2020.05.19 Work Session Packet 1st
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: May 15, 2020
City Council
Work Session Agenda
May 19, 2020
6:20 p.m.
Council Chambers/Zoom Meeting
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held at ______ p.m. on May 14, 2020 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Adams ____ Norris
____ Banks ____ Therres
____ Budziszewski ____ Gilchrist
____ Deshler ____ Revering
____ Kiser ____ Larson
____ LaRoche ____ Olson
____ Parsons ____ Sutter
____ Ray
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. West Metro Fire-Rescue District update.
2. Proposed Unified Development Code updates and amendments.
III. Adjournment
The work session adjourned at ______ p.m.
*Denotes no supporting information included in the packet.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-
1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
UDC AMENDMENTS
PAGE 1 OF 3
___________________________________________________________________________
FROM: Dan Olson, City Planner
TO: Anne Norris, City Manager (for May 19 City Council work session)
DATE: May 14, 2020
RE: Ordinance amendments to unified development code
___________________________________________________________________________
A.BACKGROUND
Staff is requesting City Council discussion of proposed amendments to the unified
development code (UDC). The proposed amendments are corrections or clarifications,
with the exception of two policy questions:
•Minimum lot size. Reduce the minimum lot area requirement for two-family
dwellings from 12,000 sq. ft. to 10,000 sq. ft. This change would increase the share
of R-1 parcels eligible for a two-family dwelling from approximately 10% to 15%.
•Per-unit requirements. Eliminate the per-unit requirements from the minimum lot
size requirements. The per-unit requirements are effectively a density standard that
is not necessary because density is limited elsewhere in the code.
Attachment:
A.Proposed UDC amendments
B.PROPOSED AMENDMENTS
Lot area requirements.
1.Reduce the minimum lot area for two-family homes from 12,000 to 10.000 sq. ft.:
The effect of this change would largely occur within the R -1 district where the
approximate share of parcels eligible for a two-family dwelling would increase
from 10% to 15%.
The policy rationale is to provide more opportunity for property owners to
respond to market demand for additional housing units while still preserving
the overall character of neighborhoods in the R-1 district.
COUNCIL STAFF REPORT
Discuss UDC amendments
UDC AMENDMENTS
PAGE 2 OF 3
Requirement Crystal Golden
Valley
Robbinsdale New Hope Brooklyn
Center
Minimum
Lot Area for
Two-Family
Dwellings in
R-1
12,000 SF
10,000 SF
Two-family
not allowed
in R-1
Two-family
not allowed
in R-1
Two-family
not allowed
in R-1
Two-family
not allowed
in R-1
Minimum
Lot Area for
Two-Family
Dwellings in
R-2
12,000 SF
10,000 SF
10,000 SF 7,500 SF 12,000
SF(two
stacked
units)
10,000 SF
(two units
side by
side)
12,400 SF
Minimum
Lot Area for
Two-Family
Dwellings in
R-3
12,000 SF
10,000 SF
15,000 SF 7,500 SF 10,000 SF
(two units
side by
side)
Two-family
not allowed
in R-3
2. Remove the per-unit requirements from the minimum lot area requirement and
reduce the minimum lot size.
The effect of this change would be to eliminate a duplicative density limit that
will typically be stricter than the density limit elsewhere in the code. For
example, the vacant site at 3401-3415 Douglas could have up to 16 units
based on the maximum density in the code but only 10 units based on the
per-unit requirement for the minimum lot size.
The policy rationale is to remove a second, conflicting density requirement
from a place it doesn’t belong (the lot size requirement), and simplify the lot
size requirement so it is similar to other cities.
Requirement Crystal Golden
Valley
Robbinsdale New Hope Brooklyn
Center
Minimum
Lot Area for
Other
Residential
Uses in R-2
3,000 SF
per unit
(minimum
10,000 SF)
Other
residential
uses not
allowed
4,200 SF
per
townhome
unit
15,000 SF Range of
1,400 SF-
5,400 SF
per unit
Minimum
Lot Area for
Other
Residential
Uses in R-3
1,200 SF
per unit
(minimum
20,000 SF)
10,000 SF
15-20,000
SF
500-1,500
SF per apt
unit, 4,200
SF per
townhome
unit
15,000 SF Range of
1,400 SF-
5,400 SF
per unit
Other UDC amendments
1. Final plat recording. Language has been added to clarify when a final plat is to be
recorded for both lot consolidation and subdivision applications.
