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Home My WebLink About10/21/1996BOOk MAPLEWOOD PLANNING COMMISSION Monday, October 21, 1996 7:00 PM City Hall Council Chambers 1830 County Road B East Call to Order Roll Call Approval of Minutes a. October 7, 1996 4. Approval of Agenda 5. Resolution of Appreciation - Lester Axdahl 6. Public Hearings a. Stielow Open Space - Sterling Street and Carver Avenue Land Use Plan Change (R-1 to OS) o New Business a. Tower and Antenna Ordinance Visitor Presentations Commission Presentations a. October 14 Council Meeting: Ms. Ericson b. October 28 Council Meeting: ? (was to be Mr. Axdahl) 10. Staff Presentations 11. Adjournment WELCOME TO THIS MEETING OF THE PLANNING COMMISSION This outline has been prepared to help you understand the public meeting process. The review of an item usually takes the following form: o The chairperson of the meeting will announce the item to be reviewed and ask for the staff report on the subject. Staff presents their report on the matter. The Commission will then ask City staff questions about the proposal. The chairperson will then ask the audience if there is anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Please step up to the podium, speak clearly, first giving your name and address and then your comments. After everyone in the audience wishing to speak has given his or her comments, the chairperson will close the public discussion portion of the meeting. The Commission will then discuss the proposal. No further public comments are allowed. The Commission will then make its recommendation or decision. All decisions by the Planning Commission are recommendations to the City Council. The City Council makes the final decision. jw/pc~pcagd Revised: 01/95 MiNUTES'OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA OCTOBER 7, t996 CALL TO ORDER Chairman Axdahl called the meeting to order at 7 p.m. II. ROLL CALL IV. III. Commissioner Lester Axdahl Commissioner Bunny Brueggeman Commissioner Barbara Ericson Commissioner Lorraine Fischer Commissioner Jack Frost Commissioner Kevin Kittridge Commissioner Dave Kopesky Commissioner Gary Pearson Commissioner William Rossbach Commissioner Milo Thompson Present Absent Present Present Present Present Absent Present Present Present APPROVAL OF MINUTES Commissioner Frost moved approval of the minutes of September 16, 1996, as submitted. Commissioner Pearson seconded. Ayes-Axdahl, Frost, Kitttidge, Pearson, Rossbach, Thompson Abstentions-Ericson, Fischer The motion passed. APPROVAL OF AGENDA Commissioner Fischer moved approval of the agenda as submitted. Commissioner Ericson seconded. Ayes-all The motion passed. NEW BUSINESS A. Slumbefland Furniture Store, County Road D.--Land Use Plan Change (R-3H to BC), Zoning Map Change (R-3 to BC), and Parking Reduction Authorization Ken Roberts, associate planner, read the public heating notice and presented the staff report. He answered questions from the commission. Paul Kaufman, representing Slumbefland and Larson Enterprises, said this store would not have a large amount of traffic because it is located so close to the corporate store in Little Canada. Customers would pick up their merchandise in Little Canada, rather than having the stock transported to this store. The general contractor, engineer, landscape architect, and architect for the project were also present. Chairperson Axdahl opened the heating to the public. There were no comments, so the public heating was closed. Planning Commission Minutes of 10-07-96 -2- Commissioner Kittddge moved the Planning Commissioner recommend: A. Adoption of the resolution which changes the city's land use plan from R-3H (multiple-family residential) to BC (business commercial). This change is for the proposed Slumberland Furniture store site on the north side of County Road D between Frank's Nursery and Crafts and Maple Ridge Apartments. The city approves this change for the following reasons: 1. It is consistent with the goals and policies in the Maplewood Comprehensive Plan for commercial and industrial development. 2. The proposed commercial development would be more compatible with traffic conditions on County Road D than a residential use. 3. There is similar commercial development to the east of this site. 4. The proposed Slumberland store is designed to keep the customer activity away from the apartments to the west. Adoption of the resolution which changes the zoning map from R-3 (multiple-family residential) to BC (business commercial). This rezoning is for three of the four properties for the proposed Slumberland Furniture store on the north side of County Road D between Frank's Nursery and Crafts and the Maple Ridge Apartments. This rezoning is based on the findings required by the code. Approval of a parking reduction authorization for 105 fewer parking spaces than the code requires, based on the following reasons: 1. The proposed retail use requires a high volume of space to serve a Iow volume of customers and would not generate the usual amount of traffic generated by other retail businesses. 