Loading...
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 m mme.mm.meemmm dllll~l I" ® { { llll Il { : .llll l! I /t111 [li,lllllllll,lilii:: -~ll[ll,i, I I I I ill Il:Jill, l l l,. ,ill ' II z I I I I q I WaoldNfm IdoReevy Il' I[I II II II I I I I I I I I I 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. r----~--------------n I I I I , ! ! I I 1 TOTI:IL P. 02 I I I ~'~0 t I I ~'et; ~. t£.oo .oos ,~, .:] '! '1 ¥ Lt'60t NO4'lO'11'W 3.TG,~C.OON / ~ I?~ ;? .:_:-.- OG'6£t ,si' -r-O~ 0~'6£ t I I.~ II gg'tO~ · r.. 0 ?.r./~0 ~ ,:,.3"!'i¥ I I. I J I I I I I I gl. g61. 'oN 'uulfl 'punlPeH '3 llOpUO~l 9099-e~0t, (tgg) :XV,:l O099-GOV (tgg) :3NOI-EI EEl. gg V,LOS3NNt~I 'N¥OV3 ONR I I i / / / / / I i 2.:? ~aa~;~S £' ONlOr'llnn 0'6 I × Ji '-LITr__! L j I/iF ,--f-3 -. II II · : ,: .... 'q N .a~,ua~? ?aa.L?a~.aD I ¢! X '1- It I'P~:'"' , if ,' II, ~ i'J Il .... I Ii m- ,.%. '-'1 F-TF-' I I I BUILDING BUILDING q Street Central A~e~e N.E. / / 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 Eo 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 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : J:XDOCS32XDOCSWIITCHERGXNC\Q%R#04!.DOC and revised document: J:XDOCS32XDOCSWIITCHERG\NC\Q%R#06!.DOC CompareRite found 49 change(s) in the text Deletions appear as Overstrike text surrounded by { } Additions appear as Bold text surrounded by [] 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. 30 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 G:\Col-hts 51456\Tower Siting Ordinance~xaft #7.doc 31