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07-24-00 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, July 24,2000 7:00 P.M. I. Approval of Minutes - June 26, 2000 II. Informal Public Hearing - Amendment No.2 - Preliminary Design Plan _ Medley Hills P.U.D. No. 76 Applicant: GV Development Address: Southwest Corner of Medicine Lake Road and Ensign Avenue Purpose: To provide four units within the development with 10' x 12' additions abutting inside property lines (common wall). -- Short Recess -- IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings V. Other Business A. Discussion of Zoning Code Amendment - Telecommunications Ordinance VI. Adjournment . . . Regular Meeting of the Golden Valley Planning Commission DRAFT ONLY H.las Not Seen Approved J June 26, 2000 A regular meeting of the Golden Valley Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota on Monday, June 26, 2000. Chair Pentel called the meeting to order at 7:00 P.M. Those present were: Chair Pentel, Commissioners Eck, Groger, Rasmussen, McAleese, Shaffer, and Hoffman. Also present were Director of Planning and Development Mark Grimes, City Planner Dan Olson, and Recording Secretary Heidi Reinke. I. Approval of Minutes - June 12, 2000 Groger noted an error on page 6, the statement should read, "Pentel said that the Traffic Management Plan on 1-394 shows that the intersection at Louisiana still remains below capacity." MOVED by McAleese, seconded by Groger, and motion carried unanimously to approve the minutes with the above correction. II. Informal Public Hearing - Conditional Use Permit No. 84 Applicant: LeJeune Investments, Inc. Address: 9105 Tenth Avenue North, Golden Valley, Minnesota Purpose: To allow with a Conditional Use Permit the operation of performing detailing, minor repair and temporary storage of automobiles in the Industrial zoning district. No motor vehicle sales and/or showrooms will be allowed. City Planner Dan Olson presented the request. He showed the general location on the site plan. Olson noted that at a previous Planning Commission meeting, Lube-Tech presented a preliminary sketch to divide the subject property. LeJeune Investments is proposing to buy the east half of the existing Emissions Testing Station property with the west half going to Lube-Tech, the property owner located at 900 Mendelssohn Avenue North. The existing testing station is now vacant. The applicant is proposed to use the building for car detailing and minor auto repair. A portion of the front yard would be turned into a parking area for new car storage. The building footprint would not be changed. Minutes of the Golden. Valley Planning Commission June 26, 2000 Page 2 Olson said the building has approximately 840 sq.ft. of office space and 5 bays, which could hold a total of 10 cars. He said the City's code does not have specific requirements for this exact type of auto-related use. The closest parking requirements are for "offices" and for "gasoline service stations". Based on these uses, the site would require 47 parking spaces. The site provides for 15 spaces. Staff believes that this amount of parking is adequate, as there would be no customers coming to the site. The spaces provided should be adequate to accommodate the 10 employees working on the property. Also, the site plan shows a proposed parking lot for 100 cars. This parking lot would be used to store vehicles waiting to be serviced or waiting to be picked up. As a condition of the permit, staff suggests that parking be made available in the storage lot for employees should adequate employee parking become as issue. . Olson said the subject property is zoned Industrial with Industrial to the west and east and Light Industrial to the north and south. He said the proposed parking lot would meet setback requirements as found under the Industrial zoning district of the City Code. Olson told the commission the applicant would be required to submit a Drainage, Grading, and Erosion Control plan for the parking lot. A Tree Preservation application is also required. (These applications have been submitted by the applicant and have been reviewed by the City's Engineer and Environmental Coordinator.) Olson said staff believes this land use would not cause undue traffic congestion in the . area with bringing autos to and from the site. The applicant has indicated that they would use a travel route along Highway 169, exiting on the frontage road near Lube Tech. Olson stated the following staff recommendations: 1. The hours of operation shall be from 7:00 AM to 10:00 PM, Monday through Saturday. 2. Only those vehicles being serviced by Lejeune may use the building. 3. The two paved asphalt parking areas shall be the only location where motor vehicles may be parked. No parking shall be allowed within the required landscape area. 4. Any signage for the property must meet the sign requirements of the Industrial zoning district and reviewed by the City's Building Official. 5. Should inadequate parking become an issue, a portion of the storage parking lot on the north part of the site shall be designated for employee parking. 6. Whenever possible, the applicant shall use a travel route along Highway 169, accessing from the frontage roads near the site. 7. Any outside storage of materials shall be screened so as to not be visible from adjacent properties or streets. No storage is permitted within the required landscape area. . Minutes of the Golden Valley Planning Commission June 26, 2000 Page 3 . 8. The recommendations of City Engineer Jeff Oliver as found in his memo dated June 21, 2000 is incorporated as a part of this permit. 9. The recommendations of Ed Anderson, Deputy Fire Marshall, as found in his memo dated June 6, 2000 is incorporated as a part of this permit. 10. All other applicable local, state, and federal requirements shall be met 11. Failure to comply with one or more of the above conditions shall be grounds for revocations of the conditional use permit. Pentel inquired if the applicant is proposing for any other outdoor storage. She suggested a condition be added for no outside storage other than the new vehicles to be parked in the front parking lot. Olson said the applicant has indicated there would be no other outside storage at this time. Grimes said that any storage, including cars that are waiting to be serviced, would have to be screened with a fence or berm. Eck inquired why the hours are different than those originally requested by the applicant. Olson responded that the hours were changed to allow some leeway in the operation. . Pentel said that most gas stations have access all around the building. In this case, the east side does not provide access. The Fire Chief believes that this would be sufficient as long as the width of the road is adequate. McAleese said that staff's factors concerning access to the site as found in the conditions is an important element. The condition encourages the applicant to use Highway 169. He inquired if the traffic generation might pose a problem. Olson said that traffic should not be a problem as only employees and trucks that deliver the cars would be coming to the site. Grimes said LeJeune would need to sign an agreement stating they would maintain the pond. If the pond is not managed at the proper level, the City would maintain it and charge LeJeune fee for maintenance. Grimes said this standard agreement is developed through the Engineering Department and the City Engineer. . McAleese noted that the pond sits in the middle of the newly split parcel. He questioned whether LeJeune and the owner of the west half of the proposed subdivided property would both need to be included in the agreement. LeJeune should not be solely responsible for the maintenance of the pond. Olson commented that easements for ponding would be required on both halves of the final plat. Grimes added that the pond was divided by the amount of square footage on each property. This