2. Much of the proposed building would be used for display of furniture. 3. The applicant has proven that there is ample site area available to add more parking spaces in the future if the need would arise. If a parking shortage develops, the city council may require that the applicant provide additional parking spaces in accordance with city parking requirements. Commissioner Frost seconded. Ayes---all The motion passed. VI. UNFINISHED BUSINESS Ao Wetland Setback Varian~eneral Sprinkler Corporation (County Road D East) Ken Roberts, associate planner, said Frank Winiecki, of General Sprinkler Corporation, requested that the planning commission defer action on this request for two weeks. Mr. Winiecki notified staff of this request last Thursday after the agenda was mailed. He said he has hired a wetland consultant to work on the project. Mr. Roberts said that staff 'recommendation is to table action on this for two weeks. VII. Planning Commission -3- Minutes of 10-07-96 Commissioner Rossbach moved the Planning Commission recommend tabling the wetland setback variance request for General Sprinkler Corporation (County Road D East) for two weeks at the request of the applicant. Commissioner Fischer seconded. Ayes--all The motion passed. NEW BUSINESS A. Easement Vacation--Carefree Cottages of Maplewood (Phase III), Gervais Avenue Ken Roberts, associate planner, presented the staff report. Mr. Roberts answered questions from the commission. Ken Haider, city engineer, also answered questions from the commission. Commissioner Rossbach commented that the area where Mogren Development is planning to dig for mitigation has established vegetation, a pin of burr oak, and brush. Mr. Rossbach pointed out that there is another potential area that has no vegetation at all. Mr. Haider confirmed that NURP and holding ponds that are now being built will eventually be designated as wetlands. Commissioner Rossbach also noted that the signs designating "no dumping" in the wetland area did not clearly indicate where the dumping should not occur. He thought the wording of the signs could be more explicit. Bruce Mogren, representing Mogren Development Company, arrived at this time. Mr. Mogren said the error in staking by the surveyor was an "honest mistake" and caused great concern. Commissioner Rossbach questioned Mr. Mogren about the proposed mitigation area. Mr. Mogren said he had been working closely with wetland specialists from the Ramsey-Washington Metro Watershed District to correct this error. Commissioner Pearson moved the Planning Commission recommend approval of the resolution which vacates part of the drainage and wetland easement for Carefree Cottages of Maplewood (Phase III). The city should approve this vacation because: It is in the public interest. The area cannot be restored or used as a wetland as the apartment building encroaches into the existing easement. It is suggested that the mitigation site along the north end of the property be reviewed as to whether it is the best option because of existing vegetation in this area. Commissioner Frost seconded. Ayes--all The motion passed. VIII. VISITOR PRESENTATIONS There were no visitor presentations. IX. COMMISSION PRESENTATIONS A. September 23 Council Meeting: Mr. Thompson reported on this meeting. B. . October 14 Council Meeting: Ms. Ericson will attend this meeting. XJ Planning Commission Minutes of 10-07-96 C. September 20, 1996 Letter from Mr. Kopesky Commissioner Rossbach suggested that the commission find out the council's intentions for the size of the planning commission. If the council chooses to not fill the position, Mr. Kopesky should remain on the commission until he is able to attend the planning commission meetings. Commissioner Frost was agreeable to having Mr. Kopesky remain on the commission if his absence was only going to be short-term. Commissioner Fischer said the advantage to a resignation would be a change in the number needed for a quorum. Ms. Fischer also wanted to know the city council's thoughts on filling a vacancy. Chairperson Axdahl said that because of personal reasons (surgery) he has also chosen to resign from the commission. Commissioner Rossbach said he felt that the approval of the MDG warehouse project on Cope Avenue near Birmingham Street was a "huge mistake." He felt this was a pdme example of why more study needs to be done on the ways commercial property relates to residential areas. Commissioner Frost commented on the mud and dirt on the streets near this construction site. The commission and staff discussed wetlands and the wetland ordinance. STAFF PRESENTATIONS There were no staff presentations. Xl. ADJOURNMENT The meeting adjourned at 8:08 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Ken Roberts, Associate Planner PlanninD Commission Resi~lnation October 8, 1996 INTRODUCTION Lester Axdahl has resiGned from the planning commission. I have attached his letter of resignation and a resolution of appreciation for him. RECOMMENDATION Approve the attached resolution of appreciation. kr/p:miscell/pcresig.mem Attachments: 1. October 7, 1996 letter 2. Resol~on L£ST£1~ G. AXD^HL October 7, 1996 Attachment 1 2209 p~.v.