HomeMy WebLinkAboutNovember 8, 2000CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PLANNING AND ZONING COMMISSION
REGULAR MEETING
7:00 P.M. WEDNESDAY, Nevember 8, 2000
CITY COUNCIL CHAMBERS
590 N.E. 40TH AVENUE
Tom Ramsde//,
Ted
Stephen W. Johnson
Tamm~ra E~ic~o#
Roll Call
Minutes from the Planning and Zoning Commission meeting of October 3, 2000.
New Business:
Public Hearing
Conditional Use Permit
Case//2000-1127
Allen D. Rue
RE: 4000 N.E. 6"' Street
Columbia Heights, Mn.
Bo
Public Hearing
RezoninglPlat
Case//2000-1128
Real Estate Equities
RE: 825 N.E. 41" Ave.
Columbia Heights, Mn.
C. Site Plan Review
Case//2000-1129
Washburn McReavy
RE: 4101 Central Ave. N.E.
Staff Reports.
A. PUD Agreement for NEI
B. Tower Ordinance
5. Adjourn.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
Case: 2000-1127
Page: 1
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE NOVEMBER 8, 2000 PUBLIC HEARING
Case #: 2000-1127
GENERAL INFORMATION
Owner: Myron & Harriet Getter
Address: 3409 33rd Avenue NE
Mpls, MN 55418
Phone:
Parcel Address: 4000 6TM Street NE
Zoning: RB, Retail Business
Comprehensive Plan:
Surrounding Zoning
and Land Uses:
C - Commercial
Zoning
North: RB
South: RB
East: RB
West: RB
Applicant: Allen Rue, Mike Clairmont
4128 6th Street NE
Columbia Heights, MN 55421
(612) 618-2041
Land Use
North: Residential
South: Commercial
East: Commercial
West: Commercial
BACKGROUND
Explanation of Request:
This is a request for a Conditional Use Permit to open the Hy-Lander Drive-In, in the former A
& W building currently vacant at 4000 6th Street NE. The Hy-Lander Drive-In will provide
service to vehicles from existing drive-in lanes and will also take orders at a walk-up window for
take out. The business will be open seasonally from approximately April to October.
Case Histo~_ :
The only case history on the property was a sign variance that was denied in 1987.
ANALYSIS
Surrounding ProperS_:
The surrounding property on the south, west and east is zoned RB, Retail Business and is used
Case: 2000-1127
Page: 2
commercially.
The property to the north is zoned commercial and is zoned residentially.
Technical Review:
The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia
Heights Zoning Ordinance requires a Conditional Use Permit for a drive-in business in the RB
District. Subject to the following requirements:
· Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for
those serving food or drink. The proposed hours of operation are approximately ! 0:30
a.m. to l O: 30 p. m. Monday through Sunday. This proposal meets requirements.
· The entire area shall have a drainage system approved by the City Engineer. The City
Engineer has no concerns as this lot is existing and there are no surface or grade
changes proposed.
· The entire area other than that occupied by the structure or planting shall be surfaced with
a material which will control dust and drainage to the approval of the City Engineer. The
entire lot is currently hard surfaced which meets this requirement.
· A box curb at least six (6) inches above grade shall separate the public walk from the lot
except at approved entrances or exits. Box curbing or zero lot line landscaping would not
be required as the majority of the lot currently has unrestricted access onto 40th Avenue
and 6th Street. Staff would not recommend to install box curbing in front of the building
along 40th as this would restrict walk up access to the business.
· The lighting shall be accomplished in such a way as to have no direct source of light
visible from the public right-of-way or adjacent residential use.
Minimum Yard and Densi _ty Requirements are as follows:
· Lot frontage shall be a minimum of forty (40) feet and lot width shall be a minimum of
fifty (50) feet - The subject parcel has approximately 129feet of lot frontage and width
on 40th Avenue.
· No structure shall exceed three (3) stories or thirty-five (35) feet whichever is lesser - The
existing structure is well under this requirement at approximately fifleen (15)feet.
· No building shall be erected within ten (10) feet of any alley abutting the narrowest width
of the lot - The existing building meets this requirement.
· Minimum lot area shall be 6,000 square feet - The existing parcel is 5,184 square feet
falling short of the requirement. However, the lot is considered legal non-conforming and
is considered 'grandfathered'.
· Front Yard Setback shall be fifteen (15) feet - The existing structure is approximately 2.4
feet from the front property line. However, the structure is considered legal non-
conforming as long as the structure is not added onto.
· Side Yard Setback shall be 0 feet - The closest Side Yard Setback is 6.4feet from 6th
Street which meets requirements.
· Rear Yard Setback shall be ten (10) feet - The existing building is approximately 18feet
from rear property line which meets requirements.
· The floor area ratio shall not exceed 1.0 - the building has a O. 07floor area ratio which
meets requirements.
Case: 2000-1127
Page: 3
The applicant is not proposing any structural changes, however there will be exterior
enhancements made to the building as they pertain to redesign and remodeling. The applicant is
proposing to repair the roof as well as renewing the canopy and its lights. Visual improvements
would include replacement of front sidewalk, seal coating the existing driveway, as well as
building and directional signage. The proposal would include repair of broken curb and
pavement, along with seal-coating and re-striping. There is an existing privacy fence that sits on
the rear of the property which satisfies the ordinance for buffering residential properties from
commercial properties.
Parking requirements for a restaurant are at least one space for each three seats based on capacity
design. However, the drive-in proposed does not have interior seating, so it would be exempt
from this requirement. From the site plan proposed, there will be nine (9) drive-in service lanes.
There are currently no off-street parking requirements for drive-in restaurants.
Staff has spoken to Public Works regarding existing access directly onto 40th Avenue for the
proposed business. Public Works has no issues as all of the drive-in spaces of A & W formerly
had direct access onto 40th Avenue and the new proposal will utilize the same pattern (Refer to
site plan).
Solid waste material is required to be so located and fenced as to be removed from public view
and shall be kept in an enclosed building or properly contained for such purposes. The site plan
shows an existing dumpster on the north west comer of the lot which The Hy-Lander Drive-In
will continue to use. They will be required to fence the dumpster. The Site Plans submitted also
show lighting on site to remain as is, with proposed lighting under the canopy to be repaired for
the walk up window. The current Zoning Ordinance does not address minimum landscaping
standards for existing commercial sites.
Compliance with Ci~_ Comprehensive Plan:
The City Comprehensive Plan designates this area for future Commercial development. One
goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the 40th
Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the
rehabilitation of existing development land in the City. The proposal should not negatively
impact any adjacent residential areas and will provide an appropriate reuse of an existing
commercial drive-in building. The proposal seems consistent with the City Comprehensive Plan.
Summa~:
The positive aspects of this proposal are as follows:
· The proposal is consistent with the City Comprehensive Plan and minimum requirements
of the Zoning Ordinance are being met.
· The proposed drive-in will provide an appropriate reuse of vacant commercial space.
Case: 2000-1127
Page: 4
· Staff has reviewed Section 9.104(3)(0 of the Zoning Ordinance which addresses non-
conforming uses, and has determined that the existing structure is non-conforming, but
the former use and proposed use of the structure conform to the RB District.
The negative aspects of this proposal are as follows:
· The lot is non-conforming as it is less than 6,000 square feet in size. Because of the lot
size, the proposed drive-in use in severely restricted at this site.
· The existing building is non-conforming as it relates to setbacks. However, the applicant
has not proposed to add onto the existing structure. Future additions would not be
possible due to the lot size.
CONCLUSION
Staff Recommendation:
Staff recommends approval of the Conditional Use Permit to allow for the Hy-Lander Drive-In
in the Retail Business (RB) District, subject to the conditions listed in the recommended motion.
These Site Plans have been reviewed by the Fire Department and Public Works, and there appear
to be no major concerns.
Recommended Motion:
Move to recommend City Council approval of the Conditional Use Permit to allow the operation
of The Hy-Lander Drive-In at 4000 6th Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
2. The existing freestanding sign on the west side of the lot must be removed as it is non-
conforming. All future signage must be submitted on the City prescribed application form
and must fully comply with the Zoning Ordinance.
3. Staff would recommend to post no parking signs along 40th Avenue for the drive-in
spaces to continue to have direct access to 40th Avenue without being blocked in by
parked vehicles.
4. Solid waste material shall be so located and fenced as to be removed from public view or
shall be kept in an enclosed building.
5. Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m.
6. Lighting shall be accomplished in such a way so as to have no direct source of light
visible from the public right-of-way or adjacent residential properties.
Attachments:
· Completed application form; Site Plans; Narratives; Sample Menu; and Public Notice
Ail~a Rue
Mike Clairmont
q !28 6'~ St. NE
Columbia Heights, MN 55421
612-61g-2041
October 16, 2000
Columbia Heights City Hall
590 40t~ Avenue b~
Columbia Heights, MN 55421
Dear City Council Members:
Thank you for your attention on this matter. Our goal is to bring back a nostalgic
American eating experience to the people of Columbia Heights and it's neighboring
communities.
~!en Rue is a fifth-generation Columbia Heights resident. Allen has sixteen years
0fHotel.and Restaurant experience, including many management and supervisory
~si~:~S~-. Mike has ran a business for twelve years, he currently owns the Mike
Company. The mother of Mike Clairmont owns the property
proposed business.
; .... plans to renovate the site into a pleasant eating facility. Structural
improvements include repairing the inner and outer roof, renewing the canopy and
it'~:~s. Visual improvements include replacing the front sidewalk, seal coating
~veway, and new sign depicting the company logo.
We plan our success by providing a menu with a wider selection, larger portions,
better appeal through the use ofgamishes -homemade and hand-made foods--
cooked to order. The restaurant will have appeal as well as consistency, while
maintaining cost effectiveness. Our food will be of a higher quality than most fast
food restaurants while maintaining good value and competitive prices.
The friendly service and atmosphere that was provided by the root beer stand, as
when we ~ew up, will once again enhance our ne~hborhood. It has been missed.
Again, thank you for your attention.
Sincerely,
M;&e Chirmont ~~
· Allen Rue
· Mike Clamnont
Columbia Heights, MN 55421
· 612di18-2041
October ! 8, 2000
City Council Members
Columbia Heights City Hall
590 40m Avenue ~
Columbia Heights, MN 55421
RE: Addendum to letter dated October 16, 2000
The following stipulations on the original proposal restflt from the meeting with Tim
Johnson (planning & zoning official) on October 16, 2000.
~ hours of operation are as follows:
Rmming season will begin and end as the season permits. Opening will occur as
early as April 1, closing may occur as late as October 31, in any given year.
10:30AM- 10:00PM
10:30AM- 11:00PM
10:30AM- 9:00PM
Hy-Lander Drive Inn will service up to nine drive-in customers at a time. The only
entrance to the parking stalls of the new establishment will be on 6m Street. Si_m~
and arrows will direct drive-in patrons to the entrance location. Drive-in customers
will exit onto 40th Avenue from each stall (see attached site rnap for further detail)..
Sincerely,
MiZe C l~L.,'m, ont
11802.7.8.2.23 S
11802.7.8.10. B.3
CITY OF COLUMBIA HEIGHTS
..~pplication For:
Rezoning
Variance
Privacy Fence
Conditional Use Permit
Subdivision Approval
Site Plan Approval
Other
Application Date
Case No: ~%O0
Fee:/Zaoo ~.=e
Street Address of Subject Property..
Applicant:
Address: q/2g $¢ A/.S.
Phone,~- Zo V I
Description of Request:
ZoninK:
Applicable City Ordinance Number
Present Zoning,
Present Use
Section-
Proposed Zoning
Proposed Use
Reason for Request= ~/~
8. Exhibits Submitted (maps, diagrams, etc.>~P OF PA~L~&~/-~6r% OF 7-~F~I~
Acknowledgment and Signature: The undersigned hereby represents upon all of the
penalties of law, for the purpose of inducing the City of Columbia Heights to take the
action herein requested, that all statements herein are true and that all work herein
mentioned will be done in accordance with the Ordinances of the City of Columbia Heights
and the laws of the State of ~innesota.
Signature of Applicant :~ Date: /D'-/F'-~ ~
Taken By: ...
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612) 782-2800 TDD 782-2806
MEMBERS
T~d
Donna
Tama~a
S~p~n Joh~ao
PIAAf~/I/V6 A~VD ZO/VIAf6 COMMI$$10~/
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public bearing in the City Council
Chambers of City Hall, 590 40"' Avenue NE, at 7:00 PM on Wednesday, November 8, 2000. The order of business
is as follows:
A request for a Conditional Use Permit to allow for the former A & W Drive-in to be reopened as
the Hylander Drive-in business in the vacant building located at 4000 6"' Street N.E.
Section 9.113(2)(i) of the Retail Business Section of the Zoning Ordinance requires a Conditional
Use Permit for Drive-in businesses.
For questions you may contact Tim Johnson, City Planner, at 763-706-3673.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
jh
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 706-3611 to make arrangements. (TDDI706-3692 for deaf or
hearing impaired only.)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
Case: 2000-1128
Page: 1
Case #:
Owner:
Address:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE NOVEMBER 8, 2000 PUBLIC HEARING
2000-1128
NEI College of Technology
825 41st Avenue NE
Columbia Heights, MN 55421
GENERAL INFORMATION
Applicant:
Parcel Addresses:
Zoning:
Real Estate Equities
325 Cedar St., Suite 400
St. Paul, MN 55101
(651) 227-6925
825 41st Avenue NE, 4156 Central Avenue NE, 4150 Central Avenue NE
825 41st Avenue NE is zoned R-2, One and Two Family Residential
4156 Central Avenue NE is zoned CBD, Central Business District
4150 Central Avenue NE is zoned CBD, Central Business District
C - Commercial, MDR - Medium Density Residential
Comprehensive Plan:
Surrounding Zoning
and Land Uses:
Zoning
North: R-2 and RB
South: CBD and R-3
East: CBD
West: R-2
Land Use
North: Residential and Commercial
South: Comm., Res., Institutional
East: Commercial
West: Residential
BACKGROUND
Explanation of Request:
This is a request for Preliminary and Final Plat approval of the overall site encompassing NEI,
the proposed new senior living building, the rental townhomes, and the Ostrander parcel. The
Preliminary and Final Plat proposes to vacate some existing easements, and to establish some
new easements. There are also alley vacations proposed as well as new alley right-of-way
dedication with the Plat. There is an additional request for rezoning of the Ostrander parcel at
4157 Jackson Street NE from R-2 (single and two-family) to R-4 (multi-family), which was
recently purchased by Real Estate Equities but wasn't included as part of the original rezoning
approval. The Ostrander piece covers lots 29 and 30, Block 39, Columbia Heights Annex to
Minneapolis.
Case Histo~_ :
Case: 2000-1128
Page: 2
During the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend
and held two town meetings to facilitate community discussion and make recommendations for
improvements. One of their recommendations was the creation of a transition block on the
subject property which would consist of a variety of life cycle housing opportunities. In response
to this recommendation, the City applied for $771,000 of Livable Communities Demonstration
Account funds from the Metropolitan Council to help finance the project. At the time of the
application, the project consisted of 18 affordable rental units, 70 affordable independent living
senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that
we were awarded a grant in the amount of $575,000 for the project, $30,000 of which was
budgeted for the completion of a Master Redevelopment Plan for Downtown Columbia Heights.
Please note that the grant application was prepared in cooperation with Real Estate Equities
Development Company (the applicant) and Crest View Corporation which is partnering with
Real Estate Equities on the assisted living senior building.
825 41 st Avenue NE contains NEI College of Technology which has occupied the property since
1982. The original building was constructed in 1926 and was added to in 1951. It was first used
as the High School for Independent School District 13 and was later turned into the Junior High
School. 4150 Central Avenue NE is currently a vacant lot owned by the Columbia Heights
Economic Development Authority (EDA). 4156 Central Avenue NE is currently occupied by
Citywide Locksmith. Please note that the applicant has unsuccessfully attempted to enter into a
purchase agreement with the property owner of 4156 Central Avenue NE. As a result, the
applicant has requested that the EDA use the power of eminent domain to acquire the property.
