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2008.08.11 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY Monday, August 11, 2908 ':00 P.M. Crystal City Hall ® Council Chambers 4141 Douglas ®r N A. CALL TO ORDER B. APPROVAL OF MINUTES July 14, 2008 regular meeting* C. PUBLIC HEARINGS 1. Consider Application 2008-05 for a Conditional Use Permit to allow outdoor seating and food service in a sidewalk easement adjacent to 6408 56th Ave N (Crystal Bistro).* 2. Consider Application 2008-08 for Rezoning the property at 5430 Douglas Drive to 1-1, Light Industrial and a Conditional Use Permit to allow for outdoor storage.* 3. Consider Application 2008-09 to amend City Code Section 515.21 and Sections 515.33 through 515.53 to allow certain types of telecommunications towers in all zoning districts subject to limitations on height, location, adjacent uses and other factors.* D. OLD BUSINESS 1. Discuss Comprehensive Plan Update** E. NEW BUSINESS F. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items* 2. Staff preview of likely agenda items for September 8, 2008 meeting G. OPEN FORUM H. ADJOURNMENT *Items for which supporting material are included in the meeting packet **Items for which supporting material will be provided at the meeting Page 1 of 4 CRYSTAL PLANNING COMMISSION MEETING MINUTES July 14, 2008 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: Commissioner (Ward 1) X Commissioner (Ward 2) Vacant (Ward 4) Sears Whitenack [Chair] Commissioner (Ward 1) X Commissioner (Ward 3) Commissioner (Ward 4) Davis VonRueden [Vice Chair] Scheibe X Commissioner (Ward 2) X Commissioner (Ward 3) X Commissioner (At -Large) Nystrom Buck Strand Also present were Council Liaison Ed Lenoch and city staff member John Sutter, Jason Zimmermann and Corinne Elfelt. B. APPROVAL OF MINUTES * -- Moved by Commissioner Nystrom and seconded by Commissioner Buck to approve the minutes of the May 12, 2008 regular meeting. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2008-06 for text amendments to Sections 515.37 and 515.41 of the Zoning Code. Staff member, Jason Zimmermann, summarized the staff report recommending approval of the Application 2008-06 for text amendments to Section 515.37 and 515.41 of the Zoning Code. Commissioner Whitenack opened the Public Hearing. Hearing none the public Hearing was closed. Planning Commission discussion included a question from Commissioner Buck as to whether this was a re -write. Mr. Zimmermann indicated that it is the clean-up of cutting and pasting errors in two sections of the Zoning Code, and that the end product would be in line with the zoning changes made to these sections last fall. G:\PLANNING\PLANCOMM\2008\07.14\minutes.doc Page 2 of 4 Moved by Commissioner Nystrom and seconded by Commissioner Strand to recommend to the City Council to approve Application 2008-06 for text amendments to Sections 515.37 and 515.41 of the Zoning Code. This will be considered at the City Council Meeting scheduled for Monday, August 1, 2008. Motion carried. 2. Consider Application 2008-07 for a variance to allow an accessory building to be built closer to the street than the principal structure at 3733 Vera Cruz Avenue N (Bethany Russian Baptist Church). Staff member, Jason Zimmermann, presented the staff report as outlined. Commissioner Strand commented on the dumpster at the site being un -screened. Mr. Zimmermann indicated that along with the new shed the dumpster will be screened. The structure will be back behind the oaks to provide additional screening. Commissioner Whitenack asked how the planned structure fits into the minimum/maximum size allowed. Mr. Zimmermann indicated the submitted information includes a twenty foot by eight foot shed, and falls well under the maximum 1000 square feet they would be allowed for an accessory building. Commissioner Buck asked if the building will be permanently anchored and whether the exterior had to be lap siding. Mr. Zimmermann stated that building code would be followed for the construction of the structure. He also indicated that other residential - style exterior coverings would be allowed but not corrugated metal. Commissioner Whitenack opened the Public Hearing and the following were heard: Kent Lehnen felt that he spoke for much of the neighborhood. Their neighborhood is very quiet. Parking has been as issue as the church has grown. He stated that he thinks the shed will stand out, the church building is very traditional. The air conditioner unit that was installed is an eyesore. He is now wondering how the new shed will look and what effect the use of part of the lot for the shed will have on the already crowded parking. He stated that the church is busy on Tuesdays, Wednesdays, Thursdays and Sundays. On Sundays the church is busy from 9:45 - 3:00. He stated that there have been police reports made for littering and speeding with both Crystal and Robbinsdale Police. He stated that the neighborhood is in transition with many young children and safety is an issue. Charlie Johnson feels that the structure is necessary for lawn mowers and it would be better off behind the oaks. They have been good church neighbors, but parking is an issue. Mr. Zimmermann stated that he had received one call regarding the location of the shed as a result of the Public Hearing Notice. -� The Public Hearing was closed by Commissioner Whitenack. G:\PLANNING\PLANCOMM\2008\07.14\minutes.doc Page 3 of 4 Planning Commission discussion included a question from Commissioner Whitenack — about the oaks on the landscape island, could further landscape screening be added. Mr. Zimmermann stated that it could be added to the Commissions recommended conditions for the variance. Mr. Sutter addressed the parking concerns indicating staff will review the parking requirements as it relates to the sanctuary seating. Commissioner Whitenack said he would like to see more details of the exterior of the shed. Commissioner Buck asked if there was any other exterior storage or had there ever been on the site. Mr. Zimmermann stated that prior to the placement of the cargo container there had been no other accessory building. Kent Lehnen addressed the council by stating that previous churches to the site typically contracted out the maintenance so there was no need for mowers, gas cans, chemicals, etc. Now the parishioners do the work themselves. Commissioner Strand asked if the cargo container was the result of minor crime. Mr. Zimmermann indicated he was told there were some minor crime issues and that is the reason the cargo container was brought in, because of its strength. Commissioner VonRueden asked if they were proposing to build the shed around the cargo container and what was the size of the container. Mr. Zimmermann indicated that the container is 8'x8'x20' and their intention, at least initially, is to build the shed around the container. Mr. Sutter indicated that the Building Official will review the plans, once submitted, and will determine if Building Code will allow the container being inside the shed. The cargo container being inside the shed would not be a zoning concern. Hearing no further discussion from the Commission, Commissioner Whitenack closed the discussion and asked if anyone would like to make a motion. Moved by Commissioner Buck and seconded by Commissioner Nystom to recommend to the City Council to approve Application 2008-07 for a Variance to allow an accessory building to be built closer to the street than the principal structure at 3733 Vera Cruz Avenue N (Bethany Russian Baptist Church). Findings of Fact are as included in the staff report and the following recommended conditions by the Planning Commission: 1) Additional exterior siding details; 2) Additional landscaping at eye/ground level to screen the structure. Motion carried. D. OLD BUSINESS - No old business to discuss. E. NEW BUSINESS G:\PLANNfNG\PLANCOMM\2008\07.14\minutes.doc Page 4 of 4 1. Mr.Sutter handed out and discussed the Citizen Task Force's Final Report for the Comprehensive Plan Update. Mr. Sutter indicated that copies will be mailed to the missing Planning Commission members. The approximate timeline for the balance of the project is as follows: August — Planning Commission will discuss and hear comments on the latest version September — Planning Commission will have their Public Hearing October — Planning Commission will send their final draft to the City Council Oct/Nov — City Council will consider the Comprehensive Plan November — Comprehensive Plan to be sent to Metropolitan Council and five adjacent cities for a six month review period Mr. Sutter commented that the Comp. Plan is 90% complete. For example, there are some water/sewer comments yet to be included. F. GENERAL INFORMATION 1. Development Status Report for quarter ending June 30, 2008. 2. City Council actions on recent Planning Commission items. 3. Staff preview of likely agenda items for August 11, 2008 meeting. G. OPEN FORUM H. ADJOURMENT Moved by Commissioner Nystrom and seconded by Commissioner VonRueden to adjourn. The meeting adjourned at 8:00 p.m. Motion carried. G:\PLANNING\PLANCOMM\2008\07.14\minutes.doc Page 1 of 1 From: ftkdenny@aol.com Sent: Monday, August 11, 2008 9:31 AM To: John Sutter Subject: crystal Bistro Dear Planning Commission members: I am writing to you today because of the early arrival of my daughter. I am in the hospital and unable to make the meeting. Crystal Bistro is an excellent restaurant operation and I wish we had more hard working tenants like this that take care of their business so well. As a proponent of the city, of which we have moved our headquarters here, we would like to see it prosper and have the good business' prosper as well. With this in mind we encourage the planning commission to endorse the plan for outside service for Crystal Bistro. It will enhance their business and hopefully help them continue to do well into the future. Less turnover and a more stable business base in Crystal is in all of our best interests. Thanks you for your time and your consideration.. Sincerely, Denny Walsh FTK Properties 6000 Bass Lake Road #200 Crystal, MN 55429 612-414-5055 It's time to go back to school! Get the latest trends and gadgets that make the grade on AOL Shopping. file://C:\Documents and Settings\celfelt\Local Settings\Temporary Internet Files\Content.... 8/11/2008 M E MORAN DU M DATE: August 6, 2008 TO: Planning Commission (August 11th meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Consider Application 2008-05 for a Conditional Use Permit for outdoor food service at the Crystal Bistro, 6408 56th Avenue North. A. BACKGROUND The restaurant at 6408 56th Ave N is part of a strip -type commercial development abutting 56th Ave N. The property is zoned C-2 General Commercial. In 1986 as part of a sidewalk easement (Exhibit F), the City took approximately 20 feet of land from the curb of 56th Avenue North to the face of the building along the entire frontage of the building for the purpose of installing sidewalk and street landscaping improvements. The total cost associated with the easement acquisition was $306,700. The Object of the taking was to install streetscape improvements and a sidewalk area between the building and the street. The subject property owner maintains the underlying fee ownership in the land. Parking, freestanding signage and a building may not be put in the easement area. However, any other legal uses, according to the zoning, may be incorporated 01n1 +ho land ,rnaided that then rlnot OOnflirwith the.10 purpose of the easement. In this case, a conditional use permit is required to have open or outdoor service as an accessory use. Notice of the public hearing was mailed to property owners within 350 feet of the property and published in the Sun Post on July 31, 2008. At the August 11, 2008 meeting, the Planning Commission will hold the public hearing and may make a recommendation for the City Council to consider at its August 19, 2008 meeting. The following Exhibits are attached: A. Aerial photo showing the subject property. B. Oblique aerial photo showing the subject property. C. Narrative submitted by applicant. D. Site Plan. E. Schematic plan drawn by staff. F. Sidewalk easement. G. Court documents for condemnation. B. STAFF COMMENTS CONDITIONAL USE PERMIT - CRYSTAL BISTRO - 6408 56TH AVE N PAGE 1 OF 5 e . EASEMENT The primary question, which must be addressed first, is whether the north 4 feet of the easement continues to be necessary for use as a public sidewalk. In order to allow a private business to place tables and chairs in the existing easement area and/or grant them a conditional use permit to provide outdoor service, the City Council would have to make a finding that the easement is no longer needed for its stated purpose. This is essentially the same finding needed to formally vacate an easement or public right-of-way. Staff opinion is that it would be difficult to justify limiting such a finding to only the section of the easement abutting the Crystal Bistro tenant space. We believe that such a finding would potentially be applicable to the north 4 feet of the easements along the entire block of buildings. Such a finding would pave the way for the other businesses in that block of buildings to also seek CUPs for outdoor sales, for example, to set up a table to sell clothing or other merchandise. Again, for the applicant's requested CUP to be granted, the City Council would have to find that the north 4 feet of the easement is no longer needed for use as a public sidewalk. We are not sure what the basis would be to limit such a finding to only the easement in front of Crystal Bistro, or for limiting such CUPs only for the purpose of outdoor food and beverage service as opposed to other uses allowed in the C-2 zoning district. However, it may well be that the north 4 feet of the easements along the entire block are no longer needed for a public sidewalk. If that is the case, then staff believes the most clear and direct way to implement this determination would be to vacate the north 4 feet of the easements along the entire block. 2. CONDITIONAL. USE PERMIT Open or outdoor service is allowed in the C-2, General Commercial District as a conditional use. The specific requirements of the Zoning Ordinance are in italics below, staff comments follow each item: The service area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. STAFF COMMENTS: The service area is hard surfaced and the site plan shows the service area not extending beyond 4 feet from the face of the building. 2. The service area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2, 000 square feet. STAFF COMMENTS: The service area would consist of 144 square feet and does not exceed 30% of the gross floor area of the principal use, 20% of the area or the property, or 2,000 square feet. 3. The service area is fully screened from any R-1, R-2 or R-3 district. CONDITIONAL USE PERMIT - CRYSTAL BISTRO - 6408 56" AVE N PAGE 2 OF 5 STAFF COMMENTS: Not applicable. No such screening is necessary because adjacent uses are commercial and a city park 4. The items to be placed outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. STAFF COMMENTS: The items to be placed outside consist of tables and chairs that should be of plastic or metal construction that are appropriate for outdoor weather conditions. 