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06-24-1997CITY Of R10HRELD ftnmin6 commission FianDA June 24, 1997 7:00 p.m. Planning Commission meeting of May 27, 1997. ITEM #1 97 -CUP -8 6244 Cedar Avenue - U.S. West Wireless - Conditional use permit to construct a 90 foot telecommunication tower. ITEM #2 Discussion of Bike Way Network - 76th Street Plan presented by Tom Foley, Transportation Engineer continued). School Board Community Services Advisory Commission HRA City Council INN: Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's - Director at 861- 9702." Planning Commission Minutes Regular Meeting May 27, 1997 0 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, David Gepner, Roger Gordon, Mitchell Hadley, Kevin Hansen and Bill Kilian. MEMBERS ABSENT: COUNCIL LIAISON Pamela Dmytrenko Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Brian S. Mehl, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. APPROVAL OF MINUTES M/Hadley, S/Hansen to approve the minutes of the regular Planning Commission meeting of April 22, 1997. Motion carried: 8 -0 M/Bjorklund, S /Gordon to approve the minutes of the regular Planning Commission meetiniz of May 13, 1997. Motion carried: 8 -0 PUBLIC HEARINGS CASE 97- CUP -5, 7600 Emerson Avenue South ITEM #1 Richfield Housing and Redevelopment Authority Conditional Use Permit to allow three unit townhome development at 7600 Emerson Avenue South May 27, 1997 Page 2 Zoning Administrator Urban reviewed the staff report, stating that 7600 Emerson Avenue, a remnant parcel of land from the 77th Street Project, is currently zoned R (single family residential). She further stated that Rockport Homes proposes to construct three townhome units on the parcel. Townhome units meet the definition of a cluster housing development which require a conditional use permit in R zoned districts. Ms. Urban responded to questions from Commissioners Kilian and Linnihan, stating that the parcel is 20,000 square feet in size and that the units would be marketed as owner - occupied in the $150,000 to $180,000 range. In response to a question from Commissioner Gepner, Ms. Urban further stated that in the past, other properties with zero lot lines required variances. Charles Hess, Rockport Homes, stated that construction would begin in either late July or early August and would be completed in late October or early November. He further added that the townhomes would be built when either one or two of the units had been sold. In response to a question from Commissioner Kilian, he stated that the southernmost unit would occupy 1,980 square feet, the middle unit would occupy 1,600 square feet, and the rambler (northernmost) unit would occupy 1,530 square feet of living space. Larry Wozniczka, 6744 Wentworth Avenue South, stated that he was concerned that the project would be financed using tax increment financing (TIF) funds. He further added that this property could be developed without the use of these funds. Staff was unable to confirm whether or not TIF is being used for this development, but pointed out that the use of TIF in this instance was not a land use issue. Staff promised to find out the answer at a later date for the Commissioners' information. M/Hadley, S /Bjorklund to close the public hearing. Motion carried: 8 -0 M/Bjorklund, S/Kilian to recommend approval of the conditional use permit with the stipulations detailed in the staff report. Motion carried: 8 -0 CASE 97- CUP -6, 7120 -28 Chicago Avenue South ITEM #2 Rabby Motilall, Galaxy Grocery and Video Conditional Use Permit to allow grocery and video store over 2,500 sq. ft. in a C -1 district Zoning Administrator Urban reviewed the staff report, stating that the applicant proposes to purchase the shopping center at 7120 -28 Chicago Avenue South to operate a grocery and video store in approximately half of the center. She further added that the store would occupy 3,500 sq. ft., which requires a conditional use permit in a C -1 district. May 27, 1997 Page 3 Responding to a question from Commissioner Kilian, Ms. Urban stated that the trash dumpster would be located on the north side of the building and that the Health Inspector had recommended that the trash dumpster be either enclosed or inside the building. Staff was requesting final approval of the enclosure plans. Rabby Motilall, Galaxy Grocery and Video, responded to a question from Commissioner Linnihan, stating that the concept of the store is for the grocery to occupy 60 percent of the store with the video area to occupy the remaining 40 percent. He further stated that the groceries in the store will be mostly American-style staples in addition to Eastern foods. In response to Commissioner Linnihan, Mr. Motilall stated that his current hours of operation are from 3:00 p.m. to 7:00 p.m., Monday through Friday, and 12:00 p.m. through 7:00 p.m., Saturday and Sunday. Commissioner Ahlstrom inquired as to the nature of the videos for rent. Mr. Motilall stated that the videos would primarily be Indian, but he would later add American movies if the demand was there. Mr. Motilall added that his current location occupies 1,500 square feet of space of which 900 square feet is for display of videos. In response to a question from Commissioner Gordon, he stated that he had been in business for 9 years. Ron Fossum, 7344 Oakland, expressed concern about crime in the neighborhood as well as concern about the nature of the videos that would be rented if the grocery store failed. After some discussion, Ms. Urban stated that no more than 20 percent of the floor space would be able to be used for adult- oriented videos. Sandy Heinsman, 7127 Chicago Avenue South, stated that she was concerned with traffic and lights, parking, noise and the safety of small children in the area. She further added that she felt that delivery trucks would operate during non - business hours. In response to a question from Commissioner Linnihan, Mr. Motilall stated that deliveries would only occur during business hours due to the fact that there would be no employees to receive the deliveries at any other time. Donna Bashusta, 7137 Chicago Avenue South, was concerned with the increased size of the store, traffic and noise, Commissioner Ahlstrom asked the applicant if he would be willing to agree to a stipulation that the store close at 7:00 p.m., to which Mr. Motilall agreed. M /Hadley, S /Gepner to close the public hearing. Motion carried: 8 -0 M/Bjorklund, S /Kilian to recommend approval of the conditional use permit with the stipulations detailed in the staff report