However, as of this writing negotiations are in process to complete a voluntary sale.
ANALYSIS
Surrounding ProperS_:
The surrounding property on the east is zoned CBD, Central Business District and is used
commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and
Two Family Residential. The property zoned RB is currently vacant, but is the site of a planned
office building. Most of the property to the north is used residentially. The property to the south
is also a combination of commercial, residential, and institutional. The area to the west of the
subject property is zoned R-2 and is used residentially.
Technical Review:
Rezoning
The City Comprehensive Plan designates 4157 Jackson Street for future medium density
development. Medium density residential development should consist of four, six, and eight-
family townhouse buildings. The Plan states that appropriate zoning for medium density
residential is R-3, Multiple Family Residential. Appropriate zoning for the high density
residential designation is R-4, Multiple Family Residential. Applicable permitted uses in the R-4
District include multiple family dwelling structures, nursing homes, and public and private
schools. Multiple family dwelling structures and nursing homes are not permitted in the R-2 or
Case: 2000-1128
Page: 3
CBD Districts, so the original rezoning was necessary to accommodate the proposed uses.
As mentioned above, 825 41 st Avenue NE is zoned R-2, One and Two Family Residential; 4156
Central Avenue NE is zoned CBD, Central Business District; and 4150 Central Avenue NE is
zoned CBD, Central Business District. The original request to rezone all three properties to R-4,
Multiple Family Residential was approved by the Planning Commission and passed onto the City
Council in spring of 2000. The matter will be taken up again at the next Council meeting on
November 13, 2000. This new approval would incorporate the proposed rezoning of the
Ostrander parcel as well as the former rezoning of the rest of the NEI site.
Because the owner-occupied townhouse units have been removed from the proposal, the concept
is less consistent with the intent of the Comprehensive Plan than when the grant application was
submitted. However, because the subject property is designated for both commercial and
medium density residential, and because the development is being processed as a Planned Unit
Development, rezoning the property to R-4 is more appropriate than the R-3 designation. It is
staff's opinion that the project is still generally consistent with the intent of the Comp Plan.
The draft 2000 Comprehensive Plan designates the NEI site for future transit-oriented
development, and it is also identified as a potential redevelopment area. The Plan states that areas
designated for transit-oriented development will include service-oriented commercial/retail
development with high-density residential development providing the balance of the
development. The proposal is consistent with this recommendation. Although the Ostrander
piece hasn't been proposed for development other than for parking lot purposes, it will be
reviewed as part of an overall site rezoning at the next City Council meeting.
Plat
The proposed plat submitted indicates that the site will be divided into the following lots:
1. Lot 1, Block 2 will be approximately 1.6 acres in size and will contain the 22 rental units.
2. Lot 1, Block 3 will be roughly .65 acres and will contain the assisted living building.
3. Lot 1, Block 1 will be roughly 5.4 acres and will contain NEI College of Technology, the
Ostrander parcel, and related on-site parking.
A number of new easements are being proposed, and some existing easements will need to be
vacated.
1. Outlot A - drainage and utility easement for the relocated storm water pond. Please note
that the storm water pond is currently located where the assisted living building is
proposed. The size and location of the proposed pond is subject to final review and
approval by the Public Works Department.
2. The existing drainage and utility easement for the storm water pond and related piping
needs to be vacated.
3. A proposed drainage and utility easement is proposed around the rental units for a
proposed sanitary sewer line and water main to serve the four buildings.
4. There is a portion of a drainage and utility easement that encroaches into the proposed
Case: 2000-1128
Page: 4
Lot 1 that will need to be vacated.
5. Hedlund Engineering has submitted a list and description of all easements and right-of-
ways to be created and vacated in the Final Plat approvals.
Having reviewed the proposed plat, staffhas identified some issues that need to be addressed as
part of the approval of preliminary and final plat.
· Alleys - Currently, there is a north-south alley that is located west of the existing
commercial properties along Central Avenue which connects 41st and 42na Avenues. The
proposed senior building is located over the existing alley, so that portion of the right-of-
way will need to be vacated. Please note that staff has safety concerns about the proposed
alley which will contain two 90 degree turns, so staff will recommend as part of any final
approvals that the directional changes be clearly signed and marked, and a traffic impact
barrier (guardrail) be provided at the point where the alley turns away from Central
Avenue to travel around the proposed senior building. Staff would recommend that a
guardrail be placed next to the drainage pond (Outlot B), as a safety measure.
· The second alley that needs to be vacated is the north-south dead end alley abutting the
Ostrander parcel (Lots 29, 30; Block 39) on the east side, and perpendicular to 42na
Avenue NE. This alley needs to be vacated in conjunction with the plat and the rezoning
as it currently serves no purpose. The vacation of this alley would allow for future NEI
off-street parking according to the site plan.
MnDOT Metro Division has reviewed the Final Plat proposed and has submitted comments in
letter dated October 30, 2000 (see attached). In their review MnDOT found the Plat acceptable
and did not offer any suggestions for change. I have also spoken with Paul Bertleson from the
Anoka County Surveyor's office regarding the Final Plat, and he expressed no concerns. Anoka
County surveyors and engineers will review the Final Plat before it is filed to ensure that it meets
their requirements.
Miscellaneous
The Police Department has expressed no concerns with the Plat or rezoning proposed. Please
refer to the attached Memo dated March 27, 2000, from the Police Chief for more detailed
information regarding these concerns. The Fire Department has expressed no concerns with the
Final Plat or the proposed rezoning. The Fire Department initially had concerns regarding the
lack of fire lanes along 41st Avenue, but this issue appears to be addressed in the newest site
plans. However, these are not plat issues.
The positive aspects of this proposal are as follows:
· The rezoning of 4157 Jackson will allow for the entire NEI parcel to maintain consistent
zoning, and allow for future transit oriented development to occur.
The negative aspects of this proposal are as follows:
· The rezoning of the Ostrander parcel will not create any new tangible benefit or
development as it is being proposed to be used for overflow parking for NEI.
Case: 2000-1128
Page: 5
CONCLUSION
Sta_ff Recommendations :
Staff recommends approval of Ordinance 1411 (attached) which is an Ordinance rezoning the
subject property to R-4, Multiple Family Residential, as the proposal is generally consistent with
the intent of the City Comprehensive Plan. This recommendation will be subject to the
successful acquisition of 4 ! 56 Central Avenue NE through the eminent domain process.
Recommended Motions:
Move to recommend City Council adoption of Ordinance # which is an Ordinance rezoning
4157 Jackson Street NE to R-4, Multiple Family Residential District, as the property has been
acquired by Real Estate Equities, and the proposal is generally consistent with the intent of the
City Comprehensive Plan.
Move to recommend City Council approval of the Preliminary and Final Plat for the NEI site and
all that property identified on the plat as submitted at 825 41~t Avenue NE, 4150 Central Avenue
NE, and 4156 Central Avenue NE, and including 4157 Jackson Street NE, subject to the
following conditions.
1. City Council adoption of Ordinance # , rezoning the subject property to R-4, Multiple
Family Residential District.
2. The applicants will need to demonstrate interest in the property (i.e. ownership) before
the City Council will approve the Final Plat.
3. Successful negotiation of a development agreement(s) between the applicant and the
Columbia Heights Economic Development Authority.
4. The creation and vacation of pertinent drainage and utility easements shall be added to
plat and shall be approved by the City and the Public Works Department.
5. The creation and vacation of alley rights-of-way as shown on the plat.
6. Directional changes in the public alley shall be clearly signed and marked, and a traffic
impact barrier shall be provided at the point where the alley tums away from Central
Avenue to travel around the proposed senior building. A guardrail shall also be provided
next to the drainage pond (Outlot B) as a safety measure.
7. The traffic circulation system and all rights-of-way shall be clearly signed and marked on
the plat.
8. Utility companies shall be notified prior to any utility easement vacations that currently
house utilities.
9. Plat should be amended to reflect and spell out Block for legal description on plat.
10. The City Attorney and City Engineer shall review and approve the plat before recording.
Attachments:
· Completed application form; Ordinance #
Dept. comments; and, Public Notices
; City Department Comments; Public Works
Also please find the following plans attached: Preliminary and Final Plat; Preliminary
Grading Plan; Preliminary Utility Plan; Site Plan; MnDOT Letter
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
October 30, 2000
Mr. Tim Johnson, City Planner
City of Columbia Heights
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
Subject:
Northwestem 2na Addition -- MrffDOT - Metro Division Plat Review #P00-102
West of Trunk Highway 65 between 41 st and 42nd Avenues Northeast
Columbia Heights, Anoka County
Control Section 0207
Dear Mr. Johnson:
The Minnesota Department of Transportation (Mn/DQT) has reviewed the above referenced plat in
compliance with Minnesota Statute 505.03, subdivision 2, Plats and finds the plat acceptable with the
following comment:
Mn/DOT's policy is to assist local governments in promoting compatibility between land use and
highways. Residential uses located adjacent to highways often results in complaints about traffic
noise. Traffic noise from this highway could exceed noise standards established by the Minnesota
Pollution Control Agency, the U.S. Department of Housing and Urban Development and the U.S.
Department of Transportation. Mn/DOT policy regarding development adjacent to existing
highways prohibits the expenditure of highway funds for noise mitigation measures. The project
developer should assess the noise situation and take the action deemed necessary to minimize the
impacts of any highway noise. Please direct questions concerning Mn/DOT's noise policy to Jim
Hansen (651-582-1392) of our Transportation Planning section.
The City should be commended for submitting a complete submittal packet for Mn/DOT review.
Please address all future correspondence for development activity such as plats, site plans,
environmental reviews, and comprehensive plan amendments to:
Sherry Narusiewicz
Mn/DOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55113
Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and
two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a
plat and/or two (2) copies of other review documents will make a submittal incomplete and delay
MrffDOT's review and response to development proposals. We appreciate your anticipated
cooperation in providing the necessary number of copies, as this will prevent us from having to delay
and/or return incomplete submittals.
An equal opportunity employer
Feel free to contact me at (651) 582-1771 if should have any questions.
Senior TransportatiOn Planner/Local Government Liaison
Copy:
Jane Pemble, Anoka County
Larry Hoium, Anoka County
Roger Larson, Midwest Land Surveyors and Civil Engineers, Incorporated
Mn/DOT Division File - C.S. 0207
Mn/DOT LGL - Columbia Heights
CITY OF COLUMBIA HEIGHTS
$90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 ! -3878 (6 ! 2) 782-2800 TDD 782-2806
MEMBERS
Thomas Ramsdd, Chair
Ted Yelde
Dann. ~hmitt
~tephmn Johnsen
PLANNING AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Wednesday, November 8, 2000. The order of business
as follows:
A request to rezone property located at 4157 Jackson Street N.E. from R-2, Two-Family Residential,
to R-4, Multiple Family Residential, and a request for preliminary and final plat of the site generally
located at 825 N.E. 41" Avenue to allow for the construction of a 50 unit assisted living building and
22 rental townhome units.
All persons having an interest in the program will be given the opportunity to be heard. If you have any questions, you
may contact Tim Johnson, City Planner, at 763-706-3678.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment
or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for
handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the
City Council Secretary at 706-3611, to make arrangements. (TDDIT06-3692 for deaf or hearing impaired only.)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
COLUMBIA HEIGHTS FIRE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
TIM JOHNSON
GARY GORMAN
NEI PRELIMINARY PLANS
NOVEMBER 3, 2000
The Fire Department has reviewed the plans for the NEI development. At this time it
appears all previous issues have been addressed. The Fire department approves the
plans as presented.
COLUMBIA HEIGHTS FIRE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
KEN ANDERSON
GARY GORMAN
NEI DEVELOPMENT
MAY 3, 2000
This morning we had a meeting to discuss the newest version of the NEI block
redevelopment. Following is our list of questions and concerns that were discussed.
1. We would like to see a proposal for future hydrant locations. With the higher density
town homes and limited access to these buildings from the main streets/avenues,
additional hydrants will be needed.
2. The garages at the North end of the town homes has been moved north to allow for
access to both buildings C and D. This is acceptable to us.
3. The North/South driveway that is proposed in the courtyard between buildings C and
D is not needed. The driveway/parking lot at the north end will give us our access.
4. Distances from parking areas to the farthest points of building D is within the 150
foot distance of the Fire Code. We would like better access to the rear of this building
but lot size and topography may not allow it.
5. Developments such as these always give Fire Departments concerns due to higher
density of units, limited access for fire suppression, and the larger numbers of residents
due to the many 3 and 4 bedroom units. One suggestion to alleviate some of this
concern and to give residents a longer window of opportunity to evacuate these
building safely, is to install residential sprinklers in all four buildings.
6. The new parking plan along 41st avenue does not provide us with any fire lane. We
require designated fire lane space along 41st. Avenue. Also, it appeared there may be
designated parking spaces along the south side of 41 ~ Avenue. Though we cannot
regulate parking in front of residential homes, I hope that these residents are aware of
the restrictions it will put on the services we provide. This also holds true for the
People's Church.
Please contact us with any questions or concerns regarding these items.
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
FROM:
Joe Hollman, City Planner
Thomas M. Johnson, Chief of Police~
SUBJECT: Case #2000-20407 and 2000-0408, Rezoning of NEI Property
DATE: March 27, 2000
The Police Department has no issues with case #2000-0407.
Reference case #2000-0408, the Police Depamnent is supportive of the 50 unit assisted living senior building
designated for the southwest comer of this property. We would suggest the addition-if it is not already in
the plan-of underground secure parking tbr both residents and employees. As you know from past
experience, vehicle theft, vehicle break in, and vehicle damage can be a major problem in areas such as these.
We are also concerned with the outsid.e parking setup in the area being next to the rental town homes and
our past experience with thefts and damage to autos in the NEI parking lot. We would recommend some
high intensity lighting in this area to deter theft and vandalism. We do not feel that the location of the rental
units will ~ve the seniors a sense of security within their homes.
We have some major concerns with the "affordable rental town home" concept. Our concerns are that our
city now has several areas of high density rental that take a great deal of city resources. We feel the
proximity of the rental units to the senior units and the business area predestines this area to be a high crime
area. We would suggest minimally that at least every other town home be owner occupied. Ownership
brings with it accountability and responsibility. We would suggest a possible program such as "sweat
equity," or Habitat for Humanity for assisting with getting home owners into these properties-not just renters.
The Police Department also has a problem with the diagonal parking proposed for in front of NEI. With the
traffic volumes in this area and the natural increase that ~vill take place if the project goes forward, xve
foresee many more accidents in this area caused by people backing out and into oncoming traffic. At this
time this area requires a relatively low amount of police and city resources. Every driving school we are
aware of suggests pulling out into traffic rather than backing into traffic. This will also have a dramatic
effect during our winter months when no parking is allowed on the streets from November to April. We feel
it would be in the best interest of the people using these facilities to have limited on street parking and
directing them to parking lots and ramps in the area.
The Police Department understands the need for the housing listed. We requested your utmost attention to
the issues we may be creating if the plan goes as proposed.
TbfJ:mld
00-93
ORDINANCE NO. 1411
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE KEZONING OF CERTAIN PROPERTY
Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition.
Section 2:
Section 3:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning fi:om R-2, One and Two Family Residential District, to R4,
Multiple Family Residential District, upon the effective date of said ordinance.
That certain property legally described as Lot 2 and the south 11 feet of Lot 1,
Block 38, Columbia Heights Annex to Minneapolis.
Section 4:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning from CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said ordinance.
Section 5:
That certain property legally described as Lot 2, except the south 11 feet, Block
38, Columbia Heights Annex to Minneapolis.
Section 6:
To authorize and direct staff to amend the official zoning map to reflect the
change in zoning fi:om CBD, Central Business District, to R-4, Multiple Family
Residential District, upon the effective date of said Ordinance.