2. Density requirements in TC-PD overlay district. Language has been added to clarify
that density can be exceeded in this overlay district, but if the building height
requirements are to be exceeded, the applicant shall receive approval of the increased
height before the additional density can be constructed. If the building is constructed to
meet the requirement of 60’ or 5 stories, whichever is less, there are no performance
standards to meet in constructing the increased densities.
UDC AMENDMENTS
PAGE 3 OF 3
3. Use standards for specialized care facilities. The current requirement limits this use to
arterial, collector and state-aid streets. The UDC was previously amended to regulate
this use by the number of occupants of the facility rather than its location. This
amendment is to clarify that the use does not have to be located on a specific type of
street.
4. Telecommunication ordinance (cell towers). Staff proposes re-organizing the
requirements to make them easier to understand. The most significant changes are to
replace minimum lot size requirements with separation distance requirements, based
on comments received at the public hearing for the new Verizon tower at 3200 Vera
Cruz. Staff also proposes removing exceptions for placing a tower in the front or corner
side yard of a property. Changing this requirement is consistent with best practices in
the industry. If a particular site has unique characteristics or challenges that require a
tower between the building and a public street, then the variance process is an
available remedy.
5. Encroachment table. This amendment is to delete deck setback requirements
inadvertently placed in the encroachment table.
6. Height of detached accessory dwelling units (ADU). Currently a detached ADU cannot
exceed 20’ or the height of the home, whichever is less. Based on building code
requirements for building an apartment above a garage, the numerical limit should be
22’ rather than 20’ and the limit based on the height of the home would not apply to that
type of ADU. For all other ADUs, the height would be limited to 22’ or the height of the
home, whichever is less.
7. Number of parking spaces for preschools. Currently there is no specific parking
requirement for preschools. Staff proposes that preschools have the same required
number of parking spaces as elementary and middle schools.
8. Stormwater plan. This amendment corrects an internal inconsistency in the stormwater
management regulations as to when a stormwater plan is to be submitted.
C. PROPOSED SCHEDULE FOR ADOPTION
The following is the proposed schedule for adopting a new ordinance:
June 8 Planning Commission public hearing
June 16 Council considers first reading of ordinance
July 21 Council considers second reading and adoption
July 30 Summary of ordinance published
August 29 Effective date of ordinance
Staff will publish a hearing notice in the Sun Post newspaper and post the notice on the
city’s website and social media.
D. REQUESTED ACTION
Staff requests Council discussion and direction to staff regarding these proposed
ordinance amendments. The next step would be a Planning Commission public
hearing, discussion and recommendation on the amendments, followed by Council
action.
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Figure 3: Illustration showing yards for through lot
Subd. 99. Lot line, rear. “Lot line, rear” means the lot line not intersecting a front lot line
that is most distant from and most closely parallel to the front lot line.
Subd. 100. Lot line, side. “Lot line, side” means any lot line that is not a front, rear or
corner side lot line.
Subd. 101. Lot line, corner side. “Lot line, corner side” means any street-abutting lot line
that is not a front or rear lot line.
Subd. 102. Lot of record. “Lot of record” means land designated as a separate and distinct
parcel in a subdivision, the plat of which has been recorded in the office of the recorder of
Hennepin County, Minnesota; or a parcel of land, the deed to which was recorded in the office of
the recorder or registrar of titles of Hennepin County, Minnesota prior to the adoption of the
ordinance codified in this UDC.
Subd. 103. Lot width. “Lot width” means the horizontal distance between side lot lines. In
the case of irregularly shaped lots located on a cul-de-sac or curved street, or corner lots that are
neither a square, rectangle, or parallelogram, lot width shall be measured at the required front and
rear setback lines.