and the following additional stipulations: May 27, 1997 Page 4 1. Hours of operations are to be no earlier than 10:00 a.m. and no later than 8:00 p.m., 2. No video drop box is allowed, and 3. Deliveries must be made during business hours. Motion carried: 8 -0 CASE 97- CUP -7, 1201 East 66th Street ITEM #3 Tom Christensen, Exhaust Pros Conditional Use Permit to allow use of property as auto repair service Zoning Administrator Urban reviewed the staff report, stating that the applicant proposes to operate an automotive repair business, Exhaust Pros, on the property at 1201 East 66th Street. She further stated that the proposed use of the site is more intensive than the previous auto detailing use. Therefore, a conditional use permit is required. Ms. Urban added that there had been several problems getting site work done on the property in the past. Responding to a question from Commissioner Kilian, Ms. Urban stated that inoperable vehicles would not be allowed to be stored on the site. The applicant, Tom Christensen, stated that he had already purchased paint, had cut the weeds and would regrade and resod the boulevard, and had cut down brush behind the building. He further responded to a question from Commissioner Linnihan, stating that he would be doing about 95 percent exhaust work at the location. Delores Armstrong, 6620 12th Avenue South, stated that she was concerned with the hours of operation. She further added that she feels that the existing building should be torn down. Janet Holman, 6524 12th Avenue South, expressed concern with the neon lights that are in the front windows of the building. Mr. Christensen stated that the hours of operation would be from 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 2:00 p.m., Saturday and Sunday. He further stated that any neon lights would be turned off when the business closed each day. M/Hansen, S /$jorklund to close the public hearing. Motion carried: 8 -0 M/Hansen, S /Kilian to recommend approval of the conditional use permit with the stipulations detailed in the staff report and the following additional stipulations: 1. Hours of operation are limited to no earlier than 8:00 a.m. and no later than 6:00 p.m., 2. No neon lights will be in operation outside of operable hours, and May 27, 1997 Page 5 3. No overnight storage of vehicles outside of the parking bays. Motion carried: 8 -0 NEW BUSINESS PC LETTER #15 ITEM #4 Finding of Consistency with Comprehensive Plan - 609 East 66th Street /6600 Oakland Avenue South Zoning Administrator Urban reviewed the staff report outlining the history of the property and stated that staff recommended action finding that the acquisition/disposition and use of 609 East 66th Street as a single family residential is consistent with the comprehensive plan. She further stated that the address is zoned C -2. Responding to a question from Commissioner Kilian, Ms. Urban stated that the plan is to tear down the commercial building and remodel the single family residence into one unit. M/Gepner, S /Gordon to approve a resolution finding that the acquisition and disposition of 609 East 66th Street is consistent with the Richfield Comprehensive Plan. Motion carried: 8 -0 ITEM #5 Report to the Planning Commission on the status of the proposed north /south runway at MSP Airport Community Development Manager John Melin stated that the City has conducted a study into the ground -level noise effects of the proposed north/south runway at the Minneapolis /St. Paul Airport which contradicts the study conducted by MAC. Don Brauer, the Brauer Group, stated that low frequency noise will be the major problem for residents along Cedar Avenue if the new runway is built. He further added that the study conducted by MAC used mathematical scale to determine the impact of the runway on the neighborhood while Richfield got the results by measuring conditions along the existing runways. Mr. Brauer explained that at this point, he just wanted to bring the Commission up to date on what is happening. The Commission may be asked to make changes to the Comprehensive Plan based on the results of the mitigation plan study. May 27, 1997 Page 6 LIAISON REPORTS School Board: No report. Community Services Advisory Commission: Commissioner Hansen stated that the commission was taking a tour of indoor recreational facilities located in other cities. HRA: No report. City Council: No meeting. ADJOURNMENT The meeting was adjourned by unanimous consent at 10:03 p.m. Mitchell Hadley Planning Commission Secretary h: \cdadm in \p &z \pc -m ins \052797 mn.doc] Planning Commission Letter June 24, 1997 Agenda Section: Public Hearing Item #: 1 Case #: 97 -CUP -8 GENERAL INFORMATION Type of Request: Conditional use permit to allow construction of a 90 -foot telecommunications tower Applicant /Owner: U.S. West Wireless Communications Location: 6244 Cedar Avenue Zoning: C -2 (general commercial) Existing Land Use: Commercial Proposed Land Use: Commercial Comp. Plan: Mixed land use - District B References: (see attached Citations section for excerpts) Zoning Code: 526.27, subd. 28 City Code: 426 Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property.owners and occupants within 350 feet of the subject property. Hearing Examiner: City Council: Planning Commission action would set a City Council public hearing date of July 14, 1997. ANALYSIS Proposal: U.S. West is proposing to construct a 90 -foot steel monopole tower on their property located at 6244 Cedar Avenue. The tower would be located in the parking lot near the northwest corner of the building. An equipment pad would be located at the base of the pole. The tower would be a blue -gray color. The tower will be built to accommodate a second user, assuming that the available elevation would meet a second user's needs. History: U.S. West submitted an application for this tower in February of 1997. Staff requested that U.S. West explore colocating on the Sprint telecommunication tower that is located within 1/2 mile of the proposed tower location. The Sprint tower is located on property owned by the Metropolitan Airports Commission at approximately 61 st Street and 16th Avenue in the City of Minneapolis. Although the City of Richfield leases this land for Taft Park, the City had no jurisdication over the construction of the Sprint tower. U.S. West received a letter from Sprint stating that the available space on the tower is already leased and that the tower is not structurally capable of accommodating a third user. U.S. West hosted an information open house for area property owners and occupants on Monday, June 9, 1997. One property owner attended the open house. Issues: Construction of the tower in the proposed location would eliminate three parking spaces. There are 78 parking spaces provided on the property for the 11,600 square foot building. City parking standards would require 47 parking spaces for an office use (part of the facility is currently a warehouse, which would require fewer parking spaces). The loss of the three parking spaces would not negatively impact the use of the property. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a conditional use permit to allow construction of a 90 -foot telecommunications tower at 6244 Cedar Avenue with the following stipulations: 1. That, if an additional user locates on the tower, the plans for the location and appearance of the equipment be submitted to and approved by the Community Development Director. 2. That the handicapped parking space be relocated if impacted by the construction of the tower. That a conditional use permit resolution be recorded with the County, pursuant to Minnesota Statutes Section 462.36, Subdivision 1. Basis: 1. The proposed tower meets the setback requirement from a residential district of one - and -one -half times the height of the tower. The proposed tower location is approximately 450 feet from the nearest residential property. 2. The proposed tower would be neutral in color. 3. The proposed loss of three parking spaces would have minimal impact on the provision of parking. 4. Tower will be designed to structurally accommodate at least one additional user. 5. An existing tower is located within one -half mile of the proposed location; however, the tower owner informed the applicant that they had already leased the available space. The tower is not designed to accommodate three users. Alternative: Recommend that the City Council deny the request for a conditional use permit at 6244 Cedar Avenue with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. ZONING CODE: CITATIONS SECTION 526 - ZONING: COMMERCIAL DISTRICTS 526.27. Conditional Uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C- 2 District and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 28. CWTS towers and related features, provided that they conform to Section 426 of the City Code. SECTION 546 - ZONING: ADMINISTRATION 546.05. Conditional use permits. Subdivision 1. Permit required. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an adjustment or appeal, or for any use prohibited in the Zoning district for which the permit is sought. Subd. 3. Application. Application for a conditional use permit shall be made to the Director on forms provided by the City. Subd. 4. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 5. Public hearing. After receipt of the recommendation of the Planning Commission, a date shall be set for a public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of properties located wholly or partially within 350 feet. The Council shall make the final determination on the application, and in doing so shall make findings regarding its review. The Council 'may impose conditions and require guarantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall make a decision within 60 days of submission of a completed application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the conditional use permit shall. be deemed to have been approved. Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards specified in Section 541 of this code; d) the proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; e) the use will not have undue adverse impacts on the public health, safety, or welfare; and f) there is a public need for such use at the proposed location; and g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. Subd. 7. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional use permit shall be filed by the applicant with the Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal description of the property. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council extends the expiration date for an additional period not to exceed one year. Subd. 9. Tenn of CUP. A conditional use permit shall remain in effect for so long as the conditions regulating it are observed, unless specifically stated otherwise. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Subd. 10. Amendment to CUP. Holders of a conditional use permit may propose amendments to the permit by following the procedure set in this subsection for issuance of a new permit. Significant changes in the circumstances or scope of the use shall require approval of the Council. Such changes may include, but are not limited to, hours of operation, increase in number of employees, expansion of structure or premises, or major operational modifications, as determined by the Director. The Planning Commission may recommend, and the Council may impose, additional or modified conditions as a result of the amendment. Subd. 1.1. Fee. The fee for a conditional use permit or amendment thereto is set by Appendix D of the Citv Code. Subd. 12. Revocation of CUP. The Council may review conditional use permits periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any ordinance of the City. The procedure for revocation set out in Subd. 13 of this Subsection shall be followed. If it is discovered after approval of the conditional use permit that the City's decision was based at least in part on fraudulent information, the Council may revoke the permit, modify the conditions, or impose.additional conditions. Subd. 13. Procedure for revocation. The procedure for revocation of a conditional use permit shall be as follows: a) Complaint. The Director shall review any complaints received by the City or any other party involving property which is subject to a conditional use permit, and shall determine whether, in the Director's judgment a violation of the terms or conditions of am, conditional use permit appears to have occurred. b) Notice of apparent violation. If the Director determines that an apparent violation of such terms and conditions exists, the Director shall cause a notice of violation to be mailed to the owner of the property or owner's agent and to any other person known to the City to be conducting the use for which the conditional use permit was granted. The notice shall: i) be in writing; ii) state the violation or violations found to apparently exist and state the remedial actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit; iii) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations stated in the