amount was divided among the parties responsible for maintenance. He said he would review the agreement with the City Engineer. Minutes of the Golden Valley Planning Commission June 26, 2000 Page 4 Jon Hansen, President of Lejeune Investment, Inc., commented on questions from the commission. He stated only vehicles would be stored outside. He indicated there may be times when tires are stored on a carousel, which will be within a screened area. . Pentel said the trash container is allowed as outside storage. Hansen commented that vehicles would come on transport trucks from the manufacturers to the site. He noted that the protective coating on the vehicles would be removed, and then the vehicles washed, buffed and waxed. A car jockey would then take the car back to the site. Hansen added that vehicles would be stored approximately 14 to 30 days on site. Grimes added that this storage lot would be a staging area for bringing the new cars to the dealership. Chair Pentel opened the informal public hearing; seeing and hearing no one, Chair Pentel closed the informal public hearing. Shaffer noted that trash should be kept within a screened area. Pentel added that the following statement should be added to condition #7: no outside . storage of materials should be allowed, except for automobiles. Grimes said the applicant would need to meet the requirements for landscape screening. McAleese said the City should be alerted to the pond issue. The two property owners are together responsible for maintaining the pond. He is concerned about bringing cars on transports. He inquired if the City Engineer has addressed this issue. Hansen responded saying the transport truck would pull in and the cars then backed down off the truck. The truck would then back out onto the street. He does not believe this should pose a problem. Grimes added that when backing out onto a public street, Lejeune should make certain there is someone helping the driver to back up property. Grimes added that he would review this issue with the City Engineer. MOVED by Eck, seconded by McAleese, and motion carried unanimously to allow by Conditional Use Permit the operation of performing detailing, minor repair and temporary storage of automobiles in the Industrial zoning district with the conditions as stated and the revisions of the conditions stated. . . . . Minutes of the Golden Valley Planning Commission June 26, 2000 Page 5 III. Informal Public Hearing - Conditional Use Permit No. 85 Applicant: Border Foods Address: 9050 Golden Valley Road, Golden Valley, Minnesota (Lot 1, Block 1, Cooperman Subdivision) Purpose: To allow with a Conditional Use Permit the operation of a Class II fast food restaurant (Kentucky Fried Chicken/Pizza Hut Express) in the Commercial zoning district. City Planner Dan Olson presented the request. He showed the site plan of the subject property. This proposal is to locate a 50-seat combination KFC/Pizza Hut Express on the existing vacant property at 9050 Golden Valley Road (located directly west of Wendy's Restaurant). Olson said the subject property and Wendy's were once one lot. He said in 1993, the original lot was split in two and Wendy's was built. Olson added the Commercial zoning district requires a Conditional Use Permit for fast food (Class II) restaurants. Olson next reviewed the size of the building and lot. He indicated the building would be a one-story building with 3200 sq. ft. of floor space, with the drive-thru located on the west side of the building. Olson said the site plan indicates that parking would not meet the requirements as found in the Commercial zoning district. The code requires 92 parking spaces. The proposed plan shows 54 parking spaces. Olson told the Commission the applicant has applied for a variance for lack of required parking on the site and is scheduled to appear before the Board of Zoning Appeals (BZA) on June 27, 2000. Olson said the drive-thru provides enough space to stack 13 cars. He noted that staff believes the proposed parking would be adequate as there are only 50 seats in the restaurant. He noted that Wendy's, located directly to the east, has 90 seats, 52 parking spaces and 32 proof of parking spaces. The parking lot is rarely filled. He believes parking is adequate for that use, which has many more seats in the restaurant. Pentel noted that KFC attracts more drive-thru or pick-up customers rather than those that dine in the restaurant. Olson agreed with Pentel. Olson added that there would be no delivery conducted from this restaurant. Olson said the applicant could address the issue of the loudspeaker located on the west side of the proposed building. Olson told the Commission the building and parking lot meet setback requirements. He added that the subject property is zoned Commercial, with Commercial on the east and south, M-1 (Multi-Family) on the west and Light Industrial on the north. Minutes of the Golden Valley Planning Commission June 26, 2000 Page 6 . Olson listed the factors for consideration: Consistency with the Comprehensive Plan. Verify that the noise impacts do not affect the rental value of the adjacent apartment complex. The traffic generation will not be excessive for the existing road system in that area. Effect on any increase in population: There would be 8-12 employees on the site per shift. Increase in noise level during the hours of operation. Landscape plan would include screening on the west side of the site. The dumpster would also be screened. . Olson said that the applicant would have to meet staff's recommended conditions #1 through #8 with possible changes to the parking requirements. Pentel inquired about the landscaping issue with regards to the property to the west. She indicated the City's requirements are not clear for the landscaping and suggested an additional condition should be added. She also pointed out that the hours as found in the literature does not match what is listed in the conditions. The applicant stated that the hours of operation would be from 10:30 AM to 11 :00 PM, Jim Erickson, Border Foods, Inc., presented the request. He said this is the first facility in the metro area that is a combination of KFC/Pizza Hut Express. He said that the BZA would address the parking issue tomorrow night, June 27. Erickson said the proposal for parking is adequate to service this site. He added the increase in noise level would be addressed by Carl Gebhardt. . Carl Gebhardt, DMX Music, stated that the location of the loudspeaker at the drive-thru is 50 feet from the landscaping buffer and another 50 feet to the side of the garage building located on the apartment complex to the west. He handed out a document that explained the decibel levels of the loudspeaker and explained the information. A document from the manufacturer about the decibel level states that the level decreases at certain distances from the loudspeaker. Pentel inquired if the menu board will give a digital readout. If so, this would reduce the loudspeaker noise. Gebhardt said Border Foods intends to install this type of menu board at the restaurant. He stated that a person could hear 3 dbds difference with good hearing. At the landscaping edge, 20 dbds would be heard, which is under the threshold of the ambient sound of that area. The intercom is significantly below the ambient sound of that area. Based on the measurements, one would not be able to hear the intercom at the adjacent apartment garages. Gebhardt stated that 54 dbd is an adequate conversational level. The intercom system allows for talking and listening at the same time. The reader board would also cut down on noise. . 