Subd. 104. Lowest floor. “Lowest floor” means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage in an area other than a basement area, is not considered a
building’s lowest floor; provided, that such enclosure is not built so as to render the building in
violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations,
Part 60.3.
Subd. 105. Manufactured home. “Manufactured home” has the meaning given in
Minnesota Statutes, section 327.31. The term “manufactured home” does not include the term
“recreational vehicle.”
Attachment A
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Subd 5. Deed consolidation. Upon approval of any adjacent parcel land conveyance
pursuant to the terms of this section, the applicant shall record with the County Recorder
or Registrar of Titles an updated deed which combines the legal descriptions for the
original lot and that part of the adjacent parcel which has been conveyed to the applicant
pursuant to this section. The applicant shall provide the city with evidence of the recording
of such instrument within 30 days of approval of such application hereunder.
510.23. Lot consolidation.
Subd. 1. Applicability. A lot consolidation shall meet the following requirements. If these
requirements are not met, the property owner will be required to apply for a subdivision application
as provided in the Crystal city code, subsection 510.25.
(a) All parcels resulting from the lot consolidation shall have frontage and access on an
existing improved street and shall not require the construction of any new street.
(b) Any such consolidation shall not require any public improvements, with the exception
of sidewalks, bike paths or trails, and does not include conveyance of an interest in real
property to the city.
Subd. 2. Approval procedure.
(a) Lot consolidations shall be submitted in writing to the zoning administrator and shall
be subject to the Type 3 review procedure. The city council will consider approval of
a final plat as part of that review procedure.
(b) In addition to the review procedure set forth above, all lot consolidation applications
shall be submitted to the state and county highway departments (if adjacent to a state
or county highway) prior to submission of an application. A comment letter from these
entities shall be required as part of the application.
Subd. 3. Approval criteria. All of the following criteria shall be considered in the review
of lot consolidations:
(a) The consolidation must be in general compliance with the comprehensive plan;
(b) The consolidation must meet the purpose and intent of this UDC;
(c) Unless prior or concurrent approval of a variance is granted, any such consolidation
shall result in lots that, to the greatest extent possible, meet the dimensional
requirements for the zoning district in which the property is located, and shall not
further increase the nonconformity of any lot dimension or structure; and
(d) The applicant is not required to comply with the park dedication requirements as
provided in the Crystal city code, subsection 525.05 as required for a subdivision.
Subd. 4. Effect of the city council’s decision. Within six months of approval of the final
plat by the City Council the applicant shall submit the plat for recording to the county recorder.
If the plat is not submitted to the county recorder within six months, the city council’s approval
of the final plat shall be automatically revoked.
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(3) The anticipated completion date.
Subd. 3. Construction drawings approval. Construction drawings for any proposed
installation of public infrastructure shall be submitted to the city engineer at the time of the final
plat submission. These drawings must be approved by the city engineer as part of the final plat
approval.
Subd. 4. Final plat approval.
(a) Approval procedure. Final plats shall be submitted in writing to the zoning
administrator and shall be subject to the Type 3 review procedure.
(b) Approval criteria. The city council shall consider the following in the review of a final
plat:
(1) Construction drawings have been submitted to, reviewed and approved by the city
engineer;
(2) If applicable, a development agreement in a form acceptable to the city must have
been prepared and executed as part of the final plat application;
(3) Whether the final plat is in substantial compliance with the approved preliminary
plat and any conditions on the preliminary plat approval, and whether any changes
of note were reported to the city council; and
(4) The final plat must comply with all other applicable standards in this UDC and state
law including Minnesota Statutes, chapter 505 as applicable.
(c) Effect of the city council’s decision. If the final plat is approved and signed by the
mayor and city clerk, the applicant shall record the final plat within six months with
the county recorder. No changes, erasures, modifications or revisions shall be made to
any final plat after approval has been given by the city council and endorsed by the
mayor and city clerk in writing on the plat. Within six months of approval of the final
plat by the city council the applicant shall submit the plat to the county recorder for
recording. If the plat is not recorded withsubmitted to the county recorder within six
months, the city council’s approval of the final plat shall be automatically revoked.