notice; and iv) inform the recipient that if the stated violations are not remedied within the stated time period, the Director will request the Council to consider revocation of the conditional use permit. c) Failure to comply. When notice has been given in accordance with "item b)" above and the recipient has failed to correct the violations stated in the notice within the time allowed, the Director shall refer the matter to the City Manager with a recommendation that a hearing be held by the Council to consider the revocation of the conditional use permit. A copy of the Director's recommendation shall be mailed to the same persons who previously were mailed the notice of violation. d) Scheduling of hearing. If the City Manager concurs in the recommendation of the Director, the City Manager shall schedule a hearing before the Council to consider revocation of the conditional use permit. The date of the hearing shall be as soon as is reasonably convenient. e) Notice of hearing. Upon the scheduling of the hearing, the Director shall furnish mailed notice of such to the same persons who were mailed notice of the violation. The notice shall: i) state the time, date and location of the hearing; ii) describe all violations which will form the basis of the Director's recommendation to the Council; iii) describe the recommendation which the Director intends to make to the Council with respect to revocation; and iv) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel during the hearing, and to present testimony and evidence. f) Public notice. The Director shall also provide a mailed notice containing the information described in subparagraphs (i), (ii), and (iii) of "paragraph e" above to all other persons who would have been entitled to notice had the hearing been to consider the granting of the conditional use permit. g) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the Council shall render its written decision. The decision shall state the terms and conditions of the conditional use permit found to have been violated; and shall state the determination of the Council with regard to revocation of the conditional use permit. The Council may, in lieu of revocation, permit the conditional use permit to continue subject to such further or additional terms and conditions as in its judgment are necessary to insure compliance with the conditional use permit. The Council's written findings and detennination shall be mailed to the persons who were mailed the Director's notice of violation. If a conditional use permit is revoked, all uses and activities which are permitted only by such conditional use permit shall immediately cease. In addition, all other licenses and permits issued by the City which require, as a condition of their issuance, the existence of the conditional use permit, shall be subject to termination in the manner set forth in the City Code or other applicable law. Subd. 14. Other remedies for violation of CUP. In addition to the procedure set forth in Subd. 13 above, the City may exercise, with or separately from such procedure, all and any other remedies and actions available to the City including, but not limited to those contained in Sections 115 and 320 of the City Code. Richfield City Code Section 426 - 1ic commei ervices an Added, BJ 426.01 (Rev. 1996) cial wireless telecommunication and towe 1996 -21) 426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide for the safe installation and usage of public commercial wireless telecommunication services (CWTS) towers and antennas. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well designed and efficient telecommunications systems. The provisions are intended to minimize the adverse visual effects of towers through careful design and siting standards, to avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements, and to maximize the use of existing towers and buildings to accommodate antennas and reduce the number of towers needed to serve the community. 426.03. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Commercial wireless telecommunication services" means any licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. Subd. 3. "CWTS antenna" means any structure or device which transmits and receives electromagnetic waves, including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, and omni - directional antennas. Subd. 4. "CWTS tower" means any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces. and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of provide CWTS to the public. 426.05. Location. Subdivision 1. The requirements in this subsection apply to CWTS towers and antennas erected, constructed, placed, re- erected or replaced in the city. Subd. 2. CWTS towers and related equipment shall be allowed in the following zoning districts with a conditional use permit: a) C -2, C -3, MR -3 and I districts; b) R district on church, park, government, school, utility and institutional sites; and c) Planned unit development districts as approved in the final development plan. Subd. 3. CWTS towers and related equipment in the C -2, C -3, MR -3 and I districts shall be allowed in the rear yard and in an interior side yard provided that the side yard property line abuts another commercially or industrially zoned property. Subd. 4. CWTS towers and related equipment in the R district, as conditionally permitted in Subd..2(b) shall be allowed only in the rear yards. Richfield City Code 426.05, Subd. 5 Rev. 1996) Subd. 5. CWTS antennas shall be allowed as an accessory use in the following zoning districts: a) MR -3. C -1, C -2, C -3 and I districts; b) R district on church, park, government, school, utility and institutional sites; and c) Planned unit development districts with administrative approval by the community development director. 