5. The City Council finds that there will be adequate screening and buffering between the establishment and adjacent uses. STAFF COMMENTS: The service area is partially screened by existing planters and is not located adjacent to any residential uses. 6. The City Council determines that all applicable requirements of subsection 515.05 subdivision 3 a) and Section 520 are considered and satisfactorily met. 515.05 Subd. 3 a). In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: • The consistency of the proposed use with the comprehensive plan. STAFF COMMENTS: The comprehensive plan includes the property in the area designated for Community Commercial on the future land use map. Among other things, the area is intended to accommodate the full range of non -automotive retail trade and service establishments which serve the entire community or sub -region. The proposed use is consistent with objectives, pian and policies for commercial and mixed use areas (pages 43-46 of the comprehensive plan). • The characteristics of the subject property as they relate to the proposed use. STAFF COMMENTS: The subject property is a sidewalk easement acquired for a public purpose, and subsequently a sidewalk was constructed and has been maintained by the city for public use. The use of the subject property for a private business would be incompatible with the characteristics of the subject property as an easement acquired, improved and maintained by the city for public use. • The impact of the proposed use on the surrounding area. STAFF COMMENTS: The proposed use would impact the surrounding area by reducing the available width of the public sidewalk, which has been improved and maintained for that purpose by the city at considerable public expense. 520: Site Plan Review: STAFF COMMENTS: Not applicable. No site plan changes to the existing building are proposed at this time. C. RECOMMENDATION CONDITIONAL USE PERMIT - CRYSTAL BISTRO - 6408 56" AVE N PAGE 3 OF 5 There are two options for application 2008=05 for outdoor service and seating at Crystal Bistro, 6408 56th Avenue North: OPTION #1: Deny the application.. Suggested findings of fact: Conditional use permits can only be approved if, among other things, they comply with the three criteria of City Code Section 515.05 Subd. 3 a). The application is denied because the proposed use fails to meet two of those three criteria. The subject property is a sidewalk easement acquired for a public purpose, and subsequently a sidewalk was constructed and maintained by the city for public use. The use of the subject property for a private business would be incompatible with the characteristics of the subject property as an easement acquired, improved and maintained by the city for public use. The proposed use would impact the surrounding area by reducing the available width of the public sidewalk, which has been improved and maintained for that purpose by the city at considerable public expense. OPTION #2: Approve the application. Suggested findings of fact: a) The north 4 feet of the easement abutting Crystal Bistro at 6408 56th Avenue North, including the public sidewalk thereon, is no longer needed for public use. - b) Upon finding a) above, the requested Conditional Use Permit would comply with the requirements of Crystal City Code, provided that the following conditions are met: Conditions for approval: If alcohol is to be served, fencing at least 3 feet in height must be installed around the entire seating area. The fencing shall contain a gate for exiting purposes only. Entry to the seating area shall only be from within the restaurant. A separate door would need to be installed for entry to the outdoor seating area. Plans for fencing shall be submitted to the City for review and approval prior to installation. Installing another door for entry to the outdoor seating area would require a building permit prior to installation. 2. A Sewer Access Charge (SAC) determination request must be submitted to the Metropolitan Council. Based on Metropolitan Council Environmental Services regulations, a SAC fee may be required for the additional seats. 3. No food preparation or other food equipment may be placed outside. CONDITIONAL USE PERMIT - CRYSTAL BISTRO - 6408 56" AVE N PAGE 4 OF 5 4. Tobacco smoke may not interfere with non-smoking patrons at entrances and exits. 5. Tables and chairs must be easy to clean, resistant to weathering, and sufficiently weighted or otherwise secure to the ground. 6. A minimum 7' clear path for pedestrians must be maintained between the service area and the existing planters. 7. At least one refuse container must be provided in the seating area and must be emptied upon closing. The licensed establishment is responsible for litter and waste control. In addition, since approval of the CUP application by the City Council would be based, in part, on a finding that the north 4 feet of the easement is no longer needed for public use, the Council should direct staff to initiate the process to formally vacate the north 4 feet of the easements along the entire block of buildings. Planning Commission action is requested. Suggested findings of fact and conditions of approval should be referenced in the Planning Commission's motion. The City Council would consider the Planning Commission's recommendation at its next meeting on August 19, 2008. CONDITIONAL USE PERMIT - CRYSTAL BISTRO - 6408 56TH AVE N PAGE 5 OF 5 Hennepin County Property Map Print Page 1 of 1 HennepinCounty Property Map - Tax clear. 2008 - - The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this page should be used for reference purposes only. -: Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this Information or Its derivatives. 77j 4 6 -6 6 { 65 B T. 13,512 36 _`E�26 -.6422 _ — - -5 t� Sl?TH AVE N Z MEMO LJ 'j" f W � r t- W s _ Selected Parcel Data Parcel ID:05-118-21-41-0104 Owner Name: FTK PROPERTIES INC Parcel Address: 6408 56TH AVE N , CRYSTAL, MN 55428 Property Type: COMMERCIAL -PREF Homestead: NON -HOMESTEAD Date Printed: 8/5/2008 9:23:58 AM Current Parcel Date: 7/4/2008 ii i Sale Price: $750,000.00 a Sale Date: 04/2007 Area (scift): 8506 Sale Code: SALE INCLUDES MO { Area (acres): 0.20 j 11 A -T -B; TORRENS i Market Total: $470,000.00 Tax Total: $14,420.96 �P http://gis. co.hennepin.nm.us/HCPropertyMap/Locator.aspx?PID=0511821410104 EXHIBIT 08/05/2008 A Hennepin County Oblique Aerials Page 1 of 1 Hennepin rein#y Obligee Aerials Images courtesy of: Microsoft© Virtual EarthTM 2008 Flight Date: April 2006 EXHIBIT B http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0511821410104 08/05/2008 PRISM INC Fax:7634207425 Jul 25 2UU6 15:51 F.U1 July 23, 2008 City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Attn: Jason Zimmertxaam Re: Crystal Bistro Special Land Use Application Dear Mr. Zimmermann, Thank you for responding to my special laud use application. Along with the enclosed sketch, please find my plans for the out door dining area. I would like to have thee or four tables (with chairs) for my customers who would like to eat outside during the mice weather. Said tables would be places directly adjacent to the front exterior wall of the Crystal Bistro and all tables and chairs would remain within the four foot distance from the building. No other equipment, furniture, signs or obstructions would be present- As requested, this area would be for out door dining and no alcoholic beverages would be served there. I trust this is the information which you need to make a decision ou my special laid us application. If you need any additional information please do not hesitate to contact me. Yours truly, Hadi Mohaimuadzadah EXHIBIT C N O d O M Ln .--i 00 O O N M N h Ln N ct t� O N M lD X ro LL 1 0, Q z 0 z rn co MAP -m llllm&,illt .-Owwo. WOW- 0p611v%wow maw %xmmDp lamp i 11 , A F NT LOOT F®r The rITY moi•: CRYSTAL ; . _ • _ _ . Yid •.y` _ - . 1' 7. :ss:.L-� _ 2 ® .•� ! _ �f,•.` fir, _ `.T .'}c'y _ :S. -- ...5. t.•� - Ln -- _. x�•.. _ _ �S:x.- ".l i'`- - _ ;:.`_..t�'-T i`.Aj max... .5 ." . � sir. ��'''�`•. " .� � •Y �. 8, 921 S Fix / 0• Q39. 16g S 1Y Cor L o t 24 S "► ��, = r i Pa je 2of .. by cIyfi rw br ON*, as vi dr ' AwTracts 'vlr/oa, oa! t1# t ! axi Ra aP LrgYY� � 20 0 T drzd� lha fait of y•!a'e<i ra4.e5rgt�•lCsv • pcp��'•O .�'.erKTu� 'Fc &R,E".3 SCALE lid FEE @ �p� .. �g= _ i�a;1 �' .. � - tewmfTT RiM6RO5[. WOl6FEED. JARY,6. OARDKEIE. INC oat 4 r�i1(• - IJ�083� , !2-aaoz FIELD BOOKNFA PAGES � EXHIBIT G �0 rL 0 /66 C -A, 5 z 2a / y (, #16, 12-8402.5 05-118-21-41-0104 DESCRIPTION FOR SIDEWALK EASEMENT FRANK A. KENNETH PROPERTY That part of Lot 20, Block 5, Kensey Manor according to the recorded plat thereof, Hennepin County, Minnesota lying south of the following described. line: Beginning at a point on the west ling of said Lot 20 distant 21.15 feet north of the southwest corner thereof and ending on the east llne'":. of said Lot 20 distant 20.80 feet north of the southeast.corner thereof. Said parcel contains 1698.921 sq. ft. or 0.039 acres. I hereby certify that this description was prepared by me or under my direct supervisiol-i":- and that I am a duly registered Land under the laws of the State of Minnesota. Marvin G. Lovialn MN. REG. NO. 17259 Date (=1 Page 1 of 2 a 25 E . CITY AND NEIGHBORHOOD DESCRIPTION - AFTER THE TAKING Basically the City and neighborhood remain the same after the taking as before. The object of the taking isto install street- scape improvements in the front parking and sidewalk area of the subject property and adjacent properties along the north side of Bass Lake Road generally between Hampshire Avenue and Elmherst Avenue, and install public parking lots within the block. The actual installation of these improvements are not considered in this analysis. SITE DESCRIPTION - AFTER THE TAKING The fee owned land of the subject remains the same after the taking as before. A streetscape easement is taken from the south 2,627 square feet. The shape and location of this street- scape easement is shown on the Easement exhibit page in the Addenda of this report. Its legal description is also shown there. The purpose of the streetscape easement is for installation of sidewalk and street landscaping improvements that may include street lights, planters, benches, trees, shrubbrey and similar improvements in a coordinated fashion along the entire block long street frontage. The subject property owner maintains the underlying fee ownership in the land. Parking, freestanding signage and a building may not be put in the easement area. Any other legal uses, according to the zoning which remains unchanged, may be incorporated on the land. Utilities and subsoil conditions will remain the same as before. The site's access and identity remain essentially the same as before the taking. The highest and best use, after the taking, is estimated to be the same as before the taking, for assemblage with an adjacent parcel and use as a commercial store site or for parking. I; 3 IMPROVEMENTS DESCRIPTION -AFTER THE TAKING 26 In general terms the property building improvements remain the same after the taking as before. The bituminous paved parking and concrete sidewalk on the streetscape area will be taken and replaced by concrete type sidewalk replacements but no parking improvements. In effect there is a loss of 4 to 6 parking spaces. Before the taking as many as 11 or 12 automobiles could be parked on the parcel in an illegal fashion. It is estimated that 4 to 6 legal preexisting nonconforming parking spaces existed before the taking. After the taking no on-site parking will exist. 11 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - } City of Crystal, a Minnesota ) municipal corporation, } } Petitioner, } VS. ) Samuel J. Fischman, Sylvia ) Fischman, County of Hennepin, Top ) Value Auto Supply, Inc., Champion ) Auto Stores, Inc., KFC National ) Management Company, Bard and Bard, ) Ltd., Propper Properties, 10,000 ) Auto Parts, Athanasia Geanakopolos,) Sigfred Anderson & Sons, Inc., ) Andrew Atsidakos, Libby Atsidakos, ) Summit State Bank of Richfield, ) Ronald Heskin D/B/A Care Cleaners, ) Great Northern Guns, Terry Colvin ) D/B/A Colvin Insurance Agency, ) Redwing Shoe Store, Reino L. Perry,) Midwest Federal Savings and Loan ) Association of Minneapolis, Slavi ) Georgiev, Dennis Wells D/B/A ) Devaux Marketing, Inc., Jerry ) Schirmers D/B/A Becca-Rand Sales ) & Marketing, Martin Von Iderstein ) D/B/A Crystal -New Hope Chiroprac- tic Clinic, Barbra Kvasnik and } Barbra Masler D/B/A Barbra°s Con- ) signment, Ray Hawk D/B/A Eggies ) North, Frank A. Kenneth, Julia ) Kenneth, Mork -Campion, Inc., ) Chamberlain and Carlson Appliances,) Inc., Northside Appliance, Warren ) E. Kenneth, Sharon K. Carlson, ) Sharon K. Carlson D/B/A Vera } Slater Beauty School, Beeks Pizza, ) C. E. Campion & Associates, Inc., ) Reino L. Perry D/B/A Crystal Heat- ) ing and Sheet Metal Co., Del ) Marchant D/B/A Crystal Schwinn ) Cyclery, Tim Jacobs D/B/A Big Top ) Balloons, U. S. Air Force Recruit- ) ing Office, U. S. Navy Recruiting ) Office, David Gantner D/B/A North ) Star Driving School, Marcel ) Rehaume, Adventures In Video, ) John B. Hoffman, Rose Marie ) NOTICE OF FILING OF FINAL REPORT OF COMMISSIONERS CD -1950 Condemnation EXHIBIT F Hoffman, First National Bank of ) Minneapolis, ) Respondents. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR STREETSCAPE PURPOSES To the Respondents above-named and their attorneys: PLEASE TAKE NOTICE that the Final Report of Commissioners in the instant action was filed with the Clerk of District Court on Monday, December 15, 1986. The amounts of the awards and all of the terms and conditions thereof as the same pertain to you are set forth in the Final Report, a copy of which is attached hereto and made a part hereof as though fully set forth at this point. Dated: December 16, 1986. 2 LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ a Professional Association By — efz(14� .John/EDrawz (24326) Attorn i for Petitioner 2000 Ft Bank Place West 120 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 333-0543 OO11NF05.B13 STATE OF MINNESOTA first DISTRICT COURT COUNTY OF HENNEPIN - - l rOURTH JUDICIAL DISTRICT .._... o o v o e - e v o 0 0 o v - o-� = m m v v City of Crystal, a Minnesota;: Court -municipal corporation, s FINAL REPORT Petitioner, ) OF COMMISSIONERS v s e ) CD -1950 Samuel J. Fischman, et al,, ) Condemnation Respondents, ) } IN THE FATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNT' OF HENNEPIN, STATE OF MINNESOTA, FOR STREETSCAPE PURPOSES TO THE ABOVE-NAMED COURT The undersigned, Commissioners of appraisal appointed by the Court in the above -entitled condemnation action by its Order dated June 6; 1986, report as follows, Io Commissioners C. Blaine Harstad, James Ford, and James Martin met for the first time at 9°00 o'clock a.m. on the 27th day of June, 1986, in the office of the Clerk of District Court for the Fourth Judicial District, in the City of Minneapolis, County of Hennepin, State of Minnesota, and there took and filed their oaths as required by law. ME The Commissioners have, after due notice to all interested parties, viewed the premises that.are the subject of this action and held hearings as required. The time within which the Commissioners may file this Final Report was extended to January 30, 1987 by the Court's Order dated November 13, 19860 IV, The awards are conditioned upon the following. The perma- nent streetscape easement acquired by Petitioner shall not include the right in the Petitioner to remove, alter, or replace the building canopies or facades extant on July 18, 1986. The owners and their successors, heirs, administrators, executors, and assigns shall have the right to maintain, repair, recon- struct, and replace the present building canopies, and to con- struct canopies and other overhangs on the building that extend over the surface of the streetscape easement acquired herein, provided: (l) that such canopies and overhangs, if such there be, may extend over the streetscape easement area from the building face at a distance equal to the present canopy or that distance specified by the applicable zoning and sign ordinances, whichever is greater; (2) that such canopies, and overhangs, if such there be, may be no lower than the height of existing canopies