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HomeMy WebLinkAbout02-03-10-PCChair Clayton Larson Commissioners HILLS 1245 W. Highway 96 Arden Hills, MN 55112 Andrew Holewa,--ARVEN 651.792.7800 Liz Modesette Daniel Reiff Arden Hills Www•ci.arden-hills.mn.us Roberta Thompson Clayton Zimmerman Planning Commission February 3, 2010 City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda Regular Planning Commission Convenes 6:30 PM Call to Order 1. APPROVAL OF THE AGENDA 2. MINUTES A. January 6, 2010 Regular Meeting B. January 6, 2010 Work Session 3. PLANNING CASES A. Planning Case 09-003; Zoning Code Amendment Regarding Shoreland Regulations; City of Arden Hills — Public Hearing B. Planning Case 09-016; Conditional Use Permit Amendment and Site Plan Review; 1900 Lake Valentine Road; Mounds View High School —Public Hearing C. Planning Case 09-023; Conditional Use Permit Amendment and Zoning Code Amendment; 1296 County Road F; Estate of George J. Refiling —Public Hearing D. Planning Case 10-002; Minor Subdivision and Lot Consolidation; 1225 Amble Road; Linda Amble —Not a Public Hearing E. Planning Case 10-003; Zoning Code Amendment Regarding Antennas on City Water Towers; City of Arden Hills —Public Hearing 4. UNFINISHED AND NEW BUSINESS 5. REPORTS A. Report from the City Council B. Planning Commission Comments 6. ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http://www.ci.arden-hills.mn.us/planningcases February 3, 2010 Planning Case Map PC# 10-003 Zoning Code Amendment Antennas and City Towers ..... �M.. � M....H..�,.,......��a......�...�.��..,�....�......�...Y.........�..Lk..,.��..�...........k...,...� .��6'� City of Arden Hills ORION UNION WEVE ®������� I11f11. • �► �' ,illi ••" ,-04 t ,----ARZEN HILLS MEMORANDUM DATE: February 3, 2010 PC Agenda Item 3.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #09-003 Zoning Code Amendment Shoreland Regulation City of Arden Hills ATTACHMENTS: A — Section 1305.04, Definitions — Black -lined version B — Section 1330, Shoreland Regulations — Black -lined version C — Section 1325.07, Performance Standards — Black -lined version. D — Shoreland District Map Requested Action Approve Planning Case 2009-003 to amend the City's Shoreland Regulations based on the February 3, 2010, Planning Case Report. The proposed amendments impact three sections of the Zoning Code: • Section 1305.04, Definitions (Attachment A) • Section 1330, Shoreland Regulations (Attachment B) • Section 1325.07, Performance Standards (Attachment C) Background The current set of shoreland regulations was updated in early 2002 to address certain requirements in the Minnesota Department of Natural Resources (DNR) shoreland regulations. While that ordinance update did address some of the technical requirements set by the DNR, there were a number of holes and unaddressed issues remaining after that update. Concurrently, Staff has been faced with a number of questions and concerns expressed by local property owners that are not explicitly addressed in the existing ordinance. These scenarios have City of Arden Hills Planning Commission Work Session for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 1 09-003 Shoreland Preservation Ordinance (Pending)102-03-10 - PCMeeting -Memo - Shoreland Regulations. doc Page 1 of 5 introduced the need for greater clarification to the City's shoreland ordinance so that Staff may be able to promptly address common issues and concerns as they pertain to public waters and wetlands. Over the past year Staff has met with the Planning Commission, the City Council, and the community to discuss amending the City's Shoreland Regulations. Over the course of several work sessions, Staff was able to identify common goals shared by the Planning Commission and the City Council for the revised regulations. A community meeting was held on May 21, 2009, to discuss ideas for the amendments with those individuals who lived within the Shoreland District. Approximately 80 lake shore lot owners attended the meeting. Once the initial input was gathered, Staff began drafting the proposed amendments. As revisions were made the City website was updated with new information, and new drafts were emailed out to participants of the community meeting. The Planning Commission reviewed the proposed draft at both their July and August work sessions. At these meetings the Planning Commission discussed the proposed changes to the regulations and provided Staff with feedback. Staff also discussed the proposed changes internally amongst Code Enforcement, Parks and Recreation, Public Works, Engineering, and Building. The goal was to broaden the context out of which the amended regulations were drafted. In addition to internal discussion, Staff discussed the amendments with the City Attorney, the DNR, Ramsey County Conservation District, and the Rice Creek Watershed District. Discussion with these entities helped shape the regulations further. At their September 21, 2009, work session the City Council reviewed the proposed draft, made additional comments, and directed Staff to bring the ordinance to the Planning Commission for a public hearing and recommendation. At the November 4, 2009, public hearing a number of concerns and questions were raised by both the Planning Commission and residents. The Planning Commission voted to table the proposed Zoning Code amendments to a work session in order to further discuss the issue and provide direction to staff on how to proceed with the proposed amendments. The Planning Commission then met at a work session on January 6, 2010, to discuss the concerns raised at the previous meeting. Proposed Amendments Definitions (Attachment jj Amended pages from Section 1305 have been included in this packet. These are the definitions that are proposed to be added or amended with the adoption of the Shoreland Management Ordinance. Most of the changes come directly from the DNR regulations and are required to be City of Arden Hills Planning Commission Work Session for February 3, 2010 IlMetro-inet.uslardenhillslPlanningIPlanning Cases 12009109-003 Shoreland Preservation Ordinance (Pending)102-03-10 - PCMeeting -Memo - Shoreland Regulations. doc Page 2 of 5 changed to bring the City regulations into compliance with the DNR. A number of definitions have been deleted that are not used anywhere in the City's ordinance. Shoreland &gulations (Attachment B) Section 1330 has been included in its entirety. This section includes the most number of changes. The changes were included to reflect current DNR regulations, clarify current enforcement practice in the shoreland area, and to reflect growing concern amongst City Council and other residents about issues facing the shoreland. Revisions to the draft since the November 4, 2009, meeting have been highlighted. Below is a list and summary of changes made to the Shoreland Regulation Section 1330 since the November 4, 2009, meeting. 1. Purpose — A purpose statement was added that clearly lists the goals of Section 1330. 2. Patios — A regulation permitting uncovered patios within the structure setback to the lake, under certain circumstances, has been added to the regulations. The patios must be uncovered, located at grade, and remain outside of the Shore Impact Zone. 3. Stairway width — The proposed ordinance doe not directly limit the width of stairways accessing the lake. Separate regulations within the Zoning Code limit the amount of lot coverage that can be used for impervious surfaces and the percentage of lake shore that can be cleared for structures. Both of these regulations have the effect of limiting stairway width on a particular lot. 4. Stairway landings — The proposed ordinance limits the square feet of landings within the Shore Impact Zone to 40 feet. 5. Storage sheds —The proposed ordinance permits one accessory storage shed within the structure setback to the lake provided that it is not located within the shore impact zone (25 feet on Lake Johanna) and does not exceed 64 square feet in size or eight feet in height. The structures can be connected to electricity and lighting is permitted. Separate regulations within the Code limit glare as a nuisance. 6. Adjacent Lots — Staff is proposing an amendment to the regulation that addresses construction on lots with two adjacent developed lots. The proposed regulation would require that new construction, and additions to existing homes, have a minimum setback that meets the average setback of the two adjacent lots minus ten feet. This would remove the loophole that allows additions to be constructed up to the minimum setback line, while new homes are required to be setback the average of the two adjacent lots. This would also protect views of the lake while providing some flexibility for lot owners City of Arden Hills Planning Commission Work Session for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-003 Shoreland Preservation Ordinance (Pending)102-03-10 - PCMeeting -Memo - Shoreland Regulations. doc Page 3 of 5 by reducing the average setback by ten feet. Dwellings would still be required to meet the minimum lake setback. 7. Dock setbacks — The proposed regulations include a five foot setback for dock placement at the shoreline. There is also an added provision that would allow the Zoning Administer to alter this regulation if topography or lot width created a significant limitation on dock placement on a particular lot. 8. Mitigation — A mitigation plan similar to the one used by Shoreview has been added in place of the permeable surface credit that was proposed previously by Staff. The new language would require all properties seeking special approval from the City through a variance or conditional use permit to provide a mitigation plan to the City. The mitigation plan would also be required if a property wanted to increase the impervious coverage by up to five percent with a pervious hard surface. Performance Standards (Attachment C) Section 1325.07 included regulations on lakefront lots; however, that section has been removed from Section 1325 and reincorporated into Section 1330. These regulations have not otherwise been altered. Summary Impact of Proposed Ordinance Update The proposed changes will not cause any existing conforming structures to become non- conforming. The purpose of this update is to clarify the regulations, introduce a reasonable amount of flexibility for unique situations, and enhance the City's ability to enforce the regulations. While there is additional guidance in the proposed updates, these changes will not remove any rights that residents already enjoy. Recommendation Staff recommends approval of Planning Case #09-003 to amend Sections 1305.04, 1325.07 and 1330 of the Zoning Code regarding the City's shoreland regulations as presented in the February 331 2010, Planning Case Report. If a motion to approve is made this item will go before the City Council at their February 15, 2010, work session before it is brought to the City Council for a final vote, which may occur on February 22, 2010 City of Arden Hills Planning Commission Work Session for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 1 09-003 Shoreland Preservation Ordinance (Pending)102-03-10 - PCMeeting - Memo - Shoreland Regulations. doc Page 4 of 5 Options 1. Recommend Approval as Proposed: Motion to recommend approval of Planning Case #09- 003 to amend Sections 1305.04, 1325.07 and 1330 of the Zoning Code regarding the City's shoreland regulations as presented in the February 3, 2010, Planning Case Report. 2. Recommend Approval with Changes: Motion to recommend approval of Planning Case #09- 003 to amend Sections 1305.04, 1325.07 and 1330 of the Zoning Code regarding the City's shoreland regulations with the following changes... 3. Recommend Denial: Motion to recommend denial of Planning Case #09-003 to amend Sections 1305.04, 1325.07 and 1330 of the Zoning Code regarding the City's shoreland regulations as presented in the February 3, 2010, Planning Case Report. 4. Table: Motion to table Planning Case #09-003 to amend Sections 1305.04, 1325.07 and 1330 of the Zoning Code regarding the City's shoreland regulations: a specific reason and/or information request should be included with a motion to table. If changes to Planning Case 09-003 are made, those changes can be included with a motion to approve. Notice Notice was published in the Shoreview -Arden Hills Bulletin. Additionally, Staff emailed the most recent proposed regulations to residents that have expressed an interest in the topic. Attachments A — Section 1305.04, Definitions — Black -lined version B — Section 1330, Shoreland Regulations — Black -lined version C — Section 1325.07, Performance Standards — Black -lined version. D — Shoreland District Map City of Arden Hills Planning Commission Work Session for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009 1 09-003 Shoreland Preservation Ordinance (Pending)102-03-10 - PCMeeting -Memo - Shoreland Regulations. doc Page 5 of 5 Attachment A Section 1. 5004 Definitions — Black -lined Version 'It, ,AVEN HILLS City of Arden Hills Planning Commission Meeting for February 3, 2010 Citv of Arden Hills Chapter 13 Zoning Code Section 1305 - Rules, Scope, Interpretation, & Definitions 1305.01 Rules of Construction. The language set forth in the text of this Code shall be interpreted in accordance with the following rules of construction. Subd. 1 The singular number includes the plural and the plural includes the singular. Subd.2 The present tense includes the past and future tenses and the future includes the present. Subd. 3 The word "shall" is mandatory while the word "may" is permissive. Subd. 4 The masculine gender includes the feminine and neuter. Subd. 5 All measured distances expressed shall be to the nearest tenth of a foot and its metric equivalent. Subd.6 The word "lot" shall include the words "plot", "piece" and "parcel" of land. Subd. 7 The words "used for" shall include the phrases "arranged for", "designed for", "intended for", "improved for", "maintained for" and "occupied for". 1305.02 Scope. From and after the effective date of this Code, the use of all land and every structure, building or portion of a building erected, altered with respect to area, added to or relocated, and every use accessory thereto, in the City of Arden Hills, shall be in conformity with the provisions of this Code. Any existing structure and any use of land not in conformity with the regulations herein prescribed shall be regarded as nonconforming uses or structures. This Code does not abrogate any easement, covenant or any other private agreement where such is legally enforceable, provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern. 1305.03 Interpretation. In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience and general welfare. Where the provisions of this Code impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Code shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Code, the provisions of such statute, other ordinance or regulation shall be controlling. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Pabe I of 27 City of Arden Hills Chapter 13 Zoning Code 1305.04 Definitions. Subd. 1 Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow). Subd. 2 Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two-thirds (2/3) of that portion of the acre encompassed by wetlands, one- half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets. Subd. 3 Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. Subd. 4 Administrator. The zoning administrator. Subd. 5 Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels. Subd. b Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another. Subd. 7 Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street. Subd. 8 Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest. Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur. Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild. Subd. 11 Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside,*of any building or structure. Section 1305 - Rules, Scope. interpretation & Definitions Adopted: November 13, 2006 Page 2 of 27 City of Arden Hills Chapter 13 Zoning Code A. Dish Antenna: A parabolic -shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building. or structure_ 1. Class 1: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. 2. Class II: Dish Antenna thirty (30) inches or more in diameter; six (b) square feet or more in surface area; or six (6) feet or more in height. B. Tower: Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind - powered generator. Subd. 12 Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household. Subd. 13 Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the application and/or enforcement of this Code. Subd. 14 Basement. That portion of a building between floor and ceiling, which is partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling_ Subd. 15 Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluffl: I) Part or all of the feature is located in a shoreland area: 22)The slope rises at least 25 feet above the ordinary high water level of the waterbodv; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater and 4 The slope must drain toward the waterbodv_. .Subd. 16 Bluff Impact Zone. A bluff and land located within 20 feet from the top of n h1jiff Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 3 of 27 City of Arden Hills Chapter 13 Zoning Code Subd. 17 Board. The board of appeals and adjustment established by this Code. Subd. 18 Boardinghouse. A building other than a hotel where for compensation and by pre -arrangement for definite periods, lodging and meals are provided for three (3) or more persons, but not exceeding five (5) persons. �e�i�-w-ater-er3efit-ed--ac-ce�iser-y stfttettff e-. S-ubc�: 2-BSubd. 19Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of- way line thereof which may contain within its boundaries a sidewalk or portion of driveway. Subd.20Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing. SQ bd: Subd. 21 Building Line. AJn AIIL ly �a d orkoly thdth e-Iet At thp pointh-�-e---4he--pri-n�-i-pa-1--st -et-u� ---i-s p��-d----in--aceor a e-- -th-- t aero Ions ��- od�igh-watemar: line parallel_to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. all" 171 22 Building, Accessory Structure or Use. A subordinate building structure or use which is located on the same lot on which the principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary use of such principal building or principal use. 24Subd. 23Building envelope. (See Lot, Buildable portion of.) . Subd. 24Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building. Sb�- :-:Subd. 25Building inspector. The inspector as provided for in the building code. S-u-bd:-Subd. 26Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. Su Subd. 27Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 4 of 27 Citv of Arden Hills Chapter 13 Zoning Code Size and height of buildings or structures. A. Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. B. Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. C. All open spaces allocated to buildings or structures. D. Amount of lot area per dwelling unit. s 11121-111 . Subd. 28Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. Sub". Subd.29Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation. Sub�:3 Subd.30Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc. '"Subd. 31 Caliper Inches. The diameter of a tree measured at 4.5 feet above the ground. (Added 4/28/08) S�b�.�Subd. 32 Clear Vision Area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (Revised 3/18/09) Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 5 of 27 Building • • • Clef~ $ on Cie Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 5 of 27 City of Arden Hills Chapter 13 Zoning Code S-uhd; 34Subd. 33Clear-cutting. The_she--r--�-ova-al---of---an- t-i-re--s-t-aIId--�f-tr� :come removal of trees or shrubs in a contiguous hatch, stn'p, row, or block. 8-u-bd:-3-5Subd. 34Clinic. A building for out-patient medical treatment of humans or small animals_ QlaskA 124Subd. 35Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. S-u-bd: 37Subd. 3( Clubs, sports and fitness_ A place of assembly where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness_ Subd, 3SSubd. 37Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. Subd; 39Subd. 38Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. -VOSubd. 39Conditional Use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council. e... %A.:,ha '" Subd. 40Condit'onal Use Permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. Subd. 42Subd. 41 Consumer Small Loan Establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (Added 12/3/08) Su-"d:4�Subd.42Council. The City Council, as established by the Code of Ordinances. Su-hd:44Subd. 43Critical Root Zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For Section 13 05 - Rules_ Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 6 of 27 City of Arden Hills Chapter 13 Zoning Code example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (Added 4128108) Q11 hd Subd. 44Day care facility. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, preschool programs, daytime activity centers, day treatment programs and day services. Su-!a�#�HSubd. 45Density. The number of dwelling units permitted by this Code on one (1) acre. fi�t�Et: d�Subd. 46Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. Sd:-48Subd. 47Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the planning Commission. QvvhA AQ Subd.48Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the .amount permitted under normal conditions. Sttb&SBSubd.49Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. vttbd--5tSubd.50Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old. Subd: S2Subd. 51 Dog Run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. Subd; 53Subd. 52Drive-in business. Any business establishment offering to customers a service which is primarily or exclusively laid out, designed, equipped or operated so as to allow its customers to purchase and receive such service without having to enter the building and usually while remaining in their automobiles. By way of illustration, but without limitation, drive-in businesses include: drive-in banks, drive-in laundry or dry cleaning establishments, but do not include businesses where prepared commodities, such as prepared food, beverages or dairy products are sold. Section 1305 - Rules, Scope. interpretation & Definitions Adopted: November 13, 2006 Page 7 of 27 City of Arden Hills Chapter 13 Zoning Code Grocery stores, confectionery stores, drugstores, or restaurants which offer "take home" food services as an incidental part of their business shall not be considered drive-in businesses. it is recognized that automobile service stations are drive-in businesses within the meaning of the foregoing general definition,, but they are excluded from this definition as used herein since they are treated and defined separately in this Code. Subd.53Drive-up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service or product without having to enter the building. Added December 3, 2008. fSubd.54Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. 56Subd.55Dwelling, multiple. A dwelling containing three (3) or more attached dwelling units. . "Subd. 56Dwelling, single-family. A dwelling that consists of one (1) dwelling unit. SUS: Subd. 57Dwelling, two-family. A dwelling that consists of two (2) dwelling units. VSubd. 58Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers. S Subd. 59Dwelling unit, attached. A dwelling unit which is joined to one (1) or more other dwelling units. . � "Subd. 60Dwelling. unit, detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry. i Subd. bl Earth -sheltered home. A dwelling constructed so that fifty (50) percent, or more, of the exterior surface of the completed building, excluding garages or other accessory buildings, is covered with or bears against earth. Subd. 62 Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for specific purpose_ Section 130 - Rules, Scope, Interpretation & Definitions Adopted; November 13, 2006 Page 8 of 27 City of Arden Hills Chapter 13 Zoning Code Subd—.64Subd. 63 Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. SuW-; 6-5Subd. 64Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building_ Su Subd. 65Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988). Subd. 66Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. S-ub . Subd. 67Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Sru-bd: -69Subd. 68Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. SuW,;-7-OSubd. 69Flood Plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. S�bdSubd. 70Flood-Proof ng. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. S�Subd. 71 Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. S-u"d:7ASubd. 