426.07. CWTS tower performance standards. Subdivision 1. These performance standards apply to any CWTS tower that is erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Minimum setback requirements: a) Towers in the C -2, C -3, MR -3 and I districts shall meet the setback requirements for an accessory structure for the underlying district. b) Towers in the R district shall meet the setback requirements for a non - residential accessory structure for the underlying district. c) In addition to the setback requirements in Section 426.07, Subd. 2(a) and (b), towers in the C -2, C -3, I and R districts shall have a separation from properties devoted to residential uses equal to 1.5 times the height of the tower. Measurements shall be taken from the tower to the nearest lot line. d) In addition to the setback requirements in section 426.07, subdivision 2(a), towers in the MR -3 district shall have a separation from adjacent properties devoted to residential uses, measured to the property line, equal to 1.5 times the height of the tower. Further, the tower shall have a separation from any multi - family residential structure that exists on the property in the MR -3 district on which the tower is located equal to 1.5 times the height of the tower. e) The city council, at its discretion, may reduce the.required setback or separation to allow the integration of a tower into an existing or proposed structure or feature such as a church steeple, light standard, power line support device, sports stadium or similar structure or feature. Subd. 3. Height. The maximum height of a tower, including all antennas and other attachments, shall not exceed 150 feet. Subd. 4. Signage. No signage is permitted on a tower except a0pticable warning and equipment information signage required by the manufacturer or by federal. state or local authorities. Subd. 5. Lighting. Towers and related antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the towers. light fixtures used to illuminate ball.fields. parking lots, or similar areas may be attached to the tower. Subd. 6. Design requirements. Proposed or modified towers shall meet the following design requirements: Richfield City Code 426.07, Subd. 7 Rev. 1996) a) Towers shall be of a neutral color and designed to minimize visibility and blend into the surrounding environment except in cases where color is dictated by the Federal Aviation Administration or other federal or state authority. b) Towers shall be of a monopole design unless the city council, at its discretion, approves an alternative design. Subd. 7. Co- location. All towers shall comply with the following requirements: a) If a tower exceeds 75 feet in height, the tower shall be designed to structurally accommodate the owner's antennas and at least one additional user unless the additional height required for an additional user is prohibited by the Federal Aviation Administration. The conditional use permit application should include technical information demonstrating that the tower can accommodate a second user. b) Shared use of existing towers or structures shall be preferred to the construction of a new tower. A proposal for a new telecommunications tower shall not be approved unless the city council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or on a building over 75 feet in height within a one -half mile search radius. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing tower or structure due to one or more of the following reasons: i) the unwillingness of the owner of the existing structure or tower to co- locate an addtional antenna; - ii) the planned antenna would exceed the structural capacity of existing and approved towers and facilities; iii) the planned antenna would cause radio frequency interference with other existing or planned equipment, which cannot reasonably be prevented; iv) other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the equipment proposed on existing structures or towers; and /or v) other unforseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or building. 426.09. CWTS antenna performance standards. Subdivision 1. These performance standards apply all CWTS antennas that are erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Height. The maximum height of an antenna is 15 feet without a conditional use permit. Subd. 3. Signage. No advertising message shall be on the antenna structure. Richfield City Code 426.09, Subd. 4 Rev. 1996) Subd. 4. Screening. Such structures shall be screened from adjacent residential uses and street rights -of -way. Screening shall include materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the community development director. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 426.11. Accessory buildings and equipment. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. 426.13. Abandonment. All obsolete or unused towers and related antennas and equipment shall be removed within 12 months of the cessation of operations, unless a time extension is approved by the city council. If a time extension is not approved and the tower is not removed within 12 months, the tower may be deemed a nuisance pursuant to Section 925 of the city code. In the event a tower is determined to be a nuisance, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. 426.15. Interference. All new or existing telecommunications service shall comply with all relevant Federal Communication Commission standards and shall not interfere with public safety and other city telecommunications. At the discretion of the director of public safety, the. owner of a telecommunications service may be required to submit an inter - modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. 426.17. Health - related standards. Antennas placed upon a tower shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the city council. 426.19. Support of public warning systems. Telecommunications operators that utilize towers that are erected after the effective date of this ordinance shall participate in the Emergency Alert System (EAS), as defined by FCC rules and regulations, Part 11, by broadcasting warnings of severe weather and other life threatening emergencies to users of personal communications equipment served by the tower. Telecommunications operators may be exempt from the requirements of this subdivision under the following circumstances: a) The telecommunications operator demonstrates that participation in EAS is not technologically feasible: b) The telecommunications operator is unable to acquire any FCC waivers or exemption from licensing or other regulations that would prohibit participation in EAS; or c) The state or regional EAS planning committees determine that participation in EAS by the telecommunications operator is not necessary. Richfield City Code 426.21 (Rev. 1996) 426.21. Permits. Subdivision 1. Required. Except as provided in subdivision 3. no person may erect, construct, place, re- erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re- erection, reconstruction or replacement of an antenna or tower will not create a safety hazard or damage to the property of other persons. Subd. 3. Certification. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building'Code and the Electronics Industry Association. Subd. 4. Exceptions. Permits are not required for the adjustment, repair or replacement of elements of the antenna or tower, provided such adjustment, repair or replacement does not reduce the safety factor. 