or at a height specified by the applicable zoning and 2 sign ordinance, whichever is higher; (3) that such canopies and overhangs, if such there be, shall conform in all other respects to applicable zoning and sign ordinances and; (4) that the foregoing conditions are not intended in any way to change the owners rights, or the rights of their successors, heirs, admin- istrators, executors, and assigns to seek and obtain variances for canopy or overhang, as the said rights existed before the acquisition of the permanent easement. The acquisition of the easement shall not adversely affect the right of owners to apply for and obtain a variance as to ordinances which relate to signs or canopies. The awards are further conditioned upon the petitioner assuming responsibility for the maintenance of the streetscape, including but not limited to all major and minor streetscape y repairs and maintenance, ordinary upkeep of the sidewalks, stands, planters, fixtures, attach-ments, bike racks, and benches, and further including snow removal, debris removal, shrubbery, tree and foliage care of the streetscape, except that the owners, their successors, heirs, administrators, executors, and assigns, may be required to remove snow, and other debris from the north seven feet of the permanent easement area® V. The Commissioners have ascertained directly, or upon stipu- lations entered into by the respective parties, the amount of damages that will be sustained by the several respondents on 3 account of the taking involved herein and do hereby report the damages as follows: Parcel One (Amended): Description ofSubject Property: Loot 2, Block 1, Ken`s ist Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of the subject property lying southerly and easterly of the following described line: Commencing at the northwest corner of said Lot 2; thence South 00 degrees 09 minutes 28 seconds West, assumed basis for bearings, 193.45 feet along the west line of said Lot 2 to. the point of beginning of the line to be described; thence South 89 degrees 58 minutes 01 seconds East 38.38 feet to a point to be hereinafter referred to as Point "A"; thence continuing South 89 degrees 58 minutes 01 seconds East 6.10 feet; thence North 00 degrees 21 minutes 40 seconds East 7940 feet to a point to be hereinafter referred to as Point "B"; thence continuing North 00 degrees 21 minutes 40 seconds East 52.58 feet; thence South 89 degrees 38 minutes 20 seconds East 7095 feet; thence North 00 degrees 22 minutes 25 seconds East 55.60 feet; thence South 89 degrees 37 minutes 36 seconds East 2,14 feet to the east life of said Lot 2 and said line there terminating, Description of Temporary Easement: A temporary easement for construction purposes over, under, across, and through that part of the slbject property described as follows: Beginning at said Point "A", above-described; thence North 00 degrees 01 minutes 59 seconds East 4035 feet; thence North 59 degrees 29 minutes 03 seconds East 6,02 feet; thence South 89 degrees 38 minutes 20 seconds East 0,96 feet to said Point "B"; thence South 00 degrees 21 minutes 40 seconds West 7.40 feet; thence North 89 degrees 58 minutes 01 seconds West 6.10 feet to the point of beginnings The temporary easement shall expire on December 31, 1987. 5 Name Nature of Interest Award Samuel J. Fischman Svlvia Fischman a/k/a Sylvia F. Fischman County of Hennepin Top Value Auto Supply, Inc., a Minnesota corporation Champion Auto Stores, Inc. a Minnesota corporation County of Hennepin KFC National Management Company, a Delaware corporation Bard & Bard, Ltd. Fee Fee Highway Tenant Tenant Taxes Tenant 'Za .s0©. (Stipulated by Parties) D $None D Judgment Creditor ) Dismissed The foregoing award is the total award for both Parcels One and One -A. The foregoing award is conditioned as follows with respect to the rights of KFC National Management Company, tenant on that portion of the subject property described as Parcel One -A; The permanent easement for streetscape purposes is an easement right in the City of Crystal over the subject property to construct, reconstruct, and maintain sidewalk and pedestrian amenities. The easement acquired will not affect the use or occupancy of the Kentucky Fried Chicken building on the premises, nor the present access from the Kentucky Fried Chicken property to 56th Avenue North. This award was arrived at by stipulation between the Peti- tioner and the owners, and the Commissioners did not participate therein. 2 Parcel One -A: Descion of Subject Property: Lot 3, Block 1, Ken's 1st Addition, according to the plat thereof on file and of record in the office in the Register of Deeds in and for Hennepin County, Minnesota. Description of Permanent. Basement: A permanent easement for streetscape purposes over, under, across, and through that part of said Lot 3 lying south of the following described line: Commencing at the northwest corner of said Lot 3; thence South 00 degrees 09 minutes 28 seconds West assumed basis for bearings, 189.94 feet along the west line of said Lot 3 to the point of beginning of the line to be described; thence South 89 degrees 26 minutes 27 seconds Bast 111.00 feet to a point on the east line of said Lot 3 distant 191.52 feet south of the northeast corner thereof and said line there terminating. Mame Samuel J. Fischman Sylvia Fischman a/k/a Sylvia F. Fischman County of Hennepin Top Value Auto Supply, Inc., a Minnesota corporation Nature of Interest Champion Auto Stores, Inc. a Minnesota corporation KFC National Management Company, a Delaware corporation County of Hennepin Bard & Bard, Ltd. Fee Fee Highway Tenant Tenant Tenant Taxes Judgment Creditor V/ Award See Award for Parcel One Parcel Two (Amended): (Affects Certificate of Title No. 611007) Description of Subject Property: Lot 13 and the west 29.15 feet of Lot 14 and the East 9 feet of the West 38.15 feet of the North 25 feet of Lot 14, all in Block 5, "Kensey Manor", according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, which lies Northerly of a line drawn parallel with and distant 40.52 feet northerly of the following described line: Commencing at the northeast corner of the Southeast Quarter of the Southeast Quarter of Section 5, Township 118, Range 21; thence run westerly at an angle of 90 degrees 43 minutes 13 seconds (when measured from north to west) from the east line of said Southeast Quarter, for a distance of 907.76 feet to actual point of beginning of line to be described; thence deflect to the right at an angle of 0 degrees 25 minutes 26 seconds for a distance of 200 feet and there terminating, except that part of said Lot 13 which lies southwesterly of a line drawn from a point on the last described parallel line distant 66.0 feet west of the east line of said Lot 13 (as measured along said parallel line) to a point on the west line of said Lot 13 distant 10 feet north of the intersection of the straight portion of the west line of said lot extended southerly to the above described parallel line. Together with an easement for ingress and egress for vehi- cles and pedestrians over the south 5 feet of the North 30 feet of the Easterly 19 feet of the westerly 48.15 feet and over the Northerly 25 feet of the Easterly 10 feet of the Westerly 48.15 feet of said Lot 14. Said easement to be used in common by the owners and occupants of the above described premises and of the Westerly 40 feet of Lot 15 in Block 5 in said Kensey Manor as shown in deed Doc. No. 335331, Files of Registrar of Titles. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of the subject property lying westerly and southerly of the following described line: Commencing at the northwest corner of said Lot 13; thence North 89 degrees 44 minutes 27 seconds East assumed basis for bearings 7.00 feet along the north line of said Lot 13 to the point of beginning of the line to be described; thence South 00 degrees 09 minutes 28 seconds West 112.91 feet; thence North 89 degrees 44 minutes 27 seconds East 47.24 feet; thence South 00 degrees 12 minutes 18 seconds West 2.50 feet; thence South 89 degrees 47 minutes 34 seconds East 55.20 feet; thence South 05 degrees 19 minutes 11 second_ EAC$ 1.40 fAet; 4r enCoAi49sLh 89 degrees 40 nTiinilteS 2 seconds East 0.67 feet to a point on the east line of the west 29.15 feet of said Lot 14 distant 113.82 feet south of the north line of said Lot 14 and said line there terminating. Description of Temporary Easement: A temporary easement for construction purposes over, under` across, and through the east 8.00 feet of the west 15.00 feet of the north 112.91 feet of said Lot 13, and over, under, across, and through the south 7.5 feet of the north 112.9 feet of said Lot 13. The temporary easement shall expire on December 31` 1987. Name Nature of Interest Award Propper Properties, Fee ) a Minnesota general ) partnership ) $ 65,500.00 (Stipulated 10,000 Auto Parts Tenant ) by Parties) a County of Hennepin Taxes ) County of Hennepin Lis Pendens ) $None`s *The Notice of Lis Pendens appearing of record (Document No. 1219512, filed May 16, 1977) was discharged on November 20, 1984 (Document No. 1612794) . This award was arrived at by sLiYuiation between the Peti- tioner and the owners, and the Commissioners did not participate therein. Parcel Three (Amended): (Affects Certificate of Title No. 556028) Description of Subject Property: That part of Lot 14 which lies Northerly of a line drawn parallel with and distant 40.52 feet Northerly of the following described line: Commencing at the northeast corner of the Southeast Quarter of Southeast Quarter of Section 5, Township 118, Range 21; thence run Westerly at an angle of 90 degrees 43 minutes 13 - seconds (when measured from north to west) from the east line of said Southeast Quarter, for a distance of 907.76 feet to actual point of beginning of the line to be de- scribed; thence deflect to the right at an angle of 0 degrees 25 minutes 26 seconds for a distance of 200 feet and there terminating. except the West 29.15 feet thereof and also except the east 9 feet of the West 38.15 feet of the North 25 feet thereof; Lot 15, except the East 41 feet thereof; Block 5, "Kensey Manor", according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of the subject property described as follows: Beginning at the southeast corner of the west 40.00 feet of said Lot 15; thence North 00 degrees 09 minutes 29 seconds East, assumed basis for bearings, 124.00 feet along the east line of the west 40.00 feet of said Lot 15 to the north line of the south 124.00 feet of said Lot 15; thence South 89 degrees 44 minutes 27 seconds West 5.89 feet along said north line to a point hereinafter known as Point "All;thence South 00 degrees 09 minutes 28 seconds West 20.60 feet; thence North 89 degrees 44 minutes 27 seconds East 5.00 feet; thence South 00 degrees 06 minutes 21 seconds East 79.02 feet; thence South 89 degrees 54 minutes 42 seconds West 70.70 feet; thence South 09 degrees 41 minutes 42 seconds West 3.62 feet; thence North 89 degrees 48 minutes 25 seconds West 20.13 feet to the east line of ,the west 29.15 feet of said Lot 14; thence South 00 degrees 09 minutes 28 seconds West 12.48 feet; thence South 89 degrees 47 minutes 43 seconds East 51.85 to the west line of said Lot 15; thence South 00 degrees 09 minutes 28 seconds West 7.63 feet along said west line to the south line of said Lot 10 15; thence Forth 89 degrees 44 minutes 27 seconds Fast 40.00 feet along said south line to the point of beginning. 11,41 am . Nature of interest Award Athanasia Geanakopolos Fee Constantine M. Rallis, inchoate deceased Sigfred Anderson & Mechanic's Lien Sons, Inc. Andrew Atsidakos Contract for Deed Vendee Libby Atsidakos Inchoate Summit State Sank mortgage of Richfield Ronald Heskin, d/b/a Tenant Care Cleaners Great Northern Guns Tenant Terry Colvin, d/b/a Tenant Colvin Insurance Agency fl $ IUM -no (Stipulated by Parties) Redwing Shoe Store Tenant ) County of Hennepin Taxes ) This award was arrived at by stip„1 ati nn etween the Peti- tioner and the owners, and the Commissioners did not participate therein. 11 Parcel Four (Amended): (Affects Certificate of Title No. 667523) Description of Subject Property: The East 40.5 feet of Lot 19, Block 5, except the North 9 feet thereof, in "Kensey Manor", according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of the subject property lying south of the following described line: Beginning at a point on the west line of the east half of said Lot 19 distant 21.12 feet north of the southwest corner thereof; thence North 89 degrees 42 minutes 49 seconds East 0.45 feet to a point to be hereinafter known as Point "A"; thence continuing North 89 degrees 42 minutes 49 seconds East 0.95 feet to a point to be hereinafter known as Point "B"; thence continuing North 89 degrees 42 minutes 49 seconds East 37.99 feet to a point to be hereinafter known as Point "C"; thence North 88 degrees 10 minutes 45 seconds East 1.06 feet, to the east line of said Lot 19 distant 21.15 feet north of the southeast corner thereof and said line there terminating. Together with that part of the east half of said Lot 19 lying west of a line beginning at said Point "A"; thence North 00 degrees 22 minutes 46 seconds West 46.39 feet to west line of the east half of said Lot 19 and said line there terminating. For the above-described parcels the west line of the east half of said Lot 19 is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. Description of Temporary Easement: A temporary easement for construction purposes over, under, across, and through that part of the subject property described as follows: Beginning at said Point "B", above'®described; thence North 00 degrees 17 minutes 11 seconds West 1.00 feet; thence North 78 degrees 24 minutes 05 seconds East 12.25 feet; thence South 11 degrees 35 minutes 55 seconds East 0.94 feet; thence North 78 degrees 24 minutes 05 seconds East 0.37 feet; thence North 11 degrees 35 minutes 55 seconds West 0.94 feet; thence North 78 degrees 24 miDutes 05 seconds East 3.58 feet; thence South 00 degrees 17 minutes 11 seconds East 0.77 feet; thence North 89 degrees 42 minutes 49 seconds East 1.32 feet; thence North 00 degrees 17 minutes 11 seconds West 0.79 feet; thence North 89 degrees 42 minutes 49 seconds East 3.78 feet; thence South 00 degrees 17 minutes 11 seconds East 0.75 feet; thence 12 North 89 degrees 42 minutes 49 seconds East 1.31 feet thence North 00 degrees 17 minutes 11 seconds gest 0.95 feet; thence South 73 degrees 10 minutes 24 seconds Fast 16.20 feet; thence South 00 degrees 17 minutes 11 seconds East 1.03 feet to :said Point "C"; thence South 39 degrees 42 minutes 49 seconds West 37.99 feet to the point of begin- ning. The temporary easement shall expire on December 31, 1937. Name Mature of interest Award Reino L. Perry Fee ) Midwest Federal Savings Mortgage ) and Loan Association ) of Minneapolis ) Slavi Georgiev Contract for Deed Vendee Dennis Wells, d/b/a Tenant Devaux Marketing, Inc. Jerry Schirmers, d/b/a Tenant Becca-Rand Sales & Marketing Martin Von Iderstein, Tenant d/b/a Crystal -New Hope Chiropractic Clinic Barbra Rvasnik and Tenant Barbra Masier6 d/b/a Barbra@s Consignment Ray Hawk, d/b/a Fggies Tenant Restaurant County of Hennepin Tay -es In addition to the above award, we, the undersigned commissioners, pursuant to Minn. Stat. §117.085 (1936), allow to S1avi Georgiev and Reino L. Perry a total of $300.00 for appraisal fees. The foregoing award is apportioned as follows: s q for the part taken; and $0 O ©O- for the damages to the remainder. 