72Floor area. The sum of the gross horizontal area of all floors of a building as measured in square feet from the exterior sides of the exterior walls, or from the centerline of party walls separating attached buildings, but not including covered porches that meet the requirements in Section 1325.03 Subd 2.13; decks; any space where the average floor -to -ceiling height is less than six feet; attached or detached garages; and other detached accessory structures_ Subd. 73Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 9 of 27 City of Arden Hills Chapter 13 Zoning Code Sid:-7Subd. 74prontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. . '7 1,16Subd. 75Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the private passenger vehicles of the family or families who reside upon the lot upon which the garage is located. Ste -"d: 77Subd. 76Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. Sand:- 7 Subd. 77Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one -ton rated capacity. Ste. ' Subd. 78Grade. The lowest elevation of the finished surface of the ground, sidewalk, or other paving within a five-foot horizontal distance from the face of the building. 8oSubd. 79Group home. A group facility in a residential setting utilized by unrelated people on a 24-hour per day basis for purpose of rehabilitation, education, supervision and treatment. (see "residential facility!') Sb�Subd. 80Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession_ Subd. 81 Hotellmotel. Any building, or group of buildings, having six (b) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. Subd.82House of worship. A building, together with its accessory buildings and uses, where persons regularly assemble for religious activities or worship. Sb11:84Subd.83Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (l) person living alone, two (2) or more families living together or any group of related or un -related persons who share living arrangements. Su-bd.95Subd.84Industry. Uses such as the manufacturing, compounding,, g processing, packaging, treatment, assembling or warehousing of products and materials. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted. November 13, 200E Page 10 of 27 City of Arden dills Chapter 13 Zoning Code Sub d. 851nstitutional housing. Student or faculty housing for four (4) or more persons on rental basis, rest home, hospital, sanatorium, nursing home, convalescent home, orphan home. 8"Subd. BbJunkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings. Subd. 87Land reclamation. The deposition of more than four hundred (400) cubic yards of sand, gravel, or other earth materials per single parcel or per acre, whichever is greater, on a site in such a manner as to elevate the grade. Subd. 88Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: A. Naturally vegetated areas, B. wetlands or ponding areas, C. Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), D. Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and E. Outdoor recreation areas. Subd. 89Landscaping. Plantings such as trees, grass, shrubs. --Subd. 90 Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. Subd;-92Subd. 91 Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of survey reap, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open spaces as are required by this Code. Subd: Subd. 92 Lot area. The total site area within the lot lines. Section 1305 - Rules, Scope. Interpretation & Definitions Adopted_ November 13, 2006 Page I I of 27 City of Arden Hills Chapter 13 zoning Code 114Subd. 93Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been net. S Subd. 94Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling. Subd. 95Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). . 1 Subd. 96Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard requirements for each street frontage. Su-b"Subd. 97Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. Quit -we] 98Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Su . Subd. 99 Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. 2bd:01Subd. 100 Lot line, front. The boundary of a lot abutting a street. On- a na corner lot, the shortest street lot line shall be the front lot line. Subd. 101 Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. Subd. 102 Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line. S-"bd:-1_"Subd. 103 lot. Lot, interior. A lot other than a corner or reversed corner Subd-.405Subd. 104 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted. November 13, 2006 Page 12 of 27 City of Arden Hills Chapter 13 Zoning Code Z'sUl-,d: -06Subd. 105 Lot of record_ A lot existing as of April 10 h, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non- conforming lots. Sbd Subd. 106 fronting on public waters. Lot, shoreline. A lot having one (1) or more lot lines S-ubd: 448Subd. 107 Lot, through. A lot. that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. S"d.-449Subd. 108 Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. S-abd.41OSubd.109 Manufactured home. "Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. SW34; 11-1 Subd. 110 Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plasties, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage yards. A. Class 1: Above uses without exterior storage. B_ Class II: Above uses with permitted exterior storage. =1tbd—'1RAug 7Subd. 111 Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. Section 1305 - Rules_ Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 13 of 27 City of Arden Hills Chapter 13 Zoning Code 5.�.-- - Subd. 112 Mining. The extraction of more than four hundred (400) cubic yards of sand, gravel, or other earth material from a single parcel or per acre of land, whichever is greater, in such a manner as to reduce the grade. ...,Subd.113 Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than. twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. �•�. IgSubd. 114 Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site. £-aHd:11bSubd. 115 Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time- s : A Subd. 116 Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. Subd:-BSubd. 117 Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner. Subd. 118 Native Vegetation. "Native Vegetation" - Plant species. indigenous to Minnesota or that ex and their range into Minnesota without bein intentionally unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (-Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. Subd. 119 Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location on the lot where it exists_ Subd. 120 Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the Section 1305 - Ryles, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 14 of 27 City of Arden Hills Chapter 13 Zoning Code adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. Subd. 121 Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. Subd. 122 Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 123 Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or repaired, including but not limited to the following: financial institutions, executive and administrative offices', business offices such as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. Subd. 124 Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. Subd. 125 Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale. Subd. 126 Open space. (See landscape lot area_) Subd. 127 Ordinary High Water Level The boundary of public waters and wetlands and shall be an elevation A-in-ar-k- delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial_ Subd. 128 Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in such area. Subd. 129 Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13.2006 Page 15 of 27 City of Arden Hills Chapter 13 Zoning Code Subd. 130 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker„ means a person engaged in whole or in part in the business of lending money on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from the definition of "pawnbroker." Any bank regulated by the State of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings associations; whose Deposit Insurance Corporation of any successor to it and all affiliates or those banks and savings associations, any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. Subd. 131 Person. Any individuals, firm', partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof Subd. 132 Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; and other services of a similar nature. Subd. 133 Planned Unit Development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the city. Subd. 134 Planning Commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council. Subd. 135 Protected Waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. Subd. 136 Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure. Subd. 137 Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 16 of 27 City of Arden Hills Chapter 13 Zoning Code body of water, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt. Subd. 138 Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. Subd. 139 Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Subd. 140 Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. Subd. 141 Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. Subd. 142 Recreational Vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. Revised February 7, 2008. Subd. 143 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft, Height. The distance as measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utlllty/mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. Revised February 7, 2008_ Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 17 of 27 City of Arden Dills Chapter 13 Zoning Code Subd. 144 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft, Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. Revisers February 7,2008- Subd. ,2008. Subd. 145 Regional Flood. A flood which is representative of large flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Subd. 146 Research. The use of any lot, parcel of land and any structure or building located thereon for the purposes of studying or investigating facts not readily available, such as, for example, medical, chemical, electrical, metallurgical, or other scientific research, but excluding the manufacture or processing of materials or goods for sale. Research with animals is considered a separate category. Subd. 147 Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. Subd. 148 Residential facility. Any facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handi- capped children. Subd. 149 Rest home. A private home for the care of the aged or infirm or place of rest for those suffering bodily, mental or emotional disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity, care for mental illnesses or infirmities-, includes nursing home. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 18 of 27 Citv of Arden Hills Chapter 13 Zoning Code Subd. 150 Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises. Subd. 151 Restaurant, fast food. Any restaurant which meets a number of the following requirements: A. Customarily provides quick service to its customers; B. Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; C. Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress; D. Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose; E. Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags; F. Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided; G. Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; H. Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; I. Generates a high volume and rapid flow of in -and -out traffic because of its quick service mode of operation. Subd. 152 Retail sales and services. Stores and shops selling, renting or leasing goods for uses away from the point of sale or offers services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking, department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies Section 1305 - Rules, Scope, Interpretation & Definitions .Adopted: November 13, 2006 Page 19 of 12-7 City of Arden Hills Chapter 13 Zoning Code (year-round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, and open sales lots are not included in this definition of retail sales. Subd. 153 Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic. Subd. 154 Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities associated with the transportation of students. Subd. 155 Schools, general education. Nursery, primary, elementary and secondary schools. Subd. 156 Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. Subd. 157 Schools, special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. Subd. 158 Service station_ A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job. Subd. 159 Setback. The minimum horizontal distance between a structure and the ordinary high water mark or between a structure and a road, well, highway, or property lines. Subd. 160 Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 20 of 27 City of Arden Hills Chapter 13 Zoning Code Subd. 161 Shore impact zone. The land located between the ordinary hi h water level and a linearallel to it at a setback of 50 percent of the structure setback. �AISubd. 162 from protected waters: Shoreland. The land located within the following distances A. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and B. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. C. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. ub611 Subd. 163 Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. 5 . X%Y.W ubd. 164 Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. 64Subd. 165 Signif cant Tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: Added April 28, 2008 1. A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. 3. A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen (15) feet or more in height. 4. A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 131, 2006 Page 21 of 27 City of Arden Dills Chapter 13 Zoning Code A166 d. 166 Soil processing. The processing of sand, gravel or other materials mined from the land. 5ahgl 166Subd. 167 Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site. SvUbCh 16.7Subd. 168 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it. Subd. 169 Story, half A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half -story containing independent apartment or living quarters shall be counted as a full story. �U�d:-I-�Subd. 170 Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: A. Collector street. A street which carnes traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. B. Cul-de-sac. A street with a circular turn -a -round and only one outlet. C. Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. D. Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. E. Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. AImost all fully and partially controlled access facilities are a part of this class. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 22 of 27 City of Arden Hills Chapter 13 Zoning Code F. Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays. " ""%.a* A I kFSubd. 171 Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. . 1 A bd. 172 Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, travel trailers/vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items. SVE""O --- X_± ...... . ..... 'Subd. 173 Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on the lot on which it is located. &tb-73Subd. 174 Structure, multiple -occupancy. (See Multiple occupancy building). bd: 1-74Subd. 175 Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. �W1hJa I *_7 bd. 176 Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices and air -supported structures are examples of temporary or portable structures. Sil I Subd. 177 Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use. Subd. 178 Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including harp radio and private radio transmitting) or television receiving antenna, a windmill, and a wind -power generator. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 23 of 27 City of Arden Hills Chapter 13 Zoning Code as SA V7.Subd. 179 Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above or below it, and is attached to other similar dwellings by a common wall. Subd. 180 Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. fid: �80Subd. 181 ase, accessory_ A use which is incidental to the principal use of the lot on which it is maintained or conducted. Subd. 182 Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. Subd. 183 Use, principal multiple -operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district. 011 Subd. 184 Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council. QN11hel IRA Aky-Wsubd. 185 use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. S Subd. 186 utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. S:31116d I RAUtIlIty substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. Subd. 187 1%,3411L. otomwed wa %.11i � g; but r t -limited tom; . s non-mot-o-ri-zed---one--a.-nd---t---- r -son --era fes---sine---h---a-s---e- oes;--lfmyalVOc; und--padd1e-booms_ Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 24 of 27 City of Arden Mills Chapter 13 Zoning Code Subd. 188 utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties. Subd. 189 Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed- such asspecial purpose trailers i.e. boat trailers ATV trailers or other hauling trailers. Revised February 7, 2008. �:--IB')Subd. 190 utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle. WX b A. Subd. 191 Variance. A modification or variation of the provisions of this Code, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be allowed as a variance- ......--9-Subd. 192 Vehicle Wwash. A building, or portion thereof, which principal use is the washing of vehicles. SQ1%,1 1 °'Subd. 193 Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. c.,.a. 101W arehousing. The storage of materials or equipment as a principal use within an enclosed building_ Subd. 194 -- a v- -- .• -) ✓- v a a -v v F j., Subd. 195 watercraft. Motorized water -oriented vehicles including, ---but not limited to, power boats',cruisers _ �et skies fishin untin� boats, pontoon boats, and apy non_ motorized craft with greater than a two.person capacity. This definition excludes Section 1305 - Rules} Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 25 of 27 City of Arden Hills Chapter 13 Zoning Code non -motorized one and two person crafts such as canoes, kayaks, and paddle boats. Revised Februaiy 7, 2008. Subd. 196 waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. Subd. 197 wetlands. Transitional lLow-lying areas--i-eh between terrestrial and aquatic systems., either created or natural, covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is not limited to sSwamps, marsehes, bogs, slougbs, wet meadows and shallow lakes and ponds with emergent vegetation. Subd. 198 wetland Alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size doth or contour; dred in . tillin . dammin . alteration of the watercourse• ditching; thin radin • drainin • discharge of water; appropriation of water; changes in vegetation; or otherwise altering; or destroying r a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective cleari'Lig or pruning of prohibited or restricted noxious weeds, unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. Subd. 199 wetland Buffer Stri . An area of vegetated ground cover around the perimeter of a wetland that either in its natural condition or through intervention has the characteristics of buffering the wetland from surrounding landscaping. Subd. 200 Wetland Delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Colps of En ineers wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present 9 %9 d 4ri44 or � Aandrn-g-~, JQRSUbd. 201 Yard, front. A yard extending along the full length of the front lot line between the side lot lines. Su-bd.4-99Subd.202 Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. �ubd,��BSubd. 203 Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 26 of 27 City of Arden Mills Chapter 13 Zoning Code u�g] Subd. 204 Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. Subd. 205 Yard Area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. Subd. 206 Zoning map. The map or maps incorporated into this Code p � as a part hereof, delineating the zoning districts. Section 1305 - Rules, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 27 of 27 Attachment B Section 1330, Shoreland Regulations — Black -lined version 'It, ,-AEN HILLS City of Arden Hills Planning Commission Meeting for :February 3, 2010 Citv of Arden Hills Chapter 13 Zoning Code Section 1330 - Shoreland Regulations 1330.01 General Provisions_ Subd. 1 Intent_ The uncontrolled use of shorelands of -within the City of Arden Dills affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility shall hereby be recognized by the City of Arden Nile_ Subd.2 Purpose. To achieve the olicies described in the Ci 's Comprehensive Plan and State and Federal policies and statutes the Ci intends to determine control and auide future development within and surrounding_.those land areas which are conti nous to designated bodies of public water and areas of as herein defined and re Mated. S ecificall the Ci of Arden Hills Purports to: 1. Regulate thelacement of sanitary and storm water disposal facilities on lots 2. Regulate the area of a lot,_the length of water fronts a suitable for a buildine site and setbacks• 3. Regulate alteration of the shorelands and wetlands of public waters; 4. Control natural environment areas of ecological value to maintain existing_ ag uatic vegetation, and wildlife conditions to the maximum extentpossible� 5. Promote the use of native vegetation as a means to increase stormwater infiltration,Jprovide natural view sheds and screen structures and parking areas as viewed from public waters. SuWA:-.Subd. 3 Statutory Authorization_ This Section Qhnil isbe--_adopted pursuant to the authorization contained in furtherance of the policies declared in Minnesota Statutes Chapters-Se-et-io-n-s 1_054-03F and 462 and Minnesota Regulations-R-ules Parts 6120.2500-6120.3900. S-u-bd:31-nt-erpfeWti-o-n-.-.-4n- ...tbe int retati�� and__ pplieati�n;_-�--provisi -o this S-ec4-i-on--shah-be---held-4,o---be---gym ins um----r-e-qui-r-ements--and--sha-l--1--be 4iber-a-hy--e-enst-r d ----i n Lt4vof a amity, and-it�C Subd.4 Abrogation and Greater Restrictions. It shall not be intended by this Section to repeal, abrogate or impair any existing easements, covenants or deed Section 1330 - Shoreland Regulations Adopted: November 13. 2006 Page 1 of 1-3 88 City of Arden Hills Chapter 13 Zoning Code restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. Subd.S l-i�a"jk�yJurisdiction. This Section shall apply to all lands located within the boundaries of the shoreiand 1330.02 Shoreland Management Districts and Uses. Subd. 1 Classification of Lakes. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and general health.. safety and welfare, certain protected waters in the City have been given a shot -Wand management classification. These protected waters of the City have been classified below consistent with the criteria found in Minnesota Re lations Part 6.120.33001, and the Protected Waters Inventory Map for Ramsey county, Minnesota. . Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 2 of 139-8-8 City of Arden Hills Chapter 13 Zoning Code Valentine 62) - 7 1 Subd.2 Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the Sshoreland Mmanagement Ddistricts are hereby continued as shown on the neap entitled ""Official Zoning Map of Arden Hills, Minnesota," which map shall be properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning districts of the City also shown on the official zoning map pursuant to this Code and the City of Arden Hills Zoning Code. As indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified general development, recreational development, or natural environment lakes. The map and all of the notations, references and other information shown thereon shall have the same force and effect as if set forth in this Section at length. Subd.3 Boundaries of Shoreland Management Districts. The boundaries of the shoreland management districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of a shoreland management district shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon topographic elevations and other available technical data. Persons contesting the location of the shoreland management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Su-bd;:-4Peri-ni-Ite"ses-.-A-ll--permit-te-d -uses--al-lowed.--a.n.d----r-egu-lat-ed---by the.---ap �-able - - -.ictt�dze y�rcs--"�y-n a Section 1330 - Shoreland Regulations Adopted. November 13, 2006 Page 3 of _1.39.-x-8 DNR I.D. No. General beve-lo, en Lakes: z Josephine .............. .... ............................ _ _ .._....- _ . ....... 62-57 _ Johanna _... _....... ...._...... ...... ...... ... .... _ ...................:. ...... . - ....... ._ ...... _ _ ..._.---....__. 62-78 KarthLitfle--Johanna _ 62-7262--58 Recreational -Development Lakes: Little Johanna ................ ._..._............ _............ _......... .-. .................. __.... ..... .- .- _ _ ............ ... ........... ...... __ 62-58 :...... _ _........................... Round Lake ............................................... ......... ............ ... . ... .................... ......... --........... ............ .............. ........... _ . - ------- -. _ _.. _ . _ _ _.-. _ ........ ....... 62-70 .......... .... ........... . ....... ....... atortroxea fakes. ................ . .......... ........ ........ ............. ............... . ................. . ..... ........ .... ............ . ... ..... Sunfish 62-65 Valentine 62) - 7 1 Subd.2 Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the Sshoreland Mmanagement Ddistricts are hereby continued as shown on the neap entitled ""Official Zoning Map of Arden Hills, Minnesota," which map shall be properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning districts of the City also shown on the official zoning map pursuant to this Code and the City of Arden Hills Zoning Code. As indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified general development, recreational development, or natural environment lakes. The map and all of the notations, references and other information shown thereon shall have the same force and effect as if set forth in this Section at length. Subd.3 Boundaries of Shoreland Management Districts. The boundaries of the shoreland management districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of a shoreland management district shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon topographic elevations and other available technical data. Persons contesting the location of the shoreland management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Su-bd;:-4Peri-ni-Ite"ses-.-A-ll--permit-te-d -uses--al-lowed.--a.n.d----r-egu-lat-ed---by the.---ap �-able - - -.ictt�dze y�rcs--"�y-n a Section 1330 - Shoreland Regulations Adopted. November 13, 2006 Page 3 of _1.39.-x-8 Cite of Arden Hills Chapter 13 Zoning Code • r s• i11111 If am Mj a to vl a Liui to s i!q I vo Motts• • t s • • i s i • • i Wffe •- s • s s • f • • • • s t ` - � i • i • s 62=14,03MOMINSLIVn2 MUM 1, a • Kqftoz qu• i s • s• • s ! • . 1a a WANimIL811 Wihviftv Z•. •EMUTOTM a • • V. a .. .... .. i •.• A • • .. • +iw• • A, w. ! • • A • • w. A� w •. wr. • • s �... • t • • • r. i • • • . • • • • • • • • • . • s • ! • • ! r • a 4 ILA• A • • • • • A •• w • � •• • bilk 1 r � s • e16 FUS TA IM WAR"M ".0 72-115T • a► i r _ s i • s 4w ,• •..� a4 � 4 a M • s s w • 1330.03 Bi�1fil et -General Provisions. Subd.l District Requirements. The following standards shall apply to all shorelands of the protected waters listed in this Section. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this Section, then the more restrictive standards shall apply: - Natu�t: Recrea 0 1 avlrmn a tal Devereta P e1 er I I Io ate to Lot Area (square feet): = 44,000 20,000 14,400 Riparian Lot _._ ...... -... _._......... --------------------------------- - __._....-------..-......... _._.__..-. _------.. --------- .------- .-.... _....------- ----- - ...................... Lot Area (square feet): Non- = 14 004 - 14 000 ...-_...-_......__.._.............- -- _ - - ........._...... - - - ---.................... 141000 ( for District R-1) .Riparian Lot ...____...................... ..._.........--.--...........----------___ ------ -------�.__.. _. --- -----------------.._ ._ - -- -------._....-_----------- --- :---- 1 l 000 (for Districts R-2 R-3 R-4) ..._....................----------------...--------------- ----- ..---._......._._--.-_ ---- ----------------- Minimum Water Frontage and Width at Building Line 125 75 75 (feet) - ........ ---........... -........ -.... -................... --................ - ........ ............... -- ..........a. _.......... ......_ ..._..... - ........._ .:. Structure Minimum Setback from Ordinary High Water 154 75* 50 Lever ( feet) _... _ .... _..__..... _........ ..... ........ ---------------------------..--------------------_.......................................---------- - _._..._..---- -- -..... ............... ..... .......... --_................................ - .......... ........... Structure Minimum Setbacks icts R = 40 for Distr- I , R-21 R-3, R4 from. Streets and highways 50 for Districts B-1, B-2, I-2 (. ................ _................................ _._......... ........................................ ............... . _ ... _....._..__...... Structure Maximum Leight 35 for District R- I, R-21 R-3, R-4, B-1, B-2, I-1 (feet) 45 for District I-2 ....... . ....... ................ . ...... . ................... . ..... ........... . ........ . ............ ........... ------- ......_...................................---.-----...------....-- --..__...-...---_............................ _........................ .-_... _ - --._.._........._..........._............ . Maximum Lot Area Covered 35 for District R-1, R-21 R-31) R-4 by Impervious Surface (%) 65 for District I-1 L 75 for District B-1, B-21) 1-2 'See Section 1330=03, Subd. 5 for Exceptions to the Structure Setback Requirement Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 4 of 1398-8- City of Arden Hills Chapter 13 Zoning Code U-Ses—a-nd-Btii as €ed --b -q �---n-one--on-far—mgy r-Augh f:ep--- -eplagement- 11Lf%At__--_-.=_ __ jzr-avi d ad r1T�i�.3C�rI at Oflmnlrst y n�Ii�iZnar�f but ncht for i -n- -tat- e--462. -3 -5-7- -bbd--I--e: L-o-t-s---of--r--ec-ord----i-n---the--off-ic-�e(s-)--of----the-4C ,,L,,�ordef �F t � -per--t-o--t-he---da-te---of --enact men -t ----o- f --t- s - e--w�-do- t A: -T -he- e--B-permitted--l'-n-4h-e- z-on-ing -d-i-str-iet;�n-d; �•- • t I 1 • • • •• a w !_ • A i MBLI• .� V t .�. 1 1 i - --met er- a tt -and-d e� �n --re ui -e tf- i�ee--tion--- ��i-ed--� far---a�--- pretic 1 _and --� n ----ac n *OU •IL ..•. • a r! a• • a.. •.. MIM• �,ff •O• • • fib: 4Subd, 2 Roads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surface waters and nutrients in accordance with the following criteria, A. �'� -��- b "�-pra-efieal; Aall roads and parking areas shall meet the setback requirements established for structures of this Section. A—r. li1 iii! it �7�C plcAQA30JLN than -may (50)-f-eet-from -4-h-e--k�-rd-inry-hi ke -B. Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water. subd. 3 Elevation of Lowest Floor. A. Structures shall be placed at an elevation consistent with the City's Mood plain management controls as set forth in Section 1335 of this Code. B. In areas not regulated by flood plain management controls, the elevation to which the lowest floor, including basements, shall be placed shall be determined as follows: 1. For lakes, ponds, and flowages, by (a) an elevation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota,'' or (b) placing the lowest floor at a level at least three (3) feet above the highest known water level. In those instances where sufficient data on Section 1 330 - Shoreland Regulations Adapted: November 13. 2006 Page 5 of 39-8.8 City of Arden Hills Chapter 13 Zoning Code known high water levels are not available, the :l,r^*er r-kordinar�high water level shall be used. 2. For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota." Subd.4 Adjacent Lots. Where two or more existing adjacent dwellings have shoreline setbacks that exceed the minimum setback from the ordinary hiprh water level by ten 10 or more feet the shoreland setback for a new dwelling unit or an addition to a dwellin shall not be less than the averse of the shoreland setbacks for such existing adjacent dwellings minus ten 10 feet. However, in no case shall the new structure or addition be within the minimum setback from the ordi*naLy high water level as stated in Section 1330.03 Subd 1. Subd.5 Exceptions to Structure Setback Requirements. No structure shall be laced within the structure setback requirements of the shoreland many ement district_ The following are not classified as strictures for the purposes of this section: A. Rth.n, Docks and Boatlifts. Setback requirements from the e -di ;",L ordinary high water level shall not apply to to end --docks and boatiifts. Location of ocks and boatlifts shall be controlled by applicable State and local regulations_ B. Stairways, s access lifts and landings. Setback requirements from the ordinary him water level shall not apply_to stairways, access- lifts, or landings. Stairwa s and access lifts are the preferred alternative to major too a hip alterations for achieving access up and down bluffs and steep �slo es to shore areas. Stairwa s access lifts and landings located within the Shore ILnnact Zone shall meet the followingrdesign standards: 1. Landin s for stairways and lifts shall not exceed 40 s uare feet in area. 3:--2. Canopies or roofs are not allowed on stairways, access lifts., or landings. C. Uncovered patios. At grade uncovered atios that have an underside surface that is entirely_in contact with and wholl supported,,,by the ground may be laced within the structure setback re uirements from the ordinary high water level but shall not be laced within the Shore Impact Zone. Uncovered patios shall not be considered landsca ed area when calculatin lot covers e. B-. -Fences. Chain-link, or other types of fences with a transparency of at least 75 percent nay be -placed within the structure setback requirements Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 6 of 138 Citv of Arden Dills Chapter 13 Zoning Code from the ordinary high water level but shall not be placed within the Shore Impact Zone. D. E. Lakeshore lots may be permitted one (1) accessory storage shed within the required structure setback from the ordinary high water levelprovided that it. I. Is not located within the Shore Impact Zone. 2. Does not exceed 64 s are feet in size and eight 8 feet in height, measured to the hi hest oint of the structure. 3. Is not designed or used for human habitation and does not contain a water suppl.y or sewage treatment facilities. ---A► a 1mII1i2.1= Subd. 6 Maintenance of shoreland. The shoreland shalt present a neat and not unsightly appearance from the water and shall be protected from adverse conditions affecting the public. A. Up to ten (10) percent of the shoreline of a property may he utilized for docks, but no property shall be limited to less than four feet of the shoreline for the utilization of a dock, subiect to DNR regulations. At B. Docks shall be setback a minimum of five 5 feet from side property lines at the point of attachment to the shoreline. This requirement may be adiusted by the Zonine Administrator in cases where topography or lot width sign ifi*cantllimits thelacement of docks. C_ watercraft and other water equipment shall be stored in accordance with Section 1325.12 Recreational Vehicle Utility Trailer Riding Lawn Mower, and watercraft Outdoor Stora e, and be kept in a neat and orderly manner_ D. The rental of dock space shall be prohibited. Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 7 of 139M City of Arden Dills Chapter 13 Zoning Code E. Boatlifts docks watercraft accessory structures and any other equipment that is in a state of disrepair, inoperable, or otherwise unusable shall not be stored outdoors. F. Grading or otherwise removing natural cover from the Shore Impact Zone or cutting or filling which changes the natural shoreline shall be Prohibited without proper permits. G. The accumulation of debris,; the creation or maintenance of safe hazards,; and similar activities shall be prohibited. W -TO 49 21�160111&" 9 5 ftffl�J&*V 6 IDA," 0 9 6 1 ftWM%MW#9* &I �119A�,WVX" Irf 11 'AIM swung M MKIJB&W,�J .18805 e I BLV 8• f = ! f g ! WA • • Q LL . Shoreland Alterations. Subd. 7 A. Removal of vegetation. The removal of vegetation shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of na vegetation in the shoreland management districts shall be subject to the following provisions: -1. In Shore Impact Zones and on steep_slopes, limited clearing of trees and shrubs for access to the shoreline, and cutting.,prunin , and trimmin of trees is allowed provided that a minimum of seventy-five (75) percent of the Shore Impact Zone be left in its natural state. 2. The minimal amount of vepetation shall be altered and sufficient Metative cover shall remain to screen cars dwellings and other structures when viewed from public waters. -1-:Except for the removal of invasive species, c �� v f 3. fear -cutting of.. A.......1 -vegetation shall be prohibited. � 2-.--Natur-al-Native vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. 4. 5. All disturbed areas are restored tovrevent soil erosion. Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 8 of l3' 89 City of Arden Hills Chapter 13 Zoning Code 6. The above provisions are not applicable to the removal of trees, limbs or branches that are dead diseased or pose safety hazards. B. Grading and Filling. di end--' -pf;oteew meter, -admin t --pent----sh -fed. Iff 4he--am.,be �f v . aere of land IfIlk 7 ' Y - cr - ����rr- L ivrr-Ylai rnV-� rY' -ri rr A 1 �i$�g amt-l:All land disturbance activity in the Shorelapd Management Dista *ct shall be subject to the provisions of Chapter l5. }f the City Code. Erosion and Sediment Control. est am �-grou o -a t�n��-fea �•*,A al, �v Yfi T � I'f d ■ 1� 3 .Llri ILY _..._._._.-. Y"11-dsShoreline Alterations. Any work which shall change or diminish the course, current or cross section of a protected water or wetland or shall alter the shoreline below the ordinar�ih water level, shall beavedppro—subject to approval by the Commissioner of Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes, c ow J 1 nc 2 q��+h � reIaied A D. Permeable Surface Credit. At the discretion of the Zonin Administrator up to five ercent of a lot's re uired landscaped area but not exceeding 700 s uare feet ma be covered with pervious hard surfaces sub 'ect to the approval of a Shoreland Miti anon Pian. Section 1330 - Shoreland Regulations Adopted: November 13, 2006 Page 9 of .1-398.8 City of Arden Hills Chapter 13 Zoning Code E. Shoreland -Mitigation. A shoreland mitigation plan must be submitted for residential development that re wires land use approval includin but not limited to variances; conditional use ermits • subdivisions- rezonin s• ora permeable surface credit.j-m4jjisl- The plan shall be deli ned to miti ate the adverse effects land development has on water guall'and the lake environment. The mitigation plan shall be signed bv the roe owner approved bv the Zonin Administrator, and a Mitigation Affidavit recorded with the Register of Deeds prior to the commencement of develo ment activi Furthermore mitigation plans shall be completed within one year of theplan's approval unless otherwise Approved by the Ci . An escrow fee that shall be held for a minimum of two years shall also be subnm tteAuJ'6j. The miti ation plan shall include at a minimum two of the following ractices: I. Ve etation Restoration. Ve etation restoration areas mav be established which at 'a ` m*imum shall include land within the shore and the bluff impact zones or steep slopes. Land area shall be restored from lawn beach or other disturbances usin native or natural landscaping. a. Steep Slope/B-1. Restoration. Steep slopes and bluffs that are vegetated with t xrf -may be restored with deciduous and ornamental trees evergreens and shrubs that are native to the area. b. Shoreline Buffer Restoration. A buffer zone of at least 25 feet from and nrallel to the ordina hi h water mark shall be.planted or restored and maintained with vegetation native to the area to fullest practicable extent possible with effective erosion and sediment control. Existing natural beaches or beaches which have been ermined b the DNR shall be allowed to continue and be maintained. A minimum of 30 ercent% of the lot's shoreline area shall be restored. This restoration area shall be conti nous unless otherwise a roved as art of the mitigation plan. 2. Architectural Mass. The use of natural colors and/or materials on the exterior of the structure shall be used to reduce the visual impact. Natural colors are shades of brown. grav, and ereen. Natural materials include wood or stone that complement the setting of the structure. 3. Removal of Nonconfornfinp, Structures. The mitigation lan ma include the removal of structures that do not comply with the re uired structure setbacks from the ordinary high water Section 1330 — Shoreland Regulations Adapted, November 13, 2006 Page 10 of 13988 City of Arden Hills Chapter 13 Zoning Code rine or are located within a shore im act zone or bluff im act Z 4. Reduction of Impervious Surface Coverage. The Mitigation Ian ma • include a minimum five ercent5% reduction of the existing impervious surface covers e. The preferable location of this reduction is within thatport-ton of the lot that drains to the lake. 5. other Practices. At the discretion of the Zoning Administrator other restoration or protection, activities may be approved as art of a miti anon plan provided th-ev meet the objectives of this ordinance. Examples include the removal of artificial sand beaches stormwater man ement and replacement of seawalls with bioengineering structures. Subd. 8 Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Subd.9 Planned Unit Developments. Planned Uunit Ddevelopments may be permitted in accordance with this Code and the City of Arden Hills Zoning Code, provided that preliminary pians are. approved by the Commissioner of Natural Resources prior to their approval by the City, and further provided that: A. Open space i s preserved through the use of restri cti ve deed covenants, .public dedications, or other methods. B. The following factors shall be carefully evaluated to ensure the increased density of development shall be consistent with the resource limitations of the protected water: 1. Suitability of the site for the proposed use; 2. Physical and aesthetic impact of increased density; 3. Level of current development; 4. Amount and ownership of undeveloped shoreland; 5. Levels and types of water surface use and public accesses, 6. Possible effects on overall public use. Section 1330 — Shore -land Regulations Adopted: November 13, 2006 Page I I of 138 City of Arden Huls Chapter 33 Zoning Code 1330.04 Notification of the Commissioner of Natural Resources. �. /. ` • �. • • • r • er-•1-ional, • •• •• •ullit %J1 • • • • i • �[ • • .• •r. • • Ink• •. • !�. • • • a a a a • • r•• •• •• s•• • •• • • • . • '11 • ••• •• • • • � • s' • s • • ----JUH e�S - ro ��-of- 'oe-edAr-es; a a ' ! i .i s • 2�--�u��—ff'�tt�$�16i3S; P !. l• :. • * .w. ! .r.a a f. a ! 0400111111111 s • • • .ik r . WWWA A IT ` .a BE S • aIT= • • • 4011 IF V ff • i R • � Y• •. • .•. •. r r I a •. �. a a W. • ww. � •. •. a..st. �..• •• • . • •• • :•. • .�. 418 �i �. �•. •. Broilsa IN • • s • • r tir • •NSA IVA NLV,&'&W%16 • s • • •a •a. t • • sas IL I IT a. !. !. ..• .•• Ml W'01 .a • �. •. •.. . • • •. . •..• . .. i . • . • • . . • i r • • Z.. • • r • • • • • s L• r • • .• bVIAJ TIM IF a. ! • h : -- - -h i s. I reg- o- h esu r � L.J ter 1i"motion n+L4 Y 61 unt-e&- -pision� of thi s-cod� a -oOf • ,i. • w i • • •WWJLV,A 6 MIX ee a • i / e1 IAI!Vwl*• 6 ELEL16VJ • . a• 1111, 111 11 111111. • • . • • • . • MR.W. • VM 5 rww • VIVA 6 LWXV KIM ILVVVAWIVs s, • 1 • s i a � • �!. r•• r a � a i . • . � • • a • • a . as • • • •. r•• a • • � •: • • • • • I • • • a a • • n• • • • • ! • -.72-1 T.1 mw& 11M W r • • • • . • • • a a • a •• a • a i WALM12111011iii • IL WA WWAL411 IkWi411111!• 16 6,111 f &V 9 6 8 9 8 9 8�. • • • . 1 s • . _ : a • s i s a • 44 • .s• a• a• s • •• •• .• • •• •• •a• • • as •• • a• • • • •• . • •••• .•s • . f ••s r•• . ••• • .i •• •.! • • • • .• •• i 1 ••. IV• • M • •: a • • a i• • • . •a• 1• t -v � • • Rig t •low 08• • s . . s •i-�s�ss=s�inig� s 1,11 r.TM a IM Mil • • • • ! • • I • • • • Variances. A copy of any request for a variance to the provisions of this Section or plats which propose any lots which require variances to the lot area and dimensional requirements of this Section or the notice of a public hearing to consider aepee-; n I conditional use permit or planned unit development permit shall be sent to the Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 12 of 139.88 Citv of Arden Hills Chapter 13 Zoning Code Commissioner of Natural Resources such that notice shall be received by the commissioner at least ten (10) days prior to the hearing or action on the request. Subd. 2 Amendments. A copy of all amendments to this Section and final decisions granting variances or conditional uses within the shoreland management districts shall be sent to the Commissioner of Natural Resources within ten (10) days of the amendment or final action. Subd 3. Plats. Copies of all plats within the shoreland management districts shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City. Section 1330 — Shoreland Regulations Adopted: November 13, 2006 Page 13 of 1398S Attachment C Section 1325.07, Performance Standards — Black -lined version ,!it ��HILLS City of Arden Kills Planning Commission Meeting for February 3, 2010 City of Arden Hills Chapter 13 Zoning Code 1325.07 Performance Standards. Subd.1 Maintenance. A. Health and Safety. In all districts, all buildings and structures, including fences and rewired landscaping, shall be maintained so as not to be unsightly or present harmful health or safety conditions. B. Snow Removal. In all .districts, it shall be the responsibility of the residential and/or business land owner to insure proper snow removal from the sidewalks within twenty-four (24) hours after the last accumulation of two (2) inches or more. Subd.2 Refuse. A. Containment. In all districts, any waste materials, debris, refuse or garbage shall be stored and kept in accordance with the requirements of Section 520.041, Subd. 4 of the City Municipal Code, as the same may be amended from time to time. B. Noxious Weeds and Objectionable Plant Growth. Land shall be kept free of noxious weeds and unsightly or objectionable plant growth of eight (8) inches or more in height. C. Home Interiors. Home interiors shall be kept in a clean and sanitary condition free of any accumulation of rubbish and garbage in compliance with State Health Regulations. D. Compliance Deadline. Existing uses shall comply with these provisions within thirty (30) days following the effective date of this Code. Subd. 3 Exterior Storage. A. Residential Districts. 1. Materials and Equipment. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining lots, except for the following:. Laundry drying and recreational equipment, construction and landscaping materials currently (within a period of twelve (12) months) being used on the premises; agricultural materials and equipment if these are used or intended for use on the premises; off-street parking of passenger cars and pickup trucks. Section 1325 — General Regulations Adopted: November 13, 2006 Page] of 3 City of Arden Hills Chapter 13 Zoning Code 2. Boats, Trailers and Utility Vehicles. Exterior storage of boats, trailers and utility vehicles is not permitted in any residential district, except as regulated in Section 1325.12. B. Business and Industrial Districts. 1. Screening. All exterior storage in the business and industrial districts shall be screened from public view, except materials and equipment currently being used for on-site construction. 2. Parking. Vehicles, including but not limited to cars, trucks, buses and RV's parked and/or stored in public view for more than a period of seven (7) days shall be prohibited unless allowed by the permitted business or industrial use, except as regulated in Section 1325.12. Subd. 4 Electrical and Radiation Emissions. No activities shall be permitted that emit dangerous radioactivity beyond an enclosed area. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances. Subd. 5 Environmental Pollution. Emission or creation of noise, odors, vibrations, glare, dust, smoke, heat and toxic or noxious fumes shall conform to such standards as are from time to time established by the Minnesota Pollution Control Agency. None of these shall be at a level that is objectionable to surrounding properties. A _. r U o�, - � sea g- L W- lamas �n -f ---- � ¢ W X 1%, slia-11 be land.eft- --i:t iAUL441 uta-. MV #%IV&V4 W02,01 rul Z it WAS 0.9 677T IMIMILYMEWWYALza'.0. ! WA • • t ! r' "It � a Section 1325 — General Regulations Adopted: November 13, 2006 Page 2 of 3 City of Arden. Bilis Chapter 13 Zoning Code h�t . Subd.6 Animals. A. Location for Buildings Housing Farm Animals. Any building in which farm animals are kept shall be located a distance of two hundred (200) feet or more from any lot line. Any open structure in which farm animals are kept shall be a distance of four hundred (400) feet or more from any lot line. B. Number of Animals Allowed. Up to four (4) domestic animals, excluding birds and fish, are permitted in any dwelling unit, but without a residential dog kennel License not more than two (2) may be dogs. Up to three (3) dogs are allowed with a residential dog kennel license. Dog enclosures may be located only in a rear yard in all zoning districts. C. Animals for Research. Animals for research may be kept in appropriate places by conditional use permit. D. Wild Animals. Wild animals are not permitted in any district. Subd. 7 Site Grading. A. Erosion Prevention. Earth surfaces shall be planted or stabilized to prevent erosion. B. Drainage onto Neighboring Property_ Finished slopes and grades shad not cause adverse drainage effects on adjoining properties. Section 1 325 - General Regulations Adopted: November 13, 2006 Page 3 of 3 Attachment D Shoreland District Map It EN HILLS City of Arden Hills Planning Commission Meeting for February 3, 2010 "M t� 00� �RZEN HILLS MEMORANDUM DATE: February 3, 2010 PC Agenda Item 3.B TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: PC #: 09-016 Mounds View High School, Robert Madison Conditional Use Permit Amendment and Site Plan Review 1900 Lake Valentine Road ATTACHMENTS: A — Application and Supporting Materials B — Air Photos and Photographs C — Site Plan Requested Action The applicant has requested a Conditional Use Permit Amendment and Site Plan Review to construct a single stand of bleachers and install a foul ball netting system behind home plate adjacent to the recently constructed ball field. Background 1. Overview of Request: Mounds View High School received a Conditional Use Permit (CUP) Amendment to construct a baseball field in the southwest corner of the school property in 2008. One of the conditions of approval of the CUP stated, "If foul balls are a problem after construction is completed, the Permittee shall work with the City and the neighbors to find appropriate solutions. The District shall implement the solutions as determined by the City". At their September 9, 2009, meeting the Planning Commission reviewed a request to construct a single stand of bleachers adjacent to the new ball field. During the public hearing City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 1 of 7 a number of concerns were raised over frequent foul balls flying into adjacent properties. The Planning Commission voted to table the application due to this concern, and asked Mounds View High School to review the problem and provide a plan to deter foul balls from encroaching onto neighboring properties. The applicant did look into a number of options for deterring foul balls and has amended their original application to include a foul ball netting system in addition to the stand of bleachers originally requested. According to the applicant the bleachers are needed to accommodate the needs of existing game watchers and to serve the needs of games that would already be taking place on the field. This project will not increase the number of students at the school. The netting system is needed in order to deter foul balls from flying into adjacent properties. The netting system would be a removable netting panel that would run behind home plate and along the length of the first base line. The netting panel would be affixed to 50 foot tall steel poles that would be permanently affixed in the ground. The netting panel would be extended only during games. Mounds View High School operates under a Conditional Use Permit (CUP), which was granted in 1978. In 1984 a CUP Amendment was granted to construct an addition to the gymnasium. At that time staff recommended that Mounds View High School submit a Master Plan that would identify future development on the property. A Master Plan was submitted and approved by the City Council. Projects that conform to the original CUP and Master Plan need only undergo a site plan review; however, since this project proposes a new stand of bleachers and netting system, not previously approved, Staff has determined that this application requires an amendment to the original CUP. The netting system also requires a Site Plan Review because it would be fencing in excess of six feet in height. Mounds View High School previously had a baseball field and dugouts located elsewhere on the property. These were removed in 2000 in order to implement the existing soccer fields. The applicant has submitted a letter outlining the project and the scope of work, photographs of the proposed bleachers and netting system, and technical data sheet on the proposed bleachers (Attachment A). Additionally they have submitted a site plan indicating the location of the bleachers (Attachment Q. 2. Site Data: . ....::::::::.::::#::::::::::::::::.:::::::::::::::::::::::::::::::: Public and Institutional fid. Lse:::.:::.:.;:::::::.::..::::.::>:::::::<.::::.::.:.::::.:::.::::.::.::.::.::.::.::.::::.:: Institutional x:.::.::.::.::.::.::.::.::::.::::.::.::.:::.:::::.:;:::::::::::::::::::::........:::::::::::::.........: ...... r:.:::.::.::.:.::::.::.:.:::::::.>.::::.:::.:.:::::.:>;.<::.::.:.:.:.::<;>:.::.::.::.:.:.: R-1 Single Family Residential ::::.::::.::.::.::.::.:.::.::.::.::.::.::.::.::.::.:::.::.::.::.::::.:::::.:::.::::::::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::.::....................:.... 9 Y X. .................... e.k:::::::::::::::::::::::::::::::::::......... ........... ::::::::::::::::::::::::::......................... xxx::::::::::::::::::::::::::::::::::::::. 56.34 acres; 2,454,170.4 S uare Feet Z. Square ::: ...... The elevation is en r II flat and decreases tow and the west. r >> : ::::::::::: ::: City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 2 of 7 3. Surrounding Area: North Low Density Residential / Public and Institutional R-1 Single Family Residential Light Industrial / Institutional South Low Density Residential / Park R-1 Single Family Residential Single Family Residential / Passive Open Space East Low Density Residential R-1 Single Family Residential Single Family Residential West Park R-1: Single Family Residential Passive Open Space Plan Evaluation 1. General Zoning Regulations A. Lot Coverage — Meets Requirements This project would not result in an increase of impervious coverage B. Setbacks — Meets Requirements The proposed bleacher stand would be located approximately 80 feet form the rear property line. City Code requires a ten foot setback. C. Height — Meets Requirements The proposed bleachers would be 11 feet four inches in height. D. Landscaping — Meets Requirements The applicant is not proposing to remove any vegetation on the site. E. Fencing — Site Plan Review Required The proposed netting system is a large fence that is designed to deter foul balls from flying onto adjacent properties. The net would be 50 feet in height. City Code limits the height of fences to six feet in side and rear yards. Section 1325.05 Subd 4D allows for deviations from the regular fence requirements in unusual circumstances. This provision is intended to allow flexibility in meeting the purpose and intent of the regulations without the need to show a hardship. The objective of this provision is to improve livability, appearance, and security of properties and their relationship to one another. City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 3 of 7 2. Conditional Use Permit Amendment Criteria — Section 1355.04 Subd 3 Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit Amendments. When evaluating conditional use permits, the Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. 3. Additional Review The Building Official reviewed this project. He noted that the bleachers would require a building permit and be required to meet the State Code requirements for bleachers. He does not have any objections to the proposed plans. Findings of Fact Staff offers the following seventeen findings of fact for the Planning Commission's consideration: General Findings: 1. The applicant is proposing to construct a single stand of beachers behind home plate adjacent to the baseball field located on the property. 2. The applicant is proposing to install a foul ball netting system that would be 50 feet in height and run behind home plate and along the length of the first base line. 3. Mounds View High School operates under a Conditional Use Permit in the R-1 Zoning District. 4. The proposed bleachers and netting were not included on the Master Plan approved in Planning Case 84-001. A CUP amendment is required to include the bleachers and netting system. City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 4 of 7 5. Athletic fields and accessory equipment is permitted under the original CUP for Mounds View High School. 6. The proposed application will not exceed the lot coverage limits for the property. 7. The proposed application meets all setback requirements. 8. The applicant is not proposing to remove any vegetation from the site. 9. The netting system exceeds the six foot height limitation for fences. 10. The purpose of the netting system is to improve the livability and security of adjacent properties. 11. The need for the netting system is driven by an unusual circumstance of having a high school campus and related athletic fields adjacent to residential properties. On the Conditional Use Permit Amendment: 12. The proposed project is not expected to have any significant impact on traffic or parking conditions since no change in the school population is expected and games would take place during off hours. 13. The proposed project will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid, or solid waste. 14. The proposed project will not impact storm water runoff since impervious surface is not significantly increased and no grading is taking place. 15. The proposed project is not expected to have any impacts on school population or density. 16. The park dedication fee is not applicable to this application. 17. The proposed project does not conflict with the City's Comprehensive Plan or the intent of the Zoning Code. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within three -hundred fifty (350) feet of the subject property. Resident Comments Staff has not received any comments from residents regarding this project. The school has indicated that they met with neighbors to discuss the proposed plans. Staff Recommendation Based on the submitted plans and findings of fact, Staff recommends approval of Planning Case #09-016 for a Conditional Use Permit Amendment to construct a stand of bleachers and foul ball City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 5 of 7 netting system adjacent to the baseball field at Mounds View High School. The recommendation for approval is subject to the following four conditions: 1. The applicant shall continue to abide by the conditions of all previous permits and reviews. 2. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities and provide the City with copies of such permits prior to the City issuing any building permits. Options & Proposed Motion Language 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake Valentine Road based on the findings of fact and the submitted plans as amended by the four conditions in the February 3, 2010, planning case report. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 09- 016 for a Conditional Use Permit Amendment at 1900 Lake Valentine Road based on the findings of fact and the submitted plans in the February 3, 2010, planning case report. 3. Recommend Denial: Motion to recommend denial of Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake Valentine Road based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 09-016 for a Conditional Use Permit Amendment at 1900 Lake Valentine Road: a specific reason and information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 25, 2009. Pursuant to Minnesota State Statutes, the applicant granted the City a review extension deadline until April 22, 2010. City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 6 of 7 Attachments A — Application and Supporting Materials B — Aerial Photos and Photographs C — Site Plan City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2009\09-016 MVHS CUP Amendment and Site Plan Review (PC Tabled)\02-03-10 - PC Report - MVHS CUP Amendment.doc Page 7 of 7 Attachment A ApplicatID ion and Supporting Materials ,AVEN HILLS February 3, 2010, Planning Commission Meeting EN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.ci.arden-hills.mn.us For Office Use Only Planning Case No. 09- -S Submittal Date Application Completed Date 011 Accepted by Receipt Number Council Decision Council Decision Date 2009 LAND USE APPLICATION .Applicant Information A licant: Mounds View High School - Bob Madison Address: 1900 Lake Valentine Road Telephone No:651-621-7121._._...._.M..._ M ..Other:.� ._..._.. _,...,M..._ . Fax No.: 651-621-7287 Email Address: robert.madison@moundsivewschools.org Property Information Property owner: Mounds View Public Schools _Owner Address: 35O HighW�y 96 W. .Owner Telephone No .. w_ . Others. Address ofProperty Involved: 1900 Lake Valentine Road. .Legal �Descri ption. ._.m.._,._�....._...._. _ .m....w.-... __._......_..._.._..__._._._�.._._......._...__. . PropertyID No..:.....���_....�.�.._..�..����M......�.M.��....�W.�._�..���..__.�...�..�.�...�_�.�_�.�.�..�._..�..-.�_��_..�.__.-_...��.��_�.�._...._..�..�_�.�.�...�.�.�_�._�....��..�.�w�..�.M�..���.�..�..._�.��...�..aw.�.�.�� �_qf ,Use: Zone_._...m _ .�.� . _..._ _. Proert_y Acreaqe:__ �T �e of Reg est* IJ Apportionment of Assessments ($30) LJ Comprehensive Plan Amendment ($550) LJ Conditional/Interim Use Permit or Amendment ($350) Ll Final Plat ($400 + $25 per lot) ❑ Master Planned Unit Development ($600 +escrow) IJ Final Planned Unit Development ($200) ❑ Planned Unit Development Amendment ($350) ❑ Zoning or City Code Amendment ($550) Ll Land Use Requests —Not Already Specified ($200) Ll Appeal of Administrative Decision ($75) LJ Minor Subdivision (lot split/consolidation) ($425 +escrow) LJ Preliminary Plat ($600 + $25 per lot +escrow) Ll Variance (Zoning Code) ($350) Ll Site Plan Review ($400) Ll Rezoning ($550) 0 Site Plan Review (Sign or Fence) ($250) Ll Vacation of Easement or Right -of -Way ($300) Revised: 12-16-08 Page 1 of 3 *Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763- 398-3070 for additional information. *The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. *All applications may be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Itla-- ----ARzEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.ci.arden-hills.mn.us Planning Case No. 09 - Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2009 LAND USE APPLICATION Applicant Information Applicant: Mounds View High School Address: 1900 Lake Valentine Road Telephone, No.:651 621 7121 Other Fax No.: 651-7105 Email..... . ...... Address:...... . .................................. 1 -111-1 rober.............................................. 11-11111t.ma......... . ..........................dison................. ............ ................@moun-- 1-1 ........... ..........................dsviewsc....................... 1.1-1-11111 '--1.111- 11 ................hoo11111-111 ...............ls.org Property Information __Pro�ertY „oWn-1-111-1 er; Mo1.un- Ids View Pu11- 11.1.1.1'.."...","�.I.I.I."..",�� 111-1.- 1-111blic1 1-1111"..' Schools -.1- 1-111.11-.1-1-11 1-1-1111 1 -1-1-1-- 1 - ---1.11-1.1-1-111 1 1.1-1-.1-111 - 1 111-11.111111-.1-111.111 1 111.1-1.- 11-1-1.1'.......... 1 .1, 111-11.1-1.....1-11".... Owner Address: .Owner Telephone No Sames as abov............. ...................e Other Address of Property Involved: ......... ................ .......... . ............................... .............. ............. ...................................... .... . ........ ............... .................... .......... .............. ......................... ............. .............. ......... ................... . .................. .......... ............... . .......... . ....... .......... . ................ .................. ......................... . .... ................. . ......... .. ............ . .. . ... . ............. . ......... Leal Description:.1, . .......... _Property ID No Type of_Use ................ 11-1111.11.11 ...............Zone .......... ............Property_Acreaqe..._.. .....�_.._...._..._____.,.... _._.,..,.......__�.�...�.��... Te of Request* Apportionment of Assessments ($30) LJ Comprehensive Plan Amendment ($550) 0 Conditional/Interim Use Permit or Amendment ($350) Ll Final Plat ($400 + $25 per lot) Ll Master Planned Unit Development ($600 +escrow) Ll Final Planned Unit Development ($200) LJ Planned Unit Development Amendment ($350) LJ Zoning or City Code Amendment ($550) LJ Land Use Requests —Not Already Specified ($200) LJ Appeal of Administrative Decision ($75) LJ Minor Subdivision (lot split/consolidation) ($425 +escrow) LJ Preliminary Plat ($600 + $25 per lot +escrow) LJ Variance (Zoning Code) ($350) Ll Site Plan Review ($400) Ll Rezoning ($550) LJ Site Plan Review (Sign or Fence) ($250) LJ Vacation of Easement or Right -of -Way ($300) Revised: 12-16-08 Pagel of 3 *Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763- 398-3070 for additional information. *The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. *All applications may be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Brief Description of Request please also include a typed, detailed letter explaining the project .. ................. .......................................................,,.......,...,.,....,,.,....,,...,.....,................................,...,......_.......,,.............................,,........................ .............................-..............................................,....................... P.........................,..,.........,.....,,.......................,...,.................,.......,..,,.....,...,.....,............,.....,...,.......,...........,,...........,.....,....... 1 1 9) �� ...............................................................................................1;............1�........................,.,...,�.,....,/...'........................................................,.......,....,...,..,,,.,...........,.......,.,....,..... 1 1 1 .......................... ......................... ....................................... .................................................................. ......,................. .,........................... ..,.........,...................... .,,............. ....... ............ ....................................... .,,..,,..................................... ........... ...,........................ .,.....,.,............................... ........... ................................. ............ ........................................ ........ .................... ....................... ............ ................ .......,........................... ............................ ......................... .......... ........... ....... ......................... .......... 1 1 1 1 I ............................................. ....................................... ... ............................................................. .............................. .............................. ........,............................... .................... ,......,,............ ........,................... .....,...,........... ,..,............................................... ........................................................... ............................. ................... ....................... .................... ..................................... ............ .....,.............. ............. ................... .... _.............. ............... ................... ,.......... ........ ......... ................................... ............. r F 1 1 1 1 1 ............................................................................................................,........................................................................................................................................................................................................,.................................................................................................................................................................................................................................................................._................................................._..,..................._.................................................._................................................................_...... 1 �... 11 11 1 1 1 1 1 yII 1 t 1.................... ........... ) Filing & Information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. The Planning Commission and/or City Council may still require a certified survey. A checklist for other required information is also available. Complete/Incomplete Applications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Payment of Fees The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required information and fees (including all deposits) must be paid to the City. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Revised: 12-16-08 Page 2 of 3 Agenda Deadline and Meeting Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. 2009 SCHEDULE (*subject to change) Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Require Applicant Signature (If different than the property owner) Ai , f' Date Date Please contact the City Planner at (651) 792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: http://Www.ci.arden-hills.mn.us Revised: 12-16-08 Page 3 of 3 Mounds View High School has enjoyed the use of our new on -campus baseball stadium. It has been a great addition to our campus and baseball program. During the first season we have learned to better utilize this facility. As are result, we have learned there are items we need to help manage Mustang Stadium. With the help of the Mounds View High School Baseball Booster Club, we are requesting the opportunity to install bleachers directly behind home plate. Having permanent bleachers will allow us to manage spectators and will also aesthetically help maintain our facility. (Attached are specifications and pictures.) Thank you for considering our request to better utilize a wonderful facility! Please feel free to call me, if you have any questions, at 651.621.7121. Sincerely, Robert Madison Jr. attachments 1900 Lake Valentine Road 0 Arden Hills, MN 55112-2841 0 651-621-7100 phone 0 651-621-7105 fax ■ www.moundsviewschools.org/moundsview This past September we applied for a Conditional Use Permit for bleachers to be constructed at our baseball field. During our planning commission meeting we were asked to find a solution for foul balls entering neighbors' yards. We now believe we have a solution that will help deter foul balls and people entering bordering properties. Attached are specifics of what we believe is the best option moving forward into the upcoming season. We believe that adding an additional 23 feet in height above the back stop and up to the first base dugout will deter baseballs from entering the neighbors' properties. Thank you for considering our proposal. Sincerely, Robert Madison Jr. 1900 Lake Valentine Road n Arden Hills, MN 55112-2841 ■ 651-621-7100 phone m 651-621-7105 fax m www.moundsviewschools.org/moundsview School _v .... _... 1900 Lake .. Valentine Road Arden Hills, MN 55112 Catalog Quantity Number Description Date:._._ October 20,' 2009 Contact Person: Bob Madi son Project: _ Coastal Netting Sys tern Telephone-, ( 651) 621-7121 Pr v de & Ins -tall Coastal Netting-gjyia- Includes: ' A L + 10 - -1 sectio Steel Pole -12.75 Inch Diameter Pole w Black STRYK Finish. 3 1 I Steel Pole Cabl-e Attachment Hardware lot Unit Price Extension 1 27 ' x 25'..- 3 6 Rop e Bordered Baseball Netting_Panel s 1 R no 47'x 25' #36 Roe Bordered Baseball Netting Panel lot Attachment Quotation in effect until: 12120 Q.,9 Subtotal X28►203.00 We quote you as above F,O.Q, Arden Hills MN Sales Tax N /A Shipment can be made in: 30 Days Freight Included Terms NET 3 0 TOTAL $ 2 8, 2 0 3. 0 0 MPORTANT INFORMATION FOR ORDERING: 1. The purchase order should be made out to- Sports Te chno to gy, .I nc r They will invoice you upon shipment. ?. Sena the order to SPORTS TECHNOLOGY INC. as shown above, thereby authorization can be completed before the order Is processed. 3. To expedite shipment, three items should show on your purchase request: tax exemption number (it exempt), ADDRESS FOR BILLINQ, and ADDRESS FOR DELIVERY. SPORTS TECHNOLOGY, INC. bV Quantity Date. Contact Person: Project: Telephone: Catalog Number Description Unit Price Extensbn Specifications, Terms, & Conditions: This 3 ppla,.2 nettin Anel s stem lis based on1 standard soil conditions of 2000 PSI strep th with free-borin tech- ni ues used, User ' ng & backfill wi tb 7 Cly o 2 S 0 pSI CQ-n-crpt0ther soil conditions ULsoil borin s are not provided),, includin2 rack casin of hales, and water are not inQluded, Cast ncludes removal of sooiis. but does not Ln Quotation in exact until: Subtotal We quote you as above F.O.B. Sales Tax Shipment can be made in: Freight Terms; TOTAL IMPORTANT INFORMATION FOR ORDERING: I . The purchase order should be made out to . They will Invoice you upon shipment. 2. Send the order to SPORTS TECHNOLOGY INC. as shown above, thereby authorization can be completed before the order is processed. 