11 Minutes of the Golden Valley Planning Commission June 26, 2000 Page 7 . Eck inquired if the lower ambient noise at night would make a difference in how loud the speaker would sound. Gebhardt said the loudspeaker would sound like the rustle of leaves at the apartments. In addition, the landscaping buffers some of the noise. Erickson commented that the City Fire Marshall and City Engineer did not express any concerns. Pentel stated a concern about the amount of stacking. She noted that at lunchtime, Wendy's has cars stacking out onto the street. Erickson said there would be more stacking on the west side of the building for an extra 12 cars. Barb Schneider, representative for Border Foods, stated that 21 feet per car is allowed for stacking. There is room for approximately 13 cars to be stacked. This is an appropriate number for the amount of people that frequent this type of restaurant. The customer count is lower, but the product sold is higher than other fast food restaurants. She noted that based on analysis, 50% of the customers will dine in and 50% will take out. It can vary depending on the time of year. The product for both restaurants is prepared ahead. When it is ordered, the products are simply packaged. . Rasmussen expressed some concern about the ventilating system and the release of aroma. Schneider said that the air discharged from the hood systems would meet the required standards. She did not have an exact answerto Rasmussen's question. She added the hoods are cleaned every three months. Groger inquired about the signage requirements. He assumes that the 7 -foot tall picture of the Colonel would meet code requirements. He wants to clarify the signage issue so that it does not later become a problem. Schneider noted that temporary signage can be applied for several times throughout the year per the City's sign ordinance. Grimes expressed concern with signage in the windows. Chair Pentel opened the informal public hearing. Steve Johnson, 8951 Olson Memorial Highway, commented on the smell from the old KFC that was located at Hwy. 55 and Rhode Island Avenue. He stated his concern about smell because he lives directly across from the proposal on Hwy. 55. Grimes noted other sit-down restaurants emit as much smell as fast food restaurants. Chair Pentel closed the informal public hearing. Pentel said that she is still concerned with the stacking lane and requested staff to . further investigate the stacking issue. She noted that fewer cars would come to the Minutes of the Golden Valley Planning Commission June 26, 2000 Page 8 If restaurant, but more product would be purchased per vehicle. Grimes said there would be a lane for cars to go around the stacking lane to get out of the parking lot. He agreed that stacking is a concern. Rasmussen inquired about the stacking capacity. Schneider said the stacking capacity would be for 25 or 26 vehicles. . Groger added that people probably would not sit in a long line. They most likely would run in and order food if too many vehicles are stacked. He inquired if the drainage pond in the back needs to be fenced. Grimes said that the City does not require fencing around ponds. The pond is designed with a 10-foot shelf and then progressively gets deeper. There are numerous ponds around the City that are not fenced. Pentel said that the noise from the speakers was addressed clearly and added that the vehicle itself would deflect some of the sound. Shaffer inquired when trash would be taken off the site. Schneider responded that the trash is picked up before 10 AM in the morning. Pentel noted that the City ordinance states that trash cannot be picked up before 7 AM. Shaffer added that the BZA would address parking space issue at its meeting tomorrow night. He asked Schneider to present a more accurate stacking layout for that meeting. . Eck inquired about the snow removal plan. Schneider said the snow would be pushed to the back of the lot. If there is too much snow, it would have to be removed from the site. Grimes noted that there is no problem with putting the snow in the back and in the pond. He would talk to the City Engineer about this issue. McAleese believes the number of parking spaces seems appropriate. Stacking could cause problems within the lot. He added the area is zoned properly for this sort of development. The noise issue was addressed and does not pose a .problem. Unfortunately, the more noise that you add, you can create a cacophony that can become a problem. Rasmussen said that with only 50 seats and 11 employees, the 54 parking spaces are adequate and believe some of those employees may be carpooling. She also believes the parking is adequate because these types of restaurants have more drive-thru customers than those that dine in. The elevation and screening seems to be adequate. The air quality should be addressed at some point. Groger added a condition that the restaurant should follow all reasonable steps to reduce odors emitted outside the restaurant. In addition, normal upkeep and maintenance of the cooking appliances should be performed. The hours of operation . should end no later than 11 :00 PM. Minutes of the Golden Valley Planning Commission June 26, 2000 Page 9 e MOVED by Shaffer, seconded by Rasmussen, and motion carried unanimously to allow with a Conditional Use Permit the operation of a Class II fast food restaurant (Kentucky Fried Chicken/Pizza Hut Express) in the Commercial zoning district with staffs conditions and the additional conditions stated by the Commission. IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other Meetings There were no reports on meetings. V. Other Business A. Discussion of Essential Services Class II in Institutional zoning districts. Olson stated that on page 2 the subdistricts are listed, as follows: Olson told the commission a US West Cell tower technician was present to answer questions. Pentel said that she likes to see the ordinances from the other cities, such as landscaping. She noted the procedure for other cities as follows: the applicants presented their request and a visual analysis was performed before approval was granted. Pentel felt that cemeteries ought to be included as potential locations. Olson said that he included some pictures of camouflaged cell towers in his packet. The City did not want to put monopoles in parks and golf courses. There were no problems with the small antennae. e Eck said that when someone comes to the City with a proposal, the City must not assume that coordination has been done as to where the antennae are needed. The City should create a wireless-communications ordinance. t . . . Minutes of the Golden Valley Planning Commission June 26, 2000 Page 10 Grimes said that some cities have required an independent consultant to evaluate the necessary locations for the antennae. Manish Vaishnadvalfhnad, Radio Frequency Systems Engineer/US West Representative, stated that some antennae are not designed to be co-located with another company's antennae, though it is less expensive to co-locate. Areas throughout the City could be evaluated to designate where antennas are needed for coverage. The City cannot go without coverage. The poles are about 40 to 60 feet in height. Shaffer said that he did not want many monopoles in the City. Groger stated that he has no problem including the Institutional Subdistricts in this plan. The City could consider offering a Conditional Use Permit to be used for other subdistricts. Pentel suggested that the City look into the co-location of antennae. McAleese stated that the major goals thus far include co-location and camouflaging the antennae. The technology is needed; and therefore, the City needs to provide the coverage. It is the City's responsibility to prevent a monopole from being erected in an inappropriate location. Vaishnadvalfhnad said that the maximum height for the monopole is 60 feet. Antennae can be placed on top of a light pole. The light pole can be replaced with a monopole, or vice versa. Grimes noted that the poles are owned by the City or the telephone company. VI. Adjournment The meeting was adjourned at 9:00 P.M. Rick Groger, Secretary . . . Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Preliminary Design Plan for Amendment No.2, Medley Hills Planned Unit Development (PUD) No. 76- Southwest Corner of Ensign Ave. and Medicine lake Rd.