Section 7:
This ordinance shall be in full force and effect fi:om and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Patricia Muscovitz, Deputy City Clerk
Mayor Gary L. Peterson
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Case: 2000-1129
Page: 1
Case #:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE NOVEMBER 8, 2000 PUBLIC HEARING
2000-1129
GENERAL INFORMATION
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN
Owner:
Address:
Phone:
Parcel Address: 4101 Central Avenue NE
Zoning: CBD, Central Business District
Comprehensive Plan: C, Commercial
Applicant:
Washburn McReavy
2901 Johnson Street NE
Minneapolis, MN
(612) 781-6828
Surrounding Zoning
and Land Uses:
Zoning
North: CBD
South: CBD
East: CBD and R-4
West: CBD
Land Use
North: Commercial
South: Commercial
East: Residential
West: Commercial
BACKGROUND
Explanation of Request:
This is a request for site plan approval to allow for the former Norwest Bank Building to be
converted into a Washburn McReavy Funeral Home at 4101 Central Avenue NE. The proposed
building is roughly 6,480 square feet with the proposed garage addition.
Case Histo~_ :
The most recent use of the site was a Norwest Bank Business, and prior to that, a Federal Savings
and Loan Business. The case history of this property showed a few sign variances from the early
1980's.
ANALYSIS
Surrounding Property:
The property to the north and east is zoned CBD, Central Business District, and is used
commercially. There is also adjacent property to the east that is zoned R-4, Multi-Family and is
used residentially. The surrounding property to the south and west is zoned CBD, and is used
commercially.
Case: 2000-1129
Page: 2
Technical Review:
The subject property is zoned CBD, and according to Section 9.112(1) of the Columbia Heights
Zoning Ordinance funeral homes are not listed as a specific permitted use in this district.
However, they are listed as a permitted use in the LB (Limited Business District). Staff and the
City Attorney have reviewed the permitted uses in the CBD and believe that Funeral Homes are
similar in nature to the uses generally permitted in this district. Because the existing Taylor
Funeral Home located on 40th Avenue is currently in the Central Business District, the Washburn
McReavy Funeral Home proposed in the CBD appears to also be an appropriate use. The
intensity and land use impact of a Funeral Home in the Central Business District seem to be
consistent with the listed permitted uses and can be considered a permitted use. The new draft
zoning ordinance also addresses Funeral Homes as being allowed in the CBD District.
Minimum Yard and Density Requirements are as follows:
· The Floor Area Ratio shall not exceed 6.0 - The proposed Floor Area Ratio is .17, which
meets the minimum requirements.
· Minimum frontage shall be twenty (20) feet - The current site has approximately two
hundred feet of frontage, meeting requirements.
· Front Yard Setback shall be one (1) foot - The existing building is approximately eight
(8) feet from the front property line, meeting requirements.
Parking requirements for undertaking establishments are based on the maximum seating capacity
of the business. According to Section 9.116(4)(v) of the ordinance, one (1) parking space is
required for each five (5) seats. A site plan submitted indicates that Washburn McReavy Funeral
Home will have a maximum fixed seating capacity of one hundred fifty four (154). The site plan
proposed shows forty three (43) off-street parking spaces, of which two are handicapped. In
addition, one (1) space is required for each 250 square feet of floor area not used for seating.
According to staff calculations, thirty nine (39) parking spaces are required, which meet the
requirements. Although the ordinance does not require it, the access aisles proposed for this
newly configured lot are at least twenty four (24) feet. The Zoning Ordinance requires that all
open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter
of the parking area and a curb of no less than 5 feet from a building that has parking around it.
The site plan indicates that there will be perimeter concrete curb provided along with a curb and
concrete sidewalk along the building.
Staff has reviewed the new garage addition proposed on the east side of the building which will
be built to match the existing structure and which meets all required setbacks from property lines.
The garage addition will be used for casket display and funeral vehicle storage. With this
addition, new landscaping is being proposed as is traditional at all Washburn McReavy Funeral
Homes. New trees and landscaping will be planted on the north and west sides of the building, as
well as new sodding and an irrigation system (refer to site plan). New lighting is also proposed
on site, along the Central Avenue entrance as well as the along the perimeter of the lot for
security and aesthetic purposes. Staff will need to follow up to ensure that the lighting plan does
not exceed three (3) foot candles at the property line. At this point, staff hasn't reviewed any
specific plans for signage, although the applicant has indicated that they are planning on
Case: 2000-1129
Page: 3
installing flush mounted signage into the existing vacant cans which housed the former signage.
Compliance with Ci~_ Comprehensive Plan:
The City Comprehensive Plan designates this area for future commercial development. This
proposal complies with future land use forecasting for this parcel. The new Comprehensive Plan
also designates this area for future commercial use.
The positive aspects of this proposal are as follows:
1. The proposal meets the minimum requirements of the Zoning Ordinance.
2. The proposal is consistent in nature with other permitted commercial businesses in the
Central Business District.
The negative aspects of this proposal are as follows:
1. There are no apparent negative aspects to this proposal.
CONCLUSION
Staff Recommendation:
Staff recommends approval of the site plan to allow for Washburn McReavy Funeral Home to
occupy the former Norwest Bank Building and to construct a 1,680 square foot garage addition at
4101 Central Avenue NE, subject to the conditions listed in the recommended motion. Both
Public works, Police and the Fire Department have received the plans and have expressed no
concerns with the proposal. Staff also spoke with a MnDOT official regarding this change in use
which abuts a Trunk Highway. The MnDOT official indicated that he didn't anticipate any
changes or concerns with this proposal. MnDOT will do a final review before occupancy.
Recommended Motion:
Move to approve the site plan to allow Washburn McReavy Funeral Home to occupy the existing
building at 4101 Central Avenue NE, and to allow for the construction of a 1680 square foot
garage addition, subject to the following conditions:
A lighting plan will need to be reviewed and approved by staff before any additional
lighting is installed on the site.
MnDOT site plan review of site access for change in use will be required prior to
certificate of occupancy.
All proposed signage must be submitted on the City prescribed application form and must
fully comply with the Zoning Ordinance.
Attachments:
· Completed application form; Revised Site Plan; Floor Plans; Plan Reviews (Public
Works and Fire Department); and Elevation Views
CITY OF COLUMBIA HEIGHTS
Public Works Department
TO:
TIM JOHNSON, CITY PLANNER
FROM:
KEVIN HANSEN
PUBLIC WORKS DIRECTOR/CITY ENGINEER
DATE: November 2, 2000
SUBJECT: PLAN REVIEW FOR WASHBURN McREAVY BUILDING
I have reviewed the Plan Sheets dated September 7, 2000 and have the following
requirement/comments:
· The existing hard surface area and/or drainage patterns are not changing significantly
which provides little or no change to site surface drainage.
· Because the property abuts a Trunk Highway, plans should be forwarded to MnDOT for
their review. I do not anticipate any significant comments from MnDOT as there are no
proposed changes to access.
· The site plan provides that all work will be conducted outside of the public ROW, which
should not significantly impact the planned Central Avenue Improvements in 2001.
· The new owner should be made aware of the planned improvements to Central Avenue in
2001 and the schedule of the construction related activities.
· If any changes to the building utility services are required, the City Engineering
department should be contacted in advance. The review plans did indicate any changes to
the sewer or water services.
If you have any questions or need further information, please contact me at ext. 705.
Cc: Lauren McClanahan, Public Works Superintendent
Kathy Young, Assistant City Engineer
G: XUsemXPublic Works\plan reviews~2000\Washburn McReavy_4101 Central.doc
COLUMBIA HEIGHTS FIRE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
TIM JOHNSON
GARY GORMAN
WASHBURN MCREAVY
NOVEMBER 3, 2000
PRELIMINARY PLANS
The Fire Department has reviewed the plans for the Washburn McReavy funeral
chapel. At this time there doesn't appear to be any issues of concern. The Fire
department approves the plans as presented.
CITY OF COLUMBIA HEIGHTS
Application For:
Rezoning
Variance
Privacy Fence
Conditional Use Permit
Subdivision Approval
Site Plan Approval
Other
1. Street Address of Subject Property:
2. Legal Description of Subject Property:
Applicant:
Address, ._ _
Phone:
Zoning:
Applicable City Ordinance Number
Present Zoning
Present Use
7. Reason for Request:
Section
Proposed Zoning
Proposed Use
8. Exhibits Submitted (maps, diagrams, etc.)
9. Acknowledgment and Signature: The undersigned hereby represents upon all of the
penalties of law, for the purpose of inducing the City of Columbia Heights to take the
-~ action herein requested, that all s~kem~i.n are true and that all work herein
mentioned will be done in accordan~th the _.Ordnances of the City of Columbia Heights
and the laws of the State of Minn~ta. (
~ Signature of Applican _ Date:
JAN-08-1900 ~0:28 R.O1
.~0!.;' 3:'9:9 6:', :.'
(6 ti2.) 7.6 ? - 1000
· FAX:.': (612) 377-7306
JAN-OB-1900 20:28
P.
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BUILDING
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Central A~e~e N.E.
/
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2005 PIN OAK DRI~
E^GAH. MINNE$OT^ 55122
PHONE: (6",1) 403-G600
FAX: (651) 40~-6606
R~-tdall C. Hedlund, Minn. No. 19576
! ! /i ~i!l
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS~ MN 55421-3878 (6! 2) 782-2800 TDD 782-2806
~ COMMUNITY DEVELOPMENT
DATE:
NOVEMBER 3, 2000
TO:
PLANNING COMMISSION
FROM:
TIM JOHNSON, CITY PLANNER
NEI TRANSITION BLOCK PLANNED UNIT DEVELOPMENT AGREEMENT
Staff has forwarded a copy of the proposed Planned Unit Development Agreement for the NEI site for
the Planning Commission to review. Staff would like the Planning Commission to review the PUD
Agreement prepared by attorneys for the City of Columbia Heights, NEI College of Technology, and
Columbia Heights Transition Block LLC (developer).
Background:
As you should be aware, the NEI project has been on-going for some time, and the public hearing
process was started in the spring of 2000. The Planned Unit Development Agreement is an agreement
outlining the specific development standards and concessions proposed to be given to NEI and its
counterparts as part of the redevelopment process. Specific concessions that the Planning and Zoning
Commissioner's should be aware of are detailed in this agreement as they relate to variances. The
concessions are all addressed in this agreement and include setback variances for the townhome
buildings, parking arrangements, open space conveyance; and park dedication, just to name a few issues.
This type of agreement is typical of any new development and spells out any outstanding issues. The
major concession of the agreement allows for NEI to be able to rebuild their building in the same
footprint and at the same height as the existing structure if the structure would be destroyed or damaged
in any way. NEI was unwilling to follow through on any deal or concessions unless the City agreed to
allow for this language in the PUD Agreement. Staff will be available to discuss the terms of the
agreement in more detail at the meeting.
Recommendation:
Staff would like for the Planning Commission to review this document and make a motion approving the
agreement. This agreement will then be forwarded onto the City Council for final review and approval.
Recommended motion:
Move to recommend City Council approval of the Planned Unit Development Agreement between the
City Of Columbia Heights, NEI College of Technology, and Columbia Heights Transition Block, LLC;
and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT or THE PROVISION Of SERVICES
EQUAL OPPORTUNITY EMPLOYER
L&V Draft Jr9/t--3/00-} 110/9/00]
PLANNED UNIT DEVELOPMENT AGREEMENT
This Agreement is made and entered into this __ day of ,2000, by and
between the City of Columbia Heights, a Minnesota municipal corporation (the "City"), NEI
College of Technology, a Minnesota nonprofit corporation CNEI") and Columbia Heights
Transition Block LLC, a Minnesota limited liability company (the "Developer")~.
WITNESSETH:
WHEREAS, the NEI is the fee owner of certain real property in Anoka County,
Minnesota, legally described on the attached Exhibit "A" (the "NEI Parcel"); and
WHEREAS, the Developer~ is the fee owner certain real property legally described on
the attached Exhibits "B-1" and "B-2" (the "Developer Parcels"); and
WHEREAS, NEI and the Developer are assembling the NEI Parcel and the Developer
Parcels from several owners and have platted the same as the "Real Estate Equities Addition"
attached hereto as Exhibit C; and
WHEREAS, the Developer intends to transfer3 the real estate as legally described on
Exhibit "B-l" (the "Rental Townhomes Parcel") to Columbia Heights Housing Limited
Partnership I, a Minnesota limited partnership (the "Rental Townhomes Owner") for
development into multifamily rental townhomes; and
WHEREAS, the Developer intends to transfer4 the real estate as legally described on
Exhibit "B-2" (the "Senior Housing Parcel") to Crest View ONDC I, a Minnesota nonprofit
corporation (the "Senior Housing Owner") for development into a senior assisted living facility;
and
WHEREAS, as used herein, the NEI Parcel, the Rental Townhomes Parcel and the Senior
Housing Parcel are collectively referred to herein as the "Property"; and
WHEREAS, the Developer5, on behalf of the Rental Townhomes Owner and the Senior
Housing Owner, has made application to the City for approval of a development plan and a site
plan for the Property; has requested rezoning of the Property from R-2, One and Two Family
Residential, to R-4, Multiple Family Residential, and from Central Business District ("CBD") to
R-4; [ ~ag requezte~vv.~""'~;.~... ..... ~'4.~.vw,,~ has applied for a Conditional Use Permit to provide for a
planned unit development ("PUD") project and PUD Agreement relating to the Property pursuant
~ Parties to agreement are to include N'E1, the City and fee owners of Developer Parcels on date of
execution. Columbia Heights Transition Block LLC shall not be a party if rights under purchase
agreement are fully assigned to Rental Townhomes Owner and Senior Housing Owner at or prior to
closing and such parties purchase Developer Parcels].
2 Recital to be deleted if Purchase Agreement has been fully assigned.
~ Recital to be clarified of Rental Townhomes Owner is fee owner on date of execution.
n Recital to be clarified of Senior Housing Owner is fee owner on date of execution
5 Del'me Columbia Heights Transition Block LLC as "Developer" here, if not a party to agreement.
Doc#1252922 v3 2
to Section 9.116(17) of the City of Columbia Heights Zoning Ordinance (the "Conditional Use
Permit"), and has requested approval of the subdivision of the Property according to the plat of
Real Estate Equities Addition; and
WHEREAS, NEI has requested rezoning of the NEI Parcel from R-2, One and Two
Family Residential, to R-4, Multi-family Residential, has consented to the application of the
Developer for a Conditional Use Permit for a planned unit development project and PUD
Agreement relating to all of the Property pursuant to Section 9.116(17) of the City of Columbia
Heights Zoning Ordinance (the "Conditional Use Permit"), and has requested approval of the
subdivision of the property according to the plat of Real Estate Equities Addition; and
WHEREAS, the City has agreed to allow the Developer to vary the standards for
development which would be expected if the Property were developed according to the City's R-
4 zoning district in conformance with the City of Columbia Heights Code, but only if the
Developer and NEI agree to the terms and conditions set forth in this Agreement; and
WHEREAS, on the __ day of ., 2000, by resolution no. ~, the City
Council granted approval of a site plan for the Property ("Site Plan") in the form attached hereto
as Exhibit "D" and incorporated by reference -{xcc,~a~t/~ae~[(sometimes] called "Final Plan" per
Ord. Sec. 9.116(17)u,m DI, granted approval of the Conditional Use Permit for this planned unit
development project and PUD Agreement, granted plat approval for the plat of "Real Estate
Equities Addition", [e,.~..w~*~'~ *~'...v .... . ~.~.w~": ........ ~vv..v~:'~'~ -~-,,c"~ ~ all subject to execution of this Planned
Unit Development Agreement by the Developer, NEI and the City; and
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, the parties agree6 as follows:
I. ZONING, USE AND DEVELOPMENT STANDARDS
Planned Unit Development. This PUD Agreement is an agreement described in
City of Columbia Heights Zoning Code Section 9.116(17) Planned Unit
Development. Authorization of a Planned Unit Development and therefore a
Planned Unit Development Agreement may be by conditional use permit pursuant
to Minn. Stat. {}462.3595 (subd. 1). Subsequent to the execution of this Planned
Unit Development Agreement, enforcement shall be by Planned Unit
Development standards [(Columbia Heights Ord. Sec. 9.116(17)], and not by
conditional use standards [(Columbia Heights Ord. Sec. 9.105(5)].