3. To expedite shipment, three mems should show on your purchase request: tax exemption number (it exempt), ADDRESS FOR BILLING, and ADDRESS FOR DELIVERY. SPORTS TECHNOLOGY, INC. by �^`-''�'''`w"''.... . A D D SPORTS TECHNOLOGY INC. 800 MendeLsshon Ave. N. • Suite B •Golden Valley, MN 55427 (763) 546-0437 fax: (763) 52.50070 Mounds View High School Baseball Netting System I 19'-5" O.A.D. 12-04 10 xxxxxxxxxxx 9 8 xxxxx 7 6 xxxxx 5 4 3 2 1 �- - 7'-6" 4'-0" 7'-611 -� SEATING SECTION AISLE SEATING SECTION Plan View 1 Model #10R25A-1 GR 261-111 O.A.L. Model #1 OR31 A-1 GR 321-111 O.A.L. n n n n 19'-5" O.A.D. IT 10 XXXXXXXXXXX 9 8 xxxx xxxxx 7 6 5 4 3 2 1 13'-6" I 4'-0"� 7'-6" 10 �n xxxxxxxxxxx 9 8 xxxxx XXXXX 7 6 5 4 3 2 1 JtAI11VU JtUI1UN A10Lt JtAlINU JtuI1VIY Plan View 19'-5" Side View O.A.H. SEATING SECTION AISLE SEATING SECTION Plan View For more information, please visit our website at: www.jwindustriesinc.com 10 �n xxxxxxxxxxx 9 8 xxxxx XXXXX 7 6 5 4 3 2 1 JtAI11VU JtUI1UN A10Lt JtAlINU JtuI1VIY Plan View 19'-5" Side View O.A.H. SEATING SECTION AISLE SEATING SECTION Plan View For more information, please visit our website at: www.jwindustriesinc.com JtAI11VU JtUI1UN A10Lt JtAlINU JtuI1VIY Plan View 19'-5" Side View O.A.H. SEATING SECTION AISLE SEATING SECTION Plan View For more information, please visit our website at: www.jwindustriesinc.com Attachment B Air Photos and Photographs 'It EN HILLS February 3, 2010, Planning Commission Meeting Attachment C Site Plan 'It EN HILLS February 3, 2010, Planning Commission Meeting 41P \\\��\\�����\\����� ���;0000 II�11� 41�111�1�� 1111�1�1111111�111111 � � \ � �� �� � IIS ��11��� �IIIIIIII I��`�Il�lt�Ill \���\�ILA L -EZ NES rAI"2*N bil. All loor -- �/ 2 �\\ ��� \ � \ � FRO F-O-B-�D QUICK COW�L.E-R co \BL�ncHE ° l sX�/ , � � �wToobE"b� \ �\„ � \� — — — —9zs— — � � � / /RS / 92 '.r 924 -` 9j, o-� \ : � �� � X22 x ",.,.""" x ,.•. � 928 i -A \ t _ ��. �-..�\ p \���!' �! `-�. `�--`` �' `' ,--` '�'`•�. �,,\ �,. 4 iii- — � � 10sPRuc4 , � ry \ ! ''`•. L 12 J 5GALE: I oft 40 "Mt� 40� � DI�EN HILLS MEMORANDUM DATE: February 3, 2010 PC Agenda Item 3.0 TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #: 09-023 U.S. Bank (Michael O'Rourke) on behalf of the George J. Refiling Estate Conditional Use Permit (CUP) Amendment and Zoning Code Amendment 1296 County Road F ATTACHMENTS: A — Application and Supporting Materials B — Original Conditional Use Permit 72-024 C — Ulteig Engineering Structural Analysis Report D — Proposed Zoning Code Amendments — Black -lined Requested Action The applicant is requesting a Zoning Code amendment to allow additional antennas to be placed on existing non -conforming towers and to allow new antennas at a height greater than 75 feet. The applicant is also requesting a Conditional Use Permit (CUP) Amendment to Planning Case 72-024 for the tower at 1296 County Road F to allow additional antennas, if structurally feasible, to be located on the tower without the need for additional CUP Amendments (Attachment A). The CUP amendment is contingent upon approval of the Zoning Code amendment. BackLyround 1. Overview of Request: U.S. Bank, on behalf of the George J. Reiling Estate, has submitted an application for a Zoning Code Amendment as it relates to the existing 240 foot communications tower and associated antennas located at 1296 County. Road F, hereafter referred to as the Reiling City of Arden Hills Planning Commission Meeting for February 3, 2010 llMetro-inet.uslardenhillsIPlanningIPlanning Cases 12009109-023 Reiling Tower Zoning and CUPAmendment (Pending)102-03-10 - _PC Report _-_Reding Tower CUP Amendmentl.doc Page 1 of 9 Tower. The original CUP for the Refiling Tower was approved in 1972 (Attachment B). The CUP allowed for the construction of a communications tower and seven microwave dish antennas on the parcel. Although the approved dish antennas could be replaced with other equipment in the same location, the original CUP did not include provisions for adding or relocating antennas at different heights on the tower. Over the following decades, antennas were replaced, removed, and relocated on the Reiling Tower. There is no consistent record of building or electrical permits for this work, and the original CUP was never amended to accommodate the changes. This discrepancy was discovered during recent inquiries by Clear Wireless to add new antennas to the tower. The Reiling Tower had been maintained by a company called Great River Wireless; however, they abandoned their rights to the tower in early 2009 due to a disagreement with the Reiling Estate. Mike O'Rourke from U.S. Bank was hired by the Reiling Estate to manage the property. Staff informed Mr. O'Rourke that the tower needed to be brought into compliance with the original CUP or the original CUP would need to be amended to address the changes made over the last 38 years. However, a CUP amendment request is complicated by the fact the tower has become a legal non -conforming use. A legal non- conforming use means that the tower was originally constructed in conformance with the Zoning Code, though changes made to the Code since has now brought the tower out of compliance. The Reiling Tower was made a legal non -conforming use when at some point after its approval in 1972, the City changed the Zoning Code to make antennas a conditional accessory use in all zoning districts except for the B-3 District and limited their height to 75 feet. This change meant that new towers could only be built on sites with other uses and antennas could not be placed at heights greater than 75 feet, except for on City water towers. Because the Reiling Tower is the only use at 1296 County Road F and greater than 75 feet in height, it is a legal non -conforming use. Permitting additional antennas would be an expansion of a non -conforming use., which may only be approved in one of two ways: 1. The applicant could request a variance, but would need to demonstrate a hardship as required under State Statutes; or, 2. The applicant could request a Zoning Code amendment to add provisions that allow antennas to be added to existing, legally non -conforming towers at any height, provided the tower can structurally accommodate the antennas. As it would be difficult to prove a hardship in this type of case, the applicant is instead requesting a Zoning Code amendment. If approved, the applicant is then requesting a CUP amendment to allow the additional antennas and the relocation of antennas on the tower. City of Arden Hills Planning Commission Meeting for February 3, 2010 I Wetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report _-_Reding Tower CUP Amendmentl.doc page 2 of 9 2. Surrounding Area: North Light Industrial and Office 1-1: Limited Industrial District Light Industrial and Office (Boston Scientific) South Right -of -Way Right -of -Way Right -of -Way (Interstate 694) (Interstate 694) (Interstate 694) East Light Industrial and Office 1-1: Limited Industrial District Light Industrial and Office (Land O'Lakes) West Light Industrial and Office 1-1: Limited Industrial District Office (Bethel University Office Building) 3. Site Data: Utility Utility 1-1 Limited Industrial District 2.76 Acres ............. ............ .::.:::::::.p::::.:::::::;:::.::.:::::.:::::.:::.>:.:.:.::.::::.::.:::.:.. ::::::::.::.::.: The lot is wooded and enerall slopes downward t the ­::.M... X..,% ::.::::.::.::::.:::.:::::.::::.:: 9 Y p o e south. Plan Evaluation I. Zoning Code Amendment Review There are two parts to the Zoning Code amendment request. The first part would allow antennas at heights greater than 75 feet on existing antenna towers. The second part would allow additional antennas to be located on existing antenna towers up to what would be structurally feasible for the tower (Attachment D). If approved, the amendment requests would allow additional antennas on legally, non -conforming antenna towers provided the tower can structurally accommodate them. FCCRegulations Whenever a city reviews its antenna ordinances, it is important to consider federal regulations. All cities must take into account the provisions in the Federal Communications Act. Section 332(c)(7) of the Communications Act preserves state and local authority over zoning and land use decisions for communications antennas; however, it includes limitations on that authority. According to the regulations, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting the provision of wireless services, must act on applications within a reasonable period of time, and must make any denial of an application in writing supported by substantial evidence in a written record. The statute also preempts local decisions premised directly or indirectly on the environmental City of Arden Hills Planning Commission Meeting for February 3, 2010 IlMetro-inet.uslardenhillsOanninglPlanning Cases 12009 1 09-023 Refiling Tower Zoning and CUP Amendment (Pending) 102 -03 -10 -- -PC Report_ _Reiling Tower CUP Amendmentl.doc page 3 of 9 effects of radio frequency (RF) emissions, assuming that the provider is in compliance with the Commission's RF rules (htlp://wireless.fcc.gov/siting/`­`­`local-state-gov.htmi). City Zoning Regulations Section 1325.09, Subd 1 of the City's Zoning Code states that a purpose of regulating antennas, dish antennas, and towers within the City is to "maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community." Essentially, it has been the City's desire to encourage new antennas to be located on existing platforms (i.e. water tower, antenna tower, or building) where feasible instead of building new antenna towers or monopoles throughout the City. Cities are allowed to regulate towers in such a manner provided it does not purposely leave gaps in wireless services. In August 2009, the City updated the Zoning Code to include a priority list for the placement of new antennas (Section 1325.09 Subd 6). Again, the goal is to encourage the grouping of antennas to minimize the construction of new antenna towers and limit the impact on the public health, safety and welfare, which includes the aesthetic impact. The code states that new antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that the City water towers cannot be feasibly used from an engineering standpoint. If the City water tower site is not feasible, the Code requires the applicant to consider the following locations in order of priority: 1. On existing towers or structures within any industrial, civic center, or business district; 2. On new towers in any industrial civic center, or business district; 3. Any existing towers or structures located within any residential district; then, 4. Any new towers or structures located within any residential district. As stated above, the Zoning Code requires applicants to consider existing tower sites before considering a new tower in a different location, which excludes the Reiling Tower as it is considered legally non -conforming under the code. This creates a contradiction in the Zoning Code because if the water tower sites were deemed infeasible from an engineering standpoint, a potential applicant would not be able to consider the Reiling Tower due to its non -conforming status. This could result in a request for a new antenna tower, which the City is trying to avoid when possible. The height requirements within the code are also contrary to the purpose of reducing the number of towers necessary to provide suitable service. Generally speaking, taller antennas could potentially provide cell services for a larger area, thus reducing the number of towers needed to provide complete coverage. Moreover, permitting antennas on existing towers at heights greater than 75 feet would allow better utilization of existing tower space and may reduce the need for new towers elsewhere in the City. City of Arden Hills Planning Commission Meeting for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Refiling Tower Zoning and CUPAmendment (Pending)102-03-10 - _PC Report---Reiling_ Tower CUP Amendmentl.doc Page 4 of 9 The need for suitable antenna sites is anticipated to increase with the growing demand for wireless services. While some older technologies are consolidating antenna sites, the newer high-speed services are requiring additional antennas. It is reasonable to expect increasing demand from wireless internet and cellular services. 2. Conditional Use Permit Review — Section 1355.04 Subd 3 Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit or Conditional use Permit Amendment. The Planning Commission and City Council shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; adjoining land values; 6. Park dedications where applicable; and the 7. Orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. Conditional Use Permit Amendment Request The applicant is requesting that the original CUP be amended to allow the owners to add, relocate, or replace antennas on the Reiling Tower as needed, provided the tower can structurally accommodate the antennas. Any change to equipment on the tower would require a building permit and administration review, but a CUP amendment for changes would not be required. Under the current procedures, someone requesting to relocate or add antennas to the Reiling Tower would be required to come before the Planning Commission and City Council for a CUP amendment. Since the process is the same for placing an antenna on an existing structure or constructing a new tower, there is less incentive to consider existing towers for new antennas. If this request is approved, the applicant would be subject to an administrative review to relocate or add antennas, which would require the following information: • An independent structural engineering review to determine if the tower can accommodate the additional antennas; City of Arden Hills Planning Commission Meeting for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report--_Reiling Tower CUP Amendmentl.doc Page 5 of 9 • An independent RF engineering review to clearly demonstrate why the antenna is not proposed for the City water tower site; • Conformance with all other City regulations; and, • A building permit. In addition to allowing the current configuration of the tower to remain and to provide the possibility of adding new antennas in the future, this CUP amendment is also intended to encourage the placement of antennas on existing towers instead of building new towers. The result would be in keeping with the goal of the Zoning Code to reduce the demand for future new towers in the City. The administrative review process for existing sites is common in other communities, including Shoreview, Roseville, and Minnetonka. If someone were to propose constructing a new antenna tower or placing an antenna on a private building, a CUP and public hearing would still be required along with the administrative review requirements. The CUP process is important for new towers because the potential impacts to the public health, safety, welfare, and aesthetics would need to be fully evaluated. Engineering Review As noted in the first part of this report, the Reiling Tower has undergone a number of changes to the antenna configuration since it was constructed in 1972. The current configuration is not in conformance with the original approval, and the changes were not reviewed by the City. The CUP amendment addresses the non-compliance with the 1972 CUP; however, the City contracted with Ulteig Engineers to have a complete structural review completed since the previous changes were not reviewed by the City (Attachment Q. In summary, the Ulteig report is in good condition and has been properly maintained. The report indicates that there are 30 antennas on the tower (the diplexers are support equipment used by the antennas). Of those, 18 antennas are used by Verizon Wireless for cellular services, two are used by American Messaging to provide pager services, and one dish is used by Nextera to provide business internet services. Staff is working with the property owner to identify the purpose of the remaining nine antennas. The report notes that Clear Wireless is seeking to add six antennas to the tower, which, if done, would put the tower at 97.4 percent capacity in its current condition. The Clear Wireless antennas have not yet been reviewed by the City. If the CUP amendment is approved, Clear Wireless would be subject to the administrative review process to add the antennas. If the nine unidentified antennas can be removed from the tower, additional capacity may be available on the tower in its current condition. According to the supplementary report provided by Ulteig, the tower has the ability to be upgraded in the future to provide additional capacity for antennas. The legs of the tower are only at 62.8 percent capacity and It would be possible provide additional bracing to increase the overall capacity. City of Arden Hills Planning Commission Meeting for February 3, 2010 I Wetro-inet. usl ardenhills 0anningOanning Cases 12009109-023 Reding Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report _-_Reding Tower CUP Amendmentl.doc page 6 of 9 Other Communication Towers in Arden Hills Besides the Reiling Tower, there are two other freestanding antenna towers located in Arden Hills. The Arden Tower at 1777 Gateway Boulevard is also considered a legal non -conforming use because it is not accessory to another use and exceeds the 75 foot height limit. However, the Arden Tower CUP already includes provisions that allow for additional antennas and antennas at different heights with administrative review and a building permit. The 1972 Reiling Tower CUP does not include such flexible provisions. The other tower is located at 1929 Lake Valentine Road and is owned by the Minnesota Department of Transportation (Mn/DOT). Because the tower is owned by a State agency, it is not subject to local land use regulation and is not required to obtain local review or approvals for changes to this tower. The proposed Zoning Code changes would not impact either of these towers. The Arden Tower will continue to be governed by its existing CUP that already allows flexibility on that tower. The Mn/DOT tower will continue to be exempt from local regulations. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed zoning code amendment meets the goals of the City and if the CUP is in conformance with the zoning code. Staff offers the following sixteen findings for consideration: General Findings.- 1. indings:1. The property is 2.76 acres and is zoned I-1: Limited Industrial District. 2. The antenna tower was constructed in 1972 through planning case 72-024. 3. The antenna tower is 240 feet tall. 4. The existing conditional use permit provides for seven dish antennas at specific heights as noted in the CUP. S. Zoning Code changes after 1972 have made the tower a legal, non -conforming structure because it is the primary use on the site and exceeds the 75 foot height limit. 6. The antenna tower has 29 antennas as listed in the structural analysis report provided in the January 27, 2010, Ulteig report. 7. The current configuration of 29 antennas exceeds the number of antennas approved in the 1972 Conditional Use Permit. On the Zoning Code Amendment.- City mendment:City of Arden Hills Planning Commission Meeting for February 31, 2010 1IMetro-inet. us lardenhillsOanninglPlanning Cases 12009 1 09-023 Refiling Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report--_Reiling Tower—CUP Amendmentl.doc Page 7 of 9 8. The proposed Zoning Code amendment would support the City's goal of reducing the potential need for additional antennas in the City. 9. The proposed Zoning Code amendment does not conflict with the 2030 Comprehensive Plan. On the Conditional Use Permit Evaluation Criteria: 10. The proposed plan would not have any impact on traffic or parking conditions. 11. The proposed plan will not produce any permanent noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 12. The proposed plan will not impact drainage. 13. The proposed plan will not impact population density. 14. The proposed plan is not expected to increase the visual impact since the tower is already in place and the additional antennas would add minimal bulk to the structure. Additional antennas or changing antenna locations should not impact the surrounding property values. 15. Park dedications are not applicable. 16. The proposed CUP amendment does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Development Plan for the City. Notice Notice was published in the Arden Hills/Shoreview Bulletin and notice was prepared by the City and mailed to residents within three -hundred fifty (350) feet of the subject property. Public Comments The City has not received any comments from the public regarding this project prior to the release of this report. Staff Recommendation If the Planning Commission recommends approval of Planning Case 09-023, staff recommends including the following seven conditions: 1. Within 45 days of approval of this permit, all antennas not in active use shall be removed from the tower. 2. Within 45 days of approval the applicant shall submit after -the -fact building permits, supporting information, and fees as required by the Building Official for any antennas without valid permits issued by the City. 3. A Conditional Use Permit shall be drafted by the City Attorney and signed by the applicant. City of Arden Hills Planning Commission Meeting for February 3, 2010 IlMetro-inet.usWrdenhillsOanningOanning Cases 12009109-023 Refiling Tower Zoning and CUP Amendment (Pending)102-03-10 - _PC Report _-_Reding Tower CUP Amendmentl.doe page 8 of 9 4. Permits for relocating or adding new antennas or equipment shall not be approved by the City until conditions one, two, and three are completed to the satisfaction of the City. 5. Replacing, adding, or relocating antennas and equipment on the tower shall require a building permit and structural review by an engineer selected by the City. The applicant shall be responsible for all costs related to the review. The request shall conform to all other City regulations in place at the time of the request unless otherwise provided for in the CUP amendment. All other federal and state regulations shall apply. 6. The applicant shall correct, promptly upon written request by the City, any documented interference caused by equipment on the tower. 7. The applicant shall inform the tenants in writing of all City requirements, the conditions of the CUP amendment, and the process for replacing, adding, or relocating antennas and equipment on the tower. Options & Proposed Motion.Lanua�e While the Zoning Code amendment can be approved independently, the CUP amendment is contingent upon approval of the Zoning Code amendment. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as amended by the seven conditions in the February 3, 2010, planning case report. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 09- 023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the findings of fact and the submitted plans as submitted in the February 3, 2010, planning case report. 3. Recommend Denial: Motion to recommend denial of Planning Case Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F based on the following findings: The City is not obligated to amend the Zoning Code in this situation. If the Zoning Code amendment is denied, the CUP amendment cannot be approved. 4. Table: Motion to table Planning Case 09-023 for a Zoning Code Amendment and a Conditional Use Permit Amendment at 1296 County Road F: a specific reason and information request should be included with a motion to table. City of Arden Hills Planning Commission Meeting for February 3, 2010 IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12009W9-023 Refiling Tower Zoning and CUPAmendment (Pending)102-03-10 - _PC Report_-_Reiling Tower CUP Amendmentl.doc page 9 of 9 Attachment A Application and Supporting Documents 'It ,AEN HILLS February 3, 2010, Planning Commission Meeting Itlk-_ -.---AEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (657) 634-5137 www.ci.arden-hilis.mn.us Planning Case No. 09-, Submittal Date A49 pplication Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2009 LAND USE APPLICATION Applicant Information A lican#- U.S. Bank, N.A. as Personal Representative of the Estate of George J. Reding Address: 101 Fifth Street E., EP MN 5-10, St. Paul, MN 55101 Telephone No.:551 466.8545 Other: Fax No.: 651 G466.8554 Email Address: d•orourke@usbank.com Property Information Property owner: The Estate of GeoMe J. Reiling Owner Address: 107 Fifth Street E., EP MN S-10, St. Paul, MN 55101 Owner Telephone No. 651.466.81.945 Other Address of Property Involved: 1296 County Road F W., Arden Hills, MN Legal Description:Lot 1, Block 1, Land O' Lakes Addition Property ID No.: 27.30.23.12-0002 Type of use: Vacant land improved with a cell tower Zone: Industrial Property Acrea e•2•76 T _pe of Request* LJ Apportionment of Assessments ($30) LJ Comprehensive Plan Amendment $550 Ll Conditional/Interim Use Permit or Amendment 350 IJ Final Plat ($400 + $25 per lot) L1 Master Planned Unit Development $600 + escrow p ( ) LJ Final Planned Unit Development $200 Ll Planned Unit Development Amendment $350 W Zoning or City Code Amendment$550 ( ) LJ Land Use Requests -- Not Already Specified ($200) Appeal of Administrative Decision$75 ( ) LJ Minor Subdivision (lot split/consolidation) ($425 + escrow LJ Preliminary Plat {$600 + $25er lot + escrow) } LJ Variance (Zoning Code) ($350) U Site Plan Review ($400) Li Rezoning ($550) LJ Site Pian Review (Sign or Fence) ($250) ❑ Vacation of Easement or Right -of -Way ($300) Revised: 12-16-08 Pagel of 3 *Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763- 398-3070 for additional information. *The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. *All applications may be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. The Planning Commission and/or City Council may still require a certified survey. A checklist for other required information is also available. Complete/Incomplete Applications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Payment of Fees The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required information and fees (including all deposits) must be paid to the City. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Revised; 12-16-08 Page 2 of 3 Agenda Deadline and Meeting Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 Vilest Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. 2009 SCHEDULE (*subject to change) Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. U*5-BAN4• 'A , b SPGA.SOMA4. ' ' (D I /e) (0 P operty Owner Signature (Required) Date Applicant Signature (If different than the property owner) Date Please contact the City Planner at (651) 7927800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: http:!/www.ci.arden-hills.mn.us Revised: 12-16-08 Page 3 of 3 us • December 8, 2009 Ms. Meagan Beekman City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Conditional Use Permit — Cell Tower 1296 County Road 1= Arden Hills, MN Dear Ms. Beekman; This letter accompanies the application for a Conditional Use Permit seeking continued operation of a tower at the above referenced location. U.S. Bank is the Personal Representative of the Estate of George J. Reiling, the owner of the property. This property has been leased for since the middle 1970's to Midwest Relay Corporation, or more recently, to Great Rivers Wireless. Both leased the property from George Refiling and, in turn, leased equipment space on the tower to various wireless operators. In March of 2009, Great Rivers Wireless was evicted from the property for non-payment of rent and U.S. Bank assumed management responsibility. Currently, there are three "tenants" on the tower, Verizon Wireless, Nextera, and American Messaging. An inventory of equipment on the tower accompanies this application. A fourth tenant, Clearwire, has expressed an interest in a location on the tower. With the removal of several pieces of abandoned equipment, the tower is structurally sufficient to support the Clearwire addition. The application by Clearwire for a building permit lead to further examination of the current status of the tower with relationship to the original Conditional Use .Permits City staff determined that the 35 year old original Conditional Use Permit did not accurately reflect the current use of the tower. This application is intended to remedy the shortcomings that the previous Conditional Use Permit does not cover. Trust Real Estate ♦ PCS Box 64142 ♦ St. Paul, MN ♦ 55154-6142 usbank.com Since technology has changed and will change rapidly, this application would permit the owners to install, relocate or replace as many pieces of equipment as the tower could structurally allow. Each additional installation would be preceded by a report by a structural engineer and include the additional load calculations associated with the additional equipment burden. The installation of additional equipment would also require a building permit. Furthermore, this application requests a zoning code amendment to allow for additional antennas/dishes to be placed on existing towers and exempt existing towers from the height maximum of 75 feet for new antennas. As part of an estate, this tower represents a somewhat unusual situation for U.S. Bank. While there have been several small towers that have been held in estates and part of my portfolio during my tenure at U.S. Bank, this is the first tower asset of this complexity that 1 have managed. l ask that the City work towards an equitable resolution if this issue. Regards, Mike O'Rourke Vice President Attachment B Conditional Use Permit 72-024 'It ,AVEN HILLS February 3, 2010, Planning Commission Meeting STATE OP MINNESOTA ' COUNTY OF' : P.WsBY • - VILLAGE of SEN RILLS SPECIAL USE PERMIT CASL We 72--24. PRO The. uxxdersigned, lark- Administrator. of -thy ' 'Hage of . .,' Arden Rills, does her$h3 certify that. this special Use Perml t .;f .. t :.J is granted- p4rsuant . to the piovisions of Ordi,"nan*Ce No. 99 of Arden H il,la in accordance with a public hearing. duly held by the P3.auc ninq Commission on June -6, 1972, and a•ubsegaent - approval thereof by the- .Arde:n Hills Council- 41% August. ,14, 197210 Pe=issi on •is accordingly qi ven to the applicant, Midwestern Relay Company, to " construct and operate • on- the property.. herainaf to r described a two hundred forty (2 4 4) foot microwave .tower and slice buf lding , - all pursuant to the pians A)ad specifications therefor oii file with the' village Adriiinis-trator. The property which is the subject of this. permit is legally 4escribed as follows, to -Witt ' That ,part of tho Northwest Quarter of the North, - west ,Quarter of the Northeast Ouarter (NW 1/4 of NW 1/4 of HE i f 4) ' of. Section 27f Township 30*, • - Range 23, described as foll s t starting at the. Northwest'corner of the Northeast 'Quarter (N8 1/4) . of section 27,*. thence East on the North lx�e th�re� of four hundred and six feet to the place of heginning; thence -East 2.08.75. feet ai.=4 the - North line of Section 27; then south along a- line' -which -luxe which io parallel to .and 4i Stant 614.75 ' feet Easterly" of the Welt lint of said Northeast - Qua.rte•r . 0 .114) to the North richt-sof-way., li ne ! of Interstate Highway # 694' . theince i rthw3.st i j. g +:. along the- Nz�rth' riht of - way �.�.n�s �f, �nterst.ate. Highway # 694. to a point thereon which i.s • located `our hundred and six '(4-06) feet - Easterly of the Most line.- of said Worthadst -Quarter JUE 1%4). • • thence North on a l ne parallel to ancl- distant : f four hundied d six ( 406) feat Z t6rly of.,, the • . Vest zine of said Northeast Quarter in, 1/4) to ' the point of beginning-, This ,permit -is issued subject to all . the requirementi3 and 'candf.ti.onns set forth • in Ordinance .No. 99, ' the -Zoning • Ordinance, subject to obtaining a proper.building permit for -the construction of said . tower and said service building, all to be built in accordance with the plans and specifications therefor asi referred. to .in the Ellerbe report of July 27, -1972., on file with the Village Administrator,, as ad justad. by the plans filed showing expanded site .and now tower location-' and this permit is ,also 'isaued subject . •to the . foll.o*i.ng special conditional- (a) ' , proval. of appl.i.cant"s plan by the ' ' - innesota- Highway Depar eot. . • (b) Approval of all aspects- of applicant's plan by the.-Village Engineer.. •(c) supe'ryisi•on : y Ellerbe and A�soaiateti of all phases of c oastructi on -of said tower-, (4) tr. s s 1 c +� f a written r�ep6r�t. by Mr. os6ar Reed, applicant's expert, emliodiing. • his testimony before they Village Council - : • -on u gxs t 14 ,; l 9 .72.T e written approval, from the property owner, ' fir. 'Goorge Railing,. in.g:. : . (f) Kidwestern. Rolay Company agrees to indent ify . and hold bamless the Village and: Ellerbe- from aAy • l.i.abili.ty-for personal injury or property 4amage,arising out of or in the course of caus•truction and shall. carry con tractual liability insurance coverage iiia auring such ;uadertaking with. limits os specified for re:qutred raprehensive lia- bility insurance. #gj HiciWastern Ri3lhy Company shall furni.s•h to • . = -the Village a policy of comprehensive ,gen- eral liability insurance covering the' vii-. .1 a and Slltrbe for any liability arising out of or in the course of construction with a base poli oy ' coverage of not. less than, - 10-O F t OO r $300.,000.. and . umbzeila coverage of not less than $2. r o0a',. OOG,. . (h) Midwestern Ref ay 'Company steal, l fusrni sh _ to -• the Village three (3) copies of all design .doc:uzents and conattuction contract docu- nts, including construction ani-Oroction- r drawings an+ci... specif.ications. = U) 14idwestore Relay Company acknowl.eclges and agrees that the cies ign and erection o f the tower, and•. antennas shall be sib jest to: re- view and on-site inspection .by Ellerbeacting on behalf of the Villaga. _Notwithstanding each • reView and inspection 'by- Ellatbe, mid stern Relay Company shall be and remain zol.el.y respots ibl,e .--for all design, coni struction and construction procec� s i.n coWiaction with the prof ect t . . At Aw pw 41 .. _ The tower-4ad. f0iind do lana agsa ' •� ' pre-''- '+ Viion '•'. , e , to" : . - 6tor-W,• '' A-0 regis tra , " • - tion sty hal-1 • on.. merits a4*w-tt64. for 4-ro- - -Ota t Selotember 197 2.6 • - ' � :' . � j ;' - ' •• li"Y: r !rte .. • . •• • '- ,- • •ir � *' a •_ ." r • '.. � • . � . • • •'• • •••' •. -< 1 � + lip .'� w► . , • . " , . r ` r 9f •s , _ � — e ' AZt 3570 (1) 161 UHX at 235, Present ORIENTATION 01 AND DISHES A -fs 2730 (1) 101 UHX st 195' Fut RECEIVED MAY 1 5 1972 0 00 W /,-7- -27•, . e-rtnut.V; r Present A Z z 21S ",Sdome (1) S' Antenna with at 12 r- Rado me at 1301 Futire G E N E 17 1. To-,% t: r ii a:.ilr"-,ot- 1;"i.l face $LTU-Au;:t�. 2. To t2 3 i g'l 1::I C CC, 7..�A " 1.- "-A for a i 3,'/ psi .1t,", 2401, m sm a i I dc n. "r c - - n- -ne Amenna with ,tt i2• )' 7M 20S! Ft c S e nt ZAmew--.a , 'Aii ;u ",,;I P -.,-V e Fu zr,-- steA is !s -it -.,Lp galvai;zo%l after :ab 1, a IL 4. The f�-?Uov, i•ng 6 !urnishe.i wit, a) .0ish Nlolrlts f.."r h-ese-at aaa C) *J, L` i- v li le i L% e) (.,rulmu " n - f Conduit for Supporting Transi-zdssiou Liar -.s �N. -.WIN At i 95, 11) 8. Attachment C Ulteig Engineers Structural Analysis Report 'It ,AI�EN HILLS February 3, 2010, Planning Commission Meeting 52()sl E River Road u flee 308 f ' nneapo s, MN 55421 ret 6 3" 57 1 .f 500 January 27, 2010 Mike O'Rourke U.S. Bank N.A. 101 East 51h Street, EP MN S-10 St. Paul, MN 55164 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota Date: 1-27-10 Reg. No. 43119 Robley A. Evans Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No.: R10.00098 Dear Mr. O'Rourke: Per your direction, Ulteig Engineers has completed the requested structural analysis of the existing self-support tower located at the address listed above to determine the tower's structural capacity to support existing and proposed antennas and microwave dishes. The analysis was completed using the loading as described by the TIA/EIA-222-F Code, a tower mapping provided by Omni Contracting, a previous structural analysis completed by Malouf Engineering International, Inc. dated August 5, 2009, and information provided by others. The following antenna information was used in the analysis of the tower. Existing Antenna Loading Antenna Centerline Elevation Comment (1) 16' Whip Antenna 240'± Existing (2) 10' Whip Antennas 240'± Existing (1)121/ x12" Panel Antenna 200'± Existing (3)121/ x1 8-*' Panel Antennas 200'± Existing Minneapolis, MN 0 Detroit LakeS, MN* Fargo, ND *Bismarck, 0 Sioux.Fgills, SD Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No: R10.00098 Page 2 (2) 2' Microwave Dishes 200'± Existing (1) SP2-5.2 Microwave Dish 200'± Existing (1) HP4-11DW2 Microwave Dish 200'± Existing (6) LPA-185080/8CF Antennas 160'± Existing (6) LPD -7905/8 Antennas 160'± Existing (2) CSS X7C-865-2D Antennas 160'± Existing (6) CSS DBC -750 Dip lexers 160'± Existing (1) CSS X7C-880 Antenna 160'± Existing (1) 3' Ya i Antenna 145'± Existing (1) 6' Microwave Dish 140'± Existing (1) 4' Microwave Dish 124'± Existing (1) HP6-11DW2 120'± Existing (3) Andrew VHLP2-18 Microwave Dishes 170'± Prop osed/Clearwire (3) Kathrein 840-10054 Antennas 170'± Prop osed/Clearwire (If this information or the information contained in this report and analysis is incorrect, this report and analysis are to be considered void and the correct information is to be given to Ulteig Engineers to allow for a revised analysis and report.) Results Tower: The tower was analyzed using the loading as described in the TIA/EIA-222-F Code with 90 mph wind speed. From the analysis it was determined that the tower is at approximately 97.4% capacity with the existing and proposed antennas and microwave dishes listed in the table above. Therefore, the existing tower is structurally adequate to support the existing and proposed antennas and microwave dishes listed in the table above along with the combined loading required by the TIA/EIA-222-F Code. Refer to the attached tower analysis for more information. Foundation: Foundation information was not provided for analysis. Therefore, the adequacy of the existing foundation could not be verified and is not covered in this report. Tower Mappin : As requested, a tower mapping of the existing self-support tower was completed by Omni Contracting to determine the existing loading on the tower including existing antennas and microwave dishes along with their attachment locations, coaxial cables, and associated Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No: R10.00098 Page 3 hardware. The mapping was also completed to determine if any antennas, microwave dishes, and coaxial cables are currently not in use and could be removed from the tower. From the mapping it was determined that there are (2) existing coaxial cables running up the tower to an elevation of 240' that are currently not in use. Due to the quantity and location of these existing unused cables, removing them will not have significant impact on the tower loading. Tower Inspection: As per the request, a visual inspection of the existing above grade elements of the tower was completed by Omni Contracting. The following is a result of the visual inspection. Tower Members: From the inspection it was not apparent that any members were missing or damaged. Finish: From the inspection, rusting of the tower members was not apparent. However, it was noted that the paint at certain areas of the tower was starting to flake. Lighting: From the inspection, the existing tower lighting and wiring were in place and appeared to be in good condition. Grounding: From the inspection, the grounding wires for the antennas, microwave dishes, and coaxial cables were in place and attached to the structure. Antennas & Coaxial Cables: The existing antennas, microwave dishes, coaxial cables, and antenna mounts were in good condition and appeared to be adequately secured to the tower. Concrete Foundations: A below grade inspection of the foundation was not completed. Therefore, the condition of the existing tower foundations could not be verified and is not covered in this report. Risk Assessment: Due to the location of the tower in relation to a new proposed multi -family housing development, it was requested that a risk assessment of the existing tower be completed. Per the results of the visual inspection and subsequent structural analysis, it is our professional opinion that the proximity of the existing tower, in relation to the proposed housing development, presents no significant hazard due to structural failure of the tower. However, it should be noted that this statement only addresses the tower and existing appurtenances and does not cover any items located below grade that were not analyzed or inspected, such as the existing tower foundation. It should also be noted that this statement is valid only for the loading conditions and design code that this tower was analyzed for and that if additional appurtenances are added, if the tower is modified, or if Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No: R10.00098 Page 4 regular maintenance and/or inspections are not performed in accordance with the applicable codes, this statement may no longer be applicable. Required Modifications No modifications are required. The existing self-support tower located in Ramsey County does meet the requirements of the TIA/EIA-222-F Code with the existing and proposed loading listed in the table above, provided all of the information given to Ulteig Engineers is correct. This report is based on the following: 1. Tower is properly installed and maintained. 2. All materials in good condition. 3. All members are in place and intact. 4. Tower being in plumb condition. If you are aware of any information that is contrary to that which is contained in this report and analysis, or if you are aware of any defects arising from the original design, material, fabrication, or erection, you should disregard this report and contact Ulteig Engineers. If you should have any questions regarding this report or the associated analysis please contact me at (763) 571-2500. Thank you, f R. Aaro Evans, PE, SE � x F' X I 00 M X 00 X 240.0 ft I �ii Code: TIA/EIA-222-F Date: 01/27/10 Scale: NTS SHEAR: 405471b ' t o > !M J 16' Whip 248 Air Pair 50 Amplifiers (Clearwire) 170 .. ! 10' Whip Antennas 245 Pirod 4' Side Mount Standoff (1) 170 i 0X0 E x N Z Z III Z Flash Beacon Lighting 240 Pirod 4' Side Mount Standoff (1) (p i(0 co N ~ N I J N 53686 /b E 1 , 170 (0 � ; v N (0 r 7384309 lb -ft r ;. 00 X O i Q z o X X Et°° !M 2' Dish 204 (2) LPD -7905/8 w/Mount Pipe C N I EE; 12"x18" Panel (Internet Panel) 202 (2) LPA-185080/8CF 160 -- 200.0 ft � ::`....€>:<3.....:::: (XO tM x N {N ------- - 160 N �i X E {j � X 160 N .N - 8'x2" Pipe Mount 200 Pirod 12'T -Frame Sector Mount (1) 160 00 (!0 N Xt N N j f N ! N x H� � j 8'x2" Pipe Mount 200-120 (2) LPD -7905/8 w/Mount Pipe 04 J N jj i � Q Q ; c N > N i i 1 160 J ! i 160 I �E U -)E Andrew VHLP2-18 (Clearwire) 173 Pirod 12'T -Frame Sector Mount (1) !00 M T Andrew VHLP2-18 (Clearwire) 173 2 CSS DBC -750 ( ) i 10 ? j m 154-145 Ex Kathrein 840-10054 (Clearwire) 170 HP6-11 DW2 00 x Kathrein 840-10054 (Clearwire) 170 4' Dish 124 :......: ( Lo ' N { Lr)c!c��- M Q (� x I 1 i F— X > QIX IJ 1N I I i ! tytyty t ! i 100 iM X Q Z C*') N 00 X zt XC4 00 •N= M X �00 M!M X M ! � ; i I � � I t 00 M r X M Cl) 00 0X0 ^ryX J N �? I j N E in N t ` ! N € t i j E j i i i j 0000 rn x Lq 00 > 0 F -i zt E X iM N i J jI � j I i t 00 X i !t x N 000 Ni IN I .0 ` � i j X H "C5 I M X X IN N .... X N J N 00 X X 00 X zt (h r X M N X 000 X z M r X M N N E EO iN o m M Ln N Q 0) N N x J j i! N00 i to C in N N � N .0 T- � N (c6 01 OR N O (C)O ^ ^ N 6. Connections use galvanized A325 bolts, nuts and locking devices. Installation per (� O O (� N= 3 Vi 7 � (/� Co y _ O C 42) ami (o J ami J c F- o a°i Z W ami (1) W W m Q' � d >� LL > I I DESIGNED APPURTENANCE LOADING ( 240.0 ft I �ii Code: TIA/EIA-222-F Date: 01/27/10 Scale: NTS SHEAR: 405471b l TYPE ELEVATION TYPE ELEVATION ` 16' Whip 248 Air Pair 50 Amplifiers (Clearwire) 170 .. ! 10' Whip Antennas 245 Pirod 4' Side Mount Standoff (1) 170 Il 10' Whip Antennas 245 (Clearwire) TORQUE 3359 Ib -ft j Flash Beacon Lighting 240 Pirod 4' Side Mount Standoff (1) 170 220.0 ft ) (Clearwire) 12"x18" Panel (Internet Panel) 207 53686 /b E 1 Pirod 4' Side Mount Standoff (1) 12"x18" Panel (Internet Panel) 206 170 ....... (..`:: ....._SHEAR (Clearwire) 7384309 lb -ft r ;. 12"x12" Panel (Internet Panel) 206 :::.... --- -- (2) LPA-185080/8CF SP2-5_ 22_ 204 _ (2) CSS DBC -750 160 160 i 2' Dish 204 (2) LPD -7905/8 w/Mount Pipe 160 TORQUE 4326 Ib -ft 12"x18" Panel (Internet Panel) 202 (2) LPA-185080/8CF 160 -- 200.0 ft � ::`....€>:<3.....:::: 6'x2" Pipe Mount 200 - - (2) LPD -7905/8 w/Mount Pipe ------- - 160 6'x2" Pipe Mount 200 CSS VC -880 160 ` 8'x2" Pipe Mount 200 Pirod 12'T -Frame Sector Mount (1) 160 6'x2" Pipe Mount 200-140 (2) CSS DBC -750 160 j 6 r rr x2 Pipe Mount 200 - 124 (2) LPA-185080/8CF 160 (.. 8'x2" Pipe Mount 200-120 (2) LPD -7905/8 w/Mount Pipe 160 180.0 ft 2' Dish 200 CSS X7C-865-2D Panel 160 (' ( HP4-11DW2 (4' Dish) 200 Pirod 12'T -Frame Sector Mount (1) 160 Andrew VHLP2-18 (Clearwire) 173 CSS VC -865-21D Panel 160 I - - - Andrew VHLP2-18 (Clearwire) 173 Pirod 12'T -Frame Sector Mount (1) 160 T Andrew VHLP2-18 (Clearwire) 173 2 CSS DBC -750 ( ) 160 Kathrein 840-10054 (Clearwire) 170 3' Yagi Antenna 154-145 160.0 ft ...........:::::::.�.::.....::.............. Kathrein 840-10054 (Clearwire) 170 HP6-11 DW2 140 Kathrein 840-10054 (Clearwire) 170 4' Dish 124 :......: ( Air Pair 50 Amplifiers (Clearwire) 170 HP6-11 DW2 (6' Dish) 120 l ::.......................... ....::, Air Pair 50 Amplifiers (Clearwire) 170 140.0 ftMATERIAL IM STRENGTH .. ... .. ........ GRADE i Fy Fu GRADE Fy Fu .....i A572-50 50 ksi 65 ksi A36 36 ksi -----_-_-----------_..._......_-_---_-_..... - --- _ ___ _ _ ._. _ v _ _----- 58 ksi ---........ i,. ........... ....... TOWER DESIGN NOTES , 120.0 ft 1. Tower is located in Ramsey County, Minnesota. .... 2. Tower designed for a 80 mph basic wind in accordance with the TIA/EIA-222-F Standard. .3. Tower is also designed fora 69 mph basic wind with 0.50 in ice. 4. Deflections are based upon a 60 mph wind. 5. Weld together tower sections have flange connections. ...... 6. Connections use galvanized A325 bolts, nuts and locking devices. Installation per TIA/EIA-222 and AISC Specifications. 100.0 ft :.: �.::....................................:,� 7. Tower members are "hot dipped" galvanized in accordance with ASTM Al 23 and ASTM .::':...... A153 Standards. 8. Welds are fabricated with ER -70S-6 electrodes. .::::... ... .. 9. TOWER RATING: 97.4% 80.0 ft i MAX. CORNER REACTIONS AT BASE: ( ( 60.0 ft i DOWN: 338910 Ib ( UPLIFT.- -258566 lb Code: TIA/EIA-222-F Date: 01/27/10 Scale: NTS SHEAR: 405471b AXIAL 40.0 ft �...: 841911b ... .................. MOMENT i SHEAR 7537842 lb -ft 70159 lb TORQUE 3359 Ib -ft , 69 mph WIND - 0.5000 in ICE 20.0 ft.............................. ...... ....... ....:: .. AXIAL 53686 /b .. . MOMENT ....... (..`:: ....._SHEAR 7384309 lb -ft r ;. :::.... 67568 lb 0.0 ft �. TORQUE 4326 Ib -ft REACTIONS - 80 mph WIND Ulteig Engineers 5201 East River Road Suite 308Project: Minneapolis, MN Phone: (605)-323-6071 FAX:Path: I I ":Arden Hills Self -Support Tower R10.00098 Client: U.S. Bank N.A. Drawn by: Isaac.Odland Apple: Code: TIA/EIA-222-F Date: 01/27/10 Scale: NTS Dwg No- E-1 CAD—iments and Settin s\Ieaaa.adland\De kto \Arden HNIMTowar Anal is\Arden Hills To—Anal is ri Suite '1108 MinneapoUs., MN 55421 Tet 763-571-2500 Fay, 763-571-1168 www.LiLteig.com January 28, 2010 James Lehnhoff, AICP Community Development Manager City of Arden Hills Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No.: R10.00098 Dear Mr. Lehnhoff: Per our conversation, below is a more detailed explanation of the results of the structural analysis with regards to the final page of the previously sent document. It was stated in the report that the tower is currently at 97.4% capacity. This statement is based on the Global Capacity of the tower. When individual elements of the tower are looked at as indicated on the last page of the report it is noted that the controlling members of the tower are the diagonal members which, although critical to the tower structural integrity, are considered bracing members for the main supporting elements which are the legs of the tower. As indicated on the last page, the leg members, which are considered the main structural support members, for this tower are only stressed to 62.8% in its existing condition. This indicates that there would be adequate capacity to add additional antennas to this tower with minor modifications to some of the bracing elements. Regarding the concrete foundation, as we discussed, we cannot make assumptions as to the integrity of the existing foundation without a detailed investigation but would offer the following statement. Typically concrete that is placed below grade will, assuming that Minneapolis, MN # Detroit Lakes, MN #Fargo, ND * Bismarck, N * Sioux Falls, SD Subject: Structural Analysis of an Existing Self -Support Tower Site: Arden Hills Self -Support Tower Address: 1296 County Road F Arden Hills, MN Job No: R10.00098 Page 2 there are no corrosive properties in the soil, maintain its integrity much better than concrete that is installed above grade. This is due to the fact that the concrete is not exposed to the elements nor does it typically endure the freeze/thaw cycles that can deteriorate concrete that is installed above grade. Please note that this statement also assumes that the concrete was placed in accordance with standard industry practice and that the material that was supplied met the requirements of the original foundation design. If you should have any questions regarding this report or the associated analysis please contact me at (763) 571-2500. Thank you, R. Aaro Evans, PE, SE' Attachment D Proposed Zoning Code Amendments — Black -lined 'It ,AVEN HILLS February 3, 2010, Planning Commission Meeting Planning Case 09-023 - DRAFT 1325.09 Antennas, Dish Antennas and Towers. (Revised 08105109) Subd. 1 Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City finds that these regulations are necessary to: A. Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community; B. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to ad. acent properties from failure of the antenna and tower through structural j standards and setback requirements; Subd. 2 Applicability. The regulations in this subsection shall apply to any antenna or tower except as hereinafter provided in Subd. 3. Subd. 3 Exemptions. A. Antennas and towers used by the City for City purposes. B. Receptive dish antennas under one (1) meter in diameter and individual receptive antennas, which are no taller than twelve (12) feet above the roofline, regardless of the zoning district. C. In all residential districts, no more than two (2) exempted antennas and no more than one (1) antenna requiring a conditional use permit shall be allowed on any lot or parcel. Subd. 4 Conditional Use Permit Required. Antennas, dish antennas and towers are allowed only as conditional accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory. Subd. 5 Expansion of Lggal, Non.-co-t-Iforyin g Towers. Add' relocating, or replacingr antel-mas. or, equipment on legal, non -conforming 'towers that were in place prior to Februa 222_010, shall not be considered an expansion of a non -conforming use provided. the tower - ------ - ---- -I- has the structural capacity to handle the additional antennas as determit-led by the City Thi is provision does not permit increasing the height of the tower structure. All other cily, state, and regulations shall. S ti h" Cla 0 -5 S u b d. 6 Height. The height of an antenna or tower shall be measured from the ground at the base of the antenna, tower, or other structure that the antenna is attached to, to the highest point of the antenna or tower. Excert for antennas and equipment on Ci ly water towers and freestanding towers in place lorior to FebruaKy 22, 2010 no antenna or tower shall exceed the following height limitations: A. A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and shall not extend more than twelve (12) feet above the roof if it is roof mounted. Regardless of these height limitations, the antenna shall be mounted as close to the ground or roof as practical. Section 1325 — General Regulations Page 1 of 4 B. No antenna or tower shall exceed a height of seventy-five (75) feet. C. No antenna or tower shall exceed a height equal to the distance from the base of the tower to the nearest overhead electrical power line (except individual service drops), less five (5) feet. Subd.7 Location. A. New antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that none of the City water towers can be feasibly used from an engineering standpoint. B. Preferences for Antenna and Support Structure Locations. When selecting sites for the construction of new Antenna Support Structures and/or for the placement of new antennas, when not located on a City water tower site, the following preferences shall be followed in order of listing: 1. Existing towers or on existing structures located within any Industrial, Civic -Center, or Business District zoned property 2. On new towers located within any Industrial, Civic -Center, or Business District zoned property 3. Any existing towers or structures located within any Residential zoned property. 4. Any new towers or structures located within any Residential zoned property. C. Co -location Required. If a new antenna support structure is to be constructed, it shall be designed structurally and electrically to accommodate both the applicant's antennas and comparable antennas for at least one (1) additional user. Any antenna support structure must also be designed to allow for future re -arrangement of antennas upon the tower and to accept antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies, Personal Communication Systems companies, local police, fire and ambulance companies. D. Prohibitions. No new support structures shall be approved for construction, unless the applicant shows, to the reasonable satisfaction of the City, that an existing tower or structure is not feasibly available for use from an engineering standpoint. E. Antennas and towers shall be located on sites or buildings in areas that are the least visually intrusive to nearby properties and public streets. F. Antennas, dish antennas or towers shall not be allowed: 1. Nearer the street than the principal building on the lot. Section 1325 — General Regulations Page 2 of 4 2. Nearer the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section 1320.06 of this Code. 3. Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or tower will be placed. 4. Nearer to any property line than the height of the antenna or tower. Subd.8 Screening. A. Dish Antennas. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows: 1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices. 2. Roof or Wall Mounted Dishes. Screening for roof- or wall -mounted dishes shall be in accordance with Section 1325.05 Subd 4 B. Antennas. Antennas shall be painted the color of the structure to which they are attached. Subd. 9 Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; B. There is sufficient room on the structure to accommodate the applicant's equipment and all equipment (antennas, exterior cables, etc) attached to the structure is painted to match the color of the structure; C. The presence of the equipment will not increase the water tower or reservoir maintenance costs to the City; D. The presence of the equipment will not be harmful to the health of workers maintaining the water tower or reservoir. E. Antennas placed on the top of the tower shall not exceed the height of the tallest existing antenna. F. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met: Section 1325 — General Regulations Page 3 of 4 1. The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet -like structure in lieu of a building, it shall be mounted upon a suitable concrete pad. 2. If there is an equipment building constructed on site, it shall be subject to City approval. 3. To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on-site buildings. 4. The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except where non -vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the neighborhood. 5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the lease. 6. All applicants must include a signed report from a State registered engineer showing compliance with all applicable codes, standards and structural requirements of how the additional antennas will affect the water tower structure. A final inspection report from a State registered engineer showing the work completed is in compliance with previously approved plans shall also be required. Subd.10 Requirements. A. A building permit shall be required for all applications except those as stated in Section 1325.09 Subd 31. . B. The City shall require the applicant to complete a radio frequency interference study that is carried out by an independent and qualified professional reasonably selected by the City that is able to demonstrate that the applicant's use will not interfere with any existing communications facilities. Section 1325 — General Regulations Page 4 of 4 -iiRQEN_H1LLS MEMORANDUM DATE: February 3 2010 PCAgenda Item 3eD TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #10-002 Linda Amble Minor Subdivision and Lot Consolidation 1225 Amble Road ATTACHMENTS: A. Application and Supporting Materials B. Air photo and Location Map C. Survey Requested Action The applicant is requesting a minor subdivision and lot consolidation to subdivide the property located at 1225 Amble Road into two parcels. Each new parcel would then be consolidated with the adjacent lots located at 1229 and 1219 Amble Road. Background 1® Overview of Request The applicant is the owner of 1219 Amble Road. In 1996 the Amble Addition platted a 2.99 acre parcel into four lots; 1229, 1225, 1219, and 1211 Amble Road. At that time a variance was also granted to allow all four lots to access West Amble Road from a shared private driveway. The applicant is now requesting that the lot located at 1225 Amble Road be subdivided into two parcels and each parcel be consolidated with the adjacent lots located at 1229 and 1219 Amble Road. The home located at 1225 Amble Road would be demolished; however, the garage would remain intact and would become an accessory structure to the home located at 1229 Amble Road. The result of this application would be a net reduction of one lot. City of Arden Hills .Planning Commission Meeting for F'ebr�rary 3, 2010 11Metro-inet.uslatdenhills IPlanninglPlanning Cases'201OIPC I0-002 Amble 1_ot Coilsohdanon and Vacation (Pending)W-03-10 - PCReport - subd, Consolidation.doc Page 1 of 5 The applicant is also requesting a vacation of certain drainage and utility easements that run along the property lines of 1225 Amble Road. The City Council will hold the public hearing on the vacation of these easements. As part of the request, the applicant has submitted a survey and legal descriptions of the new lots and easements to be vacated. 2. Site Data 3. Surrounding Area Drecton.`u ure an se Pian ... .. n _ sttn : i. and sie le Family Detached Residential South Low Density Residential R-1: Single Family Residential Single Family Detached Residential East Low Density Residential R-1: Single Family Residential Single Family Detached (Karth Lake) Residential West Low Density Residential R-1: Single Family Residential Single Family Detached Residential Plan Evaluation 1. Zoning Ordinance — Meets Requirements The proposed minor subdivision and lot consolidation would be in the R-1 Single Family Residential District and would meet all of the districts lot requirements. 2. Subdivision Code Meets Requirement Section 1150.04 of the City Code lists the following evaluation criteria for minor subdivisions of platted property. Rather than being required to be entirely replatted, the subdivision may be allowed to be accomplished by means of a survey or registered land survey provided that the following requirements have been met: 1. The owner of the platted lot to be divided or consolidated shall file a survey or registered land survey of the lot to be divided or consolidated with the City. City of Arden Hills Planning Commission Meeting. for Februw-v 3, 2010 Illlletr-o-inet.uslardenhills'PlanninglPlanning CaseS'20101PC 10-002 Amble Lot Consolidation and Vacation (Pending)W-03-10 - PC Report - Subd, Consolidation. doc Page 2 of 5 2. The parcels or tracts resulting from the division or .consolidation shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. 3. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 4. The proposed division or consolidation shall conform to such other requirements of this chapter, which the planning commission has specifically made such division or consolidation subject to at its first meeting at which the application for the division or consolidation is submitted. Findin jzs of Fact Staff offers the following twelve findings of fact regarding this proposal: 1. The existing 1.09 acre residential property is a conforming lot in the underlying R-1 Zone. 2. The existing 1.09 acre lot would be subdivided into two parcels, and each new parcel consolidated with the adjacent lots. 3. The existing home located at 1225 Amble Road would be demolished. The garage would remain and be consolidated as an accessory structure to the home at 1229 Amble Road. 4. The owner of the lot to be subdivided and consolidated has filed a registered land survey with the City. 5. The parcels resulting from the division and consolidation would meet all requirements of the City's Zoning Code. 6. The proposed subdivision and consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. 7. The proposed subdivision and consolidation currently conforms to the requirements of the original subdivision and platting as it was approved in Planning Case 96-001. 8. The applicant is requesting the existing drainage and utility easements that run along the lot lines of 1225 Amble Road be vacated. 9. No drainage and utility easements are required along the proposed lot lines. 10. No grading plan is required. 11. The proposed subdivision and consolidation is in conformance with the Subdivision Code. 12. The proposed subdivision is not subject to the City's park dedication fee. City of Arden Hills Planning Commission Meeting, for February 3, 2010 IIMetro-inet. its lardenhillslPlanning'Planning Cases, U1OTC 10-002 Amble Lot Consolidation and Vacation (Pending)W2-03-10 - PC Report - Subd. Consolidation.doc Page 3 of 5 Staff recommendation The proposed Minor Subdivision and Lot Consolidation meet all requirements of the City*s Zoning Code. Staff recommends approval of the Minor Subdivision and Lot Consolidation based on the Endings of fact. The City Attorney has reviewed this report and concurs with the Staff recommendation. The recommendation for approval is subject to the following conditions: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall have the new property line monumented and staked prior to the filing of the subdivision and lot consolidation with the County. 3. The house located at 1225 Amble Road shall be demolished prior to the filing of the subdivision and consolidation with the County. 4. A demolition permit shall be obtained by the property owner prior to the demolition of the house at 1225 Amble Road. 5. The City shall file the minor subdivision and consolidation with the Ramsey County recorder, along with the Resolution approving the vacation of certain drainage and utility easements. The applicant shall reimburse the City for the cost of filing these documents. Options 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 10-002, for a Minor Subdivision and Lot Consolidation at 1225 Amble Road, based on the findings of fact and the submitted plans, subject to the conditions in the February 3, 2010, Report to the Planning Commission. 2. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 10- 002, for a Minor Subdivision and Lot Consolidation at 1225 Amble Road, based on the findings of fact and the submitted plans in the February 3, 2010, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 10-002, for a Minor Subdivision and Lot Consolidation at 1225 Amble Road, based on the following findings: findings to deny should include specific reasons related to the Subdivision Code and/or Zoning Code. 4. Table: Motion to table Planning Case 10-002, for a Minor Subdivision and Lot Consolidation at 1225 Amble Road, in order to obtain the following information: a specific reason and information request should be included with a motion to table. City of A rden Hills Planning Commission Meeting for February 3, 2010 11Metro-inet_uslatdenhillslPlanninglPlanning Cases2OIOIPC 10-002 Amble Lot Consolidation and Vacation (Pending)W2-03-10 - PC Report - Subd, Consolidation. doc Page 4 of 5 Notice Minor subdivisions and lot consolidations of platted lots do not require a public hearing or public notice; however notice sent to residents within 350 feet of the subject properties. Resident Comments Staff has not received any comments regarding this application. Deadline for Agency Actions There is no statutory deadline for the application. .Attachments A. .Application and Supporting Materials Bo Air photo and Location Map C. Survey City ofArden Arden .dills Planning Commission Meeting. for Februaiy 31, 2010 IL.,Wetro-inet.uslardenhillslPlanningOanning Cases 1201 WPC 10-002 Amble Lot Consolidation and Vacation (Pending)W2-03-10 - PC Report - Subd_. Consolidation. doe Page 5 of 5 Attachment A Application and Supporting Materials 'It ,-ARPEN HILLS February 3, 2010, Planning Commission Meeting EN ]HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.ci.arden-hills.mn.us Planning Case Na Q Submittal Date jZ ?11� 1, O!A Application Completed Date 17) 1761 ;0k Accepted by lot) Receipt Number Council Decision Council Decision Date 2009 LAND USE APPLICATION Applicant Information Applicant: k % ea Address: (2,1 Telephone No.: Other: 43 VIA (:1 tar� 17-4 Email Address: Property Information Property ,� �' � %�CF ►� Owner Address: lA7 Owner Telephone Nq._&I!y q`'�Other Address of Property Involved: � Z-�-� � /✓I�1.� �G , Z Z., -L a -d di�ie � �Property D No.: Tw)e of Use: Zone: T of Request* Apportionment of Assessments ($30) LJ Comprehensive Plan Amendment ($550) Ll Conditional/interim Use Permit or Amendment ($350) Ll Final Plat ($400 + $25 per lot) LJ Master Planned Unit Development ($600 + escrow) LJ Final Planned Unit Development ($200) Ll Planned Unit Development Amendment ($350) LJ Zoning or City Code Amendment ($550) LJ Land Use Requests —Not Already Specified ($200) LJ Appeal of Administrative Decision ($75) W Minor Subdivision (lot split/consolidation) ($425 + escrow) L3 Preliminary Plat ($600 + $25 per lot + escrow) Ll Variance (Zoning Code) ($350) LJ Site Plan Review ($400) Property Ac LJ Rezoning ($550) LJ Site Plan Review (Sign or Fence) ($250) Ll Vacation of Easement or Right -of -Way ($300) Revised: 12-16-08 Pagel of *Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763- 398-3070 for additional information. *The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. *All applications may be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Brief Description of Request (please also include a typed; detailed letter explaining the project): Filing;; A, Information Requirements The City requests that you make a pre -application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. The Planning Commission and/or City Council may still require a certified survey. A checklist for other required information is also available. Complete/incomplete Applications An incomplete application will delay the processing of land use requests. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete. A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published. Pavment of Fees The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required information and fees (including all deposits) must be paid to the City. If additional fees are required to cover costs incurred by the City, the City Planner has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Revised: 12-16-08 Page 2 of 3 Agenda Deadline and Meetina Schedule The deadline for submittal of land use applications is required according to the schedule outlined below. There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. Applicants are advised that additional meetings and/or workshops are scheduled when necessary upon approval of the Planning Commission. 2009 SCHEDULE (*subject to change) Acknowledaernent and Sia nature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Prerty Owner Signature (Required) Applicant Signature (if different than the property owner) Date n Date Please contact the City Planner at (651) 792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: htf@.IAAlwvv.ci.arden-hills.mn.us Revised: 12-16-08 Page 3 of 3 TENTATIVE TENTATIVE APPLICATION PLANNING CITY COUNCIL DEADLINE COMMISSION MEETING DATE* MEETING DATE* DATE* (Generally held on the (Generally held on the first Wednesday at 6:30 p.m.) last Monday at 7:00 p.m.) December 11 2�08 26 "T 4 " January 5 Februa 4 Februa!y 23 ebuar 'h March 2 April 8 April 27 A rill y, 25 - May 4 June 3 June 29 ju he U 2 July 6 August 5 August 31 -: 3 ep-p r t 28 September 7 October 7 October 26 tW 41 Ny er P N b 30 November 2 December 9 December 28 er,7­ 0) 01 anu 25:12 0 Acknowledaernent and Sia nature I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Prerty Owner Signature (Required) Applicant Signature (if different than the property owner) Date n Date Please contact the City Planner at (651) 792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: htf@.IAAlwvv.ci.arden-hills.mn.us Revised: 12-16-08 Page 3 of 3 Attachment B Air photo and Location Map ,ADEN HILLS February 3, 2010, Punning Commission Meeting Attachment C Survey It --AWEN HILLS February 3, 2010, Planning Commission Meeting T 17 J T) T) TTTn AT 111 YlLLL 11LL1 11V1 Y _ v V -2647.26 - - 133.63 - , - - --1323.63- - % ; The North line of t e SE 1/4 of the NE 1/4 of Sec. 22, T. 30, R. 23 1316.40 105.27 N00004 -59W S890 56 5 E Ramsey County Cast Iron Monument NE Cor. Sec. 22, T. 30N, R.23W. VICINITY MAP SECTION 22, T. 30, R_ 23 F 3 _ __71 N o o p (05 01 Oy Drainage and utility easements are shown thus: C%1 LO o04 O° p cfl. v� CD E ' o,,. Svc-�'st 6 - — tr o c6 12 12 0Oops tJ� 01, .�J -472.69.- 0 Being 12 feet in width and adjoining front lot lines x`90,tr0G and 6.feet in width and adjoining side lot lines 232.00 X16 t O 24Q.69 � unless otherwise shown on this plat. a O S8905 ' 18"E co {�)= �f 3 _�. 2 �"�° jos f� �p ` '0 NC 0.- i h _ S89°53' 18"E 'rsr <,' bi S89053-18" _ �— ---� r�40.0 � ��---- -- 140.00 �-� -9 t 260.91 o� . 7 0 `�- — N S89°53' 18"E\\ 97.00 p� ,s LLJ "'1 w --300.91-- 06 -300.91-- ' L 76.00 �6�° 3 ,13 • 289.5 t, S' rS89053' 18"E� \ \8"F ° " �pj � .. 5 t ____.—___.. ----- 33 S89 53 18 E a� S89°53' 18"E 01 137.00 ori 1 °ter' \ �l AMBLE O01 ROAD to � - - 350.00 - - � 32 t \, _ — Q 345.77 N89053' 19 W �, _ 695.77 33 � -The South line of the N 1/2 of the SE 114 of the NE 1/4 of Sec. 22, T. 30, R. 23 BENCHMARK: Elevation = 987.05 feet (N.G.V.D. -1929) L�- Top ring of sanitary sewer manhole at East end of AMBLE ROAD C-') L1J WATER ELEVATION as of May 15, 1996 is 935-20 feet (N.G.V.D. 1929) and that is also the highest known water elevation for Karth Lake. Denotes 1/2 inch iron pipe monument set and marked by License No. 9235 KNOW ALL MEN BY THESE PRESENTS- That Charles 0. Amble and Marlys R. Amble, husband and wife, owners of the following described property situated in the City of Arden Hills, County of Ramsey, State of Minnesota: That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 30, Range 23, which lies southerly and westerly of Karth Lake Hills and which lies southerly and westerly of Karth Lake Estates Second Addition, Ramsey County. Have caused the same to be surveyed and platted as. AMBLE ADDITION and do hereby dedicate to the public for public use forever the drainage and utility easements and the drainage easement as shown on this plat. In witness whereof said Charles O. Amble and Marlys R. Amble, husband and wife, have hereunto set their hands this — day of > 19 Charles 0. Amble STATE OF MINNESOTA COUNTY OF Marlys R. Amble The foregoing instrument was acknowledged before ane this _ day of 19 by Charles O- Amble and Marlys R. Amble, husband and wife. Notary Public, My Commission Expires County, Minnesota I hereby certify that I have surveyed and platted the property described on this plat as AMBLE ADDITION; that this plat is a correct representation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot-, that all monument. have been correctly placed in the ground as shown; that the outside boundary lines are correctly designated on the plat; and there are no wet lands as defined in Minnesota Statutes, Section 505.02, Subd. 1, or public highways to be designated other than as shown on this plat. James H. Parker, Land Surveyor STATE OF MINNESOTA Minnesota License Number 9235 COUNTY OF HENNEPIN' The foregoing Surveyor's Certificate was acknowledged before me this day of > 19_ by James H. Parker, a Licensed Land Surveyor. Notary Public, Hennepin County, Minnesota My Commission Expires City of Arden Hills, Minnesota We do hereby certify that on the day of , 19 , the City Council of the City of Arden Hills, Minnesota, approved this plat. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statutes, Section 505.02, Subd. 1. Mayor Clerk Taxes payable in the year 19 on the land herein described have been paid, also there are no delinquent taxes and transfer entered this day. of _--, 19 Director Department of Property Taxation By , Deputy Pursuant to Minnesota Statutes, Section 383A.42, this plat has been examined and is approved this day of > 19 and the conditions of Minnesota Statutes, Section 505.03, Subdivision 2, have been fulfilled. David D. Claypool, L.S. Ramsey County Surveyor County Recorder, County of Ramsey, State of Minnesota I hereby certify that this plat of AMBLE ADDITION was filed in the office of the County Recorder for public record this day of 19 , at o'clock .M. and was duly filed in Book of Plats, Page , as Document Number Lou McKenna, County Recorder By Deputy ADVANCE SUR VE PING c& ENGINEERING CO. oto IO.51 os� ✓; NW 1/4 � NE 14 � l v o�l�� " ,'�" AMBLE ; ADDITION C14 1i opo Z \ '? ` ` . SW 1/4 SE 1/4 AD N df t�"J,�� NO SCALE L > > � 0 It I xy <� SCALE: 1 INCH = 50 FEET o , ;t c 0 50 100 150 SCALE 1N FEET ? _iY Ste, �9 �` E rn r- n ` (!' �� �' For purposes of this plat, the West line of the SE 1/4 of the NE 1/4 . of Sec. 22, T_ 30N, R.23W is assumed to have a bearing of N00104'59 V11 o o p (05 01 Oy Drainage and utility easements are shown thus: C%1 LO o04 O° p cfl. v� CD E ' o,,. Svc-�'st 6 - — tr o c6 12 12 0Oops tJ� 01, .