sale
or devolopment of property comprisod of not less than soven (7) lots or two acros of
land in any z{)ning district.
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b. Construction sion. Subd. '1 F. Signs advertising
the devolopment or improvomont of a property by build or, mvner, contr3ctoror othor
persons furnishing sorvice, materials or labor shall not exceed fifty (50) square feet
or five (5) porcent of tobl wall area facing a street or streets. Not to exceed 64
square feet in area.
2. Permanent sions. All businoss and institutional uses
shall be allowed a base sign area of fifty (50) squaro feet. Subd. '1 B. The total
surfaco area of a free standing or pylon business sign shall not exceod one hundred
soventy f.ivo (175) square feet. A shopping conter may bo allowed one (1) pylon sign
with a maximum arca of t\\~ hundred sixty (260) squaro foet in addition to the sign
aroa otherwise allm...ed in Subdi).'ision '1 C. For outdoor businesses (Le. nurseries,
miniature golf courses), tho total surfaco area of all signs shall not exceed fifty (50)
square foot. The total sion area shall not exceed 64 square feet. The heioht
requirements for permanent sions are as follows:
a. Monument si~n. Shall not be hioher than 12 feet.
b. Pvlon siQn. Shall not be hioher than 25 feet.
F. Business and Professional Offices Zonina District. The followin~ sions are
permitted within the Business and Professional Offices Zonino District.
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1. Temporary sions. The size shall not exceed 75
percent of the permanent sion area allowed.
a. Real estate sion. Not to exceed 32 square
feet. Subd. '1 E. Signs pertaining to the lease or sale of real estate shall not exceed
thirty t'.\IO (32) square feet in zoning districts other than Residential and R 2. Subd. '1
D. ,4, non illuminated land sales sign not exceeding fifty (50) square feet in area, or
1\\'0 such signs which in combination do not exceed fifty (50) square f-eet in aroas
shall be pormitted on the site to bo sold or developed in order to advertise tho sale
or development of property comprised of not less than sovon (7) lots or 1\\10 acres of
land in any zoning district.
b. Construction sion. Subd. '1 F. Signs advortising
tho devolopment or improvement of a property by builder, owner, contractor or other
persons furnishing service, materials or labor shall not exceed fifty (50) square feet or
five (5) percent of total wall area facing a street or streets. Not to exceed 64 square
feet.
2. Permanent sions.
a. Monument sion. Shall not exceed 15 feet in heioht.
.
b. Pylon sion. Shall not exceed 15 feet in heioht.
2. Maximum Total Sion Area. The followino limits applv: All business and
institutional uses shall be allm'..ed a base sign area of fifty (50) square feot.
Commercial, industrial, light industrial and radio and TV uses shall be allowed 1\\'0 (2)
square foet of sign area for each linear foot of building frontage if this is larger than the
base sign area. In tho coso of a corner premisos, the longer of the 1\','0 walls may be
used to compute the maximum allowable sign area. B. The total surface area of a
free standing or pylon business sign shall not exceed one hundred soventy five (175)
square feet.
50 s . ft.
90 s . ft.
150 s . ft.
G. Commercial Zonina District. The followino sions are permitted within the
Commercial Zonino District.
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1. Temporary signs. The size shall not exceed 75
percent of the permanent sign area allowed.
a. Real estate sign. Shall not exceed 64 square
feet. Subd. '1 E. Signs pertaining to the lease or sale ef real estate shall not exceed
thirty two (32) square feet in zoning districts other than Residential and R 2.. Subd.
'1 D. .^. non illuminated kind sales sign not exceeding fifty (50) squaro feet in area, or
1\...0 such signs 'Nhich in combination do not exceed fifty (50) squaro feet in aroas
shall be permitted on the site to be sold or develeped in order to advertise the sale
or development of property comprised of not less than seven (7) lets or 1\...0 acros of
kind in any zoning district.
b. Construction sign: The following limits applv:
Subd. '1 F. Signs advertising the development or improvement of a property by
builder, owner, contractor or other persons furnishing service, materials or labor
shall not exceed fifty (50) square feet or five (5) percent of total ':Jail area focing a
street er streets.