~l~ Av~,NU~-, M~,PI.£WooD, ~(INI~i:SOTA 55117 Letter of Resignation Maplewood Council, For personal reasons.' (surgery), in the near future I will not be able to do the physical review of areas as they bec~ agenda items, and will miss several meetings of the Cu~,'~ssion. I am therefore resigning frcm the Planning Ccramission. I have enjoyed serving with a lot of dedicated and informed members for many years, but feel that is appl~priate for me to resign so that the Council can appoint someone who will be able to give adequate time to the conduct of the planning process. Sincerely, Attachment 2 JOINT ~SOLUTION OF APP~CIATION WHEREAS, Lester Axdahl has been a member of the Maplewood Planning Commission since August 8, 1974 and has served faithfully in that capacity to the present time; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of MapIewood, Minnesota and its citizens, that Lester Axdahl is hereby extended our heartfelt gratitude and apPreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on November 11, 1996. Gary Bastian, Mayor Passed by the Maplewood Planning Commission on October 21, 1996 Attest: Lorraine Fischer, Chairperson Karen Guilfoile, City Clerk MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: City Manager Ken Roberts, Associate Planner Land Use Plan Change - Stielow Property West of Sterling Street, north of Carver Avenue October 16, 1996 INTRODUCTION The city council directed the planning commission and parks and recreation commission to review the purchase of a property for open space. It is about a 13-acre property west of Stealing Street, north of Carver Avenue around the house at 1285 Steding Street. (See the maps on pages 4 and 5.) City staff has negotiated a price of about $146,000 for the 13.26 acres. State law requires that the planning commission advise the council whether proposed public acquisitions follow the comprehensive plan. Maplewood has not shown this site on the land use plan for open space. As such, we have scheduled a public hearing to consider changing the land use plan for this area. The change would be from R-1 (single dwellings) to OS (open space). (See the existing and proposed land use plan maps on pages 6 and 7.) BACKGROUND Open Space Program On November 2, 1993, the voters approved the open space referendum. This vote authorized the city to sell up to $5 million in general obligation bonds to buy land for open space. The Open Space Committee recommended that the city council consider buying open space from a list of nineteen sites. This list included the fourteen top-rated sites in Maplewood and five additional sites that the committee had rated top in their respective neighborhoods, but not city- wide. Since then, the city has nan'owed this list to eight properties. (See the list on page 9 and the map on page 10.) These are the properties that the owners had expressed an interest in selling. The city council authorized the staff to buy eight sites. These include Site 153A (Priory), Site 142 (Frost Avenue and English Street), Site 161B (Kayser), Site 108 (Pearson), Site 116 (Spoon Lake), Site 116(a) (Kuslich), Site 168C (Grandview Addition) and Site 103C (County Road D and Woodlynn). Maplewood has closed on all these sites. (Refer to the memo from Craig Dawson On pages 11 and 12.) On October 14, 1996, the council decided to buy the 6.5.acre Regnier property east of Arcade Street for open space. DISCUSSION Open Space The Open Space Committee ranked this site 46th out of the 67 and 13th out of the 19 in this neighborhood. This site has several advantages: · The site provides an interesting vista · There are slopes and trees on and near the site that would be protected · The property is a good economic value · There is safe and easy access to the area · The site could provide year-round recreational opportunities · There has been neighborhood interest in preserving the site Staff also notes that the open space committee ranked this site separately from the Grandview site next to it to the west. If the committee had reviewed these two sites together as one, the overall score would have been higher since it would have been a larger (26 acres) site. COMMISSION ACTION On June 17, 1996, the parks commission reviewed the Proposed purchase of this site for open space. The parks and recreation commission recommended unanimously to the city council that the city buy this site for open space. RECOMMENDATION Adopt the resolution on page 13. This resolution changes the land use plan for the undeveloped area west of Sterling Street north of Carver Avenue around the house at 1285 Sterling Street. The change is from R-1 (single dwellings) to OS (open space). The city should make this change because: 1. Maplewood plans to buy this site for open space. 2. The site provides an interesting vista. 