- GV Development llC (Zachman Homes), Applicant Date: July 17, 2000 GV Development LLC (Zachman Homes) has requested a second amendment to Medley Hills PUD No. 76. This amendment would allow a change to the location of four of the porches and decks as outlined in the first amendment to the PUD that was approved in September 1998 by the City Council. Medley Hills PUD No. 76 was approved by the City Council in November 1997. This PUD called for the construction of 33 town home units in both two and three unit buildings. At this time, many of the units are now occupied and some of the units are under construction. By the end of the year, all units will be completed. Staff believes that the development has turned out well and that the townhome units have helped to meet a growing demand for such units. During the summer of 1998, GV Development came back to the City to amend the PUD in order to allow more flexibility in the location of porches and decks. The original plan made part of the PUD allowed for the construction of a 10ft. by 12 ft. deck or porch on 27 units. The other 6 corner units were allowed to have two decks or porches of 120 sq. ft. each. After review by the Planning Commission, the City Council approved the first amendment to PUD No. 76 that permitted each of the 33 units to have both a deck and a porch within a larger area as shown on a revised plan. This would give the new homeowner some flexibility in locating the deck or porch. The amendment also allowed for a greater amount of deck and porch space. The revised plan allows for up to 240 sq. ft. of deck and porch space per unit. However, no deck or porch may exceed 120 sq. ft. in area. There was also some discussion regarding the definition of a porch. (It was clear that a deck is an uncovered structure.) The City Council understood as part of the approval to the first amendment that a porch could be either a three or four- season porch. This was decided because there is no real difference to the look of a three or four-season porch. The Building Inspection Department considers a four-season porch as an addition to the living unit and should not be considered a "porch". In the past few weeks, the City's Building Inspector determined that two "four season" additions were built on two units in a location that was not consistent with the first amendment. The additions on the town homes on Lot 7, Block 2; and Lot 4, Block 3, were built up to the common wall with the adjoining unit. The approved first amendment plan indicates that no additions would be built up to a common wall. .. GV Development is requesting a second amendment that would permit the porches and additions to be constructed up to the common wall on four lots-Lot 7, Block 2; Lot 4, Block 3; Lot 7, Block 1; and Lot 4, Block 2. The same overall restriction of no more than 240 sq. ft. of total deck and addition . space would stand. Also, no deck or addition could exceed 120 sq. ft. in area. Withoutthis second amendment, the two additions that have been built would have to be removed or moved. The amendment has been requested because the door opening from the four town home units to where the addition would be located (or is located) is along.the common wall. GV Development can explain this matter at the Planning Commission meeting. Staff is suggesting that the amendment language state that decks or additions may be constructed. The current language states decks or porches. From a land use perspective, there is little, if any, difference between a three-season and four-season porch because both are covered and look like living space from the outside. It is best to eliminate future confusion by stating that a deck or addition may be constructed in the specified areas. In any case, the decks and additions must meet all building and energy code requirements. Recommended Action Staff recommends that the Preliminary Design Pan for the second amendment to the Medley Hills PUD No. 76 be approved. This amendment would change the location of the area where decks and additions may be built on four town home units in the development - Lots 4 and 7, Block 2; Lot 4, Block 3; and Lot 7, Block 1. The total area for decks and additions would remain at 240 sq.ft. for each townhome unit. No deck or addition will be allowed to exceed 120 sq.ft. All decks and additions must meet the building and energy codes. Staff is recommending that the language state that the 240 sq.ft. may include both decks and additions. The word addition replaces porches. In the first amendment, the City Council stated that they understood that porches could include both three and four season porches. The Building Department considers a four season porch as a building addition. By stating that additions are permitted, the confusion is eliminated. . Attachments: Staff Memo to the City Council dated August 25, 1998 (General Plan Approval - Amendment No.1) and Attachments Site Plan from 1998 Proposed Site Plan . . MEMORANDUM DATE: TO: FROM: RE: August 25, 1998 William S. Joynes, City Manager Mark W. Grimes, Director of Planning and Development PUBLIC HEARING ON ORDINANCE -- GENERAL PLAN OF DEVELOPMENT -- AMENDMENT NO.1, MEDLEY HILLS PUD NO. 76 {9100-9165 MEDLEY RD AND 9101 TO 9157 MEDLEYCIRCLE)-- GV DEVELOPMENT, LLC, APPLICANT . At the August 3, 1998 City Council meeting, the Council unanimously recommended approval of the Preliminary Design Plan for Amendment No.1, Medley Hills PUD No. 76 (minutes attached). The purpose of the amendment is to allow greater flexibility in the location of decks and porches on the 33-townhome units in Medley Hills town home development. Arnie Zachman, representing GV Development, LLC, has now prepared a revised site plan that indicates the location in which porches or decks may be built (attached). The site plan also shows that each unit may have an at-grade patio in the front. This site plan will become a part of the PUD permit for Amendment No.1, Medley Hills PUD No. 76. At the August 3, 1998 Council meeting, there was discussion if the porches could be either three season or four season. It is staff's understanding that the porches may be built as either three or four season porches. From an architectural point of view, there would be little or no difference between a three and four season porch. RECOMMENDED ACITON Staff recommends that the City Council approve the attached Ordinance giving approval to the General Plan of Development for Amendment No.1, Medley Hills PUD No. 76. . The proposed amendment permits flexibility in the location of porches and decks on the 33-townhome units and is consistent with the Preliminary Design Plan approval given by the City Council on August 3, 1998. An Amended PUD Permit for Medley Hills PUD No. 76 will be prepared which indicates the changes permitted by this amendment. (The PUD permit is also before the City Council at the September 1,1998 meeting.) Attachments: Location Map City Council Minutes dated August 3, 1998 Ordinance No. 187 Site Plan (attached separately) . . Medley Hills Totmhomes Proposed Site ~ ------------MrniCrnr-LAKER~iJ-~-----~~~~-~------t (93 (!) -i:~ 0' ~ l' North . . . Regula! l'1J;tif1t~ the City Council Aug~~, 81 J Page 2 ~ ~ovaf of Consent A enda .. ./ MO ED by Johnson, seconded by kken and motion carried unanimousl~ ~~v: the item~<~. the consent agenda, indic ~ed. by an asterisk, except removal.~jgani~ati.onal Item - Mmutes of Boards and Com. ISSlons - Open Space and Recre~tlon Commission _ June 22,19,; and Mayor and Cou ell Items - Proclamation for pa;)lVilder Day. Mayor Anders~.rr'ad the items listed on the consent agenda./ \ I: ~ "A~proval of CheCk. ReQister , / MOVED by JOhnSO~eCOnded b~ Bakken and motio~ carried unanimously to authorize the payment of the bills ~bmiller' / "General Business and HeatinQ dcenses / " f MOVED by Johnson, seCOndea\~y,' Bak~en and motion carried unanimously to authorize the issuance of license #7075 - #70i!i'?; *Minutes of Boards and Commiss~i1s // 1 '\ ~ <- " . '~ MOVED by Johnson, second~({by 8akken.and motion carried unanimously to approve the ~ .