426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Towers shall be constructed of, or treated with, corrosive resistant material. Subd. 3. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 4. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, any catwalk, crow's nest or like structure, except during periods of construction or repair. 462.25. Non - conforming installations. Subdivision 1. General rule. Antenna and towers in existence on November 1, 1996 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non - conforming tower or antenna is damaged or destroyed the tower or antenna may be repaired and restored to its former use, location and phyiscal dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost of repairing the tower to its former use, size or location does not exceed 50x of the cost of a new tower of like kind or quality. 426.27. Variances. The council may grant variances to the literal provisions of this section, except for Section 426.05, in the same manner and subject to the same requirments that apply to variances granted under Section 546 of the zoning code. USWEST Communications Richfield Site -MIN 115 Monopole Height = 90ft Building Height = Approx. 17ft y a r a ` IKI Richfield Site -MIN 115 Monopole Height = 90ft Building Height = Approx. 17ft A, . mm .o Ai A 0 NoudnB'13 I-unOS PROPOSED TOWER LOCATION BARRIER CURB r OWNER AND ADDRESS: LEGAL: DESCRIPTION: USE: COUNCIL ACTION: NO. PARKING SPACES: 417.7' C .; - '/ 243' 7+ 63 rd STREET _ OFF - STREET PARKING NO. 71 -7 Mr. Bud Teien, 814 Fulton Street S. E., Minneapolis, Minnesota See attached legal description for 6244 Cedar Avenue Public Utility Test Center and Garage June 28, 1971 84 M. S. 4 /) * I'r, w Cy Y W z F—W w W125 ZC9 it s zoo CL 0 417.7' C .; - '/ 243' 7+ 63 rd STREET _ OFF - STREET PARKING NO. 71 -7 Mr. Bud Teien, 814 Fulton Street S. E., Minneapolis, Minnesota See attached legal description for 6244 Cedar Avenue Public Utility Test Center and Garage June 28, 1971 84 M. S. 4 /) * I'r, I I I I I 1 PROPERTY UNE COOsTo,c PNEWIG— ) I 1 I 1 1 I 1 1 I I I I I 1 1 1 1 I 1 I I 1 I I 1 I PROPOSED WNW= i z W R' d g 1 BRICK BUILDING I NO. 6244 IW PROPERTY UNE I I I I w SfTE PLAN rtET W ZW Q Ix Q OW C) 1 -STORY BRICK BRICK BUILDING I NO. 6244 IW PROPERTY UNE I I I I w SfTE PLAN rtET W ZW Q Ix Q OW C) I S EMAL mAs a 5' -0' . 25'-e Y Y • PROPOSED WOMOPOLE AND EOLFOWENT TY-6' MGM BOLLAPM M. ENLARGED_PLAN SCALE FEET Planning Commission Letter June 24, 1997 Agenda Section: Old Business Item #: 2 Letter #: 16 GENERAL INFORMATION Type of Request: Discuss and comment on direction of the City's Capital Improvement Plan and relationship of the 76th Street downsizing project to the CIP ANALYSIS See attached memorandum from Tom Foley, Transportation Engineer, to the Planning Commission. ACTION TO BE TAKEN Recommendation: No formal action is being requested at this time. The Planning Commission is being asked to provide feedback on future Capital Improvement Programs. City of Richfield Memorandum DATE: June 18, 1997 TO: Planning Commission . j FROM: Thomas Foley, Transportation Engineers; / SUBJECT: 76th Street East of 1 -35W Study The City Council directed staff to review the financial demands of the proposed 76th Street East of 1 -35W downsizing project in the context of other competing demands for the City's Municipal State Aid Street funds. The following report addresses this issue. However, I have also attempted to share staff thoughts on the future direction for preparing the City's Capital Improvement Plan. The report only contains the transportation component of the Capital Improvement Plan as an example of what can be done in other functional areas. I have placed various capital projects in the year the project has been scheduled based on either the current adopted CIP or as proposed by staff. This was done to assess the demand for the City's Municipal State Aid (MSA) funds. If state or federal funds are obtained for some of the projects, the demand for City MSA funds will diminish.. You are encouraged to provide your comments on: the process staff is proposing to use; the list of candidate projects to be considered for developing future Capital Improvement Programs; other possible candidate projects not identified in the report; and, the affordability of the 76th Street Downsizing Project relative to other capital improvement needs. The draft report also will be shared with the Community Services Commission at its next meeting in August. TFF:ttf Com serv/engineer /cipsugg2] Draft Transportation Component of the Richfield Capital Improvement Plan Introduction This report describes the process the City of Richfield uses to arrive at decisions about maintaining and improving the City's investment in its transportation facilities The report documents the strategies used to enhance the City's goal to make it a great place to live, work and do business" by investing in the physical plant in support of that goal. Decisions on capital improvements are based on long range planning decisions, especially concerning land use, outlined in the City's recently updated Comprehensive Plan. This report differs from the Comprehensive Plan in that it addresses specific capital improvements needed to further the goals adopted in the Comprehensive Plan. The report is intended to be used at least annually in the preparation of the City's Capital Improvement Budget and Five Year Capital Improvement Program. Its purpose is to maximize the benefits of capital investments in furtherance of the long range planning goals contained in the Richfield Comprehensive Plan. Also, financing public improvements should taken into account future capital needs recognizing that funds for needed capital improvements are limited. The outline of the report is as follows: 1. Investment Needs Analysis 2. Setting Investment Priorities Preserve Manage Replace or Improve Expand 3. Financial Considerations Municipal State Aid Local Funds State or Federal Funds 4. Candidate Capital Needs Projects Previously Approved Projects New Proposals Other Proposals E 5. Project sheets(Not Available at this time) 6. Project maps - City and County MSA Routes Approved Projects New Proposals 7. MSA budget showing income and year end balances 8. Long range forecast (Not Done Yet) less than 100 words forecast changes in condition or in funding levels likely citizen participation process Section 1. Investment Needs Analysis A set of investment principles is presented that identifies factors to consider when evaluating individual capital improvement needs. Projects that meet all or most of these principals should be considered as candidates for funding under this plan. Cost Effectiveness Meets Multiple Objectives in the Comprehensive Plan Consistent Land Use Relationship Public Support Promotes Financial Stability of City Tax Base Completes Existing Project Enhances City's Attractiveness to Residents and Businesses Section 2. Setting Investment Priorities Once candidate projects have been identified, they are ranked by the City's Planning Commission according to the following criteria: Preserve existing facilities as a way of protecting the City's existing investment in its infrastructure. This approach avoids or postpones costly replacement of expensive capital assets. 