510.27. Comprehensive plan amendment.
Subd. 1. Applicability. This subsection outlines the procedural requirements for the
amendment of the comprehensive plan. An amendment of the comprehensive plan may be initiated
by the city council, planning commission, city staff, or a Crystal property owner.
Subd. 2. Approval procedure. Amendments to the comprehensive plan shall be subject to
the Type 2 review procedure.
Subd. 3. Approval criteria. The planning commission and city council shall review the
necessary submittal requirements, facts, and circumstances of the proposed amendment and make
a recommendation and decision on the amendment based on, but not limited to, consideration of
the following criteria:
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(iii) Hospitals
(iv) Private recreational facilities, indoor
(v) Public or semi-public buildings, with a conditional use permit
(vi) Religious institutions, with a conditional use permit
(vii) Schools, elementary or secondary, with a conditional use permit
(viii) Schools, nursery or preschool, with a conditional use permit
(ix) Schools, trade or business, with a conditional use permit
(x) Specialized care facilities
(2) Accessory uses. All permitted accessory uses allowed in the TC district in Table 4 are
also allowed in the TC-PD district. The following additional accessory uses are also
allowed in the TC-PD district. Unless otherwise noted, all uses are allowed without a
conditional use permit, but whether the use is permitted or conditional, it shall adhere
to any required use-specific standards.
(i) Drive-through facilities, with a conditional use permit
(ii) Fences
(iii) Garages
(iv) Porches and decks
(v) Signs, under the same requirements as the TC district
(3) Temporary uses. All permitted temporary uses in Table 5 are allowed in the TC-
PD district. The use shall comply with any time limits, required permits, and use
specific-standards listed in that table.
(b) Densities. Residential densities shall be constructed to a density of 16 to 40 units
per gross acre. An applicant may exceed these densities by up to 60 percent, but if the building
is proposed to exceed height requirements, the applicant shall receive city approval of the
increased height in order to exceed density requirements. of the TC-PD district are met.
(c) Building design. All new buildings within the TC-PD district shall adhere to the
TC district site development standards for building placement, height and facades in the Crystal
city code, section 515.05, subd. 5.
(d) Parking. The development shall provide parking according to the requirements in
the Crystal city code, section 520.15, subd. 6. If the applicant desires to alter the number of
required parking spaces through the TC-PD approval process, the following information shall be
submitted:
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(1) The facility is served by arterial, collector or municipal state aid streets and such
pedestrian facilities as are necessary to accommodate the traffic generated by the
facility; and
(2) Drive-through facilities are specifically prohibited.
Subd. 4. Commercial use category.
(a) Airport facilities. Airport facilities are subject to the following standards:
(1) Adequate controls, such as fencing, shall be provided to prevent unauthorized
access onto airport property;
(2) Buildings and uses shall be subordinate to the operation of the Crystal Airport; and
(3) Buildings or structures shall comply with all federal and state statutes, regulations,
rules, laws, restrictions, guidance and directives and Metropolitan Airports
Commission rules and regulations concerning aeronautical safety and operation
within the Crystal Airport and runway protection zones.
(b) Animal hospitals/veterinary clinics. Except in the TC district, outdoor facilities, such
as dog kennels or runs, are allowed with a conditional use permit and are subject to the
following standards:
(1) Such use shall be incidental to the animal hospital use and used for the short-term
boarding of animals; and
(2) The applicant has demonstrated that the outdoor facility will not negatively impact
neighboring properties through the use of screening or buffering.
(c) Day care facilities, Adult. Picking up and dropping off of clients shall not create unsafe
conditions. Loading and unloading of clients from vehicles shall only be allowed in the
driveway or in an approved parking area.
(d) Hotels, motels, or extended stay establishments. The property abuts at least one of the
following street segments:
(1) Lakeland Avenue between the Canadian Pacific Railroad and 58th Avenue North;
or
(2) West Broadway between Corvallis Avenue and 56th Avenue North.