3. The purchase would help preserve a variety of natural features on and near this site, including slopes and trees. 4. The property is a good economic value. 5. There is safe and easy access to the area. 6. The site could provide year-round recreational opportunities. 7. There has been neighborhood interest in preserving the site. The city shall not make the land use plan change for the city-owned property until after the city closes on the property. 2 p:sec 24-25/openln10.mem Attachments: 1. Loca§on Map 2. Property Une/Zoning Map 3. Ex~ng Lend Use Map 4. Proposed Lend Use Map 5. Site Survey 6. List of Top-Rated Sites 7. Map of Top-Rated Sites 8. 6-17-96 memo from Craig Dawson 9. Land Use Plan Change Resolution 17 1. CURRIE CT. 2. VALLEY VIEW CT. 5. LAKLrWOOD CT. AVE. PHYUS CT. :~OAK HEI CT. MORELAND UNWOOD HIGHWOOD ~ ~ ~ CREST AVE. Attachment 1 BOXWOOD OVERLOOK CIR. Lake r~4MSEY COUNTY WASHINGTON COUNTY LOCATION MAP 4 Attachment 2 SKi JUMP 2405 1285 2431 CARVER AVENUE 2510 F PROPERTY LINE I ZONING MAP Highwood_-- minor OS R-1 R-1 minor P R-1 R-1 '0 0 0 Carver REVISED 7-20-95 8-19-96 OS 0 L 0 SITE LAND USE MAP (EXISTING) 6 .. Attachment 4 Highwood---- R-I~ P minor collector I R-- 1 os R-1 R-1 ~ ,.~ "ID 0 0 Carver REVISED 7-20-95 8-19-96 R OS LAND USE MAP (PROPOSED) Attachment 5 Certificate of Survey for: City Survey of: Beverly Stie Maplewood AREAS ST1ELOW 116098.848 FT"2 CITY 547695.806 FT"2 STERLINO 29721.101 Fl"2 TOTAL 695515.55~F FT"2 2.665 ACRES 12.573ACRES 0,682 ACRES 15.921 ACRES OCT :~ LEGEND ~I'RANSKY' AND ASSOCIATES, INC. 234~ RICE STREET ~UITE 201 ROSEVILLF. MINNESOTA 55113 8 Attachment 6 TOP OPEN SPACE SITES FROM THE OPEN SPACE COMMITTEE'S RECOMMENDED OPEN SPACE LIST City ~D~ 153A 151 142 6 161B 6 108 9 159A 9 116 13 116 13 103C 57 Ranking (67 Sites} Property Location-Owne.r. _ Acre..s Priory 39 East of Rice, South of B--Zittel & Oren 19 (Note: Maplewood received a 7-acre conservation easement with the Tri-District School on this site) English and Frost South of Linwood Ave., East-of Sterling St.- Kayser Hazelwood and Beam---Pearson Lower Afton and McKnight - Johnson (Note: The owner is developing this property.) Near Spoon Lakc Gonyea & Pillsbury Near Spoon Lake - Kuslich Between County Road D and Woodlynn 24 20* 8 25 17 11 23 Estimated Cos..t $1,205,600 $808,000 $416,500 $221,000 $408,000 $265,OOO $663,00Q $4,000,000 (est.) * Does not include 8 acres for a neighborhood park 9 1.12 Attachment 7 Maplewood OPEN SPACE Top Rated Areas THE TOP SITES ARE CIRCLED 10 i TO: FROM: DATE: RE: MEMORANDUM Mike McGuire, City Manager Craig Dawson, Assistant City Manager June 17, 1996 Status of Open Space Acquisitions Attachment 8 The following list summarizes the City's acquisition or protection of open space: ~ ~ Acres Bond Proceeds Used 103C County Road D/Woodlyn 23 $ 663,800 108 Hazelwood and Beam 7.5 220,000 (Pearson property) N. of Spoon Lake, 17 W. of Cypress St. (Gonyea & Pillsbury props) N. of Keller, W. of Forest 13.4 (Kuslich property) SW English/Frost 24 County Rd. B/Rice 7 (Tri-District School) SW Larpenteur/Century 39 (Priory property) 116 378,000 116(a) 258,800 142 151 808,300 0 (conservation easement) 153A 1,205,600 168C 16lB S. ofLinwood, E. of Sterling 16 416,500 CKayser property) 2413 East Carver Avenue 13.3 (Crrandview Addition) 160.2 Miscellaneous Fees and Charges 120,000 $4,071,000 75.700 $4,146,700 Balance=S854,300 Status of Open Space Acquisitions June 17, 1996 Page Two 168B I,D..G.t~t~ Acres 1285 South Sterling Street 13 (Stielow property) Bond Proceeds Used $ 155,000 Balance=S699,300 (incl. est. addl. fees) W. of Arcade, N. of Keller (Regnier property) 7 100,000 Balance=S599,300 (incl. est. addl. fees) LAND USE PLAN CHANGE RESOLUTION Attachment 9 WHEREAS, the director of community development proposed a change to the city's land use plan from R-1 (single dwellings) to OS (open space). VVHEREAS, this change applies t° the property located west of Sterling Street and north of Carver Avenue around the house at 1285 Sterling Street. WHEREAS, the history of this change is as follows: On October 21, 1996, the planning commission held a public hearing. The city staff published a headng notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council not approve the plan amendment. 2. On November ,1996, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described change for the following reasons: 1. Maplewood plans to buy this site for open space. 2. The site provides an interesting vista. 3. The purchase would help preserve a vadety of natural features on and near this site, including slopes and trees. 4. The property is a good economic value. 5. There is safe and easy access to the area. 6. The site could provide year-round recreational opportunities. 7. There has been neighborhood interest in preserving the site. The city shall not make the land use plan change for the city-owned property until after the city closes on the property. The Maplewood City Council adopted this resolution on ~.3 ,1996. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Community Development Director Antenna and Tower Ordinance October 16, 1996 INTRODUCTION On December 18, 1995, the city council adopted a one-year moratorium on towers and antennas. The moratorium allowed staff time to study where and how the city code should allow these facilities. The primary objectives of the zoning ordinance are to protect adjacent land uses from possible adverse impacts and to regulate antennas and towers in a way that does not preclude their legitimate use. In addition, the moratorium prevented new towers and antennas from being constructed in Maplewood until the city adopts a new ordinance. DISCUSSION The City of Maplewood has been approached by several telecommunication companies seeking permits to construct wireless telecommunications facilities. As proposed, the ordinance relates to cellular telephone towers, antennas and rooftop apparatus needed to operate for this rapidly changing technology. Staff modeled the ordinance after ordinances that were recently adopted in Bloomington and Woodbury. The League of Minnesota Cities developed model language and helpful direction, research and other information from cities around the United States. This information has been very useful and some of this language has been incorporated or slightly modified into the proposed ordinance to fit the city's needs. Currently, there are six towers and associated facilities in the city. KSTP has two sites on the east and west sides of Highway 61 and south of Beam Ave. They have 5 towers that are between five and six hundred feet tall. The other tower, which I believe belongs to AT&T, is located south of Highwood Avenue and west of Century Avenue. As proposed, new towers and antennas would be a permitted use on existing facilities, water towers, sides or roofs of buildings or structures over two stories and existing power or telephone poles. Towers and antennas will be required to obtain a conditional use permit in all other districts and instances. City staff wrote the ordinance to allow towers in residential districts if the applicant can demonstrate the location of the tower is necessary to meet the cellular telephone coverage and capacity that othen&'ise could not be served. The proposed ordinance restricts towers in residential districts to 75 feet in height. Some cities have prohibited towers altogether in residential districts. This approach may be at odds with the 1996 Federal Telecommunications Act. This law bars cities from actions that prohibit or have the affect of prohibiting personal wireless telephone services and facilities in their cities. RECOMMENDATION Adopt the ordinance starting on page 2. This ordinance establishes regulations about commercial use antennas and towers in Maplewood. Attachment Proposed ordinance p:~o~r.2 ORDINANCE NO.,.,, AN ORDINANCE OF MAPLEWOOD, RAMSAY COUNTY, MINNESOTA, AMENDING THE CITY CODE BY ADDING LANGUAGE ABOUT ANTENNAS AND TOWERS. The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. Section 2. This section changes Section 36-66(b) by adding the following: (3) Antennas and towers as rel:lulated by Section 36-606. This section changes Section 36-84.7 as follows: (I have crossed out deletions and underlined the additions.) Section 36-84.7 Radio tower, television antenna and flagpole setbacks. :r-ewers, .Citizen band radio towers, amateur radio tc;;'=rs, television antennas and fla~pole~: jn an R-1 district shall maintain a five-foot setback from all property lines. Section 3. This section adds the following to the Maplewood City Code: (Additions have been underlined.) .CHAPTER 36 ARTICLE Xl COMMERCIAL USE ANTENNAS AND TOWER-e- ..Section 36-600. Purpose. In order to accommodate the communication nccds of residents and business while protectinl'l the public he=Ith, safety and general welfare of the community, the council finds that thes,; reaulations ire necessary to: .Facilitate the provision of wireless telecommunication servic-e_s to the residents an, I businesses of the city. 2. Minimize adverse visual effects of towers throuRh careful desil~n and sitint:l standards. 3. Avoid potential damal:le to adjacent pro_parties from to',v~r failure throul:lh structurcl ~tandards and setback requirements. Maximize the use of existinl:l and approved towers and buildint:is to a¢~ommodate ne:;' ..wireless telecommunication antennas to reduce the number of towers r:,=cded to serve th~, .¢ommunitv. 2 Goals in adoptin~l this ordinance include the following: Minimize adverse visual effects of towers throuQh careful design and siting standards_. 2. void otential dam · to ad'acent ro dies from tower failure throu h structural standards and setback requirements. 3. aximi · the se of existin and a roved towers and buildin s to accommodate new wireless telecommunication antennas to duce th number of towers eede to · the 4_. Promote the use of public land, buildings and Structures for wireless communications whenever possible. 