3 Manage the existing facilities through enhancements and upgrades that either prolong the life of the facility, improve its usefulness or lower its operating costs. Replace or Improve existing facilities to maintain existing services. This approach is appropriate when essential facilities exhaust their useful life. Expand facilities that enhance the level of service or make the City increasingly attractive for residents and businesses. These facilities must be consistent with the City's Comprehensive Plan and.capitalize on other redevelopment opportunities. Section 3. Financial Considerations In the first year of this process financial analysis will consist of a comparison of current financial resources and current estimates of project costs for all candidate projects. In future years an analysis of life cycle costs for all capital needs will be gradually introduced that will assist the City in forecasting its financial burden to meet all anticipated capital needs as they come due. This process is already being applied in the City of Shoreview, Minnesota. Its greatest advantage is to reduce the peaks and valleys in city finance that occur as major public investments need to be replaced all in a short time. This is common for cities that grew rapidly in a short period of time as Richfield has experienced. Streets Financing Street improvements are financed generally in three different ways: Municipal State Aid Arterial and collector streets carry the heaviest traffic and receive state gas tax revenues known as Municipal State Aid (MSA) funds. The City currently has approximately a $3.0 million balance in its MSA account. Also, the City receives an additional $640,000 annually in this account to finance capital improvements to streets on the MSA street network. Similarly, Hennepin County owns certain heavily traveled roads in Richfield and the County also receives state gas tax revenue known as the County State Aid Highway (CSAH) program to upgrade its roads. See Attached map on Municipal State Aid System. Local Funds The remaining streets are low traffic volume, residential streets. Funding to maintain these streets comes from the City's general fund capital account which 4 is financed mostly by the City's property tax or special assessments. These residential streets were paved in the early 1970's and are nearing the end of their economic life of 30 years. Wear and tear on low traffic volume streets comes primarily from the harmful effects of weather. A pavement management system was initiated several years ago to closely monitor the condition of these streets in an attempt to prolong their useful life. If done correctly, pavement management will lower the cost of street maintenance and delay the time when these streets need to be totally reconstructed at a much higher cost to taxpayers. State or Federal Funds Occasionally a third type of financing becomes available. State and federal highway funds are obtained for major street projects having regional or statewide significance. An example of this is the 77th Street reconstruction project that attracted $32 million in state and federal highway funds to complete the work to date. Improvements proposed for 1 -35W offer Richfield an opportunity to correct deficiencies in the existing road network using state and federal highway funds. Section 4. Candidate Capital Needs Projects A brief description of candidate projects for possible inclusion in the Capital Improvement Program is given below. The projects are divided into three groups: projects previously approved but not completed; new proposals; and, candidate projects that are excluded for various reasons. Projects Previously Approved But Not Yet Completed The following projects have already been approved but are being built in stages or not yet completed. 1. Penn Avenue /76th Street- The City is responsible for a share of the remaining costs of widening the intersection of 76th Street and Penn Avenue. The project was completed in 1995. 2. Conoco /77th Street Right Turn Lane- A right turn lane was added to eastbound 77th Street at Lyndale Avenue and extended south to the 1-494 westbound entrance ramp. Work will be completed in 1997. 3. ICTM Signals- The final phase of a demonstration project to integrate traffic signals, ramp meters and motorist information signs. Work will be completed in the spring of 1998. 4. Washington Park Right of Way- A project to reimburse the City for the value of recreation equipment that was demolished to widen 77th Street. The work was done in 1994. 5 5. Lyndale Avenue Overlay- Resurfacing of Lyndale Avenue from 74th Street to Lake Shore Drive was done in 1997. 6. 65th Street West of Penn Overlay- A project to mill and overlay 65th Street west of Penn Avenue that will be done in 1997. 7. 76th Street West- A project to resurface 76th Street west of Sheridan Avenue and to install a traffic signal at Upton Avenue. Work will be done in 1997. 8. Meridian Crossings Intersection- A new intersection is needed to provide access to the main entrance to Meridian Crossings on 77th Street. The work will be done in 1997. 9. 12th Avenue /77th Street Signal- A revision to the traffic signal at 12th Avenue/77th Street to provide a left turn arrow for northbound traffic on 12th Avenue and left turn lanes on the north and south legs of the intersection. The work will be completed in June, 1997. 10. Wood Lake Dredging- A project begun in 1997 to create a storm water sedimentation pond for 77th Street runoff and to restore waterfowl habitat. The project will be completed in 1998. 11. 