-; 'i minutes received as follows!,," ~ \. /' '.. "- ? ; ~ . . " Planning Commission:y..fuly 13, 1998,"'~\,., Human Rights c02- fSsion - April 9, and June 11. 'l998 : : ~';.\ , " Minutes of Boar's and Commissions - Open Spac~'and Recreation Commission _ , . ~ June 22. and Julv 27. 1998 \\ / : ~ Council ~ber Micks asked questio~s about the status ~>tbe Honeywell Little League field as entioned in the minutes froni July 27, 1998. ,\, M ED by Micks, seconded by JOhn~On and motion carried u~OUSIY to receive and e.the Open Space and Recreation Cemmission minutes for J~~I~~, 1998 and July 27, 1998. ' Public HearinQ .. Preliminary DesiQn Plan Approval .. Amendment #1 .. PUD #76 .. Medlev Hills Condominium Mark Grimes, Director of Planning and Development, reviewed the plan and answered questions from the Council. (lIl Regular Meeting of the City Council August 3, 1998 Page 3 . Public HearinQ - Preliminary DesiQn Plan Approval - Amendment #1 _ PUD #76 _ Medlev Hills Condominium - Continued Arne Zachman, Applicant, answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED. by Johnson, seconded by Micks and motion carried unanimously to approve amendment #1 to the preliminary design plan for PUD #76, Medley Hills Condominium. roval of Re uests for Beer and/or Wine at Brookview Park MQ Q by Johnson, seconded by Bakken and motion carried unanimOUSIY~Ove the reques for beer and/or wine at Brookview Park as recommended by sta~ /' *Call for Pu .c Hearin - Street Vacation - 1-394 North Fronta e Road/Colorado Circle - 9/14/9 /:??/. ,,/,tF"./ , MOVED by Johnson, seconded by Bakken and mgtio'h' carried unanimously to call for a public hearing for con'sideration of a street va~fj6n of the 1-394 Frontage Road from Colorado Avenue on the 'west to the Canaqiah Pacific Railroad. right-of-way on the east and the street vacation of Corocado CirclejofSeptember 14, 1998 at 7:00 p.m. " / '" /, *Approval of Primary Election JuC:tQ;s /.., .- , Member Johnson introducegJtie following.Iesolution and moved its adoption: /,/.. ,., /' / RESOLUTI~ 98-64 RESOL. .U-PON APPROVING THE. APPOINT~ME. N.T OF ELECTION JUDGES FOR THE PRIMARY ELECTION TO BE HEr: ON SEPTEMBER 15, 1998 ~. /, . The moyoh' for the adoption of the foregoing resolution w~seconded by Member Bakken and .>lpon a vote being taken thereon, the following votedfn-{avor thereof: Anderson, Bakken, Johnson and Micks; and the following was absent: Lesuer, and the following rted against the same: none, whereupon said resolution was dea'lled duly pass!'d and . adopted, signed by the Mayor and her signature attested by the City Cletk. . lW . . ORDINANCE NO. 187, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to General Plan of Development Medley Hills Townhomes, P.U.D. No. 76, Amendment NO.1 GV Development, LLC, Applicant 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 in Section 11.10, Subd. 2 and Section 11.22, Subd. 1, by approving an amendment (no. 1) to the General Plan of Development for Medley Hills P.U.D. No. 76, to allow for the construction of 33 townhomes on 5.89 acres located at the Southwest corner of Medicine Lake Road and Ensign Avenue North. This approval is subject to all of the terms of the amended permit to be issued including, but not limited to, the following specific condition. .' 1. Each unit shall have the option of a porch, 10 feet by 12 feet and a deck, 10 feet by 12 feet, or either of them. The gross area of these two appurtenances shall be no greater than 240 square feet. Applicant or successors shall locate the porch or deck at the back or on the side of each unit as indicated on site plan prepared by Passe Engineering, Inc., and accepted by staff with a date of 8/26/98. The porches and decks may be built separate or adjoining, but in no case shall they occupy space greater than 240 square feet. Section 2. The tract of land affected by this ordinance is legally described as follows: Medley Hills P.U.D. No. 76 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation A Misdemeanor" are hereby adopted in their entirely, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1 st day of September, 1998. tf. th~ ATTEST: .~IS~C~ (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). . . Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Planning Commission From: Dan Olson, City Planner Subject: Discussion of Zoning Code Amendment - Telecommunications Ordinance Date: July 19, 2000 Purpose At the June 26th Planning Commission meeting, the Commission discussed the possibility of revising the text of the Golden Valley Zoning Code to include new requirements for cellular phone antenna towers. The Commission asked staff to begin researching what these new requirements might be. This report is provided in response to that request. . Current Code requirements: Staff has reviewed the current Zonin.g Code and found the relevant requirements for antennas and essential services in the city: Definitions: "Essential Services" - Structures or facilities owned by a government entity, a nonprofit organization, a corporation, or any other entity defined as a public utility; and used in connection with the collection, delivery, generation, production, storage, or transmission of electricity, electronic signals, gas, oil, sewage, or water. Also, antennas and supporting structures for the transmission of cellular telephone, radio, or television signals to the general public. Essential services shall be broken down into classes as follows: Class I - pipes or wires for cable television, electric power, gas, sewer, telephone or water services; together with supporting poles or structures and necessary related equipment; located within a public right-of-way or utility easement and in full conformance with any applicable local, state, or federal regulations. . Class II - Public utility facilities completely enclosed within buildings not to exceed 12 feet in height or 600 square feet in gross floor area; or cellular telephone, radio, or television signal transmission towers not to exceed 120 feet in height as measured from the ground level to the highest point of the I structures (including antenna), and including necessary equipment completely enclosed within buildings not to exceed 12 feet in height or 600 square feet in gross floor area. . Class III - Peaking stations; substations; switching stations; cellular telephone, radio, or television signal transmission towers not to exceed 300 feet in height, and related equipment; and associated office or technical facilities for any of the preceding. "Tower" - A structure whose function is to support and elevate an antenna, water tank, or other fixture as provided in this chapter. In all cases, the height of a tower shall be measured from the ground level regardless of whether the tower is mounted on another structure or building, and said height shall also include any portion of the antenna or other fixture which extends above the highest reach of the tower itself. Zoning District Provisions: Permitted Uses: · Residential Zoning District: Essential Services - Class I · Two-Family Zoning District: Essential Services - Class I · Multiple Dwelling Zoning District: Essential Services - Class I · Commercial Zoning District: Essential Services - Class I · Light Industrial Zoning District: Essential Services - Class I & III · Business & Professional Offices Zoning District: Essential Services - Class I · Institutional Zoning District: Essential Services - Class I . Permitted Accessory Uses: · Commercial Zoning District: Essential Services - Class II · Light Industrial Zoning District: Essential Services - Class II · Industrial Zoning District: Essential Services - Class II · Business & Professional Offices Zoning District: Essential Services - Class II Setback Regulations: In the