13 Parcel Five: (Affects Certificate of Title No. 247242) Description of Subject Property: Tracts A and B, Registered Land Survey No. 449, Files of Registrar of Titles, Hennepin County, Minnesota, Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of said Tract B lying south of the following described line: Beginning at a point on the west line of said Tract B distant 20.63 feet north of the southwest corner thereof and ending on the east line of said Tract B distant 20.50 feet north of the southeast corner thereof. Name Frank A. Kenneth Julia Kenneth Mork -Campion, Inc. Chamberlain and Carlson Appliances, Inca Northside Appliance Marren E. Kenneth Sharon K. Carlson County of Hennepin Nature of Interest Fee Inchoate Party Wall Party Wall Tenant Personal Represen- tative and Execu- tor of the Estate of Frank A. Kenneth Party Wall Taxes Award $23,506,00 (Stipulated by P a r t i e s) This award was arrived at by stipulation between the Peti- tioner and the owners, and the Commissioners did not participate therein. 14 Parcel Six (Amended): (Affects Certificates of Title Nos. 247245 and 411234) Description of Subject Property: Lot 20 and the west 40 feet of Lot Manor", according to the plat thereof o the office of the Registrar of Titles in Minnesota, Description of Permanent Easements: 21, Block 5, in "Kensey n file and of record in and for Hennepin County, A permanent easement for streetscape purposes over, under, across, and through that part of said Lot 20 lying south of the following line: beginning at a point on the gest line of said Lot 20 distant 21.15 feet north of the southwest corner thereof and ending on the east line of said Lot 20 distant 20.8 feet north of the southeast corner thereof; and, A permanent easement for streetscape purposes over, under, across, and through that part of the West 40.00 feet of said Lot 21, Block 5, lying south of the following described line: Beginning at a point on the west line of said Lot 21 distant 20080 feet north of the southwest corner thereof; thence South 89 degrees 59 minutes 33 seconds East 19018 feet to a point to be hereinafter known as Point "A"; thence continu- ing South 89 degrees 59 minutes 33 seconds East 19072 feet to a point to be hereinafter mown as Point "B`°; thence continuing South 89 degrees 59 minutes 33 seconds East 1.10 feet to the east line of the west 40.00 feet of said Lot 21 distant 20.63 feet north of the southeast corner of the west 40.00 feet of said Lot 21 and said line there terminating® For purposes of the above-described parcel, the west line of said Lot 21 is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. Description of Temporary Easement: A temporary easement for construction purposes over, under, across, and through that part of the subject property described as follows: Beginning at said Point "A", above®described; thence North 00 degrees 00 minutes 27 seconds East 4.93 feet; thence North 89 degrees 11 minutes 36 seconds East 19,68 feet; thence South 00 degrees 27 minutes 17 seconds East 5.21 feet to said Point "B"; thence North 89 degrees 59 minutes 33 seconds West 19072 feet to the point of beginning. The temporary easement shall expire on December 31, 19870 Fa -I Name Frank A. Kenneth Julia Kenneth Mork -Campion, Inc. Chamberlain and Carlson Appliances, Inc. AMF Incorporated Sharon K. Carlson, individually and also d/b/a Vera Slater Beauty School Warren Kenneth Nature of Interest Fee ) Inchoate ) Party Wall ) } Party Wall ) e Secured Party Contract for Deed Vendee Party Wall Personal Represen- tative Award 1 Beeks Pizza Tenant ) } C. E. Campion & Tenant ) Associates, Inc. ) ) County of Hennepin Taxes ) In addition to the above award, we, the undersigned commissioners, pursuant to Minn. Stat. §117.085 (1986), allow to Sharon K. Carlson a total of $300.00 for appraisal fees. The foregoing award is apportioned as follows: o® $ 92 019._ for the part taken; and �— $� 06 J for the damages to the remainder. a Parcel Seven (Amended): Description of Subject Property: (Affects Certificate of Title ]do. d'. -Z ) Tracts D and E, Registered Land Survey No. 449, Files of Registrar of Titles, Hennepin County, Minnesota. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across and through that part of said Tract E lying ;south of the following described line: Beginning at a point on the west line of said Tract E distant 21.19 feet north of the southwest corner thereof; thence North 89 degrees 50 minutes 01 seconds East 1.81 feet to a point to be hereinafter referred to as Point "A"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.79 feet to a point to be hereinafter referred to as Point "B"; thence continuing North 89 degrees 50 minutes 01 seconds East 46.58 feet to a point to be hereinafter re- ferred to as Point "C"; thence continuing North 89 degrees 50 minutes 01 seconds East 7.59 feet to a point to be hereinafter referred to as Point "D"; thence continuing North 89 degrees 50 minutes 01 seconds Fast 1.23 feet to the east line of said Tract E distant 21.11 feet north of the southeast corner thereof. For the above-described parcel, the west line of said Tract E is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. Description of Temporary Easement: A temporary easement for construction purposes over, under, across, and through those parts of said Tract E described as follows: Beginning at said Point "A", above-described; thence North 00 degrees 09 minutes 59 seconds West 3.86 feet; thence North 89 degrees 50 minutes 01 seconds East 3.79 feet; thence South 00 degrees 09 minutes 59 seconds East 3.86 feet to said Point "B"; thence South 89 degrees 50 minutes 01 seconds West 3.79 feet to the point of beginning; and That part of said Tract E described as beginning at said Point "C"; thence North 00 degrees 09 minutes 59 seconds West 3.85 feet; thence South 89 degrees 51 minutes 59 seconds East 7.59 feet; thence South 00 degrees 09 minutes 59 seconds East 3.81 feet to said Point "D"; thence'South 89 degrees 50 minutes 01 seconds West 7.59 feet to the point of beginning. The temporary easement shall expire on December 31, 1987. 17 Description of Subject Property: (Affects Certificate of Title No. 312288) Lot 23 and the west J of Lot 24, Block 5 in "Kensey Manor", according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of said Lot 23 lying south of the following described line: Beginning at a point on the west line of said Lot 23 distant 21.11 feet north of the southwest corner thereof; thence North 89 degrees 50 minutes 01 seconds East 1.39 feet to a point to be hereinafter referred to as Point "A"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.55 feet to a point to be hereinafter referred to as Point ►►B"; thence continuing North 89 degrees 50 minutes 01 seconds East 30.87 feet to a point to be hereinafter referred to as Point "C"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.52 feet to a point to be hereinafter referred to as Point ►►D"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.05 feet to a point to be hereinafter referred to as Point "E"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.82 feet to a point to be hereinafter referred to as Point ►►F►►; thence continuing North 89 degrees 50 minutes 01 seconds East 30.96 feet to a point to be hereinafter referred to as Point ►►G► thence continuing North 89 degrees 50 minutes 01 seconds East 3.82 feet to a point to be hereinafter referred to as Point "H" said point being in the east line of said Lot 23 distant 21.02 feet north of the southeast corner thereof and said line there terminating. For the above-described parcel, the west line of said Lot 23 is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. A permanent easement for streetscape purposes over, under, across, and through that part of said west i of Lot 24 lying south of the following described line: Beginning at a point on the west line of said Lot 24 distant 21.01 feet north of the southwest corner thereof, said point to be hereinafter known as Point "A"; thence North 89 degrees 50 minutes 01 seconds East 4.82 feet to a point to be hereinafter known as Point "B"; thence continuing North 89 degrees 50 minutes 01 seconds East 30.75 feet to a point to be hereinafter known as Point "C"; thence continuing North 89 degrees 50 minutes 01 seconds East 3.75 feet to a point to be hereinafter known as Point "D► thence•continu- ing North 89 degrees 50 minutes 01 seconds East 0.96 feet to a point to be hereinafter known as Point "E"; thence contin- uing North 89 degrees 50 minutes 01 seconds East 0.24 feet to the east line of said west half of Lot 24 distant 20.95 feet north of the southeast corner thereof and said line there terminating. Together with that part of the west half ON of said Lot 24 lying east of a line beginning at said Point "E"; thence North 00 degrees 09 minutes 59 seconds `Fest 103.05 feet to the north Nine of said Lot 24 and said line there terminating. For the above-described parcels the west line of said Lot 24 is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. Description of Temporary Easements: A temporary easement for construction purposes over, under, across, and through those parts of said west j of Lot 24 de- scribed as follows: Beginning at said Point "A", above-described; thence North 00 degrees 10 minutes 35 seconds East 3.71 feet along the gest line of said Lot 24; thence North 89 degrees 42 minutes 05 seconds East 4.00 feet; thence South 00 degrees 09 minutes 59 seconds East 3.73 feet to said Point "B"; thence South 89 degrees 50 minutes 01 seconds West 4.82 feet to the point of beginning; and That part of the west half of said. Lot 24 described as beginning at said Point "C"; thence North 00 degrees 09 minutes 59 seconds West 3.72 feet; thence North 89 degrees 05 minutes 01 seconds East 3.75 feet; thence South 00 degrees 09 minutes 59 seconds East 3.77 feet to said Point "D"; thence South 89 degrees 50 minutes 01 seconds West 3.75 feet to the point of beginning; and Temporary easements for construct ion, purposes, over, under, across, and through those parts of said Lot 23 described as fol- lows. Tom_ __ • _9 P ' " A 66 l � � _� _ .7 tL z aCyann�a�g a� Sa �e eoiait v , auove-des rlbe' thence North 00 degrees v7 aiibialites » SeCoiicas nest 2.710 feet; thence North 89 degrees 50 minutes 01 seconds East 3.55 feet; thence South 00 degrees 09 minutes 59 seconds East 2.70 feet to said Point "B"; thence South 89 degrees 50 minutes O1 seconds West 3.55 feet to the point of beginning; and That part of said Lot 23 described as beginning at said Point "C"; thence North 00 degrees 09 minutes 59 seconds West 2.72 feet; thence South 89 degrees 50 minutes 27 seconds East 3.52 feet; thence South 00 degrees 09 minutes 59 seconds East 2.70 feet to said Point "D"; thence South 89 degrees 50 minutes 01 seconds West 3.52 feet to the point of beginning; and That part of said Lot 23 described as beginning -at said Point "E"; thence North 00 degrees 09 minutes 59 seconds West 3.70 feet; thence North 89 degrees 41 minutes 01 seconds East 3.82 feet; thence South 00 degrees 09 minutes 59 seconds East 3.71 feet to said Point "F"; thence South 89 19 degrees 50 minutes 01 seconds West 3.82 feet to the point of beginning; and That part of said Lot 23 described as beginning at said Point "G"; thence North 00 degrees 09 minutes 59 seconds West 3.70 feet; thence North 89 degrees 42 minutes 05 seconds East 3.84 feet to the east line of said Lot 23 distant 24.72 feet north of the southeast corner thereof; thence South 00 degrees 10 minutes 35 seconds West 3.70 feet along said east line to said Point "H"; thence South 89 degrees 50 minutes 01 seconds West 3.82 feet to the point of beginning. The temporary easements shall expire on December 31, 1987. Name Reino L. Perry, doing business as Crystal Heating and Sheet Metal Co. Reino L. Perry Del Marchant, d/b/a Crystal Schwinn Cyclery Tim Jacobs, d/b/a Big Top Balloons U. S. Air Force Recruiting office U. S. Navy Recruiting Office David Gantner, d/b/a North Star Driving School Marcel Rehaume, d/b/a M&M Tax Service Adventures in Video County of Hennepin Nature of Interest Award Fee (Certificate ) No. 247243) ) D D D Fee (Certificate ) No. 312288) D D Tenant ) D D Tenant ) D ) Tenant ) 60 Tenant Tenant Tenant Tenant Taxes In addition to the above award, we, the undersigned commissioners, pursuant to Minn. Stat. §117.085 (1986), allow to Reino L. Perry a total of $300.00 for appraisal fees. K11 The foregoing award is apportioned as follows: $ ,%vv for the part taken; and ® ® d $ 000 for the damages to the remainder, 21 Parcel Eight (Amended): (Affects Certificate of Title No. 271611) Description of Subject Property: Tracts C and F, Registered Land Survey No. 449, Files of Registrar of Titles, Hennepin County, Minnesota. Description of Permanent Easement: A permanent easement for streetscape purposes over, under, across, and through that part of said Tract F lying south of the following described line: Beginning at a point of the west line of said Tract F distant 20.50 feet north of the southwest corner thereof; thence South 89 degrees 59 minutes 33 seconds East 0.54 feet to a point to be hereinafter known as Point "A"; thence North 88 degrees 26 minutes 54 seconds East 17.08 feet to a point to be hereinafter known as Point "B"; thence North 88 degrees 26 minutes 54 seconds East 13.18 feet; thence North 89 degrees 50 minutes 01 seconds East 0.19 feet to the east line of said Tract F distant 21.19 feet north of the south- east corner thereof, and said line there terminating. For the above-described parcel, the west line of said Tract F is assumed to have a bearing of North 00 degrees 10 minutes 35 seconds East. Description of Temporary Easement: A temporary easement for construction purposes over, under, across, and through that part of said Tract F described as follows: Beginning at said Point "A", above-described; thence North 88 degrees 26 minutes 54 seconds East 0.99 feet; thence North 75 degrees 09 minutes 25 seconds East 13.13 feet; thence North 88 degrees 26 minutes 54 seconds East 3.33 feet; thence South 01 degrees 33 minutes 06 seconds East 3.02 feet to said Point "B"; thence South 88 degrees 26 minutes 54 seconds West 17.08 feet to the point of begin- ning. The temporary easement shall expire on December 31, 1987. 22 Name Nature of Interest Award John B. Hoffmann and Rose Marie Hoffmann, husband and wife First National Bank of Minneapolis Ca E. Campion & Associates, Inc. Fee Mortgagee Contract for Deed Vendee County of Hennepin Faxes ) In addition to the above award, we, the undersigned commissioners, pursuant to Minn. Stat. 5117.085 (1986), allow to Martin.Campion a total of $300.00 for appraisal fees. The foregoing award is apportioned as follows: $ 411qoo. for the part taken, and �a $ 6 ® —for the damages to the remainder. 23 VI. The above awards are in gross unless otherwise noted. C% 4h Dated this �� (day of e 1986. 0011FR02.B13 24 M E M RA N D U M DATE: August 6, 2008 TO: Planning Commission (August 11th meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Consider Application 2008-08 for Rezoning from C-2, General Commercial to 1-1, Light Industrial and a Conditional Use Permit to allow outdoor storage as part of a proposed indoor/outdoor storage use at 5430 Douglas Dr. N. A. BACKGROUND The subject property is zoned C-2, General Commercial. The site is currently occupied by Steen Engineering and Phase North, which is an educational services use. Phase North, which occupies approximately the rear two-thirds of the building will be vacating the space this fall. The applicant is proposing to rezone the property to 1-1, Light Industrial and use the rear two-thirds of the building for indoor storage, with outdoor storage available at the rear of the lot. Steen Engineering would continue to use the front portion of the building. Outdoor storage is permitted as an accessory and subordinate use, which requires a conditional use permit under 515.53 Subd. 4 d) provided the following conditions are met. ® The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. ■ The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. ■ The storage area is fully screened from any adjacent property including public right- of-way. ■ The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. ■ The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. • The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied In determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. 