77th Street Clean Up- A raised median will be installed on Lyndale Avenue south of 77th Street in 1997 and other miscellaneous work will be done as needed in 1998. New Proposals 12. Move Signal to Nicollet Avenue /67th Street- A project to consolidate access between the Academy of the Holy Angels and St. Peter's Church and move pedestrian traffic signal to 67th Street and Nicollet Avenue. 13. New Signal at Portland Avenue /64th Street- A new traffic signal at Portland Avenue /64th Street to provide access to the new City maintenance facility proposed to be opened in late 1998. 14.12th Avenue Overlay- A project to mill and overlay 12th Avenue for its entire length. 15. Bloomington Avenue- A proposal to reconstruct the street from 66th Street to 76th Street and possibly widen it to retain parking on both sides. 6 16.76th Street East- A proposal to downsize 76th Street east of 1 -35W from four traffic lanes to two, and to add a bikeway, parking bays and landscaping. The project will cost $2,255,000 but can be built in stages. 17.76th Street Ped /Bike Bridge- A proposal to build a pedestrian /bikeway bridge over 1 -35W at 76th Street. A Preliminary cost estimate for the work is 500,000. 18. Traffic Calming- A project designed to slow or restrict through traffic in residential neighborhoods. If successful, this may become an on -going program. Limited use of MSA funds is available because most of the work will occur on residential streets, not on collectors or arterials. 19.70th Street Reconstruction- A proposal that will correct a failure in the subgrade on 70th Street between Elliot Avenue and 16th Avenue. 20. Second Left Turn Lane at 77th Street/Lyndale Avenue & Widen the Lyndale Avenue Bridge - A proposal to add a second left turn lane for northbound traffic on Lyndale Avenue at 77th Street. The project includes widening the Lyndale Avenue bridge over 1-494. The project will acquire right of way from businesses located on the east side of the 7600 block of Lyndale Avenue. The project will cost $3,000,000 and federal funding for the project will be sought. 21.77th Street Phase III- A proposal to connect 77th Street between 17th Avenue and 24th Avenue via an underpass of Trunk Highway 77. The project involves right of way acquisition. The project will cost $17,552,000 and will require federal funds. 22.66th Street At 35W Interchange- A proposal to widen 66th Street on both sides of 1 -35W to extend protected left turn lanes, sidewalks and adequate room for bicyclists. The project is estimated to cost $3,000,000. 23. Soo Line Railroad Crossings at 65th Street and 76th Street- A proposal to install a railroad crossing signal where the Soo Line Railroad tracks intersect 65th Street and 76th Street. 24.Opticom at Traffic Signals- A proposal to add emergency vehicle preemption at thirteen traffic signals not currently equipped in Richfield. Other Candidate Projects Certain candidate projects are excluded from being considered for the Capital Improvement Program for reasons given below. 7 24. Portland Avenue /66th. Street- A project to widen the intersection of 66th Street and Portland Avenue to add protected left turn lanes on all four legs of the intersection. The project involves right of way acquisition. A decision awaits completion of 1- 35W/62 Crosstown improvements or a redevelopment plan. 25. Soo Line Trail- A proposal to acquire the Soo Line Railroad tracks from south Minneapolis through Richfield to 94th Street in Bloomington. The land will be used for a pedestrian /bike trail. An appraisal will be prepared to estimate the cost of land acquisition. It is uncertain at this time if MSA funds will be eligible for this project. 26. Resurface Bituminous Streets- A citywide program to resurface all residential streets will be needed beyond the time frame of the Capital Improvement Program. co A d o d 59 O cn Y Gd q 0 0 ca o 0: Z H a oC/I E m w C-) v a w W Tr, CL 9 9 9 n n HAV HvaHO i 'HAV tiVQm nOC t C N0Z910[00IH J!.1 —lliLJL _l L l_JLJ r NQLONMO( o J JCCnI n C ° CC1C 0 0 rte, CCCu —I ° METwt ° IIl HAV CLNV LHOd ^ — !O 8AV aNYLIZOd aAv jxno0 x j i, - r r i • "= l ° 8AV Z TIOOLH ED aCED ® ° I •HAV ruaN7nvawaNSi n i °ED F: 7C Q i' OCC CC OC =dlj ° HAY wad a• a U 4 a 0 so U e am a iiiL *.ii ii iii ' - - . .iii t i ELM OEM i i_i_ JI iiii M a iii,® iiiii'"'iiiii I iINEW Milli MENION.00 SE Iriii iiii ii iiii ii iiii iiii iiii. iiiA a i iii i iii, Sheett (2) MSA BUDGET 1996 -2001 19- Jun-97 Page 1 SA FUND BALANCE- .. ; $3;000;000'; $1; 809, 900: - $'1;605;100: ($2.005;100)',: ($Z690,100): $2,050,100) ,'. : : 1 BEYOND TOTAL 1996 1997 1998 1999 2000 2001 2001 SOURCE PROJECT COST TO PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CANDIDATE PROJECTS OF FUNDS COST MSA FUND COST COST COST COST COST COST COST PREVIOUSLY'APPROVED'PROJECTS 1 PENN AV176TH (ROW) MSA 193,000 193,000 2 CONOCO RT LANE MSA 1,000,000 750,000 750,000 3 ICTM SIGNALS MSA 1,395,000 81,000 62,000 19,000 WASHINGTON PARK 4 ROW) M$A 186,000 186,000 186,000 LYNDALE OVERLAY - 74TH TO LAKE SHORE 5 BLVD. MSA 122,000 122,000 122,000 65TH ST WEST OF 6 PENN - OVERLAY MSA 50,000 50,000 50,000 7 76TH ST WEST MSA 450,000 450,000 450,000 MERIDIAN CROSSINGS 8INTERSECTION MSA 110,000 110,000 110,000 9 12TH777TH SIGNAL MSA 20,000 20,000 20,000 WOOD LAKE 10 DREDGING MSA 400.000 400,000 200,000 200,000 11 77TH ST. CLEAN UP IMSA 1 $200.0001 200,000 200,000 NEW PROPOSALS - a MOVE SIGNAL 12 @67THINICOLLET AV. MSA 130,000 130,000 130,000 NEW SIGNAL 13 @64THIPORTLAND AV. MSA 130,000 130,000 130,000 14 12TH AV. OVERLAY MSA 300,000 300,000 300,000 BLOOMINGTON AV. 66TH TO 76TH 15 RECONSTRUCTION MSA 665,000 665,000 F 665,000 16 76TH ST EAST MSA 2,255,000 2,255,000 55,000 400,000 200,000 400.0001 1,200,000 76TH ST PED /BIKE 17 BRIDGE MSA 500,000 500,000 500,000 18 TRAFFIC CALMING MSA 20,000 20,000 10,000 10,000 70TH ST 19 RECONSTRUCTION MSA 600,000 600,000 600,000 2LT LANE AT 77 /LYNDALE & WIDEN 20 BRIDGE MSA 2,835,000 1,785,000 1,785,000 PHASE III 77TH ST 21 ROW) MSA 17,552,000 270,100 270,100 66TH ST. @35W 22 RECONSTRUCTION MSA 3,000,000 750,000 750,000 SOO LINE RR CROSSINGS @76TH ST 23 8 65TH ST. MSA 240,000 240,000 175,000 175,000 OPTICOM ON TRAFFIC 24 SIGNALS MSA 240,000 240,000 240,000 OTHER:CANDIDATE PROJEC' CT 66TH ST/PORTLAND 25 RECONSTRUCTION MSA 3,000,000 1,000,000 1,000,000 26 SOO LINE TRAIL OTHER 0 0 3,000,000 RESURFACE 27 BITUMINOUS STREETS MSA 16,000,000 3,200,000 3,200,000 28 MSA 1291 IMSA TOTALS $51,400,000 $14,647,100 $867,000 $1,830.100 $4,055,000 $1,040,000 $1,325,000 $0 $1,440;000 v ANNUAL MSA FUNDS $640,000 $640,000 $640,000 $640,000 $640,000 w 3 ANNUALTOTALS $3,000,000 $1,809,900 ($1,605,100) ($2,005,100) ($2,690,100) ($2,050,100) ($3,490,100) Page 1