5. Require mono~noles tO be desiclned and installed to accn_mmodate at least two separate u~ers. 6_. Freestanding monopoles shall be designed and installed to encourage co-locations of facilities on the same structure or on the same site~ 7~ The followi references shall be followed when selectin freestandin sites: a~ Prima structural location reference for wireless communication · ui ment as Water towers. Co-location on existing telecommunication towers. hur hstee les orchu sites when m ufla ed sste I or bell towers. Sides and roofs of buildinn,$ or structures over two stories. ~ Existing power or phone pole corridors. Primary land use areas for monopoles requiring conditional use pe.rmits. ~ ~ndustrial. ~ Goveri-,rnent, school, church or places of worship, utility, and institutional sites. ~ Athletic complexes... (4) Public parks/golf courses, when compatible with the nature of the park or course. (5) Parking lots may be u-~ed to locate monopoles where the monopole replicates, incorporates or substantially blends with the overall liphtina standards of the parkin¢~ lot. (6) OPen space areas when compatible with the nature of the area and site. Section 36-601. Definitions. The following words and terms, when used in this division shall have th~ following meaninc3 unless the context clearly indicates othenvise: 1. ~A¢=:~_ssory structure. A ~tructure located on the tower or antenna site c-ustomarily incidental tO the receiving or transmitting of radio or tc~cvi$ion r)roar&rns, radio and telephone receivino wave transmit/receive antennas designed for dispatching or ,_,se with household ec~uir)ment, including 'ham' radio equipment. 3 2_. Antenna. That portion of any equipment located on the extedor or outside any structure, used for transmittintq or receivinl:i radio or television waves. Antenna, Cellular Telephone. A device consisting of a metal, carbon fibre, or other _electroma~netically conductive rods or elements, usually arranl:led in a circular array on n single supportina pole or other structure, and use for transmission and reception of radio waves in wireless telephone communications. Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped =lectromagneticallv reflective or conductive element used for the transmission and/or reception of point to point ..UHF or VHF radio waves in wireless communications, and includin~ the sur)r~ortin= stm~ur~, l~hereof. Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon ~bre rod or other electromal:lnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna, Satellite Dish. A device incorporatintq a reflective _~ufface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, hom, or cornucopia. Such n device shall be used to transmit and/or receive radio or electroma;Inetic waves between terrestrially and/or orbitally-based uses. This definition incJ. udes, but is not limited to, what am commonly known as satellite earth stations, TVRO's (television receive only), and satellite microwave antennas. Antenna, Short-wave Radio Transmittin~ and Receivinl:l. A wire, set of wires or a device, consistin,q of a metal, carbon fibre, or other electroma,qnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and includin;i the supportin;I structure thereof. Public Utility. Persons, corporation, or governments supplyina oas, electric, transportation, water, sewer, or land line telephone service to the general public. For this ordinance, .commercial wireless telecommunication sources shall not be considered public utility uses, and are defined separately. 9. Tower. Any pole, spire, or structure, or combination thereof to which an antenna is attached and all supportinl:i lines, cables, wires, braces and masts. Section 36-602. Existing antennas and towers. Antennas, towers and accessory structures in existence as of meet or comply with this division are subject to the following provisions: ,1996, that do not 1. Towers may continue in use for the existin!:i purpose now used and as now existing but may not be replaced or structurally altered without meeting all standards in this division. If such towers are damal:led or destroyed due to any reason or ¢-e_u_~e whatsoever, (unless the user or owner voluntarily removes the tower), the tower may be repaired and restored to it; former size, hei,qht and use within one (1) year after geffinl; a buildino r)ermit from the city. The location and physical dimensions shall remain as they were before the dama!:le or ~lestruction. 