(e) Kennels, commercial. Outdoor facilities, such as dog kennels or runs, are allowed with
a conditional use permit and are subject to the following standards:
(1) Such use shall be for the short-term boarding of animals;
(2) The applicant has demonstrated that the outdoor facility will not negatively impact
neighboring properties through the use of screening or buffering.
(f) Offices, professional. Professional offices are subject to the following standards:
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By this subsection, the city intends to exercise the full scope of its authority under
the Act and under state law regarding the regulation of towers and
telecommunications facilities in the city. 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.
(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:
(i) To regulate the location of telecommunication towers and facilities;
(ii) To protect residential areas and land uses from potential adverse impacts of
telecommunication towers and facilities;
(iii) To minimize adverse visual impacts of telecommunication towers and
facilities through design, siting, landscaping, and innovative camouflaging
techniques;
(iv) To promote and encourage shared use and co-location of telecommunication
towers and antenna support structures;
(v) 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;
(vi) To ensure that telecommunication towers and facilities are compatible with
surrounding land uses; and
(vii) To facilitate the provision of wireless telecommunications services to the
residents and businesses of the city in an orderly fashion.
(3) Development of towersZoning districts where towers are allowed.
(i) Permitted use at certain locations in the Industrial district (I). A tower is a
permitted use in the I district, with approval of a zoning certificate, provided
that the site also meets one of the following additional location criteria:
(A) It abuts the Canadian Pacific railroad property and also abuts Pennsylvania
Avenue, 32nd Avenue or Nevada Avenue; or
(B) It is located within the area bounded by Corvallis Avenue, West Broadway,
Douglas Drive, 56th Avenue, and Lakeland Avenue/Bottineau Boulevard.
(ii) Conditional use at certain locations in the Commercial district (C). A tower is
a conditional use in the C general commercial district provided that the site is
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(v) Written evidence from an engineer that the proposed structure meets the
structural requirements of this UDC.
(vi) 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.
(5) Review criteria and restrictions.
(i) In considering an application where the provider has shown the existence of a
significant gap in coverage, the city council shall only authorize a tower if the
city makes a finding that such a location is necessary for the city to achieve
compliance with the requirements of the Act.
(ii) The city council makes a finding 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.
(iii) The site must comply with the following minimum area requirements:
(A) If zoned commercial or industrial then the site shall contain no less than
two acres.
(B) If zoned residential then the site shall contain no less than five acres.
(C) Notwithstanding (i) and (ii) above, regardless of zoning, if the principal
use on the site is a city structure, county building, school, or church, then
the site shall contain no less than three acres.
(D) For the purposes of determining site area for this particular provision,
contiguous lots owned by the same entity shall be considered a single site.
(iv) No tower shall be located within 660 feet (1/8 mile) of another tower.
(v) No tower shall be located on a lot having as its principal use a one or two
family dwelling.
(vi) No part of the tower shall be located within 165 feet (1/32 mile) of any one or
two family dwelling on another lot or within 82.5 feet (1/64 mile) of any lot
line. This provision shall not prohibit the subsequent expansion of a dwelling
which reduces the distance from a tower to the dwelling, even if such
expansion causes the tower to become non-conforming to the setback
requirement.
(vii) The height of the tower shall not exceed 100 feet, or 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, whichever is less.
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(viii)(iii) The city may authorize the use of city property, including use of its
right-of-way pursuant to chapter 8 of the Crystal city code in accordance with
the procedures and subject to the restrictions of this code.
(6) Co-location required. Unless the applicant presents clear and convincing evidence
to the city council that co-location at the identified site is not structurally or
technically feasible, a new tower may not be built, constructed or erected in the city
unless the tower is capable of supporting at least one telecommunications facility
comparable in weight, size and surface area to the one located on the tower by the
applicant.
(7) Setbacks Locational requirements.
(i) A tower must be located on a single parcel or contiguous parcels under the
same ownership as the applicant 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.
(ii) Unless otherwise required by this subsection, Setbacklocational requirements
for towers are measured from the base of the tower to the property line of the
parcel on which it is located.
(iii) Towers may not be located between a principal structure and a public street, .
with the following exceptions:
(A) In the I district, towers may be placed within a side yard abutting an
internal industrial street.