Light Industrial and Industrial Zoning Districts, towers and related buildings may be constructed no closer to the Residential, R-2 Residential, Multiple Dwelling or Institutional Zoning District than the height of the tower. Height Regulations: · In the Light Industrial Zoning District, No building or structure, other than water tanks, . water towers, essential service communication structures not exceeding 120 feet in 2 . . . height, and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Light Industrial Zoning District. · In the Business and Professional Office Zoning District: Essential Services - Class II when constructed on top of a principal building and not exceeding 120 feet in height as measured from the ground level. Radio and Television Zoning District: · These regulations are attached for your review. This zoning district incorporates antenna regulations that we may be able to incorporate into a new Telecommunications Ordinance. City of Bloomin~on Requirements The City of Bloomington's Telecommunications Ordinance was one of the first to be written in the metro area, and is attached for your review. The Ordinance incorporates many of the topic areas that the Planning Commission discussed at their June 26th meeting. These topic areas include: . Section 19.63.05 (b): Section 19.63.05 (c): Section 19.63.05 (k): Section 19.03: Towers in parks, churches and city buildings Co-location requirements Abandoned or Unused Towers Definitions . . . Telecommunications Consultant As you may have already seen, the area of telecommunications can be a complicated and highly technical topic of discussion. In addition, this technology undergoes constant changes and improvements. As we delve into these regulations, it may be a good idea to have a telecommunications consultant answer Planning Commission and Staff questions, and advise us. There is funding in the City Budget for this type of expense. Recommended Action This item is presented for your discussion. Attachments · Radio and Television Zoning District Provisions · City of Bloomington Telecommunications Ordinance 3 (. S 11.40 . SECTION 11.40. RADIO AND TELEVISION ZONING DISTRICT. Subdivision 1. Purpose. The purpose of the Radio and Television Zoning District is to provide areas within which may be erected and operated antenna arrays, supporting towers or structures therefor, radio ana television transmitting and receiving equipment, and buildings and enclosures appurtenant thereto. No usage unrelated to or inconsistent with the establishment and operation of radio and television stations shaH be permitted in the Radio and Television Zoning District. Subdivision 2. District Established. Properties shall be established within the Radio and Television Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.40, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.40 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the Radio and Television Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. ( Subdivision 3. Uses Permitted. The following uses are permitted in the Radio Zoning District: . A. Radio and television transmitter statiohs and radio and television towers. Subdivision 4. Parking Requirements. The following parking requirements shall be adhered to in the Radio Zoning Districts: A. For each manned radio or television transmitter and/or tower there shall be provided at least one parking stall for every two employees or fraction thereof. B. For each unmanned radio or television transmitter and/or tower there shall be provided a minimum of two parking stalls per installation. C. Each off-street parking stall shall be at least 9 feet in width and 20 feet in depth with sufficient area provided for maneuvering of vehicles. Subdivision 5.Yard Requirements. Yard requirements within the Radio Zoning District shall be the same as provided for in Light Industrial Zoning Districts. Source: Ordinance No. 549 Effective Date: 9-11-81 C,.: . GOLDEN VALLEY CC 301 (6-15-98) . Special Ordinances - Tower/Wireless . . . 1 of 14 http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm II 'ri~~ington, MN . HOMEUSmYlCESl1 errv HAul. NEWSO STATSU iEARCHU CONTACT I Selected Ordinance Provisions Pertaining to Towers This DocumentLast Updated 3/13/98 CHAPTER 19: ZONING *** ARTICLE V. PERFORMANCE STANDARDS *** SEe. 19.63.05. TOWERS. (a) Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: (1) facilitate the provision of wireless telecommunication services to the residents and businesses of the City; (2) minimize adverse visual effects of towers through careful design and siting standards; (3) avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and, (4) maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (b) Towers in Residential Zoning Districts. Towers shall be allowed only in the following residentially zoned areas: (1) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear yard of residentially zoned parcels. (2) Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed only in the following residentially zoned locations: (a) Church sites, when camouflaged as steeples or bell towers; (b) Park sites, when compatible with the nature of the park; and, (c) Government, school, utility, and institutional sites. (c) Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: (1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. . (b) The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. (c)Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. (d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. (2) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (d) Tower Construction Requirements. All towers erected, constructed, or located within the City, and all wiring therefor, shall comply with the requirements set forth of Section 15.14 ofthis Code. (e) Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements. (1) Towers and antennas shall be designed to blend into the surrounding environment through the use of . color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. (2) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment. (f) Tower Setbacks. Towers shall conform with each of the following minimum setback requirements: (1) Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. (2) Towers shall be set back from the planned public rights of way as shown on the most recently adopted Master Street Plan of the City by a minimum distance equal to one half of the height of the tower including all antennas and attachments. (3) Towers shall not be located between a principal structure and a public street, with the following exceptions: (a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street. (b) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. (4) A tower's setback may be reduced or its location in relation to a public street varied, at the sole . discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure. 2 of 14 7/14/003:18 PM , Special Ordinances - Tower/Wireless . . . 3 of 14 http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (5) Towers erected on any protected residential parcel as defined in Section 19.47 of this Code are also subject to the setback provisions of Section 15 .14( d)(8) of this Code. (g) Tower Height. All proposed towers shall meet the height restrictions set forth in Section 19.47 of this Chapter. (h) Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. (i) Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. G) Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. (k) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers shall be removed as follows: (1) All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Planning Manager. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. (2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (1) Antennas Mounted on Roofs. Walls. and Existing Towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Planning Manager, provided the antennas meet the requirements of this Code, after submittal of 1) a final site and building plan as specified by Section 19.40.12 of this Code, and 2) a report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. (m) Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least ten calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. (n) Additional Submittal Requirements. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer which 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.cLbloomington.mn.us/ci...v/planning/regs/tower/towerord.htm ' A) describes the tower height and design including a cross section and elevation; B) documents the height above grade for all potential mounting positions for co-located antennas and the . minimum separation distances between antennas; C) describes the tower's capacity, including the number and type of antennas that it can accommodate; D) documents what steps the applicant will take to avoid interference with established public safety telecommunications; E) includes an engineer's stamp and registration number; and, F) includes other information necessary to evaluate the request. (2) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (3) Before the issuance of a building permit, the following supplemental information shall be submitted: A) Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and, B) a report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards. (0) Violations. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. (Added by Ord. No. 96-25, 7-1-96) . *** ARTICLE I. GENERAL PROVISIONS *** Division B. Definitions SEC. 19.03. DEFINITIONS. The following words and terms when used in this Chapter shall have the following meanings unless the context clearly states otherwise: *** Antenna - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Commercial Wireless Telecommunication Services - Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. . Public Utility - Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, commercial 4 of 14 7/14/003:18 PM . Special Ordinances - Tower/Wireless . . . 5 of 14 http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately. Tower - Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Tower, Multi-User - A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. Tower, Single-User - A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code. *** ARTICLE IV. DISTRICT REGULATIONS *** SEC. 19.47. HEIGHT. (a) Purpose - The purpose of Section 19.47 is to regulate the height of structures in order to maintain the character and scale of the predominant single-family residential development in the City of Bloomington. (b) Definitions - (1) Protected residential property - any property within the City that meets all of the following requirements: " (A) The property is zoned R-l, R-IA, or RS-l and the property mayor may not also have a Planned Development (PD) Overlay classification; (B) The property is guided by the Comprehensive Plan for Low-Density Residential, Medium-Density Residential, or High-Density Residential; and (C) The property is used residentially or subdivided for residential use. (2) Designated residential property - any property within the City that meets all of the following requirements: (A) The property is zoned for residential use and the property mayor may notalso have a Planned Development (PD) Overlay classification; (B) The property is guided by the Comprehensive Plan for Low-Density Residential, Medium-Density Residential, or High-Density Residential; and (C) The property is used residentially or subdivided for residential use. (3) Structure height - (A) Buildings - the height of buildings shall be determined using 2 methods and both methods must comply with the restrictions of Section 19.47 (c) of the City Code. (i) the number of stories shall be determined by counting the total number of above-grade, habitable floors in the building and shall not include walk-out basements, attics, or underground parking; 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (ii) the height of buildings shall be determined by measuring the vertical distance from the lowest exterior grade of the building to the ceiling of the highest habitable story of the building. Habitable stories with sloped ceilings shall be measured to the base of the slope. (B) Parking structures - the height of parking structures shall be determined by measuring the vertical distance from the lowest exterior grade of the parking structure to the highest point of the permanent structure. . (C) Towers - the height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions of Section 19.47. (B) In all other zoning districts, the maximum height of any building or structure, excluding towers, . shall be as follows: Distance of Building: or Structure from the Property Lines of any Protected Residential Property Maximum Height: 0-30 feet 31-300 feet 2 stories/30 ft. 3 stories/40 ft. 301-600 feet 80 ft. over 600 f no limit (2) Towers. (A) In all designated residential property the maximum height of any tower, including all antennas and other attachments, shall be 30 feet; (B) In all residential zoning districts other than designated residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each four feet the tower is setback from designated residential property up to a maximum height of 100 feet. (C) In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from designated . residential property up to a maximum height of 100 feet in non-industrial zoning districts and 150 feet in industrial zoning districts. 6 of 14 7/14/003:18 PM - Special Ordinances - Tower/Wireless . . . 7 of 14 http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (d) Applicability - (1) In all zoning districts, the maximum height of any structure, building, or portion thereof, other than towers, 600 feet or greater from any protected residential property shall not be governed by Section 19.4 7 of this Code. (2) Exceptions - The requirements of Section 19.47 of this Code shall apply to all structures and developments otherwise permitted under this Code except: (A) planned developments, when approved as part of a preliminary and final development plan pursuant to Section 19.38.01 of this Code. (B) public utility structures, including but not limited to water towers, antennas, lights and signals, power and telephone poles, public safety radio towers, and poles supporting emergency warning devices. (C) church sanctuaries, steeples and bell towers. (D) multi-user towers may exceed the height limitations of Section 19.47 by up to 20 feet. (E) in accordance with the Federal Communications Commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height provided that a determination is made by the Planning Manager that the proposed tower height is technically necessary to successfully engage in amateur radio communications. (e) Noncompliance - Noncompliance of characteristics of structures and site development created by the application of Section 19.47 of this Code shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying characteristic or feature; however, in no instance shall the degree of noncompliance be increased except as otherwise permitted by this Code. (Code, 1958 S 8.08; Added by Ord. No. 54, 12-18-61; Ord. No. 90-42, 9-10-90; Ord. No. 96-25, 7-1-96; Ord. 982, 1-5-98) *** ARTICLE III. DISTRICT USES *** SEC. 19.27. SINGLE FAMILY RESIDENTIAL (R-IA, R-l) DISTRICTS. *** (c) Permitted accessory uses - *** (12) Towers supporting amateur radio antennas. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** (d) Conditional uses - *** 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm ' (38) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections . 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.27.01. LARGE LOT SINGLE FAMILY RESIDENTIAL DISTRICT RS-1. *** (b) Uses *** (2) Permitted Accessory Uses *** I. Towers supporting amateur radio antennas. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** (3) Conditional Uses - *** P. Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an . application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.28.01. MULTIPLE-FAMILY RESIDENTIAL (RM-12) DISTRICTS. *** (d) Conditional uses - *** (8) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEC. 19.28.02. MULTIPLE-FAMILY RESIDENTIAL (RM-24) DISTRICTS. *** (d) Conditional uses - . *** 8 of 14 7/14/003:18 PM , Special Ordinances - TowerlWireless . . . 9 of 14 http://www.cLbloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (7) Towers which meet the locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEC. 19.28.03. MULTIPLE-FAMILY RESIDENTIAL (RM-50) DISTRICTS. *** (d) Conditional uses - *** (6) Towers which meetthe locational requirements of Section 19.63.05, (b). When reviewing an application for a conditional use permit to erect a tower, it is not required that the City Council make the finding under Section 19.22, subparagraph (1) (E), of this Code. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.30. LIMITED BUSINESS (B-1) DISTRICTS. *** (d) Conditional uses - *** (13) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEC. 19.31. RETAIL BUSINESS (B-2) DISTRICTS. *** (d) Conditional uses - *** (30) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEe. 19.31.01. REGIONAL COMMERCIAL (CR-1) DISTRICTS. *** (d) Conditional uses - *** (6) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm. *** SEC. 19.32. GENERAL BUSINESS (B-3) DISTRICTS. *** . (d) Conditional uses - *** (8) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.33. INDUSTRIAL (I-I, 1-2, AND 1-3) DISTRICTS. *** (d) Conditional Uses - *** (28) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEe. 19.33.01. INDUSTRIAL PARK (IP) DISTRICT. *** . (d) Conditional Uses - *** (8) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.34. FREEWAY DEVELOPMENT (FD-l AND FD-2) DISTRICTS. *** (d) Conditional uses - *** (25) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.35. INSTITUTIONAL (IN-I) DISTRICTS. *** (d) Conditional uses - . *** 100f14 7/14/003:18 PM . Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm (9) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. . *** SEC. 19.37. CENTRAL BUSINESS (CB) DISTRICT. *** (d) Conditional uses - *** (14) Towers For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.40.06. MIXED USE DISTRICT CX-2. *** (d) Conditional uses - *** (20) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthisCode. *** . SEe. 19.40.07. COMMERCIAL SERVICE DISTRICTS CS-0.5 AND CS-l. *** (d) Conditional uses - *** (16) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEC. 19.40.07.01. HIGH INTENSITY MIXED USE DISTRICT HX-2. *** (c) Accessory Uses - *** (5) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** . SEC. 19.40.08. COMMERCIAL OFFICE DISTRICTS CS-0.5 AND CO-I. *** 11 of 14 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm . (d) Conditional uses - *** . (13) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 of this Code. *** SEC. 19.40.08.01 COMMERCIAL-OFFICE/MIXED USE DISTRICT CO-2. *** (d) Conditional uses - *** (16) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. *** SEC. 19.40.09. RESIDENTIAL OFFICE DISTRICT RO-24 AND RO-50. *** (d) Conditional uses - *** (6) Towers. For related provisions see Sections 15.14, 19.47, and 19.63.05 ofthis Code. . *** CHAPTER 15: BUILDINGS AND STRUCTURES *** ARTICLE I. BUILDING CODE *** SEC. 15.14. CONSTRUCTION AND MAINTENANCE OF ANTENNAE AND SUPPORTING TOWERS. (a) Definitions. The following words and terms, when used in this Section, shall have the following meanings unless the context clearly indicates otherwise: Antenna - Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. Tower - Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. (b) Permits. . (1) It shall be unlawful for any person, firm, or corporation to erect, construct in place, place or re-erect, 12 of 14 7/14/003:18 PM ~ Special Ordinances - Tower/Wireless . . . 13 of 14 http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm replace, or repair any tower without first making application to the Building and Inspection Division and securing a permit therefor as hereinafter provided. (2) The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons. (3) Permits are not required for: (A) Adjustment or replacement ofthe elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor. (B) Antennas and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that all requirements of Subsection (d) are met, with the exception of (d)(3)(C) which is waived. Temporary antennas shall be removed within 72 hours following installation. (c) Fee. The fee to be paid is that prescribed under Building Permit Fees, Section 15.183. (d) Construction Requirements. All antennas and towers erected, constructed, or within the City, and all wiring therefor, shall comply with the following requirements: (1) All applicable provisions of this Code. (2) Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association. (3 ) With the exception of necessary electric and telephone service and connection lines approved by the Issuing Authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of- way, public street, highway, sidewalk, or property line. (4) Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground. (6) Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. (7) All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. (8) Antennas and towers shall not be erected in any protected residential parcel as defined in Section 19.4 7 of this Code in violation of the following restrictions: (A) Notwithstanding the provisions of Section 19.47 of the Zoning Code, the required setback for antenna and tower not rigidly attached to a building, shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building, and whose base in on the ground, may exceed this required setback by the amount equal to the distance from the point of attachment to the ground. (B) No tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, 7/14/003:18 PM Special Ordinances - Tower/Wireless http://www.ci.bloomington.mn.us/ci...v/planning/regs/tower/towerord.htm , . less five feet. (C) Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall . be impregnated with rot resistant substances. (9) All towers erected within the city must conform 10 the applicable performance standards in Section 19.63.05 of this Code. (e) Existing Antennas and Towers. Antennas and towers in residential districts and in existence as of Mar~h. 15, 1973 which do not conform to or comply with this Section are subject to the following provIsIons: (1) Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Section. (2) If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this Section, provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be ten percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this Section. (f) Lights and Other Attachments. No antenna or tower in any protected residential parcel as defined in Section 19.47 of this Code shall have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. (g) Number of Towers and Antennas. Only one tower shall exist at anyone time on anyone protected . residential parcel as defined in Section 19.47 ofthis Code. (h) Inspections. All towers may be inspected at least once each year by an official of the Building and Inspection Division to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this Section. Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building and Inspection Division that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results. (i) Violations. Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. G) Interpretation. It is not the intention ofthis Section to interfere with, abrogate, or annul any covenant or other agreement between parties, provided, however, where this Section imposes a greater restriction upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations, or permits, or by covenants or agreements, the provisions of this Section shall govern. Quality Mmc. at an affordable pricel See disclaimers for legal information. . 14 of 14 7/14/003:18 PM