2) The characteristics of the subject property as they relate to the proposed use. 3) The impact of the proposed use on the surrounding area. Notice of the public hearing was mailed to property owners within 350 feet of the property and published in the Sun Post on July 31, 2008. At the August 11, 2008 meeting, the Planning Commission will hold the public hearing and may make a recommendation for the City Council to consider at its August 19, 2008 meeting. The following Exhibits are attached: A. Aerial photo showing the location of the subject property. B. Narrative submitted by applicant. C. Site plan submitted by applicant. D. Staff's revised site plan. B. STAFF COMMENTS 1. REZONING The property is currently zoned C-2, General Commercial. The proposed use for indoor/outdoor storage is not permitted in the C-2 District. If rezoning to 1-1, Light Industrial is approved, the indoor storage use would be permitted and the outdoor storage would be allowed as a conditional use. - The Comprehensive Plan guides this property as Mixed Use West Broadway/Highway 81 (MU-WB/81): These areas are intended to accommodate a mixture of uses that would provide for a higher quality visual image along County State Aid Highway 81 and West Broadway. Uses intended to be accommodated include office, hospitality, institutional, public facility, light industrial, employment, and commercial uses that do not compete with Community Commercial areas. MU-WB/81 is also intended to include some small residential areas which serve as transitions between non-residential uses and adjacent residential areas. 2. CONDITIONAL USE The proposed use described in the narrative and site plan would comply with city code if rezoned to 1-1, Light Industrial and a Conditional Use Permit is approved for the outdoor storage. The proposed outdoor storage would comply with required conditions listed in 515.49 Subd. 4 d): ■ The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. The outdoor storage area is currently asphalt and will be fenced in. REZONE/CONDITIONAL USE PERMIT - MAR PROPERTIES,LLC - 5430 DOUGLAS DR N ® The storage area does not exceed 60% of the gross floor area of the principal use, 40% of the area of the property, or 20,000 square feet. The storage area Is 1 11,040 square feet which is 60% of the principal use and 11% of the property. ® The storage area is fully screened from any adjacent property including public right- of-way. An eight foot chain link fence with vinyl screening will surround the outdoor storage area. Additional landscaping is proposed along the north side of the storage area. Specific species are not determined at this time. The City Forester will determine what type of plantings will be installed, ® The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. Items to be stored outside include larger vehicles and equipment that cannot be stored inside the building. The building itself will consist of 18,452 square feet of indoor storage space; this will become the principal use of the property. The front portion of the building used by Steen Engineering will remain unchanged and continue to be used by Steen. 11,040 square feet at the back of the property would be used for outdoor storage. An eight foot high, chain link fence with vinyl screening would surround the storage area. The site plan shows additional landscaping along the north side of the storage area. The applicant has not indicated specifics on the type of landscaping proposed, other than that it will be of sufficient height and spaced to provide additional screening from the apartments to the north. The City Forester will make a recommendation as to the type of plantings to be installed. 39 parking spaces will remain for Steen Engineering. An additional 10 spaces are required for the storage use. These spaces will be located immediately to the east of the 32 existing spaces for Steen Engineering along the north side of the property (Exhibit D). The gate shown on the applicant's site plan would instead be placed further to the east to line up with the east side of the building (Exhibit D). This would allow for easier access for those parking in the lot and for emergency vehicles. The loading/unloading area shown in gray on the south side of the building should be clearly marked as a loading zone. The site plan also shows future building and storage areas. These areas are not part of this application. Site plan and conditional use approval would be required prior to any expansion of the building and storage area. Since these were shown on the site plan, staff does offer the following advice regarding possible future expansion: 1. If the storage area is expanded, the plantings would also have to be extended along the north property line to effectively screen the apartments. 2. Screening to the south of the storage area would be deferred if the current industrial use continues to the south. If that use would change at any time in the future, additional screening may be required. 3. The overhead door located on the south side of the future building may have to be re -located or the building size reduced to allow for larger vehicle to make the right turn into the drive aisle to exit the site. REZONE/CONDITIONAL USE PERMIT - MAR PROPERTIES,LLC - 5430 DOUGLAS DR N 3 4. The overall size of the expansion may affect how larger vehicles, and emergency vehicles, enter and exit the site. This would be taken into consideration at that time. West Metro Fire District Comment's: 1. Existing drive aisle widths shall be maintained and marked with signage reading "No Parking, Fire Lane". If the building is expanded in the future, drive aisles around that portion shall be a minimum of 20 feet in width. 2. Existing sprinkler system shall be evaluated by a licensed sprinkler contractor to ensure proper protection for new storage use. Documentation of findings shall be provided to West Metro Fire District. 3. Fire extinguishers shall be located every 75 feet walking distance throughout the occupancy. 4. All exit and emergency lighting shall be operational. 5. All emergency exits shall be in operational condition and have proper panic hardware installed. 6. All rooms containing roof access, fire protection systems, mechanical rooms, etc. shall be labeled as such either on the entry door or directly next to the door containing that equipment. C. RECOMMENDATION Staff recommends approval of the submitted plans for Rezoning from C-2, General Commercial to 1-1, Liaht Industrial and a Conditional Use Permit to allow outdoor storage as part of indoor/outdoor storage use at 5430 Douglas Drive N, subject to the following conditions: 1. A building permit must be submitted for review and approval prior to any work being done. 2. A Certificate of Occupancy must be issued by the Building Official prior to occupancy and use of the building for indoor storage. 3. West Metro Fire District conditions listed in Section B above shall be met prior to occupancy. 4. The outdoor storage area shall be enclosed with an 8 foot high chain link fence with vinyl screening slats, together with shrubs planted along the north side of the storage area of a species, type and size to be approved by the City Forester prior to installation; provided that the items being stored do not exceed the height of the screen. 5. The items being stored shall limited to those typically found outdoors and constructed of materials appropriate for outdoor weather conditions. REZONE/CONDITIONAL USE PERMIT - MAR PROPERTIES,LLC - 5430 DOUGLAS DR N 4 b. Any new signage requires a permit prior to installation. ?. 10 parking spaces shall be provided for the storage use. These spaces will be located along the north side of the property just east of the existing 32 spaces for Steen Engineering. 8. The gate proposed on the north side of the property accessing the storage area shall be located in line with the east side of the building as shown on Exhibit D. 9. Future expansion of the building and outdoor storage area will require the applicant to submit a land use application for Conditional Use/Site Plan approval from the City Council. SUGGESTED FINDINGS OF FACT: For the Rezoning: 1-1, Light Industrial zoning is consistent with the property's Mixed Use West Broadway/Highway 81 classification in the Comprehensive Plan. For the Conditional Use Permit: The proposed outdoor storage use would be consistent with the requirements of city code, provided that all of the conditions of approval contained in Section C of the staff report are met. Separate motions should be made for the rezoning to 1-1 and the CUP for outdoor storage. The respective findings of fact should be referenced in each motion. Planning Commission action is requested. The City Council would consider the Planning Commission's recommendation at its meeting on August 19, 2008. REZONE/CONDITIONAL USE PERMIT - MAR PROPERTIES,LLC - 5430 DOUGLAS DR N Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. ; 5 Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.'- se Selected Parcel Data Date Printed: 8/5/2008 10:57:24 AM Parcel ID: 04-118-21-33-0039 Current Parcel Date: 7/4/2008 Owner Name: MAR PROPERTIES LLC Parcel Address: 5430 DOUGLAS DR N , CRYSTAL, MN 55429 Property Type: COMMERCIAL -PREF . p Sale Price: $1,300,000.00 Homestead: NON -HOMESTEAD j�/ Sale Date: 10/2003 Area (sgft),. 104068 Sale Code: WARRANTY DEED Area (acres): 2.39 A -T -B: TORRENS Market Total: $1,750,000.00 Tax Total: $56,917.84 EXHIBIT A http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx?PID=0411821330039 08/05/2008 71 '�. PropJErGIe , LL( MEMO To: Jason Zimmermann, jzimmermann@ci.crystal.mn.us City of Crystal From: Gene Striefel General Member Date: July 9, 2008 Re: Douglas Storage 5430 Douglas Drive North I have attached an updated site plan for your review. The first thing you'll notice is that we have moved the outside storage to the back of the lot. It will cover approximately 11,000 sq. ft. which is the 60% of the storage portion of the building. We will install an 8' fence just behind our existing curb and provide landscaping with shrubs in lieu of the grass that is currently there. We have also outlined a future building addition as well as 60% of the future building for expanded outside storage. • At this point with the greatly reduced outside storage and it's location, we most likely will not plant trees but provide rock or wood chip landscaping with shrubs along the property line. • The drive aisles in front of Steen is 26' with 18' parking stalls. We currently have two- way bus traffic everyday. Once again, please refer to the site plan. We have moved the gate 160' to the west and taken out the parking stalls. We have 38 still shown for Steen Engineering, Inc. Also note that we indicate one way traffic and a parking/loading are behind the building with an exit gate. • With the one-way traffic and the parking/loading area, the circulation will not be affected. • We are looking into a fence. Most likely a chain link with privacy inserts to block the view. • Steen Engineering will not be affected by the storage areas due to the one-way traffic and the gates. The gates and storage area doors will have card readers for access with security cameras. cc: John Sutter 5430 Douglas Drive North, Crystal, Minnesota 55429, 612-585-6742 EXHIBIT B To: Jason Zimmerman From: Gene Striefel Date: July 15, 2008 Re: Project Narrative Properties, T t C The request for rezoning our property is to allow us to develop an inside and outside self storage facility. This would be a gated facility with card readers for access and security cameras. We would have a single employee to manage the daily operation with their hours being 8AM to 5PM. We anticipate Lessee's access to be from 8AM to 8PM. We are also requesting CUP for the outside storage. This area will be 60% of the square footage of the inside storage and reflects the most restriction code requirements. Cc: John Sutter 5430 Douglas Drive North, Crystal, Minnesota 55429, 612-585-6742 APARTMENTS ' L— — — — — — — — — — — — — — — — — — — — — — — -- — — q 8' TALFDJM , sURR"DWO \ srunm - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -SSS 0 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 00000 00000 1 32 p4-4 ST E} GATE In OvawFwD DDDR j � GATE " OVERALL BUILDING — 26,176 sq. ft. ` ! ! ! ! ! 1 !111111 a. � � ■ a J K i � ; N n a e e a e a a a i� � STEEN ENGINEERING ! FUTURE BUILDING— 10.000 sq. n. : _ ? $ 7 PAR ING �ST •• •• •• •• ; h s "" { a • I . I • • ` OVMEQ DOOR € � GATE � GATE 763-585-6742 763-585-6757 fax Email: steen(a steeneng.com S T E -E1% N 5430 Douglas Drive North ENGINEERING INC. Crystal, NI1V 55429 5430 DOUGLAS DRIVE CRYSTAL, MN 55429 EXHIBIT C I SCALE: 1" = 50'-0" f c^ I I I I ----------------- I I I I I- I / / / / / / / / / APARTMENTS / 1® P Skits its 763-585-6742 763-585-6757 fax �)dEFAN I I Email: steent?a steeneng.com 5430 Douglas Drive North ENGINEERING INC_ Crstal MN 55429 B. T"u. \ FENCE SURROUNDING \ SHADED 5430 DOUGLAS DRIVE CRYSTAL, MN 55429 O1 EXHIBIT D SCALE: 1" = 50'-0" DATE: August 7, 2008 TO: Planning Commission (for August 11, 2008 meeting) FROivi: John Sutter, City Planner/Assistant Community Development Director SUBJECT: PUBLIC HEARING: Consider Application 2008-09 to amend City Code Section 515.21 and Sections 515.33 through 515.53 to allow certain types of telecommunications towers in all zoning districts subject to limitations on height, location, adjacent uses and other factors. T Mobile has approached the city about leasing a site in Bassett Creek Park for placement of a 75 foot tall monopole telecommunications tower. Upon evaluating the information and current city code, staff determined that the current code prohibits this sort of facility. Specifically, the code only allows telecommunications towers on I- 1 zoned property (as a permitted use) and on C-2 zoned property in the West Broadway/Bottineau Boulevard corridor (as a conditional use). The code was drafted in the mid-1990s, at a time when towers were generally taller and more obtrusive than some of the - newer designs such as the tower T Mobile would like to place in Bassett Creek Park. Over the past 10 years, demand for telecommunications service has become very widespread, and at the same time the technology and facilities have evolved in a way that allows for much shorter and less obtrusive towers. As a result the industry is seeking more sites to place this newer style of tower. Note: City code already has provisions governing antennas for amateur radio operators ("HAMs') in all zoning districts. The proposed ordinance amendment currently being considered would not impact amateur radio equipment already permitted by city code. At the direction of the City Council, staff has drafted proposed changes to Section 515.21 of city code that would allow telecommunications towers by Conditional Use Permit in all zoning districts, subject to significant restrictions and limitations. The following Exhibits are attached: A. Materials submitted by T Mobile. B. Notes from July 9, 2008 meeting of the Park and Recreation Advisory Commission C. Notice of Public Hearing published July 31, 2008 D. Copy of Section 515.21 with proposed changes in red bold text E. Maps showing some examples of locations where towers would be allowed by the proposed changes ZONING ORDINANCE TEXT AMENDMENT - TELECOMMUNICATIONS TOWERS PAGE 1 OF 2 Because the City Attorney has advised us that they need adequate time to consider