Bo
Tills. NE1 warrants that it has fee title to the NEI Parcel and Developer warrants
that it has fee title to the Rental Townhomes Parcel and the Senior Housing
Parcel.
Co
Comprehensive Plan Compliance. The City's Comprehensive Plan is dated
September 30, 1992. At pages 28 through 31 the Comprehensive Plan suggests
~ References throughout to obligations of the "Developer" shall be deleted if the Developer is not a party
to this Agreement. All obligations of Developer to "cause" the Rental Townhomes Owner or the Senior
Housing Owner to perform shall be changed to direct obligations of such parties.
Doc#1252922 v3 3
Do
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that the Property be rezoned to R-3. However, the City recognized that this land
is in a redevelopment area and, at the suggestion of the Columbia Heights
Redevelopment Authority, the City believed that a better use of this Property in
conjunction with redevelopment along Central Avenue would be to rezone the
Property to R-4. The Property was rezoned to R-4 earlier in the year 2000.
Further, the City's Year 2000 Comprehensive Plan Amendment, which has been
sent to the Metropolitan Council for review but which is not yet back approved,
further contemplates redevelopment in the Central Avenue area in general and in
this specific neighborhood in particular. The City finds that the rezoning of this
property to R-4 together with this PUD Agreement creates a proper use of this
land and is in full compliance with the City's ~ ...... u~,~,,; .... ~n,~
[Comprehensive Plan] as amended.
Zoning.
The Rental Townhomes Parcel and Senior Housing Parcel Jcmay-}- [shall]
be used solely for multiple family residential uses, including accessory
uses related thereto, and shall be regulated by the terms and conditions of
the City's zoning regulations for R-4 Multiple Family Residential,
[subjectl to the specific limitations on use in this PUD Agreement.
o
The NEI Parcel is presently being used and may continue to be used as a
private nonprofit vocational school as a permitted use in Zone R-4.
Present and future use of the NEI Parcel shall be regulated by the terms
and conditions of the City's zoning regulations governing real property in
the R-4 "Multiple Family Residential Use" zone, except as otherwise
provided by this PUD Agreement.
Procedural Compliance. Heretofore the City has received, reviewed and approved
all necessary applications for concept plan and preliminary plan ~qmd-finds-l~
]-[approval. To the best of the City's knowledge, ali such] applications -[4o-b~
[are] tm~ and correct. On the __ day of ,2000 the City
approved the preliminary plan as required by Ord. Sec. 9.116(17)(a). This PUD
Agreement and thet----~-~'"'~ v.~.,"~"'"~ [Final Plan] which it accompanies were
approved by the City Council at its regular City Council meeting on the __ day
of ,2000 in conformance with Section 9.116(17)(a)(i).
Qv~rall Development Standards/Variances.
The City accepts that the preliminary plan requirements
specified in Ord. Sec. 9.116(17)(b) and (c) have been
It~ [satisfied. Thel City accepts Outlot A as a "private accessway"
pursuant to Ord. Sec. 9.116(17)(c)(iv) ,~o ~;.~ ~
p~afit~[, acceptable for: (a) the Rental Townhouse Parcel for R-4
residential purposes; (b) the NEI Parcel for school purposes; and (c)
both parcels for all uses which are permitted in the R-4 zoning
district. The City shall allow] the Developer and/or NEI to widen Outlot
Doc #1252922 v3 4
0
o
A to 28 feet to be a "private roadway" at the discretion of either party.
~-~.~. ,,....;...+ ............. ,, ;~ ....+. ,, .... ; .....~,, c~..+,^+ ^ ;. aeee"+e~v-~ ~ ~'''
The City accepts that each of the three separate parcels has
at least 10% open space as required by ]City of Columbia Heights
Zoning Code Ord. Sec. 9.116(17)(c)(vii).
Notwithstanding the requirement in City of Columbia
Heights Zoning Code Ord. Sec. 9. __ that the open spaces on the
three parcels be conveyed by the owners thereof to the City, the City
shall not require such conveyance on the condition that each parcel
maintain at least 10% open space as required by City of Columbia
Heights Zoning Code] Ord. Sec. 9.116(17)(c)(vii).
x,-+...;,~..,~-~:-~ ,~.~ ..~.,;..,; .... +'c~.~ c~ o ~, ~17)(., Cit5 did
A new Drainage ~d Ponding E~ement wi~ su~ey exhibit is attached
hereto ~ E~ibit {__} lEI. The panics hereto accept this ~ainage ~d
ponding ~gement ~ being for their mutual ~ [benefit.
The] p~ies ~d~st~d that a si~i~c~t obligation of the ~ainage ~d
~nding ~ ]easement] is that in ~..~y,....~.+;~.~l --~----,"+~ [the event
of a s~called "100 year storm",] the retention pond will back-up due to
· e ~ outflow limitation lin the Drainage and Ponding
Easement]. ~e b~k-up [wi~h} water will generally ~ ]extend
from the pond] westerly into [what is presently] NEI's p~king lot.
Understanding the burden the Drainage and Ponding Easement places on
the NEI Parcel, the Developer and the City agree that NEI[, at its sole cost
and expense (subject to such agreements to the contrary as shall be
made subsequent to this Agreement),] may expand the size of the
stormwater retention pond westerly onto Outlot C and thereby comply
with the outflow limitations "~u-,~ the Drainage and Ponding Easement
requires[,] but at the expense of the loss of the parking spaces on Outlot C.
In the event NEI so elects, NEI will nevertheless be obliged to comply
with City parking requirements by installing more parking spaces
elsewhere or potentially reducing its student enrollment.
[5.
In satisfaction of the requirement in City of Columbia Heights Zoning
Code Ord. Sec. that, in connection with any subdivision, a park
dedication fee shall be payable before issuance of the plat for the
subdivision, the parties agree that the Developer shall pay to the City
Doc#1252922 v3 5
a park dedication fee in the amount of $ .]
Go
ld~e and Development Standards.
Rental Townhomes. The Developer or the Rental Townhomes Owner
' .... ~ [shall] develop f~"' .... ;'~';~ the Rental Townhomes Parcel
according to the approved Site ['lan and the development standards set
forth in this Section G. As used in this section, the term "Townhomes"
means the multifamily rental townhomes developed by Developer or the
Rental Townhomes Owner on the Rental Townhomes Parcel. The Site
Plan depicts the layout.
Densi_ty. Developer or the Rental Townhomes Owner shall
construct on the Rental Townhomes Parcel four buildings
consisting of twenty-two (22) unit multifamily rental housing
townhomes and one garage building pursuant to the Site Plan.
[[Notwithstanding the requirement in City of Columbia
Heights Zoning Code Ord. ~ that density in an R-4 zoning
district must not exceed units per acre, the Rental
Townhomes Parcel density of 14.943 units per acre is
permitted pursuant to this PUD Agreement. Il
b. Setbacks.
(1)
(2)
(3)
(4)
(5)
No principal building shall be nearer than its height to the
rear or side lot line when such lot lines abuts an R-1 or R-2
zoning district.
No building shall be located less than fifteen (15) feet from
the back of the curb on roadways and accessways, and
three (3) feet on all service roads.
No building shall be nearer to another building than one-
half (1/2) the sum of the height of the two buildings.
No building shall be located
less than fifteen (15) feet from the back of the curb on
roadways and accessways, and three (3) feet from the back
of the curb on service roads.
Notwithstanding the
requirement in City of Columbia Heights Zoning Code
Ord. 9.110 (4)(iii) that the side yard shall be one-fourth
the height of the building or ten (10) feet, whichever is
greater, the building identified as Rental Townhome
Number I on the attached Site Plan may have side
yards of 8 ½ feet on the west property line and 9 ½ feet
from the east property line of the Rental Townhomes
Parcel, and the buildings identified as Rental
Doc #1252922 v3
6
Co
Townhome Number 3 and Rental Townhome Number 4
may have side yards of 6 feet.]
Height. The height of the Rental Townhomes is restricted to 35
feet or three (3) stories measured from the elevation of the curb
line of 41st Avenue NE.
do
Access and Parking. Access to the Rental
Townhomes shall be via Outlot A for all public and private
purposes. The Rental Townhomes will have a minimum parking
requirement of thirty-nine (39) parking spaces which shall be
comprised of garages and open parking spaces all as shown on the
Site Plan.
[e.
Screening. Notwithstanding the requirement in City of
Columbia Heights Zoning Code Ord. 9.117 (3) that there be
screening where any business is adjacent to or across the street
or alley from and within three hundred (300) feet of property
zoned or developed for residential use, screening shall not be
required between the Rental Townhomes on the easterly
property line of the Rental Townhomes Parcel and the
property which is used for commercial purposes to the east of
the Rental Townhomes Property.]
$0nior Housing. The Developer or the Senior Housing Owner shall
develop the Senior Housing Parcel according to the approved Site Plan
and the development standards set forth in this Section G. As used in this
section, the term "Senior Housing" means the assisted living facility to be
developed by Developer or the Senior Housing Owner on the Senior
Housing Parcel. The Senior Housing Parcel shall at all times be used
primarily as a residential living facility for persons aged 55 and older. The
Site Plan depicts the layout.
ao
~. Developer or the Senior Housing Owner may construct
on the Senior Housing Parcel a fifty (50) unit assisted living
facility pursuant to the Site Plan.
b. Setbacks.
(1)
(2)
(3)
No principal building shall be nearer than its height to the
rear or side lot line when such lot lines abuts an R-1 or R-2
zoning district.
No building shall be located less than fifteen (15) feet from
the back of the curb on roadways and accessways, and
three (3) feet on all service roads.
No building shall be nearer to another building than one-
half (1/2) the sum of the height of the two buildings.
Doc #1252922 v3 7
at
do
(4) No building shall be located less than fifteen (15) feet from
the back of the curb on roadways and accessways, and
three (3) feet from the back of the curb on service roads.
Height. The height of the Senior Housing Building is restricted to
40 feet measured from the elevation ~c ~. ..... 1. u~ ^c r.~
~ [at the west side of the Senior Housing Building]. The
height of the ~11:l~:~tv---~---e,, [Senior Housing Building] exceeds the
R-4 standard by __ feet, but is permitted pursuant to this PUD
Agreement.
Access and Parking. Access to the Senior
Housing Building shall be via 42nd Avenue N.E. and the public
alley lying westerly and southerly of the parcel. The Senior
Housing Building will have a minimum parking requirement of
twenty-five (25) parking spaces, but no outside loading dock, all as
shown on the Site Plan. Nine (9) of the twenty-five (25) required
parking spaces may be via a permanent parking easement over part
of the NEI Parcel as shown on the Site Plan. [For purposes of
calculating required off-street parking pursuant to City of
Columbia Heights Zoning Code Ord. 9.116(4), the Senior
Housing Building shall be treated as a nursing home under
subsection (n) of such ordinance.]
NEI College of Technology. NEI shall be permitted to maintain and use its
existing four story school building for a nonprofit private vocational
school which teaches day and evening classes for adult students in
technology subjects. The present enrollment is about 600 students. The
Site Plan depicts the existing layout.
Density. The City acknowledges that the
present school has an enrollment of about 600 students. The City
hereby permits NEI to increase its enrollment to up to 1,000
students subject to NEI maintaining the parking spaces described
below.
Setbacks. The existing building and other
improvements on the NEI Parcel either meet all required setbacks,
or are permitted pursuant to this PUD Agreement, including the
proximity of the existing school building to the road on Outlot A.
[Moreover, notwithstanding the requirement in City of
Columbia Heights Zoning Code Ord. 9.110 (4)(iii) that the side
yard shall be one-fourth the height of the building or ten (10)
feet, whichever is greater, in the event that NEI dedicates the
road on Outlot A to the public for a public road in a plat or
otherwise, the setback for the school building in its current
location and height, as depicted on the attached Site Plan, shall
be permitted pursuant to this PUD Agreement.]
Doc#1252922 v3 8
eo
H~ight. The existing school building is 60
feet 6 inches high to the parapet, four stories high, and 80 feet high
to the top of the chimney, all as measured from the level of the
parking lot on the north side of the existing building as shown on
the Site Plan. The height exceeds the R-4 standard[, which
provides for a maximum height of thirty-five (35) feet or three
stories,i but is permitted pursuant to this PUD Agreement[.]
Parking. Before the plat of Real Estate
Equities Addition, NEI had an integral 6.453 acre site with land
area for at least 500 parking spaces. In furtherance of the City's
desire for senior citizen housing and rental townhomes, the City
will permit noncompliance with the City's parking standards
pursuant to Ord. Sec. 9.116(2) through 9.116(4) as follows. NEI
will have 450 on-site parking spaces as shown on the Site Plan.
The parking spaces on Outlot C (west of the pond on Outlot B) and
Outlot F (west of the townhouse building on the Rental Townhouse
Parcel) shall be considered on-site parking spaces for the NEI
Parcel. In addition, the City has enacted a permit parking system
for Jackson Street and 41st Street N.E. specifically and solely for
the benefit of the NEI Parcel with 50 permit parking spaces
allocated to NEI, bringing NEI's parking space total up to 500
spaces. The permit parking ordinance provides 50 on-street
parking spaces for the sole and exclusive use between 7:00 a.m.
and 3:00 p.m. Monday through Friday of NEI pursuant to the
ordinance and permits described below. The 50 spaces of off-site
parking are permitted to meet NEI's parking obligation. Further, it
is agreed by the City that the NEI Parcel with 500 parking spaces
as aforesaid shall be entitled to a maximum student enrollment of
1,000 students to accommodate future growth of NEI or any
successor school.
Access. Access for school use shall be via
41st Avenue N.E., Jackson Street, the public alley west and south
of the Senior Citizen Parcel and Outlot A lying between the NEI
Parcel and the Rental Townhomes Parcel for all public and private
purposes.
Future Improvements. NEI shall be entitled
to improve and remodel, or demolish and reconstruct the existing
school building, so long as the size, number of stories and height of
such remodeling or new building does not exceed the existing
height described above and location shown on the Site Plan. The
maximum permitted student population shall be 1,000 students. If
NEI changes the use of the school to multi-family residential use
as permitted in zone R-4, then NEI must conform to the R-4
zoning requirements.
Doc #1252922 v3 9
II.
go
Successor. NEI shall be able to freely
transfer the NEI Parcel subject to and together with the rights and
obligations herein set forth to any successor owner who uses the
NEI Parcel as a school without approval of the City.
ho
Legal Conforming Use and Improvements.
The City accepts the current use of the NEI Parcel and the
existing and contemplated improvements thereon as legal
conforming uses and improvements pursuant to this PUD
Agreement.!
CONSTRUCTION OF IMPROVEMENTS
Ao
Plans. The Developer agrees to construct, or to cause either or both of the Rental
Townhomes Owner and/or the Senior Housing Owner to construct, all
improvements within the Property as shown on the Site Plan in accordance with
plans and specifications approved by the City. The Site Plan may not be modified
by the Developer without the prior written approval of the City. All labor and
work must be done and performed in a workmanlike manner and in strict
conformance with the Site Plan. The City agrees to promptly review any request
from the Developer to modify the Site Plan and to notify the Developer of its
approval or disapproval within 30 business days of the date of receipt of such
request. If the City fails to respond in writing within 30 business days of receipt
of such request, the modification shall be deemed approved.
Staking. Surveying and Inspections. Developer, at its sole cost and expense, must
provide, or cause the Rental Townhomes Owner or the Senior Housing Owner to
provide, all staking, surveying and inspections for the improvements in order to
ensure that the completed improvements conform to the Site Plan.