�J -472.69.- 0 Being 12 feet in width and adjoining front lot lines x`90,tr0G and 6.feet in width and adjoining side lot lines 232.00 X16 t O 24Q.69 � unless otherwise shown on this plat. a O S8905 ' 18"E co {�)= �f 3 _�. 2 �"�° jos f� �p ` '0 NC 0.- i h _ S89°53' 18"E 'rsr <,' bi S89053-18" _ �— ---� r�40.0 � ��---- -- 140.00 �-� -9 t 260.91 o� . 7 0 `�- — N S89°53' 18"E\\ 97.00 p� ,s LLJ "'1 w --300.91-- 06 -300.91-- ' L 76.00 �6�° 3 ,13 • 289.5 t, S' rS89053' 18"E� \ \8"F ° " �pj � .. 5 t ____.—___.. ----- 33 S89 53 18 E a� S89°53' 18"E 01 137.00 ori 1 °ter' \ �l AMBLE O01 ROAD to � - - 350.00 - - � 32 t \, _ — Q 345.77 N89053' 19 W �, _ 695.77 33 � -The South line of the N 1/2 of the SE 114 of the NE 1/4 of Sec. 22, T. 30, R. 23 BENCHMARK: Elevation = 987.05 feet (N.G.V.D. -1929) L�- Top ring of sanitary sewer manhole at East end of AMBLE ROAD C-') L1J WATER ELEVATION as of May 15, 1996 is 935-20 feet (N.G.V.D. 1929) and that is also the highest known water elevation for Karth Lake. Denotes 1/2 inch iron pipe monument set and marked by License No. 9235 KNOW ALL MEN BY THESE PRESENTS- That Charles 0. Amble and Marlys R. Amble, husband and wife, owners of the following described property situated in the City of Arden Hills, County of Ramsey, State of Minnesota: That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 22, Township 30, Range 23, which lies southerly and westerly of Karth Lake Hills and which lies southerly and westerly of Karth Lake Estates Second Addition, Ramsey County. Have caused the same to be surveyed and platted as. AMBLE ADDITION and do hereby dedicate to the public for public use forever the drainage and utility easements and the drainage easement as shown on this plat. In witness whereof said Charles O. Amble and Marlys R. Amble, husband and wife, have hereunto set their hands this — day of > 19 Charles 0. Amble STATE OF MINNESOTA COUNTY OF Marlys R. Amble The foregoing instrument was acknowledged before ane this _ day of 19 by Charles O- Amble and Marlys R. Amble, husband and wife. Notary Public, My Commission Expires County, Minnesota I hereby certify that I have surveyed and platted the property described on this plat as AMBLE ADDITION; that this plat is a correct representation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot-, that all monument. have been correctly placed in the ground as shown; that the outside boundary lines are correctly designated on the plat; and there are no wet lands as defined in Minnesota Statutes, Section 505.02, Subd. 1, or public highways to be designated other than as shown on this plat. James H. Parker, Land Surveyor STATE OF MINNESOTA Minnesota License Number 9235 COUNTY OF HENNEPIN' The foregoing Surveyor's Certificate was acknowledged before me this day of > 19_ by James H. Parker, a Licensed Land Surveyor. Notary Public, Hennepin County, Minnesota My Commission Expires City of Arden Hills, Minnesota We do hereby certify that on the day of , 19 , the City Council of the City of Arden Hills, Minnesota, approved this plat. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statutes, Section 505.02, Subd. 1. Mayor Clerk Taxes payable in the year 19 on the land herein described have been paid, also there are no delinquent taxes and transfer entered this day. of _--, 19 Director Department of Property Taxation By , Deputy Pursuant to Minnesota Statutes, Section 383A.42, this plat has been examined and is approved this day of > 19 and the conditions of Minnesota Statutes, Section 505.03, Subdivision 2, have been fulfilled. David D. Claypool, L.S. Ramsey County Surveyor County Recorder, County of Ramsey, State of Minnesota I hereby certify that this plat of AMBLE ADDITION was filed in the office of the County Recorder for public record this day of 19 , at o'clock .M. and was duly filed in Book of Plats, Page , as Document Number Lou McKenna, County Recorder By Deputy ADVANCE SUR VE PING c& ENGINEERING CO. oto IO.51 (19(1' 97 AMRI F t IVDA ADVANCE STIR VEYING & ENGINEERING CO. 5300 S. Hwv. No. 101 Minnetonka, MT 55345 Phone (952) 474 -904 Fax (952) 401 13-x. SURVEY FOR- LINDA AMBLE SURVEYED: December 16. 2009 DRAFTED: December I".2(N)9 LEGAL DESCRIPTION OF ENTIRE PARCEL: Lots 1. 2 and 3, Block I, Amble Addition, Ramscy County, NJinnesort. PROPOSED LEGAL DESCRIPTION OF NORTHERLY PARCE=L: Lot 1 and the North 48 feet of Lot 2, Block 1, Amble Addition. Ramsey County, Minnesota. PROPOSED LEGAL DESCRIPTION OF SOUTHERLY PARCEL: Lot 3 and that part of Lot 2 lying South of the North 49 feet thereof. Block 1. Amble Addition. Ramsey County, Minnesota. PROPOSED LEGAL DESCRIPTION OF TRANSFER PARCEL TO NORTHERLY PARCEL: The North 48 feet of Lot 2. Block 1. Amble Addition. Ramsey County. Minnesota. PROPOSED LEGAL DESCRIPTION OF TRANSFER PARCEL TO SOUTHERLY PARCEL: That part of Lot 2 lying South of the North 49 feet thereof- Bleck I - Amble Addition. Ramsey Cnunty. Minnesota. PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION (NORTHERLY PARCH-): That part of the drainage and utility easement, dedicated in the plat of Amble Addition.. Ramsev County. Minnesota, that lies 6 feet on both sides of the line between Lots I and 2. Block 1. in said Amble Addition. that lies cast of the west 12 feet of said Lots I and 2 and that lies west of the w csterly line of the drainage easement shown on said Amble Addition over the easterly part of said Lots I and 2. PROPOSED DRAINAGE AND UTILITY EASEMENT VACATION (SOUTHERLY PARCH): That part of the drainage and utility easement- dedicated in the plat of Amble ,Addition. Ramsey County, Minnesota. that lies 6 feet on both sides of the line between Lots 2 and 3. Block I _ in said Amble Addition, that lies cast of the west 12 feet of said Lots 2 and 3 and that lies west of the xxcsterly line of the drainage easement shown on said Amble Addition over the easterly part of said Lots 2 and 3 - SCOPE _SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description_ The scope of our services does not include determining what you own. which is a legal matter. Please check the legal description with your records or consult with competent legal counsel. if necessary. to make sure that it is correct, and that anv matters of record. such as easements. that you wish shown on the survey, have been shown 2. We show a proposed division of the property. Please review the proposal to see that it is what you intend and submit to those governmental agencies that have jurisdiction to obtain their approvals. if you can_ before making any decisions regarding the property. STANDARD SYMBOLS & CONVENTIONS: " 0 " Denotes 1/2" ID pipe with plastic plug bearing State License Number 92' 5, set. unless otherw ise shown. I hereby certify that this plan. specification. report or survey vas prepared by me or under my direct supervision and that I am a licensed Professional Engineer and Professional Surveyor under the laws of the State of Minnesota. atm s H. Parker P.E. & P.S. No. 9235 Eu ' F E --264.84-- S -264.84 S 89'53'18" E `\ \ S 89'53'18" E Z_ rat P/oy area h 43 \ \ I to be moved o 12/ Fauna � \ �- — — — — — — — — — — — — — -- ' �o — —140 t70---Shore/ire of Korth Lake as of Aloy t5, 1996 Fauna V2J5 .�. S 89 �3'1C3 " E T t L11 CW 02= -- --- --9------==�„ � �, ; ��-= 400 e_ -- S 8953'18" E f \ I 1 Existing Droinoge and Utility Easement to be vacated - \ f I Z_ ci' c �• F I � f \ I��------------------------ f \ II --------------------------' \ \ \ f I \ ' \ \ m GRAPHIC SCALE \ \ \ ao u is ao so I I \ \ \ \ ( IN FEET l f I \ 4 I � \ 1 f \ \ I \ I \ f \ f f \ \ ��~ . \ \ -Existing Drainoge and Utility Easement to be wcoted \ i S 89'53'18"E — — — — — — — \\ — — — — — —— S 8953'18"E \ -- --232.00-- _ --240.69-- _ �— -—— — — — — —— h 12 oI I -Wishing to be \\ O I Existing roroge well moved �'1� co • v j - - - - - - �� - O( to remaino9e LO f \ Eu ' F E --264.84-- S -264.84 S 89'53'18" E `\ \ S 89'53'18" E Z_ rat P/oy area h 43 \ \ I to be moved o 12/ Fauna � \ �- — — — — — — — — — — — — — -- ' �o — —140 t70---Shore/ire of Korth Lake as of Aloy t5, 1996 Fauna V2J5 .�. S 89 �3'1C3 " E T t L11 CW 02= -- --- --9------==�„ � �, ; ��-= 400 e_ -- S 8953'18" E D� a I 1 Existing Droinoge and Utility Easement to be vacated - I Z_ ci' c �• F I � I��------------------------ II --------------------------' \ \ EOSe177e17t ----------- ON,`S�- --260.91-- Okip 1.ti. Drw. No. 090.392 � DI�EN HILLS MEMORANDUM DATE: February 3, 2010 PC Agenda Item 3.E TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #10-003 Zoning Code Amendment Antennas and Water Towers City of Arden Hills ATTACHMENTS: A —1325.09 Subd 4 — Black -lined Version Request Consider approval of Planning Case 10-003 to amend Section 1325.09 Subd 4 of the Zoning Code to remove the conditional use permit process for placing antennas on City owned structures as presented in the February 3, 2010, Planning Case Report. Background As cellular and mobile internet telecommunications have become more popular, cities throughout the country are experiencing an increase in requests for new antenna towers and sites. Under federal regulations, cities must accommodate telecommunication needs (htlp://wireless.fcc.gov/sitin�/local-state-,g,ov.html). However, cities retain local land use authority and can regulate location and visual impact to protect the public health, safety, and general welfare. In August 2009, the City adopted a zoning code update to set a priority list for the placement of new antennas (Section 1325.09 Subd 6). One of the primary goals of that update was to encourage the grouping of antennas to help minimize the construction of new towers and minimize the visual impact. The zoning code update stated that new antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that none of the City water towers can be feasibly used from an engineering standpoint. If a City City of 'Arden Hills Planning Commission Meeting for February 3, 2010 IlAhdocs]lahl 4HdatalPlanninglPlanning Cases120101PC 10-003 Zoning Code Amendment -Antennas on Water Towers (pending)102-03-10 - PC Report - Water Tower ordinance amendment - james.doc Pagel of 4 water tower site is not feasible, the Code requires the applicant to consider the following locations in order of priority: 1. On existing towers or structures within any industrial, civic -center, or business district; 2. On new towers in any industrial civic -center, or business district; 3. Any existing towers or structures located within any residential district; then, 4. Any new towers or structures located within any residential district. The priority list and evaluation criteria in the Zoning Code help the City fairly evaluate requests while working to minimize the potential impacts and protect the public. Discussion Despite the priority list requiring applicants to consider the City's water towers first, the Code does not really encourage the use of the City water towers. New antenna requests are required to come before the Planning Commission and City Council for a Conditional Use Permit (CUP) in order to place antennas on a water tower, which adds time and expense. Since the Zoning Code requires the same process for placing an antenna on an existing water tower or constructing a new tower for an antenna, there is less incentive to consider the water towers. To address this issue, Staff proposes to eliminate the CUP requirement for placing antennas on City owned structures, which includes the water towers. In place of the CUP, the antenna request would be subject to an administrative and City Council review. The administrative review for proposed antennas on City owned structures would require the following: • An independent structural engineering review to determine if the structure can accommodate the additional antennas; • For water tower sites, the regulations in Section 1325.09 Subd 8 would continue to apply; and, • A building permit. The applicant would come before the City Council for approval of a lease agreement, but a public hearing and Planning Commission review would not be required. The lease agreement would address all of the water tower provisions in the Code (Section 1325.09 Subd 8) without the need for a CUP. The administrative review process would reduce the amount of time it takes an applicant to find and install antennas. More importantly, this would incentivize the placement of antennas on existing water towers instead of building new towers by streamlining the review process. The result would be in keeping with the goal of the Zoning Code to reduce the need for antenna sites in the City. Staff reviewed a number of other communities' zoning ordinances as they pertain to antennas located on city owned sites as well as consulted with the City Attorney. Staff was unable to find another community that required a Conditional Use Permit for city owned sites that had been City of Arden Hills Planning Commission Meeting for February 3, 2010 IlAhdocsllahlAHdatalPlanninglPlanning Cases120101PC 10-003 Zoning Code Amendment -Antennas on Water Towers (pending)102-03-10 - PC Report - Water Tower ordinance amendment - james.doc Page 2 of 4 designated as a suitable location for antennas. However, the administrative review process for existing sites is common in other communities, including Shoreview, Roseville, and Minnetonka. If someone were to propose constructing a new antenna tower or placing an antenna on a non - city owned structure, a CUP and public hearing would still be required. The CUP process for new antennas and towers in other communities is common because each request can be unique due to the location, size, potential impacts, and other variables. At their December 21, 2010, work session, the City Council discussed the idea of removing the conditional use permit requirement for City owned structures and directed staff to prepare this zoning code amendment. Recommendation Staff recommends approval of Planning Case 10-003 exclude antennas placed on City owned towers from presented in the February 3, 2010, Planning Case Report. Options to amend Section 1325.09 Subd 4 to the Conditional Use Permit process as 1. Recommend Approval as Proposed: Motion to recommend approval of Planning Case 10- 003 to amend Section 1325.09 Subd 4 to exclude antennas placed on City owned towers from the Conditional Use Permit process as presented in the February 3, 2010, Planning Case Report. 2. Recommend Approval with Changes: Motion to recommend approval of Planning Case 10- 003 to amend Section 1325.09 Subd 4 to exclude antennas placed on City owned towers from the Conditional Use Permit process as amended by the following changes... 3. Recommend Denial: Motion to recommend denial of Planning Case 10-003 to amend Section 1325.09 Subd 4 to exclude antennas placed on City owned towers from the Conditional Use Permit process as presented in the February 3, 2010, Planning Case Report. 4. Table: Motion to table Planning Case 10-003 to amend Section 1325.09 Subd 4 to exclude antennas placed on City owned towers from the Conditional Use Permit process: a specific reason and/or information request should be included with a motion to table. If changes to the ordinance are made, those changes can be included with a motion to approve. City of Arden Hills Planning Commission Meeting for February 3, 2010 l W hdocsl IahWHdatalPlanninglPlanning Cases120101PC 10-003 Zoning Code Amendment -Antennas on Water Towers (pending)102-03-10 - PC Report - Water Tower ordinance amendment - james.doc Page 3 of 4 Notice Notice was published in the Shoreview -Arden Hills Bulletin. Staff has not received any letters, e-mails, or telephone calls from property owners or occupants in regards to this planning case. Attachments A — Section 1325.09 — Black -lined Version City of Arden Hills Planning Commission Meeting for February 31 2010 I WhdocslIahWHdatalPlanningIPlanning Cases120101PC 10-003 Zoning Code Amendment -Antennas on Water Towers (pending)102-03-10 - PC Report - Water Tower ordinance amendment - james.doc Page 4 of 4 1325.09 Antennas, Dish Antennas and Towers. (Revised 08/05/09) Subd. 1 Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City finds that these regulations are necessary to: A. Maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community; B. Ensure antennas and towers are designed, located, and constructed in accordance with all applicable code requirements to avoid potential damage to adjacent properties from failure of the antenna and tower through structural standards and setback requirements; Subd. 2 Applicability. The regulations in this subsection shall apply to any antenna or tower except as hereinafter provided in Subd. 3. Subd.3 Exemptions. A. Antennas and towers used by the City for City purposes. B. Receptive dish antennas under one (1) meter in diameter and individual receptive antennas, which are no taller than twelve (12) feet above the roofline, regardless of the zoning district. C. In all residential districts, no more than two (2) exempted antennas and no more than one (1) antenna requiring a conditional use permit shall be allowed on any lot or parcel. Subd. 4 Conditional Use Permit -€-d. Antennas, dish antennas and towers are allowed only as conditional accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory. Antennas dish antennas and towers located on vroveg r owned by the City of Arden Hills shall. not require a conditional use *)ermit and shat not be subject ..... to the re("Y.lations in Subd. 5. Height, of this section. Subd. 5 Height. The height of an antenna or tower shall be measured from the ground at the base of the antenna, tower, or other structure that the antenna is attached to, to the highest point of the antenna or tower. No antenna or tower shall exceed the following height limitations: A. A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and shall not extend more than twelve (12) feet above the roof if it is roof mounted. Regardless of these height limitations, the antenna shall be mounted as close to the ground or roof as practical. B. No antenna or tower shall exceed a height of seventy-five (75) feet. C. No antenna or tower shall exceed a height equal to the distance from the base of the tower to the nearest overhead electrical power line (except individual service drops), less five (5) feet. Subd.6 Location. A. New antennas shall be located on City water tower sites unless the applicant shows, to the reasonable satisfaction of the City, that none of the City water towers can be feasibly used from an engineering standpoint. B. Preferences for Antenna and Support Structure Locations. When selecting sites for the construction of new Antenna Support Structures and/or for the placement of new antennas, when not located on a City water tower site, the following preferences shall be followed in order of listing: 1. Existing towers or on existing structures located within any Industrial, Civic -Center, or Business District zoned property 2. On new towers located within any Industrial, Civic -Center, or Business District zoned property 3. Any existing towers or structures located within any Residential zoned property. 4. Any new towers or structures located within any Residential zoned property. C. Co -location Required. If a new antenna support structure is to be constructed, it shall be designed structurally and electrically to accommodate both the applicant's antennas and comparable antennas for at least one (1) additional user. Any antenna support structure must also be designed to allow for future re -arrangement of antennas upon the tower and to accept antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies, Personal Communication Systems companies, local police, fire and ambulance companies. D. Prohibitions. No new support structures shall be approved for construction, unless the applicant shows, to the reasonable satisfaction of the City, that an existing tower or structure is not feasibly available for use from an engineering standpoint. E. Antennas and towers shall be located on sites or buildings in areas that are the least visually intrusive to nearby properties and public streets. F. Antennas, dish antennas or towers shall not be allowed: 1. Nearer the street than the principal building on the lot. Page 2 of 4 2. Nearer the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section 1320.06 of this Code. 3. Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or tower will be placed. 4. Nearer to any property line than the height of the antenna or tower. Subd.7 Screening. A. Dish Antennas. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows: 1. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices. 2. Roof or Wall Mounted Dishes. Screening for roof- or wall -mounted dishes shall be in accordance with Section 1325.05 Subd 4 B. Antennas. Antennas shall be painted the color of the structure to which they are attached. Subd. 8 Special Requirements for City Water Tower Sites. The placement of licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services on water tower sites will be allowed only when the City is fully satisfied that the following requirements are met: A. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; B. There is sufficient room on the structure to accommodate the applicant's equipment and all equipment (antennas, exterior cables, etc) attached to the structure is painted to match the color of the structure; C. The presence of the equipment will not increase the water tower or reservoir maintenance costs to the City; D. The presence of the equipment will not be harmful to the health of workers maintaining the water tower or reservoir. E. Antennas placed on the top of the tower shall not exceed the height of the tallest existing antenna. F. There is sufficient room on the site to accommodate all ground equipment and the following requirements for ground equipment are met: Page 3 of 4 1. The base transceiver station and all other ground equipment shall be housed in an existing on-site equipment building whenever possible. If an existing equipment building is unavailable, a new equipment building may be constructed. If the equipment is to be housed in a weather-proof cabinet -like structure in lieu of a building, it shall be mounted upon a suitable concrete pad. 2. If there is an equipment building constructed on site, it shall be subject to City approval. 3. To the extent possible, the equipment building or cabinet shall be located adjacent to or near existing on-site buildings. 4. The equipment building or cabinet shall be screened from view of adjacent properties by suitable vegetation, except where non - vegetative screening (e.g., a decorative wall or fencing) better reflects and complements the character of the neighborhood. 5. The City shall require a suitable financial surety to ensure future removal of the equipment building or cabinet upon termination of the lease. 6. All applicants must include a signed report from a State registered engineer showing compliance with all applicable codes, standards and structural requirements of how the additional antennas will affect the water tower structure. A final inspection report from a State registered engineer showing the work completed is in compliance with previously approved plans shall also be required. Subd.9 Requirements. A. A building permit shall be required for all applications except those as stated in Section 1325.09 Subd 34. B. The City shall require the applicant to complete a radio frequency interference study that is carried out by an independent and qualified professional reasonably selected by the City that is able to demonstrate that the applicant's use will not interfere with any existing communications facilities. Page 4 of 4 �RPEN HILLS MEMORANDUM DATE: February 3, 2010 PC Agenda Item 5eA TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Report from the City Council January 11, 2010, City Council Meeting The City Council was presented with an update on the County Road E Bridge over T.H. 51. City Staff is looking at two alternatives for providing better pedestrian and bicycle access over the bridge. One of the alternatives is to improve the existing bridge by restriping the lane widths. The second alternative is to construct a separate stand alone pedestrian bridge. Both scenarios have benefits and drawbacks. Staff is looking into the possibility of obtaining federal or state funding for the stand alone option. This improvement is part of the implementation plan for the Guiding Plan for the B-2 District. January 25, 2010, City Council Meeting The City Council voted unanimously (Holmes Abstained) to deny Mr. and Mrs. Schneider's request to overturn Staff decision that a fence located at 1777 Glenview Avenue met the requirements of the Zoning Code. The Planning Commission voted unanimously to recommend denial of this planning case at the January 6, 2010, meeting. City of Arden Hills Planning Commission Meeting for February 3, 2010 \\Metro-inet.us\ardenhills\Planning\Planning Commission\CC Reports\02-03-10 - PC report - CC report.doc Page 1 of 1