the implications of the proposed changes, staff is not recommending that the Planning Commission make a recommend ation on the proposed changes. Instead, we recommend that the Commission conduct the public hearing, ask any questions of staff, discuss the proposed changes, and then continue the item to the next meeting on September 8, 2008. We will consider the comments received at the hearing and from the Commissioners, confer with the City Attorney, and if necessary prepare a revised draft for your September 8, 2008 meeting so you can make a recommendation to the City Council at that time. ZONING ORDINANCE TEXT AMENDMENT - TELECOMMUNICATIONS TOWERS PAGE 2OF2 Page 1 of 1 From: Paul Harrington [paulharrington@comcast.net] Sent: Wednesday, June 04, 2008 12:53 PM To: John Sutter Subject: T -Mobile Proposal in Bassett Creek Park Attachments: Bassett Creek Park Light Pole Replacement Plan Proposal.pdf; Edina Light Pole.pdf Hello John — Thank you for taking the time to speak with me last week. As we discussed, I am attaching a preliminary plan set for City consideration of a T -Mobile telecommunications facility in Bassett Creek Park. The particulars of the proposal are as follows: • Replacement of one of the existing light standards on the East side of the tennis courts with a 75 -foot low - profile monopole. The antennas would be concealed within a "shroud" to give the pole a cleaner appearance. T -Mobile would remount the lights from the existing pole on the new monopole at no cost to the City. The monopole would/could be painted to match the existing light standards servicing the tennis courts. • Ground space adjacent to the new monopole to accommodate required processing equipment. The equipment would sit on an on -grade, 6'x 12' prefabricated concrete slab. Although not shown, T -Mobile would provide appropriate landscaping — at City direction - around the ground equipment and monopole. • Easements as depicted on the plan set would be necessary to provide utility and maintenance access to the facility. • T -Mobile would enter into a lease agreement with the City for the use of the site. Proposed terms of the transaction would be a 5 -year Initial Term with three (3) additional 5 -year Options to renew. Proposed base rent for the project would be $1000/month with an escalation of that amount by three percent (3%) each year the lease is in effect. In addition to the plan set, for reference, I have attached photos of a facility in Edina which is very similar to the Bassett Creek proposal. Please let me know if you have any questions or require any additional information. Paul A. Harrington CARLSON & HARRINGTON, Inc. 612-810-8174 file://I:\PARKS\Bassett Creek\T-Mobile\2008.06.04 initial proposal - text.htm EXHIBIT A �'-� h�ir6tks Site Media Printed on: 06/05/2007 07:55AM Region: Hennepin Market: MN Site Code: AIP0702E Site Name: HIGHLANDS PARK Address: 5200 DONCASTER WAY Address 2: City: EDINA State: MN zip: 55436 Site (Bldg Mono Billbd Etc) 1 -x.2007.05.22 -10:13 Page 1 of 42 Region: Hennepin Site Code: AIP0702E Address: 5200 DONCASTER WAY City: EDINA Market: MN Site Name: HIGHLANDS PARK Address 2: State: MN Alpha View 1 zip: 55436 v.2007.05.22 - 10:13 Page 2 of 42 Region: Hennepin Site Code: AlP0702E Address: 5200 DONCASTER WAY Market: MN Site Name: HIGHLANDS PARK Address 2: City: EDINA State: MN zip: 55436 Beta View 1 v.2007.05.22 -10:13 Page 4 of 42 --\ Region: Hennepin Site Code: AlP0702E Address: 5200 DONCASTER WAY Market: MN Site Name: HIGHLANDS PARK Address 2: City: EDINA State: MN zip: 55436 Gamma View 1 - v.2007.05.22 - 10:13 Page 6 of 42 ) J I I 0 ® ® ® ® ® ®® M o bl VICINITY MAP PROJECT DATA 9 id f ROCKFORD RD M CBIR 1 fM p O E SPACE: LEASE SPACE: 1-0 x O. -O- 20NmE S B[NCH .Mn: I. FEE BASS m�R ux_xq; ReNAi _ !AI SME AK . - OB.R AV5,3 SO ansa L6pPr+E z GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM 1-.2iTRIE:3:2`=w � C • 3 ti 1. TnE CONTRAmOR SNKL SYPERNJC AND OREm ALt WORH, USING MS HEST MILL AND ATTENTION E SHALL BE SELEV CTE-SP.SIBM FOR ALL COWRuCTON MEMS, wElIro05. EDURES AND SEQUENCES FOR [OMWNAONe ALE FOARA HIS OF ua WORK wOER 1H[ CDx1RAA. TNF CONTRACTORS SNALL V TM AB WE i0 RENEW THE 2 SCOPE M W.RK AID FM- JOB .1 CONEFH Ws HOF LIWTED 10 .-APICAL. ELECIMCAL SERFACS. AND GERM CO0.ER SON, IN, COMPACTOR SWLI - AL ... CONELM NS AND x5pN3 PPoOR i0 SU NAMIG HIS B.. DISCREPANCIES. CCARICTS M OMISSIONS. ETC. SNAl WE REPgRED TO THE ENW.ER BEFORE PWRCS-D WIx THE WORK, THE CONTRACTOR SNALL PROTECT AL MCAS FRO- B.MACE -1CH NAT OCCUR SLIM.. CdTM CH ANv D E TO NF E LINO CONSTRUCTION, SIRUCNRE. OR ECURNEM, HIµ M" MANKATEU, REP. -RED OR REF -ED TO HM SAIBFACIgN OF THE TENANT . BULDRAD OMNER, OR ER -S MRRESCMARK. A THE EXMNSE OF ME COn1MCTOR. S. THE CONTRACTOR SNAL BE RESPONSIBLE FOR. AND SNKL PC- OR RE.EOT, AM FWLTY, MPROPEA, OR -I- IER.S OR wpRxN4NSIRP OR MY OAAVGE MMx SNKL .PEM Wrt1xn ONC r[M AFTER TnE CO4PLERM AND m IH[ M)pN UNDER 1N5 CdnRACT. ANIERIALS ACNIF SNKL 0.ELAR ARB. AN RUBBSH MO WASTE MCOMRd bxtP JOB REiJXN. MRWGnXOUT"F5F µi AAC�Ud FNAL CLCAN-LR .. COx CTION ro M LEFT IN A BROOM CALM °cfonmori a THE -D a — wr, ). THE COMPACTOR ON D SNAU. iM OWNER'S PR.PERtt WRING COxStRUmI. MD SAW. SACC ANv DAWOEO ROAFMY GF THE -1. i0 O -NAL CONOIOH OR BIT-. B[ THE RESPONSRKn .1 INS COMM R TO LOGtf KL [- mRIFIES. fl.ER - I.I. ANDTO P"O1ECl MEN TM OMME E CAR Atl EXPENSES FOR MPHR OR RC ROPLACENENT OF AMTS OR OTHER PROPERTY -CO IN NCt.N Mmx TOTE fXE_H`N OF WqM. I. 5. CONiRKFOP SNKL BE RES -BLE FOR TM C. ECUMT/ m INE SITE WN0.E ME J. 5 N PRMRE55 AFRO U [ ADB 5 EOxREED PER U.B.C. ID ALL CONSTRUCTION WORN SNKL CONFORM . THE U.B.C..D mnCP WKRNInG COOTS ACME MTn THE GOKRwItP BESTRPIR CORES 11. THE FONTRACTOR AND AML. SUB CON1PARdK SNKL COWRY wmn LOCAL COM LAA D HATE MPMMfM xMTR-L REWLAT.xS MD DFAsq. % NOUSRAL SOwiILR(MI) MOUIRE4-TS. RA- 1D THE Co%s SfA.N El. 1M C.1RACTOR SFULL ANON. MD PAY FOR ANY .NNIS. OfENNSEs A5RO InSPEmIONs MttSEARY fM PERfORNAN[C THE WORK AND MEW% THOSE N THE COST % ME woPK to ME OWNER. tS REUSED DINENS.NS HAVE PMCfMMF OVER MAMNG SCALE. AND MTM DRARA HANE PRECEDENCE OPER SMALL SCK[ OAAWRWY. -C- ACCURACY OF ALL INET Ns In 111 LRUELO. EI SPECIFPALLY AOTEO. OR NOT IMR.AIF FERULS OFF -SIE. OR PERFORM AM CONS ANO ACNPACY OF HO DINENSONS NUPE KMITD AEANST ACIUAC FIELD DALE. NS. CONTNCFRR SHALL xOfIE tM CXGIMG % A. COKL.TS OR DS E- I NRMN THE CONTRACT OOCUME- WON M CO.- DOCU4EMS AND THE MLD EOxd . PPoOR iD ExttmNc ra WORN M auEST.N 13. COMFACOR SHAIL NgRM1 THE FS.InE. R DAMS ME CONSIDERED UNSWNO. L -E. x01 WATERPROOF. OR NOT MMM CUSTONMr 1RME pRKTICE. IL WORN K RRFM.0. BE ASSv�C. - THERE IS x0 ONCCTION 10 THE DExL DETAILSLE IxiDEn�Do s HOWBTHE E END BEwE. is1 DF OFF IN[SMRK. MO Iry P AAT t6. C... I -S AND _-NS TO BF JOINED SNKL BE TMRR£MD [B rt T'EECCOi TRACTOR BEFORE Co""RUC- AROSE SHOWN ON THE PLANS TM n CCA7R SHALL NOTIFY THE ENGINEER SUCH THAT NOgFPAR.S CAN BE MME BEFORE FNOCFFOINO MTn HE WORK. t). AL B-BOLS AND MOREAMOM USED ON THE DMMNOS LIFO CMSTI-DON STANDARDS. IF ME CONTRAK P HAS OUESTOIS REGASNG THEIR EIVCT MCANINO. THE EAGLGINEER SHALL BE NmRIED EOR CUAILPAi.nS BEFORE p G WIn TORN E CONTRACTOR SNN4 PROACE MESH- -NG. RAC... 1RAMG. --I OR O . SUPFOM FOR AU B OTHER RENS REGRARNG THE SME 19, CITY MFTROKO RMS SNKL BE KEPT M A PI.W BOK AND SNKL NOT BE USED B WORKNEN. ONWR%F.x SETS L [LPIINHI S.c i CION. ON. TLLM SOMRKIOR sOAl In .n,0 E oIRAE sn M PUNT MIH ALL PENSIONS.MOMCNMG[BUOpwAKGUIDF A ACL .FES. CME01 nmp1HC JOR SUPERNT[N%nTM[SE TO [ M ME FdLOMnG TABLE %UMO[S 1H P HIES F DIFFERENT PANTIES INLOLKO N cOMPLnIIro THIS pRNE[i. - ME SITE S 01C SCOPE OF WORK WILL PPE%M .Y gSCREP.wCIES FOUND ON 7x5 SCOPE OF SUPPLY. IxPROL NFx, iP_w SVg)ffOg - � - C/B L9K[S1R- MRELFSS CdeP. t iD SE. JBm STREET MLtEtvE..A 58000 $OE_DYItlEB F rRES�x 'OSS CO,,Of CRKTK ACR [nERc n t OOUGVJ DR. n CIrv51A MH DR. MrwnfF•Axxnx n TRFM.HE LN _ )_MOBILE - WNxFMOtS OVES1 Bopp WEST )BIR SIREfl LIC ,Lao SOMA SS,]9 Ix SB"1I�F'�DUMESE l -MN. 55+3s -: G X3 ^A F B V /� RAW RAND 517E CO -LOCATION SITE Attu AMOD BF' CONTRACTOR MS MiF.pIT[ - - "NFP StS PLATFORM i-NOMLC COMRAC.R S -F.. FOANDARON CONTRACTOR ,ACTOR TOMR tr Bis PLATFORM rw-.N C MRACr CONTRWTOR PURGER CABINET (P ER/TEMC) -MOBRE NRAm-R RL cMN[T (POMR/TELCO) -WORSE MRACTOR PURCEU. CARRIET - -.MALE MRAC)oR SITE DIRECTIONS FR -NET - BA.LIE WS T --.E CONTRACTOR �1I CAWMK I- S loUORnl BFS CASNAs T-- i-xOBRE ANTENNA i-- CONTRACTOR SIE DINCTIONS: FRO. I-,9, NWr MMM ON I.N. I6 RWM TO IA ES TO EOICINE LME xp. AURA. PIG. Ai N[WCM[ TAKE OR t.9 mU5 TO DdId. S DR N. LErt Al Oq)GLAS OR. A TOR 1 MBfS IT. J2SO AK MGM A 3- AK. n. NA[S. DAX ANTENNA [ RACTOR CABLE I-NMxE I -ACTOR J COAX CABLE E OMRACTOR VMPER CABLES T-wOBRE CONTRACTOR .HPC" C.LES L RACTOR L•U (I" NOW .RIPER) - ORRE CONRACTOR L HA (LOW HOAX _.E") -RLE CONTRACT. GROUNDING MTS FOR COAT -MOBLE EOMRACTOR GRDUxDING MTS FOR COM CONTRACTOR SIE M-N..AERULS OR COrnRAAOR 1-- WE GROUnOING `ATE_ TOR CONTRACTOR ,_NA _.T_ PRE A BRACKET NTRACTOR CONTRACTORx CALL 6 HOL. BEFORE DAGOAND GOPHER STATE ONE CALACCEPTANCE pUp11xG PIR tr BRACKET IM COMPiC1M WAKGUI✓E BPoOGE (EOPI 10 TNR MRACiM CdNfPACIOP ASE~~" N ) .N%S ([OM t0 OMR) TOR COMPACT. WAKGWM NADIDES (IDMS) [OMRACiOR COMPACTOR wAKEUIM UDDER (TOMS) FOR CONTPACiOR FCKf COMRACttIR CONTRALTOS MN CMTS MEABOoTNF x. TOLL FREE - -252-1166 r.tt D TOR COMRACF. LHOERMOLMO WORK NRACLOR CONTRACTORONSTx CODES AND STANDARDS fON ` 3"CWON" Un%R. O. -OR CO ACTORE �nD ABBREVIATIONS DRAWING INDEX -WORN COMRACt. 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BE MTERumFDO' 111 11 (i0 0[ O Br TNNER MAxVFACMRER) lE0 SlAOIVN �(FAlO vERBY uMCxl) NOTE: i uOBILE a) PPONCE EUNRF -MMILf CMR CmER ONER COO: FFNtIx[ e: uNaswNG PFP [Rv Es 1TO B[ PNNRp 10 vAiCx R[OVIREUEMS nEw xpxOPOIE) ICx ExNrxpx —E ./ NO BAR- 1--EE NxBvnRE aKtLEHxAtt T-NOBRE ]s' -b NONMOLE ./ AxTEnM ENCLOSURE Wix[l5 EOwpufM APPROMNATE DVNETER of DE' (TO BE DUERNINEO BF TOPER MwuFACTMCR) PURCELL ULTRI.1 SRE U9 EA F/I UNTS NpI) i-MGBILE r'r caORtoi'___________ ta-uaBILFaCNfoitCEo �MNSm PoLRE1NrtCxE ----------- G—RETE BUB pvC�pfwES RFMMCOAR CARLES (UnOCRgi0UN0) ENLARGED ELEVATION SCKE: T/x �T-0 5 KE: i TM µ0 rs N aOf IENBOOBI.EI�N W hINfIPCLB O r IM bn N 11 SINa a1 L6mrrrl�'pI [rgiMv M P . T Mobile: '11"E o `I��ANDINDON;p 11 or 5 J. GEIS nV— . BR°LRG"u°Fs " o A°VD L BE W —D. 1ENT FOE M6POPos - .49"NRR wllCx rt IB ' MINNEAPOLIS MARKET MRNSxD ""1-2 ma roo mo U. REQUIREMENTS ttPEJA/TMA ql— 1- -B GSM I RE.EC F- BANDN BAN.NENEO FDu WD Gs v IE!CFTNxDGSNMLCIWSOb51NB UMTS I � j l � ) J NOIEG: ---' t. i0 SERO OE.— ELNETCTTxCAL O niOT ETLNE I-- "Ts, T s, RSTEFMRN x., wAl INEN SEL la PROPER i -NO �NG L TROD -n- T-1111I III I T-NNBROE ART - 0 R nu IM I nu i IT -10— 1_u II i-- I AMEHM ,_G Tib 'E1 FMINO b I„ 11 I. I II II IMATE 1 R OF (I. BE MTERumFDO' 111 11 (i0 0[ O Br TNNER MAxVFACMRER) lE0 SlAOIVN �(FAlO vERBY uMCxl) NOTE: i uOBILE a) PPONCE EUNRF -MMILf CMR CmER ONER COO: FFNtIx[ e: uNaswNG PFP [Rv Es 1TO B[ PNNRp 10 vAiCx R[OVIREUEMS nEw xpxOPOIE) ICx ExNrxpx —E ./ NO BAR- 1--EE NxBvnRE aKtLEHxAtt T-NOBRE ]s' -b NONMOLE ./ AxTEnM ENCLOSURE Wix[l5 EOwpufM APPROMNATE DVNETER of DE' (TO BE DUERNINEO BF TOPER MwuFACTMCR) PURCELL ULTRI.1 SRE U9 EA F/I UNTS NpI) i-MGBILE r'r caORtoi'___________ ta-uaBILFaCNfoitCEo �MNSm PoLRE1NrtCxE ----------- G—RETE BUB pvC�pfwES RFMMCOAR CARLES (UnOCRgi0UN0) ENLARGED ELEVATION SCKE: T/x �T-0 5 KE: i TM µ0 rs N aOf IENBOOBI.EI�N W hINfIPCLB O r IM bn N 11 SINa a1 L6mrrrl�'pI [rgiMv M P . T Mobile: '11"E o `I��ANDINDON;p 11 or 5 J. GEIS nV— . BR°LRG"u°Fs " o A°VD L BE W —D. 1ENT FOE M6POPos - .49"NRR wllCx rt IB ' MINNEAPOLIS MARKET MRNSxD ""1-2 ma roo mo U. REQUIREMENTS ttPEJA/TMA ql— 1- -B GSM I RE.EC F- BANDN BAN.NENEO FDu WD Gs v IE!CFTNxDGSNMLCIWSOb51NB UMTS I FOR MORE INFORNNION REFER TO BRANDROD —ING EBB TE'. BE T_MOBRE CMR MBLEB n L E AVA CMx EARLEE NOTES: t. PUM. [NILE LE 4YN5 —E0 .1 MPBEEN �ROx NATE RN.EDAND EARE xDTo ON �S[ ME DEO TCUSED FOR OFRDD" �LENGIISS REOUFED uAT BFRON LE rs TABULATED. ffi 2. xNA/C— CAR. TO BE COLOR COPED AT 1MEE (D) LOMOORS uSuaG 1/1' BICE M ELECTMCM. TORE. M TONER (ANIExlN LFEL) B. 045E OF TONER C. AT RTS CAMxEI CMNFCipN PoNRI µtON. (!) PD B .FORiR As To—:arts —WED TOP OF TONER (—NA—) ONE END NE -1 B. BOTTOM Or IGBEP, oFE END ME— CONNECTED TO R—D BAR x. CiwiCnNb FOR 1:1=':=K SPACED AT NOT I.— DYN 10'-0' APAgi. !. ONC MA _ I -N. �L �E ME—REDx1M TRUE Min E N. C SrtF K .Y IENBIRIS 1 NEVE xDIFTN. E911 ANTENNA REQUIREMENTS AVTExNA IYWN EABI! fiPE Si WWIIi M COLOR CODE GPB LT IseslaA) _ p1/r _ DOMTILT CONTROL REQUIREMENTS BASSETT CREEK PARK A10242 ANTENNA INFO. & TOWER ELEVATION 6001 OYNO AVENUE N CRYSTAL, MINNESOTA N,ND xMwERA10242-A7 moron IMINMEW FOR MORE INFORNNION REFER TO BRANDROD —ING EBB TE'. BE T_MOBRE CMR MBLEB n L E AVA CMx EARLEE NOTES: t. PUM. [NILE LE 4YN5 —E0 .1 MPBEEN �ROx NATE RN.EDAND EARE xDTo ON �S[ ME DEO TCUSED FOR OFRDD" �LENGIISS REOUFED uAT BFRON LE rs TABULATED. ffi 2. xNA/C— CAR. TO BE COLOR COPED AT 1MEE (D) LOMOORS uSuaG 1/1' BICE M ELECTMCM. TORE. M TONER (ANIExlN LFEL) B. 045E OF TONER C. AT RTS CAMxEI CMNFCipN PoNRI µtON. (!) PD B .FORiR As To—:arts —WED TOP OF TONER (—NA—) ONE END NE -1 B. BOTTOM Or IGBEP, oFE END ME— CONNECTED TO R—D BAR x. CiwiCnNb FOR 1:1=':=K SPACED AT NOT I.— DYN 10'-0' APAgi. !. ONC MA _ I -N. �L �E ME—REDx1M TRUE Min E N. C SrtF K .Y IENBIRIS 1 NEVE xDIFTN. E911 ANTENNA REQUIREMENTS AVTExNA IYWN EABI! fiPE Si WWIIi M COLOR CODE GPB LT IseslaA) _ p1/r _ DOMTILT CONTROL REQUIREMENTS BASSETT CREEK PARK A10242 ANTENNA INFO. & TOWER ELEVATION 6001 OYNO AVENUE N CRYSTAL, MINNESOTA N,ND xMwERA10242-A7 moron Crystal Parks and Recreation Advisory Commission Meeting Notes Excerpt July 9, 2008 T here was not a quorum at this meeting: members present were Mr. Gentry, Ms. Haney and Mr. Ayshford. Mr. Mathisen gave a brief background on the request by T Mobile to locate a cell pole at Bassett Creek Park. The present city code was written 10+ years ago when these poles were a relatively new facility. With the increase in technology, the poles have been made to blend in more naturally to the surroundings and be utilized as athletic facility lighting in addition to cell service. An example of a similar structure in Edina was distributed — it is used as hockey rink lighting. Mr. Mathisen added that the new radio read water meters may need collector antennas located a various points in the city and could be located on the pole or a similar structure. Mr. Gentry thought that it is wise for the city to address this issue as more people rely on their electronic devices and expect continuous service throughout the metro area. He didn't see any issue with locating this at Bassett Creek Park. He encouraged the use of the pole by multi carriers. Mr. Mathisen said that would be included in the contract that carriers co -locate. Ms. Norris said that the current ordinance already has that in it. Ms. Haney said she had no problem with this, as did Mr. Ayshford. Other discussion/questions were: • Can the city request that T Mobile upgrade the wiring and possible the light fixtures? Mr. Mathisen indicated that we can try to include that in the contract. • T Mobile indicated that they wanted a lease or easement to access their equipment. Mr. Mathisen said that the city would just let them come in. • Is wildlife affected by these towers? Mr. Mathisen said the only studies he has heard of concerns honeybees — that the frequency may disrupt their abilities. • The lease fee was discussed — it was felt that the fee offered is the same as 10 years ago so that may have to be negotiated. Since there was not a quorum, a motion could not be made. Meeting notes will be forwarded to the City Council for their discussion on July 15tH EXHIBIT B Page I of 2 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING REGARDING SPECIAL LAND USE APPLICATION 2008-09 ZONING ORDINANCE