Co
Time for Developer's Performance. The Developer agrees to commence
work, or to cause the Rental Townhomes Owner or the Senior Housing Owner to
commence work, on the improvements shown on the Site Plan on or before
( ) days following the date of recording of this Agreement, unless
the Developer or the Rental Townhomes Owner or the Senior Housing Owner
otherwise requests and the City consents in writing, and will have all work
completed, or cause the Rental Townhomes Owner or the Senior Housing Owner
to have all work completed, and the improvements shown on the Site Plan
completed to the satisfaction and approval of the City on or before twenty-four
(24) months after the commencement of construction on the Property. The City
may at its discretion extend the date(s) specified for completion upon receipt of
written notice from the Developer or from the Rental Townhomes Owner or the
Senior Housing Owner, of the existence of causes over which any of them has no
control that will delay the completion of the work.
Do
Irlaprovements on NEI Property. The Developer also agrees to construct the
improvements on the NEI Property as shown on the Site Plan in accordance with
Doc#1252922v3 10
III.
IV.
plans and specifications approved by NEI. As between the Developer, NEI and
the City, it is the Developer's obligation to construct and reconstruct the
improvements on the NEI Property to accommodate the required number of
parking spaces as set forth herein. Developer shall stripe the city street for the
permit parking spaces and install necessary signage for same.
PARKING ORDINANCE
N~w Ordinance. The City has enacted the ordinances attached hereto as Exhibit
["E"} ["F"i, entitled the "Jackson Street and 41st Avenue N.E. permit Parking
Ordinance" (herein, the "Parking Ordinance"), for the sole and exclusive benefit
of the NEI Parcel during the days and times as set forth therein. The City has
determined that the Property is large enough to accommodate the Townhomes and
Senior Housing and NEI's use of the NEI Parcel as a school, and that such new
use of the Property is necessary and helpful additions to the housing mix and
development of the City. To replace certain parking spaces previously available
to NEI due to Developer's acquisition of some of the land from NEI, the City has
specifically agreed to provide for fifty (50) permit parking spaces for NEI via the
Parking Ordinance.
Bo
Issuance of Permits. On the date hereof and on August 1 of each year hereafter
~,, ~ ..... xmT ..... ,~.~ xmT Parcel} the City shall issue to NEI [or its
successor school] fifty (50) blank parking permits and hereby specifically
authorizes NEI [or its successor school] to issue those permits to such of its
faculty and students as it deems suitable for parking pursuant to the terms of the
Parking Ordinance.
DEFAULT AND REMEDIES
Denial of Permits. Breach of any term of this Agreement by NEI or the
Developer, or any of the Rental Townhomes Owner or the Senior Housing Owner
assuming the Developer's obligations hereunder, or failure to comply with City
ordinances shall be grounds for denial of building or occupancy permits for
buildings within the subdivision until the breach has been cured.
Rights Cumulative. No remedy conferred in this Agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every other
remedy. The election of any one or more remedies shall not constitute a waiver of
any other remedy.
Co
Force Majeure. Notwithstanding the provisions of this Article IV, if by reason of
force majeure any party hereto shall be unable in whole or in part to carry out its
obligations under this Agreement and if such party shall give notice and full
particulars of such force majeure in writing to all other parties within a reasonable
time after the occurrence of the event or cause relied upon, the obligations under
this Agreement of the party giving such notice, so far as they are affected by such
force majeure, shall be suspended during the continuance of the inability, which
Doc #1252922 v3 1 1
shall include a reasonable time for the removal of the effect thereof. The
suspension of such obligations for such period pursuant to this subsection (b) shall
not be deemed an Event of Default under this Article IV.
The term "force majeure" as used herein shall include, without limitation, acts of
God, strikes, lockouts or other industrial disturbances, acts of public enemies,
orders of any kind of the government of the United States of America or of the
State or any of their departments, agencies, governmental subdivisions, or
officials, or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, civil
disturbances, explosions, partial or entire failure of utilities, or any other cause or
event not reasonably within the control of the party claiming such inability.
Breach by City_. Breach of any term of this Agreement by the City shall be
actionable by the owners of the NEI Parcel and/or the Developer Parcels. Such
complainants shall specifically be entitled to seek and obtain relief against the
City in civil proceedings requiring a writ of mandamus for mandatory action
and/or an injunction to prevent action by the City.
Vm
MISCELLANEOUS PROVISIONS
Ao
Amendment. Any amendment to this Agreement must be in writing and signed
by all parties having an interest in the respective parcels, and by the City
Bo
Agreement to Run with Land. This PUD Agreement is to be recorded among the
land records of Anoka County, Minnesota. The provisions of this Agreement
shall nm with the land, be binding upon [and inure to the benefit of] NEI and
the Developer and their successors in interest, including the Rental Townhomes
Owner and the Senior Housing Owner, and shall be binding upon [and inure to
the benefit of] the City of Columbia Heights, in perpetuity.
Severabili _ty. The provisions of this Agreement are severable, and in the event
that any provision of this Agreement is found invalid, the remaining provisions
shall remain in full force and effect.
Do
Notices. All notices, certificates or other communications required to be given to
City and Developer hereunder shall be sufficiently given and shall be deemed
given when delivered or when deposited in the United States mail, first class, with
postage fully prepaid and addressed as follows:
To City:
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421-3878
Doc #1252922 v3 12
Eo
Fo
To Developer7:
Columbia Heights Transition Block, LLC
c/o Real Estate Equities, Inc.
400 Degree of Honor Building
325 Cedar Street
St. Paul, MN 55101
To NEI:
NEI College of Technology
825 41st Avenue N.E.
Columbia Heights, MN 55421
Attn: President
The City, NEI and the Developer, by notice
different addresses to which subsequent
communications should be sent.
given hereunder, may designate
notice, certificate or other
Compliance with Laws. The Developer and NEI shall comply with all laws,
ordinances and regulations of the state of Minnesota and the City applicable to the
Property. This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota, without regard to choice of law provisions.
Non-waiver. If any party waives any default or nonperformance by another party
in writing, such waiver shall be deemed to apply only to such event and shall not
waive any other prior or subsequent default.
[Signature pages follow.]
? To be changed if Developer is not a party to provide notice address for other parties to this
Agreement.
Doc#1252922 v3 13
IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the
date and year written above.
CITY OF COLUMBIA HEIGHTS, MINNESOTA
a Minnesota municipal corporation
By:.
Its: Mayor
and
By:
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this __ day of ,
2000, by , the Mayor, and by ., the City
Administrator, of the CITY OF COLUMBIA HEIGHTS, MINNESOTA, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
[signatures continued on next page]
This document was draRed by:
Lindquist & Vennum P.L.L.P. (RGM)
4200 IDS Center
Minneapolis, MN 55402
Doc #1252922 v3 14
NEI COLLEGE OF TECHNOLOGY,
Minnesota nonprofit corporation
By:
Its:
STATE OF MINNESOTA )
COUNTY OF )
The foregoing instrument was acknowledged before me this __ day of
2000 by the President of NEI COLLEGE OF
TECHNOLOGY, a Minnesota nonprofit corporation, on behalf of the corporation.
Notary Public
[signatures continued on next page]
Doc#1252922 v3 15
COLUMBIA HEIGHTS TRANSITION BLOCK, LLC,8
a Minnesota limited liability company
By:
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF .)
The foregoing instrument was acknowledged before me this __ day of ,
2000, by , the of COLUMBIA HEIGHTS
TRANSITION BLOCK, LLC, a Minnesota limited liability company, on behalf of the limited
liability company.
Notary Public
8 To be changed if Developer is not a party to Agreement.
Do~#1252922 v3 16
EXHIBIT A
LEGAL DESCRIPTION OF NEI PARCEL
[to be inserted]
Doc#1252922 v3 A-]
EXHIBIT B-1
LEGAL DESCRIPTION OF RENTAL TOWNHOMES PARCEL
[to be inserted]
Doc#1252922 v3 B-I
EXHIBIT B-2
LEGAL DESCRIPTION OF SENIOR HOUSING PARCEL
[to be inserted]
Doc #1252922 v3 B-2
EXHIBIT C
PLAT OF REAL ESTATE EQUITIES ADDITION
[to be inserted]
Doc#1252922v3 C-1
EXHIBIT D
SITE PLAN
Doc#1252922v3 C-1
EXHIBIT E
[DRAINAGE AND PONDING EASEMENT
Doc #1252922 v3 C-2
EXHIBIT Fl
PARKING ORDINANCE
[to be inserted]
Doc#1252922 v3 C-1
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Doc #1252922 v3 1
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
DATE:
TO:
FROM:
RE:
COMMUNITY DEVELOPMENT
NOVEMBER 3, 2000
PLANNING AND ZONING COMMISSIONERS
TIM JOHNSON, CITY PLANNER
PROPOSED TOWER ORDINANCE
As you know, the City of Columbia Heights has been involved in an extensive process to update
the City Zoning Ordinance. Legal consultant Steve Guzetta has prepared a Tower Siting Draft
Ordinance for the City which will be eventually incorporated into the new Zoning Ordinance.
This proposed Ordinance has been included in your packets for your review for the November
Planning Commission meeting. At the October meeting we discussed the draft proposal at some
length and the suggestion was to prepare the document for adoption at the November 8th
meeting. Steve Guzzetta was present at the October meeting and spoke to changes that some of
the Commissioner's had proposed. At the November 8th meeting, we will need to review the
proposed ordinance and make changes, or adopt as is and pass onto the City Council for final
adoption.
As you should know a moratorium on Telecommunications and Antennae is in effect until
December 7, 2000.
Recommended motion:
Staff recommends approval of Ordinance # 1424 which is an ordinance adopting Columbia
Heights Tower Siting Ordinance as a freestanding ordinance, as the ordinance has been reviewed
by the appropriate boards of the City of Columbia Heights, and is generally consistent with
Federal Telecommunication standards, and reflects the City of Columbia Heights development
standards as they relate to telecommunication requests.
Move to recommend City Council approval of Ordinance # 1424, Columbia Heights Tower
Siting Ordinance for the City of Columbia Heights, Minnesota, as Ordinance # 1424 as presented
is generally consistent with Federal Telecommunications standards, and reflects the City of
Columbia Heights development standards as they relate to telecomm~mication requests.
THE CITY OF COLUMBia HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT or THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYEr
COLUMBIA HEIGHTS
TOWER SITING ORDINANCE
Table of Contents
1. Purpose ................................................................................................................................ 2
2. Definitions .......................................................................................................... '. ................. 3
3. Applicability ........................................................................................................................ 6
4. Exempt fi'om City Review ................................................................................................... 7
5. Permitted Locations ............................................................................................................. 7
6. Existing Towers ................................................................................................................... 8
7. Co-Location Use, Modification and Relocation of Existing Towers .................................. 9
8. Application to Locate Wireless Communications Facility on Existing Tower .................10
9. Wireless CommunicationsFacilities on Antenna Support Structures ................................ 11
10. Application to Locate Wireless Communications Facility on Antenna
Support Structure ............................................................................................................. 12
11. Utility Pole-Mounted Wireless Communication Facilities ................................................ 14
12. Application for Utility Pole-Mounted Wireless Communications Facility ....................... 15
13. Construction of New Towers ............................................................................................. 16
a. Conditions of Approval for Wireless Communications Towers .................................. 16
b. Requirements for Separation Between Towers ............................................................ 16
c. Standards for Co-Location ........................................................................................... 17
d. Tower Design and Type ............................................................................................... 18
e. Landscaping Minimum Requirements ......................................................................... 19
f. Visual Impact Standards .............................................................................................. 19
14. Application Process for New Towers ................................................................................ 21
15. Annual Registration Requirement ...................................................................................... 24
a. Wireless Communications Facilities ..........~ ................................................................. 24
b. Wireless Communications Towers .............................................................................. 24
16. General Requirements ........................................................................................................ 25
a. Duration of Permits ...................................................................................................... 25
b. Assignment and Subleasing ......................................................................................... 25
c. Aesthetics ..................................................................................................................... 25
d. Federal and State Requirements ................. . .................................................................. 26
e. Licenses or Franchise ................................................................................... ~ ............... 26
f. Discontinued Use ......................................................................................................... 26
g. Abandoned Tower or Antenna ..................................................................................... 26
h. FCC Emissions Standards ............................................................................................ 27
i. Maintenance ................................................................................................................. 28
j. Emergency ................................................................................................................... 28
k. Equipment Cabinets ..................................................................................................... 29
1. Equipment on Site ........................................................................................................ 29
m. Inspections ................................................................................................................... 29
n. Security ........................................................................................................................ 29
o. Advances in Technology .............................................................................................. 30
17. Review of Applications ...................................................................................................... 30
18. Appeals .............................................................................................................................. 30
19. Revocation ......................................................................................................................... 30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA
I:IEIGIITS, MINNESOTA, REGULATING THE ZONING OF WIRELESS
COMMUNICATIONS TOWERS AND WIRELESS COMMUNICATIONS
FACILITIES; PROVIDING INTENT AND DEFINITIONS; PROVIDING
MINIMTOM STANDARDS FOR LOCATION, VISUAL IMPACT AND
APPROVAL OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING
MINIMlYM STANDARDS FOR THE LOCATION, VISUAL IMPACT AND
APPROVAL OF WIRELESS COMMUNICATIONS ANTENNAS AND
FACILITIES; PROVIDING FOR SHARED USE OF WIRELESS
COMMUNICATIONS TOWERS; PROVIDING FOR INSPECTIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVE ,RABILITY;
PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Columbia Heights, Minnesota (the
numerous inquiries from wireless communications service providers
construction of wireless communications towers in the City; and
"City") has received
for the location and
WltrEREAS, 47 U.S.C. § 332(c)(7) of the Communications Act of 1934, as amended by
the Telecommunications Act of 1996, expressly preserves the zoning authority of local
governments relating to wireless communications towers and related facilities; and
WFtEREAS, the City has a limited number of potential sites that would be acceptable for
the installation of wireless communications towers and facilities; and
WHEREAS, the citizens of the City have expressed great concern about the location of
wireless communications towers and related faci'iities within the City, related to preserving the
residential character of the community, promoting the integrity of the City's residential
neighborhoods and addressing safety issues; and
WHEREAS, the limited number of potential wireless communications tower and
wireless communications antenna sites requires, the City to address the needs of competing
wireless service providers; and
Wl~.REAS, City staff and the Planning and Zoning Commission have studied and
recommended appropriate siting policies to permit the placement of wireless commtmications
towers and related facilities in locations that will balance the interests of public safety, aesthetics,
property values and the provision of wireless communications services by the use of such
facilities; and
WHEREAS, the City Council has determined that the current zoning provisions within
the City Code are inadequate as they relate to compatibility of wireless communications tower
siting with surrounding properties, proliferation of towers and encouraging co-location of
antennas; and
WHEREAS, City staff has drafted amendments to the City Code determined to be
necessary to protect the aesthetic, health, safety and welfare concerns found to exist.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLUMB~ HEIGHTS, MINNESOTA, AS FOLLOWS:
Section 1. Section 9.116(16)(a)(ix) of the City Code is hereby repealed.
Section 2. Chapter 9 of the City Code is hereby amended to include a new Section 9.615, to
read as follows:
"9.615 Wireless Communications Towers and Antennas.
1)
Purpose. The purpose of this Section is to provide a uniform and comprehensive set of
standards for the development and installation of wireless communications towers,
antennas and related facilities. The regulations and requirements contained herein are
intended to: (i) regulate the placement, construction and modification of wireless
communications towers and related wireless communications facilities in order to protect
the health, safety, and welfare of the public and the aesthetic quality of the City; and (ii)
encourage managed development of wireless communications infrastructure, while at the
same time not unreasonably interfering with the development of the competitive wireless
communications marketplace in the City of Columbia Heights.