64 s . ft.
1 - 3 acres or floor area 15 - 45,000
90 s . ft.
.
3 - 5 acres or floor area 45 - 75,000
1 00 s . ft.
Over 5 acres or floor area over 75,000 ross sq. ft. 120 sq. ft.
2. Permanent signs: 1\11 business and institutional uses shall be
allewed a base sign area of fifty (50) square feet. Commercial, industrial, light
industrial and radio and TV uses shall be allowed 1\...0 (2) square foot of sign area for
each linear foot of building f-rontage if this is larger than the base sign aroa. In the case
of a corner promises, the longer of the fivo walls may be used to compute the
maximum allm"/able sign area. B. The total surface area of a free standing or pylon
business sign shall not exceed one hundred seventy five (175) square foot. .^.
shopping center may be allo'Ned one (1) pylon sign with a maximum aroa of 1\"/0
hundred sixty (260) squaro feet in addition to the sign area otherwise allowed in
Subdivision '1 A Subd. <I C. For outdoor businesses (Le. nurseries, miniature golf
courses), the total surface aroa of all signs shall not exceed fifty (50) squme.foet.
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a. Maximum Total SiQn Area: The followinQ limits apply:
150 s . ft.
1 - 3 acres /15 - 45,000
200 s . ft.
3 - 5 acres /45 - 75,000
300 s . ft.
400 s . ft.
b. Monument siQn. Shall not be Qreater than 12 feet in heiQht.
c. Pylon siQn. Shall not be greater than 25 feet in height.
except for shopping center identification signs which shall not exceed forty (40) feet
in height, and all shall have a minimum clearance of 1:I#elve (12) foet from basic
grade to the Imvest element of the sign.
H. Liaht Industrial and Industrial Zonina Districts. The followinQ siQns are
permitted within the LiQht Industrial and Industrial ZoninQ Districts.
.
1. T emporarv siQns. The size shall not exceed 75
percent of the permanent siQn area allowed.
a. Real estate siQn. Not to exceed 64 square
feet. Subd. 4 D. A non illuminated land sales sign not exceeding fifty (50) square
feet in area, or 1\410 such signs 'Nhich in combination do not exceed fifty (50) square
feet in areas shall be permitted on the site to be sold or developed in order to
advertise the sale or development of property comprised of not less than seven (7)
lots or two acres of land in ::my zoning district.
b. Construction siQn: The followinQ limits apply:
Subd.4 F. Signs advertising the development or improvement of a property by
builder, owner, contractor or other persons furnishing service, materials or labor
shall not exceed fifty (50) square foet or five (5) percent of total wall are\) facing a
stroet or streets.
64 s . ft.
90 s . ft.
.
1 00 s . ft.
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2. Permanent siqns:
a. Monument siqn. Shall not be qreater than 12
feet in heiqht.
b. Pylon siqn. Shall not be qreater than 25 feet in heiqht.
c. Maximum Total Siqn Area: The followinq limits
gQQ!y: All business and institutionnl uses shnll be allowed n base sign area of fifty (50)
square feet. Commorcinl, industrial, light industrial and radio nnd TV usos shall be
allowed two (2) square feot of sign oroa for onch linear foot of building frontage if this
is larger than tho base sign area. In the case of a corner premises, the longer of tho
halO walls may be usod to computo tho maximum allowable sign area. B. The total
surface area of a f.reo stnnding or pylon business sign shnll not exceed one hundred
seventy flvo (175) square feet. Subd. 4 C. For outdoor businesses (Le. nurseries,
minbturegolf courses), the total surface area of all signs shall not excoed fifty (50)
square feet.
150 s . ft.
.
180 s . ft.
Over 4 acres or floor area Over 160,000
200 s . ft.
I. Planned Unit Development (PUD)
Siqns for a PUD shall be s:loverned by the underlyinq zoninq on the property.