TEXT AMENDMENT TO ALLOW CERTAIN TYPES OF TELECOMMUNICATIONS TOWERS AS A CONDITIONAL USE IN ALL ZONING DISTRICTS, SUBJECT TO LIMITATIONS ON HEIGHT, DESIGN, LOCATION AND OTHER FACTORS NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Crystal will meet on Monday, August 11, 2008, at 7:00 p.m. or as soon thereafter as the matter may be heard, at Crystal City Hall, 4141 Douglas Drive North, in said City, to consider the following application submitted by the City of Crystal: Special Land Use Application 2008-09 City code currently only allows commercial telecommunications towers on I-1 zoned property anywhere in the city (as a permitted use) and on C-2 zoned property in the West Broadway/Bottineau Boulevard corridor (as a conditional use). Telecommunications providers have expressed an interest in installing a newer style of tower that is generally smaller and less obtrusive than the towers that were common when the current regulations were first adopted. These newer towers are often called "stealth" towers and are typically used by telecommunications providers to fill gaps in coverage between the larger towers already in operation. The city is considering whether to amend its zoning code to allow such towers and related equipment as a conditional use throughout the city, subject to limitations and considerations including but not limited to (1) the height of the tower; (2) the design of the tower including its shape and materials; (3) the topography of the tower site and adjacent properties; (4) the character of existing and planned uses near the tower site; (5) separation distances between the tower and adjacent buildings, structures and properties; and other applicable factors. Note: City code already has provisions governing antennas for amateur radio operators ("HAMs') in all zoning districts. The proposed ordinance amendment currently being considered would not impact amateur radio equipment already permitted by city code. On or about August 4, 2008, a copy of the proposed ordinance amendment will be available for public review at Crystal City Hall, 4141 Douglas Drive North, during regular business hours. If you have questions about this application, you may contact City Planner John Sutter by calling 763.531.1142 or emailing john.sutternci.crystal. inn. us. Persons desiring to be heard on this matter are invited and encouraged to attend the public hearing. Persons unable to attend may submit written comments prior to the date of the hearing to: Community Development Department, City of Crystal, 4141 Douglas Dr N, Crystal MN 55422. EXHIBIT C Page 2 of 2 - Auxiliary aids for handicap persons are available upon request at least 96 hours in advance. Please call the City Clerk at 763-531-1000 to make arrangements. Deaf and Hard of Hearing callers should contact the Minnesota Relay Service at 800-627-3529 V/TTY or call 711 to be connected to a TTY. TIM BUCK, SECRETARY, PLANNING COMMISSION Published in the Sun Post on Thursday July 31, 2008 Crystal City Code Section 515.21 Proposed changes are in red bold text August 11, 2008 Planning Commission public hearing 515.21. Telecommunications Towers. Subdivision 1. Findings. The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 ("the Act") grants the Federal Communications Commission (FCC) exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from telecommunications facilities and the regulation of radio signal interference among users of the radio frequency spectrum. Consistent with the Act, the regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services. Subd. 2. Purpose. The general purpose of this subsection is to regulate the placement, construction and modification of telecommunication towers and facilities in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city. Specifically, the purposes of this subsection are: a) To regulate the location of telecommunication towers and facilities. b) To protect residential areas and land uses from potential adverse impacts of telecommunication towers and facilities. C) To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques. d) To promote and encourage shared use and co -location of telecommunication towers and antenna support structures. e) To avoid potential damage to properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound. f) To ensure that telecommunication towers and facilities are compatible with surrounding land uses. g) To facilitate the provision of wireless telecommunications services to the residents and businesses of the city in an orderly fashion. Subd. 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) "Antenna support structure" means any building, athletic field lighting, water tower, or other structure other than a tower,, which can be used for location of telecommunications facilities as an accessory, subordinate use. New structures built for the purpose of PAGE IOF8 EXHIBIT D ^►., attaching telecommunications facilities are "towers" not "antenna support structures" for the purpose of the code. For example, if an athletic field light pole would be replaced by a taller pole to facilitate installation of an antenna then the new pole would be classified as a "tower" not an "antenna support structure" even if lights would be mounted to it in a manner similar to the way they were mounted to the previous light pole. b) "Applicant" means any person that applies for a tower development permit. C) "Application" means the process by which the owner of a plot of land within the city submits a request to develop, construct, build, modify or erect a tower upon such land. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request. d) "Engineer" means any engineer licensed by the state of Minnesota. e) "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. f) "Stealth" means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof -mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than a tower such as light poles, power poles, and trees. g) "Telecommunications facilities" means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, the term "telecommunications facilities" shall not include any satellite earth station antenna 1 meter or less in diameter, or any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned industrial or commercial. h) "Telecommunications tower" or "Tower" means a self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term tower shall not include amateur radio operations equipment licensed by the FCC. Subd. 4. Development of Towers. a) A tower is a permitted use in the I-1 light industrial district. A tower may not be constructed unless a site plan has been approved by the city council and a building permit has been issued by the building official. The applicant and property owner must submit a Special Land Use Application including the required application fee for a telecommunications tower in accordance with the fee schedule adopted by the City Council. b) A tower is a conditional use in the C-2 general commercial district, but only on property '14N that that is guided for mixed use - West Broadway / Highway 81, as shown in the future land use map in the Crystal comprehensive plan. The applicant and property owner must submit a Special Land Use Application including the required application fees PAGE 2 OF 8 9 for a telecommunications tower and a conditional use permit in accordance with the fee schedule adopted by the City Council. A tower may not be constructed unless a conditional use permit has been issued by, and site plan approval obtained from, the city council; and such approval may only be granted if the City Council finds that the general Conditional Use Permit criteria in Section 515.05 Subd 3 a) are met. A tower also may not be constructed unless a building permit has been issued by the building official. cc) A tower is a conditional use in all zoning districts if it meets all of the following minimum criteria in addition to other standards contained in this Subsection or elsewhere in City Code: 1) The applicant and property owner submit a Special Land Use Application including the required application fee for a telecommunications tower plus the fee for a conditional use permit in accordance with the fee schedule adopted by the City Council. 2) The City Council finds that the general Conditional Use Permit criteria in Section 515.05 Subd. 3 a) are met. 3) The City Council finds that the proposed tower site is the best available site within the area where a tower is needed to address a service problem such as a gap in coverage. 4) The City Council finds that the design of the tower, including factors such as shape, materials, and finishes, adequately uses stealth techniques to minimize its impact on the character of the surrounding area. 5) No tower shall be located on a lot having an area of less than 2 acres. 6) No tower shall be located on a lot having as its principal use a dwelling, regardless of whether said dwelling is single family, two family or multiple family. 7) No part of the tower shall be located within 165 feet (1/32 mile) of any single family or two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot line. 8) No part of the tower shall be located within 82.5 feet (1/64 mile) of any playground, herein defined as a public or private play area having equipment such as swings, slides, and similar facilities designed primarily for use by children but not including athletic facilities such as baseball or soccer fields designed for use by adults as well as children. 9) The height of the tower shall not exceed 82.5 feet (1/64 mile). 10) The height of the tower shall not exceed 50% of the distance from any part of the tower to the nearest lot line of an adjacent property having a single family or two family dwelling. PAGE 3OF8 (1) The city may authorize the use of city property in accordance with the procedures of this Code. The city shall have no obligation to use city property for such purposes. d c) Unless the applicant presents clear and convincing evidence to the city manager that co - location is not feasible, a new tower may not be built, constructed or erected in the city unless the tower is capable of supporting at least 1 telecommunications facility comparable in weight, size and surface area to the one located on the tower by the applicant; except that this requirement is not applicable to towers that are a conditional use in all zoning districts in accordance with Subd 4 0 above. e f) An application to develop a tower shall include: 1) The names, addresses and telephone numbers of all owners of other towers or antenna support structures within a half mile radius of the proposed new tower site. 2) Written documentation that the applicant has made diligent but unsuccessful efforts for permission to install or co -locate the applicant's telecommunications facilities on towers or antenna support structures within a half mile radius of the proposed new tower site. 3) Written, technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co -located on another person's tower or antenna support structure located within a half mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system. 4) A written statement from an engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications service enjoyed by adjacent residential and non-residential properties. 5) Written evidence from an engineer that the proposed structure meets the structural requirements of this Code. 6) Written information demonstrating the need for the tower at the proposed site in light of the existing and proposed wireless telecommunications network(s) to be operated by persons intending to place telecommunications facilities on the tower. 7) An application fee in the amount fixed by appendix IV. t �) Setbacks. 1) A tower must be located on a single parcel having a dimension equal to the height of the tower, as measured between the base of the tower located nearest the property line and the actual property line, unless a qualified engineer specifies in writing that the collapse of the tower will occur within a lesser distance under reasonably foreseeable circumstances. PAGE 4 OF 8 101* -k 2) Setback requirements for towers are measured from the base of the tower to the property line of the parcel on which it is located. 3) Towers may not be located between a principal structure and a public street, with the following exceptions: i) In the I-1 district, towers may be placed within a side yard abutting an internal industrial street. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street. iii This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 0 above g Structural Requirements. Towers must be designed and certified by an engineer to be structurally sound and, at minimum, in conformance with the international building code and any other standards set forth in this subsection. h D Height. A tower may not exceed 165 feet in height. v Separation or Buffer Requirements. Towers must be separated from all residentially zoned lands by a minimum of 90 feet or 150% of the height of the proposed tower, whichever is greater. The minimum tower separation distance shall be calculated and applied irrespective of city jurisdictional boundaries. Measurement of tower separation distances for the purpose of compliance with this subsection shall be measured from the base of a tower to the closest point of the proposed site. This requirement does not apply to towers that are a conditional use in all zoning districts in accordance with Subd 4 0 above. Method of Determining Tower Height. Measurement of tower height must include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height is measured from grade. #!) Illumination. Towers may not be artificially lighted except as required by the Federal Aviation Administration (FAA). At time of construction of a tower, in cases where there are residential uses located within a distance from the tower which is 3 times the height of the tower, dual mode lighting must be requested from the FAA. Notwithstanding this provision, the city may approve the placement of an antenna on an existing or proposed lighting standard, provided that the antenna is integrated with the lighting standard. 1 Exterior Finish. Towers not requiring FAA painting or marking must have an exterior finish as approved by the appropriate reviewing body. Fes. Fences constructed around or upon parcels containing towers, antenna support structures, or telecommunications facilities must be constructed in accordance with the applicable fencing requirements in the zoning district where it is located, unless more stringent fencing requirements are required by FCC regulations. PAGE 5 OF 8 i -►N no) Landscaping. Landscaping on parcels containing towers, antenna support structures or telecommunications facilities must be in accordance with the landscaping requirements of city code and as shown in the approved site plan. Utility buildings and structures accessory to a tower must be architecturally designed to blend in with the surrounding environment and to meet such setback requirements as are compatible with the actual placement of the tower. Ground mounted equipment must be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the character of the surrounding neighborhood. Accessory buildings may not be more than 2,000 square feet in size. o p) Security. Towers must be reasonably posted and secured to protect against trespass. p _q) Access. Parcels upon which towers are located must provide access during normal business hours to at least 1 paved vehicular parking space on site. q, Stealth. To the extent reasonably practical, towers must be of stealth design. s) Other Telecommunications Facilities. Telecommunications facilities not attached to a tower may be permitted as an accessory use to any antenna support structure at least 75 50 feet and no more than 100 feet in height regardless of the zoning restrictions applicable. The owner of such structure must, by written certification to the building official, establish the following facts at the time plans are submitted for a building permit: 1) That the height from grade of the telecommunications facilities and antennae support structure does not exceed the maximum height from grade of permitted structures by more than 20 feet. 2) That the antenna support structure and telecommunications facilities comply with the ii"building code; 3) That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back 1 foot from the edge of the primary roof for each 1 foot in height above the primary roof of the antenna support structure. This setback requirement does not apply to antennas that are mounted to the exterior of antenna support structures below the primary roof and do not protrude more than 6 inches from the side of the antenna support structure. Screened telecommunications facilities and their appurtenances are exempt from setback requirements. 