It is intended that the City shall apply these regulations to accomplish the following:
Minimize the total number of tow~ers throughout the community through siting
standards;
b)
Encourage the location of towers in non-residential areas and with compatible
uses;
c)
Provide for the appropriate location and development of wireless communications
towers, antennas and related facilities within the City, to the extent possible, to
minimize potential adverse impacts on the community;
Minimize adverse visual impacts of wireless communications towers and related
facilities through careful design, siting, landscape screening, and innovative
camouflaging techniques utilizing current and future technologies;
e)
Promote and encourage shared use/co-location of towers and antenna support
structures;
f)
Maintain and preserve the existing residential character of the City of Columbia
Heights and its neighborhoods and to promote the creation of a convenient,
attractive and harmonious community;
2)
i)
J)
Promote the public safety and avoid the risk of damage to adjacent properties by
ensuring that wireless communications towers and related wireless
communications facilities are properly designed, constructed, modified,
maintained and removed;
Ensure that wireless communications towers and related wireless communications
facilities are compatible with surrounding land uses;
Encourage the use of alternative support structures, co-location of new antennas
on existing wireless communications towers, camouflaged towers, and
construction of towers with the ability to locate three or more providers;
Maintain and ensure that a non-discriminatory, competitive and broad range of
wireless communications services and high quality wireless communications
infrastructure consistent with federal law are provided to serve the community;
and
Ensure that wireless communications facilities comply with radio frequency
emissions standards as promulgated by the Federal Communications Commission.
This Section is not intended to regulate satellite dishes, satellite earth station antennas,
residential television antennas in private use, multichannel multipoint distribution service
antennas, or amateur radio antennas.
Definitions. For the purposes of this Section the following terms and phrases shall have
the meaning ascribed to them herein:
Accessory Structure means a structure or portion of a structure subordinate to
and serving the principal structure on the same lot.
Accessory Use shall have the meaning set forth in the Land Use and
Development Ordinance.
Antenna means a device fabricated of fiberglass, metal or other material designed
for use in transmitting and/or receiving communications signals and usually
attached to a wireless communications tower or antenna support structure.
Antenna Support Structure means any building or structure, excluding towers,
used or useable for one or more wireless communications facilities.
Buffer or Buffering means a natural or landscaped area or screening device
intended to separate and/or partially obstruct the view of adjacent land uses or
properties from one another so as to lessen the impact and adverse relationship
between dissimilar, unrelated or incompatible land uses.
3
City means the City of Columbia Heights, Minnesota, and any and all
departments, agencies and divisions thereof.
City Code means the Columbia Heights City Code, as amended from time to
time.
City Council or Council means the Columbia Heights City Council or its
designee.
City Manager means the City Manager of the City of Columbia Heights,
Minnesota or the City Manager's designee.
Co-location means the use of a single wireless communications tower, antenna
support structure and/or site by more than one provider.
Conditional Use means those uses that are generally compatible with other uses
permitted in a zoning district, but that require indi,Cidual review of their location,
design, configuration, intensity and structures, and may require the imposition of
conditions pertinent thereto in order to ensure the appropriateness of the use at a
particular location. This definition shall only apply to this specific Section and
shall not apply to other Sections or provisions of the Land Use and Development
Ordinance.
Conditional Use Permit means a permit specially and individually granted by the
Council after a public hearing thereon by the Planning Commission for any
conditional use so permitted in any~zoning district. In approving a conditional use
permit, the Council may impose reasonable conditions to accomplish the
objectives of this Section with respect to use, screening, lighting, hours of
operation, noise control, maintenance, operation or other requirements.
Equipment Cabinet or Shelter means a structure located near a wireless
communications facility that contains electronics, back-up power generators
and/or other on-site supporting equipment necessary for the operation of the
facility.
Existing Tower means any tower designated as an existing tower by subsection 6
of this Section for which a permit has been properly issued prior to the effective
date of this Ordinance, including permitted towers that have not yet been
constructed so long as such approval is current and not expired. After the
effective date of this Ordinance, any tower approved and constructed pursuant to
the provisions of this Section shall thereafter be treated as an existing tower for
purposes of regulation pursuant to this Ordinance and the Land Use and
Development Ordinance.
Guyed Tower means a wireless communications tower that is supported, in
whole or in part, by guy wires and ground anchors or other means of support
besides the superstructure of the tower itself.
Land Use and Development Ordinance means Chapter 9 of the Columbia
Heights Code, as it may be amended from time to time.
Microwave Dish Antenna means a dish-like antenna used to transmit and/or
receive wireless communications signals between terminal locations.
Monopole Tower means a wireless communications tower consisting of a single
pole or spire supported by a permanent foundation, constructed without guy wires
and ground anchors.
Non-Conformity shall have the meaning given in Minn. Stat. § 394.22, Subd. 8,
or successor statutes, and shall be governed by the provisions of the Land Use and
Development Ordinance (Non-Conformities).
Ordinance means this Ordinance No.
Panel Antenna means an an'ay of antennas designed to direct, transmit or receive
radio signals from a particular direction.
Pieo Cell means a low-power cell whose coverage area extends 300 to 500 yards.
Planning Commission means
Commission.
Columbia Heights Planning
and Zoning
Provider (when used with reference to a system) means a person or entity that
provides wireless communications service over a wireless communications
facility, whether or not the provider owns the facility. A person that leases a
portion of a wireless communications facility shall be treated as a provider for
purposes of this Section.
Satellite Dish means an antenna device incorporating a reflective surface that is
solid, open mesh, or bar configured that is shallow dish, cone, horn, or
cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
This definition is meant to include, but is not limited to, what are commonly
referred to as satellite earth stations, TVROs and satellite microwave antennas.
Self-support/Lattice Tower means a tower structure requiring no guy wires for
support.
Stealth or Camouflaged Tower, Equipment Cabinet or Facility means any
wireless communications tower, equipment cabinet or facility designed to hide,
obscure or conceal the presence of the tower, antenna, equipment cabinet or other
5
3)
related facility. The stealth technology used must incorporate the wireless
communications tower, equipment cabinet and facility into and be compatible
with the existing or proposed uses of the site. Examples of stealth facilities
include, but are not limited to: architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, and wireless communications
towers designed to look like light poles, power poles, trees, flag poles, clocks,
steeples or bell towers.
Utility Pole-Mounted Facility means a wireless communications facility
attached, without regard to mounting, to or upon an electric transmission or
distribution pole, street light, traffic signal, athletic field light, utility support
structure or other similar facility located within a public right-of-way or utility
easement approved by the Planning Commission. The facility shall include any
associated equipment shelters regardless of where they are located with respect to
the mount.
Whip Antenna means an omni-directional antenna used to transmit and/or
receive radio signals.
Wireless Communications Facility means a facility that is used to provide one
or more wireless communications services, including, without limitation, arrays,
antennas and associated facilities used to transmit and/or receive wireless
communications signals. This term does not include wireless communications
towers, over-the-air reception devices that deliver or receive broadcast signals,
satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide direct-to-
home satellite services ("DBS") ti devices that provide multichannel multi-point
distribution services ("MMDS") as defined and regulated by 47 C.F.R. § 1.4000,
as amended.
Wireless Communications Services means those services specified in 47 U.S.C.
§§ 332(c)(7)(C) and 332(d)(1)-(2), and any amendments thereto.
Wireless Communications ToWer means a guyed, monopole or self-
support/lattice tower, or extension thereto, constructed as a freestanding structure,
supporting one or more wireless communications facilities used in the provision
of wireless communications services.
Zoning Administrator means the person appointed by the City Manager as
provided in the Land Use and Development Ordinance.
Applicability. The requirements of this Section apply to the extent provided herein to all
new, existing, replacement, re-located or expanded and/or modified wireless
communications towers and wireless commtmications facilities. The requirements of this
Section apply throughout the City. It is the express intent of the City to impose, to the
extent permitted by applicable law, all requirements of this Section to all land within the
6
City, whether publicly or privately held, including, without limitation, private property,
City property, church property, utility property and school property.
Non-Essential Services. Wireless communications towers and wireless
communications facilities will be regulated and permitted pursuant to this Section
and not regulated or pemaitted as essential services, public utilities or private
utilities.
b)
Attempt to Locate on Existing Tower or Antenna Support Structure. Every
owner/operator seeking to locate a wireless communications facility within the
City must attempt to locate on an existing wireless communications tower or
antenna support structure as required by subsections 7 through 8 of this Section.
4)
Exempt from City Review. The following activities shall be permitted without City
approvals:
a)
Amateur Radio - the installation of any antenna and its supporting tower, pole or
mast to the extent City regulation is preempted by state or federal law,
b)
Residential Television Antennas the installation of residential television
antennas in private use to the extent preempted by state and federal law.
c)
Satellite Dishes - the installation of satellite dishes to the extent preempted by
state or federal law.
Mobile News-the use of mobile s?vices equipment providing public information
coverage of news events of a temporary or emergency nature.
5)
Permitted Locations. The following applies to all wireless communications towers,
including re-located or expanded and/or modified towers, but not to existing towers:
a)
Wireless communications towers less than 120 feet in height shall be a permitted
use in the 1-1 and I-2 zoning districts.
b)
Wireless communications towers greater than or equal to 120 feet in height shall
be a conditional use in the I-1 and 1-2 zoning districts.
c)
Wireless communications towers less than 80 feet in height shall be a permitted
use in the CBD and GB zoning districts.
d)
Wireless communications towers greater than or equal to 80 feet in height shall be
a conditional use in the CBD and GB zoning districts.
e)
Wireless communications towers less than 80 feet in height shall only be allowed
as a conditional use in the R-l, R-2, R-3, R-4 and LB zoning districts.
7
t)
Wireless communications towers greater than or equal to 80 feet in height shall
not be a permitted use in the R-l, R-2, R-3, R-4 and LB zoning districts.
Except where superseded by the requirements of county, state or federal
regulatory agencies possessing jurisdiction over wireless communications towers,
equipment cabinets and wireless communications facilities, such towers,
equipment cabinets and facilities shall be stealth towers, stealth equipment
cabinets and stealth facilities camouflaged to blend into the surrounding
environment using stealth technology in a manner pre-approved by the City on a
case-by-case basis.
Utility pole-mounted facilities shall be permitted as accessory uses in all zoning
districts. Applications for such facilities shall be subject to the conditions set
forth in this Section.
6) Existing Towers.
Except where otherwise noted, existing towers shall not be rendered non-
conforming uses by this Section. The City encourages the use of these existing
towers for purposes of co-locating additional wireless communications facilities.
Any and all towers erected and in use or approved on or before the effective date
of this Ordinance shall be treated as existing towers. These towers shall be
considered conforming uses with respect to this Section and the City shall allow
co-location on these towers subject to the requirements of subsection 7 of this
Section so long as the providers utilize the most visually unobtrusive equipment
that is technologically feasible.
b)
Owners of existing towers shall be required to comply with the requirements and
procedures set forth in subections 13 and 14 ("Construction of New Towers" and
"Application Process for New Towers") to replace an existing tower.
Owners of existing towers shall be required to comply with the applicable
requirements and procedures set forth in subsections 6, 7, 8 and 13 ("Existing
Towers," "Co-location Use, Modification and Relocation of Existing Towers,"
"Application to Locate Wireless Communications Facility on Existing Tower,"
and "Construction of New Towers") to modify or relocate an existing tower or to
co-locate a wireless communications facility on an existing tower.
Increases in height of an existing wireless communications tower, modification of
an existing wireless communications tower or conversion of an existing wireless
communications tower to a stealth or camouflage structure shall be treated as a
new tower and subject to all the applicable requirements of this Section.
Owners of existing wireless communications towers shall be required to comply
with the requirements set forth in subsection 15 ("Annual Registration") and
subsection 16 ("General Requirements").
7)
Co-Location Use, Modification and Relocation of Existing Towers.
Any owner of an existing tower or antenna support structure containing additional
capacity suitable for installation or co-location of wireless communications
facilities shall permit providers to install or co-locate said facilities on such towers
or antenna support structures; provided that no existing tower or antenna support
structure shall be used to support wireless communications facilities for more than
three separate providers. Any co-location of wireless communications facilities
shall be subject to mutually agreeable terms and conditions negotiated between
the parties.
b)
Any existing tower may be modified or relocated to accommodate co-location of
additional wireless communications facilities as follows:
(i)
An application for a wireless communications permit to modify or relocate
a wireless communications tower shall be made to the Zoning
Administrator. The application shall contain the information required by
subsection 14(b)-(c) of this Section. The Zoning Administrator shall have
the authority to issue a wireless communications permit without further
approval by the Council or the Planning Commission, except as provided
in this Section. Any denial of an application for a wireless
communications permit to modify or relocate a wireless communications
tower for purposes of co-location shall be made in accordance with
subsection 14(e) of this Section.
(ii)
The total height of the ~odified tower and wireless communications
facilities attached thereto shall not exceed the maximum height allowed
for a permitted wireless communications tower in the zoning district in
which the tower is located, unless a conditional use permit is granted by
the City.
(iii)
Permission to exceed the existing height shall not require an additional
distance separation from designated areas as set forth in this Section. The
tower's pre-modification height shall be used to calculate such distance
separations.
(iv)
A tower which is being rebuilt to accommodate the co-location of
additional wireless communications facilities may be moved on the same
parcel subject to compliance with the requirements of this Section.
(v)
A tower that is relocated on the same parcel shall continue to be measured
from the original tower location for the purpose of calculating the
separation distances between towers as provided herein.
9
,~.. 8) Application to Locate Wireless Communications Facility on Existing Tower.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the existing tower, along with the tower owner's name and
telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject tower;
(iv)
A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all other
construction standards set forth by the City Code, and federal and state
law;
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
A copy of all licenses and/or fi:anchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City; ~
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the supporting tower, topography, and any
other information deemed by the City to be necessary to assess
compliance with this Ordinance and the Land Use and Development
Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
.(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of the Land Use and
Development Ordinance; and
10
9)
A certification that the site described in the application is located on an
existing tower and the owner/operator agrees to the co-location of the
subject wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
existing tower and that satisfies the requirements set forth in this Section, shall
receive expedited treatment in the review process.
c)
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of existing towers to submit a single
application for approval of multiple users on a single existing site. Applications
for approval at multiple user sites shall be given priority in the review process.
The fee to be submitted with a multiple user application shall be the fee specified
in this subsection multiplied by the number of users listed in such application.
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
In granting or denying a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
Wireless Communications Facilities on Antenna Support Structures.
All wireless communications facili.~ties to be located on antenna support structures
shall be subject to the following minimum standards:
(i)
Wireless communications facilities shall only be permitted on buildings
which are at least thirty-five (35) feet tall.
(ii)
Wireless communications facilities shall be permitted on the City's water
tower; provided that the City may impose reasonable conditions which
ensure that such facilities do not interfere with access to or maintenance of
the tower.
(iii)
If an equipment cabinet associated with a wireless communications
facility is located on the roof of a building, the area of the equipment
cabinet shall not exceed ten (10) feet in height, four hundred (400) square
feet in area nor occupy more than ten percent (10%) of the roof area. All
equipment cabinets shall be constructed out of nonreflective materials and
shall be designed to blend with existing architecture and located or
designed to minimize their visibility.
b) Antenna dimensions.
11
10)
(i)
Unless a conditional use permit is obtained from the City, whip antennas
and their supports must not exceed 25' in height and 12" in diameter and
must be constructed of a material or color which matches the exterior of
the antenna support structure.
(ii)
Unless a conditional use permit is obtained from the City, panel antennas
and their supports must not exceed 8' in height or 2.5' in width and must
be constructed of a material or color which matches the exterior of the
building or structure, so as to achieve maximum compatibility and
minimum visibility.
(iii)
Unless a conditional use permit is obtained from the City, microwave dish
antennas located below sixty-five (65) feet above the ground may not
exceed six (6) feet in diameter. Microwave dish antennas located sixty-
five (65) feet and higher above the ground may not exceed eight (8) feet in
diameter.
c)
Notwithstanding anything to the contrary, wireless communications facilities and
related equipment shall not be installed on antenna support structures in
residential zoning districts, unless a conditional use permit is obtained from the
City.
Wireless communications facilities located on antenna support structures, and
their related equipment cabinets, shall be located or screened to minimize the
visual impact of such facilities and equipment cabinets upon adjacent properties.
Any such screening shall be of a Caterial and color that matches the exterior of
the building or structure upon which it is situated. Wireless communications
facilities and related equipment cabinets shall be of a stealth design, and shall
have an exterior finish and/or design as approved by the City.