Subdi":ision 6. Temporary Signs Subdivision 11. Temporary Signs, Banners
and Inflatables. The use of temporary signs such as banners, pennants, 9f
inflatables (includinq balloons over 18 inches in diameter) for advertising temporary
sales, business openings, special events, 9f similar activities or used for other
purposes are limited to the followinq: shall bo limited to a maximum of four (4) times
per year, and not more than one (1) '/Jeok in duration at any of those times. Size,
height and locanon of such signs shall not present a public safety hazard, as
determined by the City Building Of.ficbl. /\ny other signago or lengths of time or
frequency shall requiro City Council npprovnl.
.
1. Real estate siqns are subiect to the followinq
requirements: leasinq siqns must be removed after initialleasinq or within 360 days
after a certificate of occupancy is issued if involvinq a new buildinq or a substantial
remodeHnq. Leasinq information inteqrated into an approved permanent
neiqhborhood identification sign or monument siqn and qiven the same architectural
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.
.
treatmentusinq the same materials and desian aiven to the neiahborhood
identification or monument sian are not subiect to the removal provisions of this
section. No real estate or for sale sian shall remain on a property lonaer than 1 year
unless approved by the Buildina Official or his or her desianee.
2. The maximum duration shall not exceed a total of 30
days in anv one calendar year. Each property is limited to 3 occurrences in one
calendar year.
3. An approved permit shall be obtained prior to display
of a temporary sian. A temporary sian displayed without a permit shall be removed
and no new temporary sian shall be allowed nor shall a permit be aPlJroved within
the next 12 months.
Subdivision 12. Desian and Construction
Buildina Code. All sians shall be in compliance with the most currently adopted
versions of the Minnesota State Buildina Code and the National Electric Safety
Code.
Subdivision 13. Non-Conformina Sians
Subd. 8 B. /\11 signs in place on the effective date of this Section, but
not in conform~mce herewith, may remain as presently located and constructed. But
such signs sholl not be roplacod without 3 permit and granting of a variance; nor
sholl such signs be repaired or reconstructed if the cost thereof exceeds fifty percent
(50%) of the value of the sign without permit and variance procedures. All signs on
premises which are '1acant and unoccupied, or do not relate to on activity carried on
or perf<>rmed on the premises, are non conforming and shall be romoved.
A. General- A non-conformina sian shall not be rebuilt. relocated. altered or
modified in size or heiqht. unless it is made fully conformina with this article.
B. Removal - Except for chanaina sians. if a face or messaae on a
nonconformina sian is resurfaced or removed. the entire sian and sian structure
must be removed or made to conform with this article.
Subdivision 14. Maintenance.
Subd. 7 B. Being the owner or lessoe of premises upon which 0 sign is locoted, to
fail to keep such promises free of litter, '....eeds and tall grass. All sians shall be kept
in aood repair and free from rust. corrosion loose or f1akina paint. worn or damaaed
materials or rotted framework or other members. broken or missina members or
missina letters. The premises surroundina all around sians shall be maintained in a
safe. clean. and sanitary condition free and clear of all rubbish and weeds.
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Subdivision 15. Permit Penalties
Subd. Q Fees. Any signage siQn constructed or erected without the required permit
shall be subject to removal, if necessary, or subject to a double fee if in compliance
with all other applicable requirements of this Section.
Subdi':ision 8. General Provisions
A. The City Council may grant a variance from strict adherence to this
Section upon a shov:ing by the applicant that (1) such adherence works a hardship
upon the applicant, (2) such adherence unduly burdens land owned or occupied by
the applicant, and (3) to grant such variance ':.'i11 not work a hardship upon other
m\'ners or occupants in the area or burden their premises. The Council. may call a
hearing for the purpose of making such determination upon such notice as it deems
necessary under the circumstances.
.
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Revisions to Section 6.42 Subdivision 3 (relating to advertising matter on
benches ):
Advertising matter: No advertising matter or sign shall be displayed upon any
bench except only upon the front ~md rear surfaces-of the backrest. No liquor,
beer, or obscene, immoral or indecent advertising, or legal or political advertising
of any character, shall be permitted, and all advertising shall be subject to the
approval of the Council City.