9 !) Existing Towers. 1) An existing tower may be modified or demolished and rebuilt to accommodate co -location of additional telecommunications facilities as follows: i) Application for an appropriate city permit shall be made to the city council. ii) The total height of the modified tower and telecommunications facilities attached thereto shall not exceed the maximum height for towers allowed under this subsection. PAGE 6 OF 8 2) A tower that is being rebuilt to accommodate the co -location of additional telecommunications facilities may be relocated on the same parcel subject to the setback requirements of this subsection. However, if it is impossible for the tower to be rebuilt in compliance with the setback requirements of this subsection, such setback requirement shall be waived to allow the tower to be rebuilt in its exact previous location. t u) Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers and associated above -ground facilities must be removed within 6 months of the cessation of operations of an antenna facility at the site unless an extension is approved by the city manager. A copy of the relevant portions of a signed lease that requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. If a tower is not removed within 6 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property pursuant to section 635 of city code. a v) Variances. The city council may grant a variance to the setback, separation or buffer requirements, and maximum height provision of this subsection based only on the criteria set forth in subsection 515.05, subdivision 2. v w) Additional Criteria for Variances. The city council may grant a variance pursuant to subsection 515.05, subdivision 2 if the applicant also demonstrates all of the following �.� with written or other satisfactory evidence: 1) The location, shape, appearance or nature of use of the proposed tower will neither substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located. 2) The variance will not create any threat to the public health, safety or welfare. 3) In the case of a requested modification to the setback requirement, that the size of parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to a residentially zoned land. 4) In the case of a request for modification to the separation requirements of subsection 515.21, subdivision 4 i), that the proposed site is zoned I-1 and the proposed site is at least double the minimum standard for separation from residentially zoned lands. 5) In the case of a request for modification of the separation requirements, if the person provides written technical evidence from an engineer that the proposed tower and telecommunications facilities must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system and if the person agrees to create approved landscaping and other buffers to screen the tower from being visible to the residential area. PAGE 7 OF 8 .-� 6) In the case of a request for modification of the maximum height limit, that the modification is necessary to (1) facilitate co -location of telecommunications facilities in order to avoid construction of a new tower; or (2) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer. w x) Inspections. The city may conduct inspections at any time, upon reasonable notice to the property owner and the tower owner to inspect the tower for the purpose of determining if it complies with the international building code and other construction standards provided by city code, state law, and federal law. The expense related to such inspections shall be borne by the property owner. Based upon the results of an inspection, the building official may require repair or removal of a tower. x y) Maintenance. Towers must be maintained in accordance with the following provisions: 1) Tower owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. 2) Tower owners must install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electric safety code and all federal communications commission, state and local regulations, and in such a manner that they will not interfere with ,.,.� the use of other property. WMW 3) Towers, telecommunications facilities and antenna support structures must be kept and maintained in good condition, order, and repair. 4) Maintenance or construction on a tower, telecommunications facilities or antenna support structure must be performed by qualified maintenance and construction personnel. 5) Towers must comply with radio frequency emissions standards of the federal communications commission. 6) In the event the use of a tower is discontinued by the tower owner, the tower owners must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. PAGE 8 OF 8 EXHIBIT E Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/5/2008 10.30:06 AM Current Parcel Date: 7/4/2008 http://gis.co.hennepin.nin.us/HCPropertyMap/Locator.aspx 08/05/2008 Nennepin County Property Map Print Page I of I Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this pageshould be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. sit M V Selected Parcel Data N. Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (scift): Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/5/2008 10:25:14 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page 1 o� 1 Hennepin County Property Map - Tax Year: 2008 ` The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of ma rias herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. _ _ I 7" _ 7*a1) - 7DD7 67 t >r Di 170_7 7lw1' -FDf� - `Ti Selected Parcel Data Date Printed: 8/5/2008 10:32:18 AM Parcel ID: Current Parcel Date: 7/4/2008 Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total Tax Total: J MA 3 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 PIennepin County Property Map Print Page 1 of 1 BASS LAKE RDr 56TH AVE N so .� _ Selected Parcel Data Date Printed: 8/5/200810:34:00 AM Parcel ID. Owner Name: Current Parcel Date: 7/4/2008 Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total - MAP N #4 http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page 1 of 1 &W WIN Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx V541. - J 1221 53-ts Date Printed: 8/5/2008 11:03:38 AM z i. Current Parcel Date: 7/4/2008 Sale Price: d � 1 Sale Date: Sale Code: 08/05/2008 -leimepin County Property Map Print Page 1 of 1 Hennepin County Property Map Tax Year: 2008 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. s Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. I! Selected Parcel Data a` Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/5/2008 11:04:44 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page I of I Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only, Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or Its derivatives 54 S60 sGrH AV15 N 5426 520i. 5 1, 5 5 A 414 77 5424 ;lea Selected Parcel Data Date Printed: 8/5/2008 11:07:21 AM Parcel ID: Current Parcel Date: 7/4/2008 http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/05/2008 Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sqft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page 1 o ' 1 Hennepin County Property Map Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this Information or Its derivatives. 11333 _b, -53 5117 s3D9 5n-01- 00g.- 5 it 3a0 3 12 ss2 s 316 5308 ,UO 5206 zfi0 a� 21 511G S 0& �su0 D24 ;5 U 6 r011 �CjUO _ 4924, Selected Parcel Data Date Printed: 8/5/2008 11.07:57 AM a Parcel ID: Current Parcel Date: 7/4/2008 Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: MA #9 http://gis.co.hennepin.mn.us/HCPropertyMapALocator.aspx 08/05/2008 Hennepin County Property Map Print Page 1 of 1 ,�s� a� �Adli4i Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A -T -s: Market Total: Tax Total: Date Printed: 8/5/2008 11:10:49 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: N #10 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page I ore I .Hennepin County Property Map ® Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed bya licensed land surveyor. The perimeter and area (Square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this information or its derivatives. Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sqft): Sale Code: Area (acres). - A -T -B: Market Total: Tax Total: Date Printed: 8/5/2008 11:09:00 AM Current Parcel Date: 7/4/2008 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed i land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. ^Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or Its derivatives. '.. _ � -�s_ fON Selected Parcel Data �., Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Date Printed: 8/S/2008 11:09:S2 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: Area (acres): A -T -B: Market Total Tax Total: �-� MAP ##'12 http://gis.co.hennepin.n-tn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page I of I Hennepin County Property Map ® Tax Year: 2008 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 4 j'S 0 ---46TH A . . . . . . . . . . 1554,$55" !� :2�5 45 41 V 7- 4527 -2 2 41 um- 45 9 Selected Parcel Data Parcel I Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sqft).- Sale Code: Area (acres): A -T -B: Market Total: Tax Total: N Date Printed: 8/5/2008 11:11:44 AM Current Parcel Date. 7/4/2008 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx MAh' #13 08/05/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 'he data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed and surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes onli lennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this Information or its derivatives. Selected Parcel Data 1 _ Parcel ID: Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: Date Printed 8/5/2008 11:12:49 AM Current Parcel Date: 7/4/2008 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/05/2008 Hennepin County Property Map Print Page I of. I Hennepin County Property Map ® Tax Year: 2008 SII The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only, Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 0WIL r- t -4243 7 -32 - 379 - 2ri- 431GT�W 43 U2211 4St 642A640 Selected Parcel Data Parcel ID: -3M Owner Name. it x Parcel Address: Property Type: lgg Homestead: Area (sqft): Area (acres): it f A -T -B,. Market Total: Tax Total: Date Printed: 8/6/2008 3:10:58 PM Current Parcel Date, 8/4/2008 Sale Price: Sale Date: Sale Code: M http://gis.co.hennepin.nin.us/HCPropertyMap/Locator.aspx 08/06/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map ®'fax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed i land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The Information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentationof this information or its derivatives. s Selected Parcel Data L Parcel ID: Owner Name: Date Printed: 8/6/2008 3:13:35 PM Current Parcel Date: 8/4/2008 Parcel Address: Property Type: Sale Price: I� Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: € Market Total: Tax Total: hftp://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx 08/06/2008 Hennepin County Property Map Print Page I of -1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed Z land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or Its derivatives. S -A tm 7 F—PW-- 52 4 F U i. 60 gap" - 4W 3 D 1 ---------------------------------- liff ZZI 177 its S32-1 5316- 306 0 51 2 2,1 , 35TH AVE N 325 51!7�lfsjlj 53U_ 225 Z Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/6/2008 3:17:49 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: 7 I MA http://gis.co.hennepin.n-m.us/HCPropertyMap/Locator.aspx 08/06/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx Date Printed: 8/6/2008 3:20:57 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: 08/06/2008 Hennepin County Property Map Print Page 1 of -1 015 Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: r� d Date Printed: 8/6/2008 3:21:18 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: omes_ea . Area (sqft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. ; Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. - - K In Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Area (acres): A -T -B: Market Total: Tax Total http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx Date Printed: 8/6/2008 3:22:04 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: 08/06/2008 Hennepin County Property Map Print Page 1 oil! I Hennepin County -Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation -of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. :il 251 3z -5 -W--sem 332f- _ 332G 3227a f WRM Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/6/2008 3:22:29 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx MAL-_ #21 08/06/2008 lennepin County Property Map Print Page 1 of 1 Hennepin County Property Map Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. fi8U6 6804 6724 Dfyt d Z Etta HOW SO Selected Parcel Data ME M Date Printed: 8/6/2008 3:22:53 PM u. • Parcel ID: Current Parcel Date: 8/4/2008 Owner Name: Parcel Address: Property Type: Sale Price: Homestead: Sale Date: Area (sgft): Sale Code: Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/06/2008 Hennepin County Property Map Print Page 1 W:1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and Is not responsible for any misuse or misrepresentation of this information or its derivatives. HEM ar 9M Selected Parcel Data # Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sgft): Date Printed: 8/6/2008 3:16:34 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/06/2008 'Hennepin County Property Map Print Page I of I Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. ed Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A -T -B: Market Total: Tax Total: http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx -1- --------- - Date Printed: 8/7/2008 8:23:39 AM Current Parcel Date: 8/4/2008 Sale Price: Sale Date: Sale Code: 08/07/2008 Hennepin County Property Map Print Page 1 of 1 3 = = un _ 4! x000 E'2jAft— s� M26771, r 7' E�2S W ,: _ --L _7's 0 (I'M 2 P G g- _ Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A -T -B: Market Total: Tax Total: Date Printed: 8/6/2008 3:24:28 PM Current Parcel Date: 8/4/2008 Sale Price: Sale Date.- Sale ate:Sale Code: 11 OR http://gis.co.hennepin.nm.us/HCPropertyMap/Locator.aspx 08/06/2008 IV CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS August 4: 2008: 1. The Council considered a variance for 3733 Vera Cruz Avenue North (Bethany Russian Baptist Church) to place an accessory storage building closer to a street than the principal building. Motion carried to approve the variance. 2. The Council considered the First Reading of an ordinance amendment making a technical correction to Sections 515.37 and 515.41 of City Code pertaining to accessory uses in R-2 and R-3 districts. Motion carried to approve the First Reading; the Second Reading will be held on Tuesday, August 19.