Application to Locate Wireless Communications Facility on Antenna Support
Structure.
An application for a wireless communications permit to locate or re-locate a
wireless communications facility on an antenna support structure must be
submitted to the Zoning Administrator on the designated form and shall, at a
minimum, contain the following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the antenna support structure, along with the property owner's
name and telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject property;
12
(iv)
A swom and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
An application fee in an amount set by the Council for each wireless
communications facility listed on the application;
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii)
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the rooftop and building, topography, a
current survey, landscape plans, and any other information deemed by the
City to be necessary to assess compliance with this Ordinance and the
Land Use and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the app~licant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
(x)
A certification that the site described in the application is located on an
existing antenna support structure and the owner/operator agrees to the
location or co-location of the subject wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
antenna support structure and that satisfies the requirements set forth in this
Section, shall receive expedited treatment in the review process.
So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of antenna support structures to
submit a single application for approval of multiple users on a single existing site.
Applications for approval at multiple user sites shall be given priority in the
review process. The fee to be submitted with a multiple user application shall be
the fee described in this Section multiplied by the number of users listed in such
application.
13
11)
b)
c)
e)
An applicant must submit a proposed stealth design for camouflaging its wireless
communications facility, unless this requirement is preempted by the operation of
applicable laws or regulations.
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
In granting or denying a wireless communications permit to locate or re-locate a
wireless communications facility on an antenna support structure, the Zoning
Administrator shall prepare a written record of decision including findings of fact.
Pole-Mounted Wireless Communications Facilities.
Utility pole-mounted wireless communications facilities may be permitted as
accessory uses in all zoning districts if the provider uses pico cell equipment.
Such facilities shall only be permitted in public rights-of-way that are at least 100
feet in width. To the greatest practical extent, utility pole-mounted wireless
communications facilities shall be sited where they are concealed fi:om public
view by other objects such as trees or buildings. When it is necessary to site such
a facility in public view, to the greatest practical extent it shall be designed to
limit visual impact on surrounding land uses, which design must be approved by
the City.
The height of a utility pole-mounted facility shall not exceed two (2) feet above
the pole smacture.
Equipment cabinets associate~l with utility pole-mounted wireless
communications facilities which are located within the public right-of-way shall
be of a scale and design that make them no more visually obtrusive than other
types of utility equipment boxes normally located within the right-of-way and
shall be located in a manner and location approved by the City. To the greatest
practical extent, equipment cabinets associated with utility pole-mounted facilities
which are located outside of the public right-of-way shall be concealed fi.om
public view or shall be architecturally designed using stealth technology or
buffered to be compatible with surrounding land uses, except that such shelters
located in residential zoning districts must be screened from the view of residents
and pedestrians.
Equipment cabinets associated with utility pole-mounted wireless
communications facilities which are located outside the public right-of-way shall
meet the setback requirements for accessory buildings and structures for the
zoning district in which the equipment cabinet is located.
Generators associated with equipment shelters must meet with the requirements of
the City Code.
14
,.-.. 12) Application for Utility Pole-Mounted Wireless Communications Facility.
An application for a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii)
Location of the utility pole-mount, along with the property owner's name
and telephone number;
(iii)
Number of applicant's wireless communications facilities to be located on
the subject property;
(iv)
A swom and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi)
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;,
(vii)
A scaled site plan clearly 'indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and utility pole-mount, topography, a current
survey, landscape plans, and any other information deemed by the City to
be necessary to assess compliance with this Ordinance and the Land Use
and Development Ordinance;
(viii)
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
15
13)
(x)
A certification that the site described in the application is located on a
utility pole-mount and the owner/operator agrees to the location of the
wireless communications facility.
b)
An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
already existing utility pole-mount and that satisfies the requirements set forth in
this Section, shall receive expedited treatment in the review process.
c)
A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
In granting or denying a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility, the Zoning Administrator
shall prepare a written record of decision including findings of fact.
Construction of New Towers.
(a) Conditions of Approval for Wireless Communications Towers.
(i)
Setback. The distance between the base of any proposed wireless
communications tower, measured from the center of a tower, and the
nearest lot line shall be at least equal to the height of the tower, provided
that this distance may be reduced to a specified amount if an applicant
provides a certification from the tower manufacturer or a qualified
en~neer stating that the tower is designed and constructed in such a way
as to crumple, bend, collapse or otherwise fall within the specified
distance.
In no event, shall the distance between the base of a proposed wireless
communications tower, measured from the center of the tower, and the
nearest lot line be less than.twenty (20) percent of the tower height.
(ii)
Structural requirements. All wireless communications tower designs must
be certified by a qualified engineer specializing in tower structures and
licensed to practice in the State of Minnesota. The certification must state
the tower design is structurally sound and, at a minimum, in conformance
with the City's Building Code, the State Building Code, and any other
standards outlined in the Land Use and Development Ordinance, as
amended from time to time.
(iii)
Height. The height of permitted wireless communications towers shall be
as specified in subsection 5 of this Section.
16
b)
Requirements for Separation Between Towers.
(i)
Except for wireless communications facilities located on roof-tops or
utility pole-mounted facilities, the minimum wireless communications
tower separation distance shall be calculated and applied irrespective of
jurisdictional boundaries.
(ii)
Measurement of wireless communications tower separation distances for
the purpose of compliance with this Section shall be measured from the
base of a wireless communications tower to the base of the existing or
approved wireless communications tower.
(iii)
Proposed towers must meet the following minimum separation
requirements fi.om existing towers or towers previously approved but not
yet constructed at the time a development permit is granted pursuant to
this Section:
c)
MINIMUM TOWER SEPARATION DISTANCE
Height of Height of Minimum
Existing Tower Proposed Tower Separation
Less than 50' Less than 50' 100'
" 50'-100' 200'
" 101'-150' 400'
" 151 '-200' 800'
50'-100' Less than 50' 100'
" '~ 50'-100' 400'
" 101'-150' 600'
" 151'-200' 800'
101'-150' Less than 50' 100'
" 50'-100' 400'
" 101'-150' 600'
" 151 '-200' 800'
151 '-200' Less than 50' I00'
" 50'-100' 600'
" 101'-150' 800'
" 151 '-200' 1000'
For the purpose of this subsection, the separation distances shall be measured by
drawing or following a straight line between the center of the base of the existing
or approved structure and the center of the proposed base, pursuant to a site plan
of the proposed wireless communications tower.
Standards for Co-location. This subsection is designed to foster shared use of
wireless communications towers.
(i)
Construction of Excess Capaci_ty. Any owner of a wireless
communications tower shall permit other providers to install or co-locate
antennae or wireless communications facilities on such towers, if available
17
(ii)
(iii)
(iv)
Tower
(i)
(ii)
space and structural capacity exists; provided, however, that no wireless
communications tower shall be used to support wireless communications
facilities for more than three separate providers. Any co-location of
wireless communications facilities shall be subject to mutually agreeable
terms and conditions negotiated between the parties. All new wireless
communications towers shall be constructed with excess capacity for co-
location as follows:
Less than 80 feet in height
80 feet to 119 feet in height
120 feet in height or greater
One additional user
Two or more additional users
(up to a maximum of three
users)
Three additional users
Notwithstanding anything to the contrary, all new monopole towers over
80 feet in height and existing monopole towers that are extended to a
height over 80 feet shall be designed and built to accommodate at least
two providers, and up to a maximum of three providers if technically
possible.
Notwithstanding anything to the contrary, all new guyed towers, and
existing guyed towers that are replaced or modified shall be designed and
built to accommodate three providers.
Site area. The site or leased footprint shall contain sufficient square
footage to accommodate the equipment/mechanical facilities for all
proposed providers based upon the structural capacity of the tower.
Setbacks. If it is determined that a proposed wireless communications
tower cannot meet setback requirements due to increases in tower height
to accommodate the co-location of at least one additional wireless
communications service provider, minimum setback requirements may be
reduced by a maximum of fifteen (15) feet, unless such a reduction would
decrease the distance between the base of the tower and the nearest lot line
to less than twenty (20) percent of the tower height, in which case set-back
requirements may be reduced to a distance that is equal to or greater than
twenty (20) percent of the tower height.
Design and Type.
All proposed wireless communications towers shall be monopole towers
or stealth towers. Self-supporting towers or guyed lattice towers shall
only be permitted as a replacement of like structures.
Utility pole-mounted facilities or extensions on utility poles to
accommodate the mounting of wireless communications facilities shall be
of the monopole type.
18
f)
(iii)
Antennas shall be of the m-cell variety whenever feasible or mounted
internal to the wireless communications tower structure.
(iv)
Stealth wireless communications towers, equipment cabinets and related
facilities shall be required in all zoning districts.
Landscaping Minimum Requirements. Wireless communications towers shall
be landscaped with a buffer of plant materials that effectively screens the view of
the tower compound from surrounding property. The standard buffer shall consist
of a landscaped strip at least ten (10) feet wide outside the perimeter of the
compound. Existing mature growth and natural land forms on thc site shall be
preserved to the maximum extent possible. In some cases, such as wireless
communications towers sited on large, wooded lots, natural growth around the
property perimeter may be a sufficient buffer. All areas disturbed during project
construction shall be replanted with vegetation. The owner of a wireless
communications tower is responsible for all landscaping obligations and costs. A
landscaping plan for the purpose of screening the base of the tower from view
shall be submitted to the Zoning Administrator for approval prior to the issuance
of a building permit for the tower. The City may waive the enfOrcement of this
condition if it is deemed unnecessary.
Visual Impact Standards. To assess the compatibility with and impact on
adjacent properties of a proposed wireless communications tower site, an
applicant seeking to construct, relocate or modify a wireless communications
tower may be required to submit a visual impact analysis. The requirements of
this subsection shall be required £9r any application to construct a tower greater
than 80 feet in height. The applicant may request a review of a proposed wireless
communications tower location, prior to submission of an application, to
determine whether or not a visual impact analysis will be required. The applicant
shall be advised of the requirement to submit a visual impact analysis by the City
within ten (10) working days following the City's receipt of the applicant's
application for construction of a new wireless communication tower or the
relocation or modification of an existing tower.
(i)
Whenever a visual impact analysis is required, an applicant shall utilize
digital imaging technology to prepare the analysis in a manner acceptable
to the City. At a minimum, a visual impact analysis must provide the
following information:
The location of the proposed wireless communications tower
illustrated upon an aerial photograph at a scale of not more than
one inch equals 300 feet (1" = 300'). All adjacent zoning districts
within a 3,000 foot radius from all property lines of the proposed
wireless communications tower site shall be indicated; and
19
(ii)
(iii)
bo
A line of site analysis which shall include the following
information:
certification that the proposed wireless communications
tower meets or exceeds standards contained in this Section;
identification of all significant existing natural and
manmade features adjacent to the proposed wireless
communications tower site and identification of features
which may provide buffering and screening for adjacent
properties and public rights-of-way;
o
identification of at least three specific points within a 2,000
foot radius of the proposed wireless communications tower
location, subject to approval by the Zoning Administrator,
for conducting the visual impact analysis;
o
copies of all calculations and a description of the
methodology used in selecting the points of view and
collection of data submitted in the analysis;
graphic illustration of the visual impact of the proposed
wireless communications tower, at a scale that does not
exceed 5 degrees of horizontal distance, presented fi:om the
specific identified points;
o
identificatiofi of all screening and buffering materials under
the permanent control of the applicant (only screening and
buffering materials located within the boundaries of the
proposed site shall be considered for the visual impact
analysis); and
o
identification of all screening and buffering materials that
are not under the permanent control of the applicant but are
considered of a permanent nature due to ownership or use
patterns, such as a public park, vegetation preserve,
required development buffer, etc.
Screening and buffering materials considered in the visual impact analysis
shall not be removed by furore development on the site. However,
screening and buffering materials considered in the visual impact analysis
shall be replaced if they die.
An applicant shall provide any additional information that may be required
by the Zoning Administrator to fully review and evaluate the potential
impact of the proposed wireless communications tower.
2O
14) Application Process for New Towers.
The use of existing structures to locate wireless communications facilities shall be
preferred to the construction of new wireless communications towers. To be
eligible to construct a new wireless communications tower within City limits, an
applicant must establish to the satisfaction of the City that the applicant is unable
to provide the service sought by the applicant fi:om available sites, including co-
locations within the City and in neighboring jurisdictions; and the applicant must
demonstrate to the reasonable satisfaction of the City that no other suitable
existing tower or antenna support structure is available, including utility poles;
and that no reasonable alternative technology exists that can accommodate the
applicant's wireless communications facility due to one or more of the following
factors:
(i)
The structure provides insufficient height to allow the applicant's facility
to function reasonably in parity with similar facilities;
(ii)
The structure provides insufficient structural strength to support the
applicant's wireless communications facility;
(iii)
The structure provides insufficient space to allow the applicant's wireless
communications facility to function effectively and reasonably in parity
with similar equipment;
(iv)
Use of the existing stmctu~e would result in electromagnetic interference
that cannot reasonably be corrected;
(v)
The existing structure is unavailable for lease under a reasonable leasing
agreement;
(vi)
Use of the structure would create a greater visual impact on surrounding
land uses than the proposed alternative or otherwise would be less in
keeping with the goals, objectives, intent, preferences, purposes, criteria or
standards of this Ordinance, the Land Use and Development Ordinance
and land development regulations; and/or
(vii) Other limiting factors.
b)
An applicant must submit any technical information requested by the City or its
designated engineering consultant as part of the review and evaluation process.
c)
An application for a wireless communications permit to construct a wireless
communications tower must be submitted to the Zoning Administrator on the
designated form and shall contain, at a minimum, the following information:
21
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
Name, address and telephone number of the applicant;
Proposed location of the wireless communications tower, along with all
studies, maps and other information required by subsections 13 and 14 of
this Section (applicant shall submit information for only one proposed
tower per application);
Number of applicant's wireless communications facilities to be located on
the subject tower and the number of spaces available for co-location;
A swom and certified statement in writing by a qualified engineer that the
wireless communications tower will conform to all requirements set forth
in the City Code, and federal and state law;
An application fee in the amount set by the Council;
A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications tower, on-site land uses and zoning,
elevation and stealth design drawings of the proposed tower, topography,
and any other information deemed by the Zoning Administrator to be
necessary to assess compliance with this Ordinance and the Land Use and
Development Ordinance; .~
An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
The names, addresses and telephone numbers of all owners of existing
towers or antenna support structures within an area equal to one hundred
pement (100%) of the search ring for the wireless communications facility
proposed to be located on the proposed new tower;
Written documentation in the form of an affidavit that the applicant made
diligent, but unsuccessful efforts for permission to install or co-locate the
proposed wireless communications facility on all existing towers or
antenna support structures located within an area equal to one hundred
percent (100%) of the search ring for the proposed site of the wireless
communications facility;
22
d)
e)
(xi)
Written, technical evidence from a qualified engineer that the proposed
wireless communications facility cannot be installed or co-located on an
existing tower or antenna support structure located within the City and
must be located at the proposed site in order to meet the coverage
requirements of the proposed wireless communications service, together
with a composite propagation study which illustrates graphically existing
and proposed coverage in industry-accepted median received signal
ranges;
(xii)
A written statement from a qualified engineer that the construction and
placement of the proposed wireless communications tower will comply
with Federal Communications Commission radiation standards for
interference and safety and will produce no significant signal interference
with public safety communications and the usual and customary
transmission or reception of radio, television, or other communications
services enjoyed by adjacent residential and non-residential properties;
and
(xiii)
A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance.
A proposed wireless communications tower that exceeds the height limitations, for
a permitted tower in the GB, CBD, I-1 or I-2 zoning districts, or any proposed
wireless communications tower under eighty (80) feet in the R-l, R-2, R-3, R-4,
or LB districts, shall only be allow~ed upon approval of a conditional use permit.
The City Council may establish any reasonable conditions for approval that are
deemed necessary to mitigate adverse impacts associated with the conditional use,
to protect neighboring properties, and to achieve the objectives of this Ordinance
and the Land Use and Development Ordinance. Such a conditional use permit
shall be required in addition to a wireless communications permit.