4 ~ection 36-60~,. Interpretation. It is not the intention of this division to interfere with, abrogate or annul any covenant or other aRreement between parties. However, where this division imposes l:lreater res[Hctions upon [he use or premises for antennas or towers than are imposed or required by other ordinances, rules, i~ulations or permits, or by covenants or allreements, the provisions of this division shall c~ove,,~. ,Section 36-604, Inspections and Violations All towersI monopoles, antennas must obtain a buildin;I permit and are subject to inspection bY the city building official tO determine compliance with UBC construction standards. Deviations from the original c,.onstruction that a permit is obtained is a misdemeanor. Notice of violations will be sent by rel:listered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner will notify the buildinl:l offi.,dal that the repairs have been made, and as soon as possible thereafter, another inspection will be made by the building official, and the owner notified of the results~ Section 36-605. Conditional Use Permit. In revie~;'inl:! an application for a conditional use permit for the construction and maintenance of radio and television antennas and Supp0rtin;I towers, monopoles and accessory structures, the city council shall consider the advice and recommendations of the planning commission and de_~i.qn review board and the effect of the proposed use upon the health, safety, convenience and l:leneral welfare of residents of surrounding areas, the effect on Dro;)erty values, and the effect of the proposed use on the comprehensive plan. The applicant shall provide at the time of application, sufficient information to show that c~_.nstruction, installation, and maintenance of the antenna or tower will not create a safety he_~_~rd or damal:le to the property of other ~)ersons. c~ Conditional use permits will not be required for:. J.!.). Antennas and towers used by the city for city purposes. (2~ Repair or replacement or adjustment of the elements of an antenna array affixed to a tower or antenna, if the re_placement does not reduce the safety factor. Antennas mounted on water towers, sides or roof of existing' structures and existinc~ power or telephone poles. d. The fee to be paid for the c~_nditional use permit shall be established by resolution. 5 Section 36-606. Cellular Telephone Towers Proposed in Residential Districts. No person, firm or corporation shall erect a monopole in a residential zone without obtaininl:l ~ conditional use permit and subiect to the following conditions: The applicant shall demonstrate by providing a coveralqe/interference analysis and capacity analysis, that location of the tower as proposed is necessary to meet the frequency reuse and spacina needs of the cellular system, and to provide adequate portable cellular telephone Coverage and capacity to areas that cannot be adequately served by locating the antennas in a less restrictive district or on an existinl~ structure, tower or antenna. 2~ The antennas shall be located on an existing structure if possible, and shall not extend more than twenty-five (25) feet above the height of the structure to which they are attached. If no existing structure that meets the hei~lht requirements for the antennas is available for mounting the antennas, such as antennas may be mounted on a monopole not to exceed .seventy-five (75) feet in height. The monopole shall be located at least the height of the tower or monopole from the nearest residential structure, unless a qualified structural engineer specifies in writin.q that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances and a if lesser setback is agreed to by the city council. Transmittin.q, receiving and switching equipment shall be in an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching, it shall be located ten (10) feet from the side or rear lot line and shall be landscaped or Screened. Such a buildin!:i, landscaping and screening shall be reviewed by the community design review board. Section 36-607. Construction Requirements, Setback and Heil:lht Restrictions in Districts or Locations Other Than Residential. No part of any tower or antenna shall be constructed, located or maintained at any time, permanently or temporarily, in or upon any required setback area for the district in which the antenna or tower is to be located. b. All antennas, towers and accessory structures shall meet all applicable provisions of this code and this section. c_. Antennas and towers shall meet the following requirements: The antennas may be mounted on a single pole not to exceed one hundred seventy-five ¢175} feet in height. The pole shall be at least the height of the pole plus twenty-five (25) feet from any residential dwellin~l unit. Metal towers shall be constructed of, or treated with, corrosive resistant material. The use of guyed towers is prohibited. ~4~ Tower locations should provide the maximum amount of screening possible for off-site views of the facility. J.~ F,.xisting on-site vegetation shall be preserved to the maximum practicable extent. 