In granting or denying a wireless communications permit to construct a wireless
communications tower, the Zoning Administrator shall prepare a written record of
decision including findings of fact. Proposed wireless communication towers that
meet the standards and requirements contained herein, including location and
height limitations, may be approved administratively by the Zoning
Administrator. Proposed wireless communication towers that do not meet the
standards and requirements contained herein, including location and height'
limitations, may be denied administratively by the Zoning Administrator,
provided that the written record of decision including findings of fact is accepted
by the Council.
23
Annual Registration Requirement.
Wireless Communications Facilities. To enable the City to keep accurate, up-
to-date records of the location of wireless communications facilities within City
limits, on an annual basis, no later than February 1 of each year, or upon change
in ownership of wireless communications facilities, the owner/operator of such
facilities shall submit documentation to the Zoning Administrator providing:
(i)
Certification in writing that the wireless communications facility conforms
to the requirements, in effect at the time of construction of the facility, of
the State Building Code and all other requirements and standards set forth
in the City Code, and federal and state law by filing a sworn and certified
statement by a qualified engineer to that effect. A wireless
communications facility owner/operator may be required by the City to
submit more fi:equent certification should there be reason to believe that
the structural and/or electrical integrity of the wireless communications
facility is jeopardized. The City reserves the fight upon reasonable notice
to the owner/operator of the wireless communications facility to conduct
inspections for the purpose of determining whether the wireless
communications facility complies with the State Building Code and all
requirements and standards set forth in local, state or federal laws; and
(ii)
The name, address and telephone number of any new owner, if there has
been a change of ownership of the wireless communications facility.
Annual payment of a registmtion~ fee, as set by the Council, for each wireless
communications facility located within the City shall be submitted to the City at
the time of submission of the documentation required above.
b)
Wireless Communications Towers. To enable the City to keep accurate, up-to-
date records of the location and continued use of wireless communications towers
within City limits, on an annual basis, no later than February 1 of each year, or
upon change in ownership of a wireless communications tower, the
owner/operator of each tower shall submit documentation to the Zoning
Administrator providing:
(i)
Certification in writing that the wireless communications tower is
structurally sound and conforms to the requirements, in effect at the time
of construction of the tower, of the State Building Code and all applicable
standards and requirements ~ set forth in the City Code, and federal and
state law, by filing a sworn and certified statement by a qualified engineer
to that effect. The tower owner may be required by City to submit more
fi:equent certifications should there be reason to believe that the structural
and/or electrical integrity of the tower is jeopardized;
24
16)
(ii)
The number of providers located on the tower and their names, addresses
and telephone numbers;
(iii)
The type and use of any wireless communications facilities located on the
tower; and
(iv)
The name, address and telephone number of any new owner of the tower,
if there has been a change of ownership of the tower.
An annual payment of a registration fee, as set by the Council, for each tower
located within the City shall be submitted to the City at the time of submission of
the documentation required above.
General Requirements. The following conditions apply to all wireless communications
towers and wireless communications facilities in the City:
Duration of Permits. If substantial construction or installation has not taken
place within one year after City approval of a wireless communications permit,
the approval shall be considered void unless a petition for time extension has been
granted by the City Council. Such a petition shall be submitted in writing at least
30 days prior to the expiration of the approval and shall state facts showing a
good faith effort to complete the work permitted under the original permit.
b)
Assignment and Subleasing. No wireless communications facility, tower or
antenna support structure or wireless communications permit may be sold,
transferred or assigned without prigr notification to the City. No sublease shall be
entered into by any provider until the sublessee has obtained a permit for the
subject wireless communications facility or tower or antenna support structure.
No potential provider shall be allowed to argue that a permit should be issued for
an assigned or .subleased wireless communications facility or tower or antenna
support structure on the basis of any expense incurred in relation to the facility or
site.
c)
Aesthetics. Wireless communications towers and wireless communications
facilities shall meet the following requirements:
(i)
Signs. No commercial signs or advertising shall be allowed on a wireless
communications tower or a wireless communications facility.
(ii)
Lighting. No signals, lights, or illumination shall be permitted on a
wireless communications tower or a wireless communications facility,
unless required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and design
chosen must cause the least obtrusiveness to the surrounding community.
However, an applicant shall obtain approval from the City if the Federal
Aviation Administration requires the addition of standard obstruction
25
t)
marking and lighting (£e., red lighting and orange and white striping) to
the tower. An applicant shall notify the Zoning Administrator prior to
making any changes to the original finish of the tower.
(iii)
Graffiti. Any graffiti or other unauthorized inscribed materials shall be
removed promptly or otherwise covered in a manner substantially similar
to, and consistent, with the original exterior finish. The City may provide
a wireless communications tower or equipment cabinet owner and/or
operator written notice to remove or cover graffiti within a specific period
of time or as required by other appropriate sections of the City Code as
presently existing or as may be periodically amended. In the event the
graffiti has not been removed or painted over by the owner and/or operator
within the specified time period, the City shall have the right to remove or
paint over the graffiti or other inscribed materials. In the event the City
has to remove or paint over the graffiti, then the owner and/or operator of
the wireless communications tower or equipment cabinet or structure on
which the graffiti existed, shall be responsible for all costs incurred.
Federal and State Requirements. All wireless communications towers and
wireless communications facilities must meet or exceed the standards and
regulations of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the state or federal government with the
authority to regulate wireless communications towers and facilities. If such
standards and regulations change, then the owners of the wireless
communications towers and wireless communications facilities subject to such
standards and regulations must b .~.l?~ng such towers and facilities into compliance
with such revised standards and regulations within six (6) months of the effective
date of such standards and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to maintain or bring
wireless communications towers and wireless communications facilities into
compliance with such revised standards and regulations shall constitute a
violation of this Ordinance and shall be subject to enforcement under the City
Code. Penalties for violation may include fmcs and removal of the tower or
wireless communications facility at the owner's expense.
Licenses or Franchise. An owner of a wireless communications tower or
wireless communications facility must notify the City in writing within 48 hours
of any revocation or failure to renew any necessary license or franchise.
Discontinued Use. In the event the use of a wireless communications tower or
wireless communications facility is discontinued, the owner and/or operator shall
provide written notice to the City of its intent to discontinue use and the date
when the use shall be discontinued.
Abandoned Tower or Antenna. The City may require removal of any
abandoned or unused wireless communications tower or wireless communications
26
facility by the tower or facility owner within thirty (30) days after notice from the
City of abandonment. A wireless communications tower or wireless
communications facility shall be considered abandoned if use has been
discontinued for one hundred eighty (180) consecutive days.
(i)
Removal by City. Where a wireless communications tower or wireless
communications facility is abandoned but not removed within the
specified time frame, the City may remove the facility or remove or
demolish the tower and place a lien on the property following the
procedures (but not the criteria) for demolition of an unsafe
building/structure of the City's housing code.
(ii)
Towers Utilized for Other Purposes. Where a wireless communications
tower is utilized for other purposes, including but not limited to light
standards and power poles, it shall not be considered abandoned; provided,
however, that the height of the tower may be reduced by the City so that
the tower is no higher than necessary to accommodate previously
established uses.
(iii)
Restoration of Area. Where a wireless communications tower or facility is
removed by an owner, said owner, at no expense to the City, shall restore
the area to as good a condition as prior to the placement of the tower or
facility, unless otherwise instructed by the City.
Surety or Letter of Credit for Removal. Prior to the issuance of a building
permit, a surety or letter of credit shall be submitted by the property
owner(s) or tower operator{~s) to ensure the removal of abandoned wireless
communications towers. The surety or letter of credit shall be utilized to
cover the cost of removal and disposal of abandoned towers and shall
consist of the following:
a. submission of an estimate from a certified structural engineer
indicating the cost to remove and dispose of the tower; and
either a surety or a letter of credit, equivalent to one hundred percent
(100%) of the estimated cost to remove and dispose of the tower. The
form of the surety or the letter of credit shall be subject to approval by
the Zoning Administrator and the City Attorney.
FCC Emissions Standards. At all times, owners and/or operators of wireless
communications facilities shall comply with the radio frequency emissions
standards of the Federal Communications Commission.
(i)
Testing required. All existing and future wireless communications
facilities shall be tested, not less frequently than annually, to determine if
the radio frequency emissions from such facilities are in compliance with
27
i)
J)
all applicable federal, state and local regulations. Facilities that are in
existence on the effective date of this Ordinance shall be tested within
three months atler the effective date of hereof, and annually thereafter as
provided herein.
(ii)
Regulations. All existing and future providers shall perform the testing
required by this Section. Procedures shall include supplying necessary
testing equipment which has current certification from an independent
testing laboratory and shall include operating the equipment.
(iii)
Annual Statement. All providers shall submit an annual statement to the
Zoning Administrator fi:om an independent Federal Communications
Commission EMR-certified and qualified engineer demonstrating
compliance with the testing requirements of this Section.
(iv)
Costs. All testing and analysis of test results shall be at the cost of the
provider conducting the test.
(v)
Inspections. The City reserves the right to conduct random radio
frequency emissions inspections. The cost for such random inspections
shall be paid from the wireless communications annual registration fees,
unless an owner and/or operator is found to be in non-compliance with
Federal Communications Commission RF emissions standards,
whereupon the non-comphant owner and/or operator shall reimburse the
City in full for the cost of the inspection.
Maintenance. All wireless comr~unications facilities, wireless communications
towers and antenna support structures shall at all times be kept and maintained in
good condition, order, and repair, and, maintained in stealth condition (if stealth
or camouflage is a permit requirement). The same shall not menace or endanger
the life or property of any person, and shall retain original characteristics. All
maintenance or construction on a wireless communications tower, wireless
communications facility or antenna support structure shall be performed by
licensed maintenance and construction personnel. The City shall notify a provider
in writing regarding any specific maintenance required under this Section. A
provider shall make all necessary repairs within thirty (30) days of such
notification. Failure to effect noticed repairs within thirty (30) days may result in
revocation of a tower owner's or provider's permit and/or removal of the tower,
wireless communications facility or antenna support structure.
Emergency. The City reserves the right to enter upon and disconnect, dismantle
or otherwise remove any wireless communications tower or wireless
communications facility should the same become an immediate hazard to the
safety of persons or property due to emergency circumstances, as determined by
the Zoning Administrator or his designee, such as natural or manmade disasters or
accidents, when the owner of any such tower or facility is not available to
28
1)
immediately remedy the hazard. The City shall notify any said owner of any such
action within twenty-four (24) hours. The owner and/or operator shall reimburse
the City for the costs incurred by the City for action taken pursuant to this
subsection.
Equipment Cabinets. Equipment cabinets located on the ground shall be
constructed out of non-reflective materials and shall be screened from sight by
mature landscaping and located or designed to minimize their visibility. All
equipment cabinets shall be no taller than ten (10) feet in height, measured fi.om
the original grade at the base of the facility to the top of the structure, and occupy
no more than four hundred (400) square feet in area, unless a waiver is granted by
the City upon written request fi.om a provider.
Equipment On Site. No mobile or irmnobile equipment or materials of any
nature shall be stored or parked on the site of a wireless communications tower or
wireless communications facility, unless used in direct support of a wireless
communications tower or wireless communications facility or for repairs to the
wireless communications tower or wireless communications facility currently
underway.
Inspections. The City reserves the right upon reasonable notice to the
owner/operator of a wireless communications tower or antenna support structure,
including utility poles and rooftops, to conduct inspections for the purpose of
determining whether the tower or other support structure and/or related equipment
cabinet complies with the State Building Code and all applicable requirements
and standards set forth in local, ?ate or federal law and to conduct radiation
measurements to determine whether all antenna and transmitting equipment are
operating within Federal Communications Commission requirements.
Security.
(i)
An owner/operator of a wireless communications tower shall provide a
security fence or equally effective barrier around the tower base or along
the perimeter of the wireless communications tower compound.
(ii)
If high voltage is necessary for the operation of the wireless
communications tower or antenna support structure, "HIGH VOLTAGE -
DANGER" warnings signs shall be permanently attached to the fence or
barrier and shall be spaced no more than 20 feet apart, or on each fence or
barrier frontage.
(iii)
"NO TRESPASSING" wanting signs shall be permanently attached to the
fence or barrier and shall be spaced no more than 20 feet apart.
(iv)
The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in height.
29
The two warning signs may be combined into one sign. The warning
signs shall be installed at least 4.5 feet above the finished grade of the
fence or barrier.
o)
Advances in Technology. All providers shall use and apply any readily available
advances in technology that lessen the negative aesthetic effects of wireless
communications facilities and wireless communications towers to the residential
communities within the City. Every five (5) years, the City may review existing
structures and compare the visual impact with available technologies in the
industry for the purpose of removal, relocation or alteration of these structures in
keeping with the general intent of this Section. Such removal, relocation or
alteration may be required by the City pursuant to its zoning power and authority.
17)
Review of Applications. The City shall process all applications for wireless
communications towers and wireless communications facilities in a timely manner and in
accordance with established procedures. The reason for the denial of any application
filed in accordance with this provision shall be set forth in writing, and shall be supported
by substantial evidence in a written record.
18)
Appeals. At any time within 30 days after a written order, requirement, determination or
final decision has been made by the Zoning Administrator or other official in interpreting
or applying this Section, except for actions taken in connection with prosecutions for
violations thereof, the applicant or any other person affected by such action may appeal
the decision in accordance with the provisions of the Land Use and Development
Ordinance.
19)
Revocation. A material breach of any ~erms and conditions of a permit issued for a
wireless communications tower or wireless communications facility under this Ordinance
and the Land Use and Development Ordinance may result in the revocation by the City of
the right to operate, utilize or maintain the particular tower or wireless communications
facility within the City following written notification of the violation to the owner or
operator, and after failure to cure or otherwise con'ect said violation within thirty (30)
days. A violation of this Section shall be subject to enforcement in accordance with the
Land Use and Development Ordinance. Penalties for a violation of a permit or this
Section may include fines and removal of the wireless communications tower or wireless
communications facility at the owner's expense."
Section 3. CAPTIONS. The captions throughout this Ordinance are intended solely to
facilitate reading and reference to the sections and provisions of this Ordinance. Such captions
shall not affect the meaning or interpretation of this Ordinance.
Section4. CALCULATION OF TIME. Unless otherwise indicated, when the
performance or doing of any act, duty, matter or payment is required under this Ordinance, and a
period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein,
the time shall be computed so as to exclude the first and include the last day of the prescribed or
fixed period of duration time.
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Section 5. SEVERABILITY. If any term, condition or provision of this Ordinance shall, to
any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory
agency, the remainder hereof shall be valid in all other respects and continue to be effective. In
the event of a subsequent change in applicable law such that the provision which had been held
invalid is no longer invalid, such provision shall thereupon return to full force and effect without
further action by the City of Columbia Heights and shall thereafter be binding on the permittee
and the City.
Section 6. REPEAL OF LAWS IN CONFLICT. All City laws and ordinances in conflict
with any provision of this Ordinance are hereby repealed to the extent of any conflict.
Section 7. INCLUSION IN THE CITY CODE. The provisions of this Ordinance shall
become and be made a part of the City Code of the City of Columbia Heights. The sections of
this Ordinance may renumbered or relettered to accomplish such, and thc word "ordinance" may
be changed to "section," "article," or any other appropriate word.
Section 8. NO RECOURSE AGAINST THE CITY. Every permit shall provide that,
without limiting such immunities as the City or other persons may have under applicable law, a
permittee shall have no monetary recourse whatsoever against thc City or its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirement of this Ordinance or because of the enforcement of
this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or
other applicable law, unless the same shall be caused by criminal acts or by willful gross
negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
Section 9; EFFECTIVE DATE. The provisions of this Ordinance shall become effective
upon adoption.
PASSED this ~ day of
,2000, on first reading.
PUBLISHED this
day of
,2000, in
PASSED AND ADOPTED this
reading.
day of
, 2000, on second and final
CITY OF COLUMBIA HEIGHTS, MINNESOTA
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