6 he installation shall be desi ned to be corn atible with the underi 'n site lan. The base of the tower and an acc, esso structures shall be landsca ed. Accesso structure and · ui merit buildin s shall be desi ned to be architecturall corn atible with an rinci al structures on the site. The desi n of an acc, esso structures and · ui ment buildin s an ire land ca in shall be reviewed b the communit desi n Towers shall be a Ii ht blue or ra or other color shown to reduce vi ibili No dvertisin or identification visible off- ire h II be laced on the tower antenna or Antennas laced u on the tower shall · sub'ect to state and federal re ulations b t to nonionizin radiation and other health hazards lated to such facilities. If he federal ovemment ado ts new more strictive standard the antennas shall be made to corn I or o erations ma be restri ed b the ci council. The cost of verification of corn liance shall be aid b the owner or erator of the tower. Wireless ele hone antennas where located on an xistin structure shall not ext nd more than twen -five 25 feet above the structure to which the are attached. Such antennas are a rmitted use in all zonin districts of the ci . Towers with antennas shall be desi ned to withstand a uniform wind Ioadin as prescribed by the Minnesota State Buildin;I Code. Telecommunications · ui merit located on the side or an existin structure or on a roof of a structure shall not be screened... Section 36-608. Lights and Other Attachments. No antenna or tower shall have affixed or attached to it in an wa ex t dudn time of re air or installation an Ii hts reflectors flashe da -time strobes or stead ni ht time Ii ht or other illuminatin devices exce t as re uired b the Federal Aviation A en the Federal Communications Commission or the ci . Nor shall an tower have constructed thereon or attached thereto in an wa a.n laff rm catwalk crows'nest or like structure ex t dudn periods of construction or repmr. action 36-609. Removal of Ab ndoned or Dama ed T ers. An tower and/or antenna that i not sad for six 6 su ssive months shall be deemed bandoned and ma be re uired to be removed in the same manner and ursuant to the same rocedures as for dan erous or unsafe structures esta lishe b Minnesota Statutes Sections 463.15 throuoh 463.26. Section 36-610. Co-location of Personal Wirele s mmum tlon Service ul ment mented b the a licant to the satisfaction of the ci council that the tale mm nicati ns · ui ment lanned for the ro os d tower cannot be accomm ated on n existin or roved tower or commercial buildin within one-half mile radius transcendin munici al borders of the p~oposed tc~,'=r due to one or more of the f011owin~. 7 The planned equipment would ex.ed the structural capacity of the existin; or a=prov~, ~ t_ower or commercial buildinl~. - The lanned e ui ment would cause interference with other existin or lanned e ui ment at the tower or buildin . istin or a roved towers and commercial buildin s within one-half mile radius nnot ccommodat the lanned · ui ment at a hei ht necessa to mas nable function. The a licant has demonstrated b rovidin a ci -wide covera e/interference anal sis and aci nal sis that location of the antennas as ro osed is neces a t meet he uen reuse and s acin needs of the cellular s stem and to rovide ada uate ortable cellular tale hone covera · and ca aci to areas that cannot be ada uatel serv d b Iocatin th antennas in a less restrictive district or on existin structure. Section 36-611. 'Interference with Public Safety Telecommunications. No new or existin telecommunications service shall interfere with ublic safe telecommunications. All a lications for new service shall be accom anied b an intermodulation stud that rovides a technical evaluation of existin and ro osed transmissions and indicates all otential interference roblems. Before the introduction of new service or chan es in existin serv~ion roviders shall notify the citv at least ten ~10~ calendar da"s before such chant:les and allow the city to monitor interference levels dudn~ the testina process. Section 36-612. Additional Submittal Requirements. Additional Submittal Re uirements. In addition to the information re uired elsewhere in this ode develo menta lications for towers shall include the followin su lemental information: a. ~. report from a qualified and licensed professional en~iineer that: 1. scribes the tower hei ht and desi n includin a ss ection and elevation. 2. _Documents the heil:iht above Qrade for all potential mountin¢~ positions for co-locate~l antennas and the minimum separation distances between antennas. 3. _Describes the tower's capacity, inciudint:l the number and type of antenn~, that it ca,~ e~,n'imodate. --- 4. Documents what steps the applicant will take to avoid interference with eStablishe. I public safety telecon~i~unicatlons. 5. Includes an enl~ineer'$ stamp and reQistration number. 6~ nudes all other inf~ rm tion necessa for the ci to evaluate the re uest. .For all commercial wireless telecommunication ~ervice towers, a letter of intent cor~rnittinh '"- tower owner and his or her -~,,ccessors ~';'~' ' =- to allow the shared use of the tower if an .additional user a,qraes in writin~ to meet re-_$onable terms and conditions for shared use. ~ ~he issuan~ce ~ ~ follo~n su le ~ Proof mental inf~ · ~ A' re~~"~~~ati°nSort f-from a ua/' a~ministered b Fedem towe_r' s . riled and · I ~ed nrofessi . ne afore · anal en ineer that demonstrates th Section 3. This ordi * neWSPaper Publishe~n. ce shall take effect after the city COuncil approves/t and the officiaI The Maplewood City COuncil approved this ordinance on ~1996. 9