(B) On sites adjacent to public streets on all sides, towers may be placed within
a side yard abutting a local street.
(C) This requirement does not apply to towers that are a conditional use in all
zoning districts.
(iv) No tower shall be located within 660 feet of another tower.
(v) No tower shall be located on a lot having as its principal use a one or two family
dwelling.
(vi) Towers are subject to the following locational requirements from residential
uses:
(A) Towers in the I district shall be separated from all properties used for
residential purposes 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 compliance with this
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requirement shall be measured from the base of a tower to the closest point of
the proposed site.
(B) Where towers are a conditional use, no part of the tower shall be located
within 165 feet of any one or two family dwelling. This provision shall not
prohibit the subsequent expansion of a dwelling which reduces the distance
from a tower to the dwelling, even if such expansion causes the tower to become
non-conforming to this locational requirement.
(6) Structural requirements. Towers must be designed and certified by an engineer to
be structurally sound and, at minimum, in conformance with the international state
building code and any other standards set forth in this subsection.
(7) Height. Towers are subject to the following height requirements:
(A) Tower height is measured from grade and includes the tower structure
itself, the base pad, and any other telecommunication facilities attached
thereto. If a lightning rod is included in the structure, the lightning rod is not
included in the height calculation, but shall not exceed ten feet in height.
(B) A tower may not exceed 165 feet in height in the commercial or industrial
zoning districts, 100 feet in residential districts, or 50% of the distance from
any part of the tower to the nearest lot line of an adjacent property having a
single or two family dwelling, whichever is less.
(8) Separation or buffer requirements. Towers must be separated from all properties
used for residential purposes 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 a zoning district.
(9) 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.
(10)(8) 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.
(11)(9) Exterior finish. Towers not requiring FAA painting or marking must
have an exterior finish as approved by the city council if a conditional use permit
is required or by city staff if a zoning certificate is required.
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(12)(10) Fencing. 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 or different requirements are allowed by the city council
through approval of the conditional use permit.
(13) (11) Landscaping. Landscaping on parcels containing towers, antenna support
structures or telecommunications facilities must be in accordance with the
applicable landscaping requirements of this UDC and as shown on 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.
(12) Security. Towers must be reasonably posted and secured to protect against
trespass.
(13) Access. Parcels upon which towers are located must provide access during normal
business hours to at least one paved vehicular parking space on site.
(14) StealthTower and equipment design. To the extent reasonably practical, towers
must be of stealth design. Equipment that is accessory to the tower shall be
screened from view or architecturally designed to blend in with the surrounding
environment and shall not exceed 2,000 square feet in size.
(15) Other telecommunications facilities. Telecommunications facilities not attached to
a tower may be permitted as an accessory use to any antenna support structure at
least 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:
(i) 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;
(ii) That the antenna support structure and telecommunications facilities comply
with the state building code; and
(iii) That any telecommunications facilities and their appurtenances, located above
the primary roof of an antenna support structure, are set back one foot from
the edge of the primary roof for each one 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 six inches from the side of the
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antenna support structure. Screened telecommunications facilities and their
appurtenances are exempt from setback requirements.
(16) Existing towers.
(i) An existing tower may be modified or demolished and rebuilt to accommodate
co-location of additional telecommunications facilities as follows:
(A) Application for an appropriate city permit shall be made to the city council;
and
(B) The total height of the modified tower and telecommunications facilities
attached thereto shall not exceed the maximum height for towers allowed
under this subsection.
(ii) 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 locational requirements of this subsection. However, if it is
impossible for the tower to be rebuilt in compliance with the those setback
requirements of this subsection, such setback requirements shall be waived to
allow the tower to be rebuilt in its exact previous location.
(14)(17) Abandoned or unused towers or portions of towers. Abandoned or
unused towers and associated above-ground facilities must be removed within six
months of the cessation of operations of an antenna facility at the site unless an
extension is approved by the zoning administrator. 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 six 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 the Crystal city
code, section 635chapter 6.
(15)(18) Additional criteria for variances for towers. The city council may
grant a variance pursuant to the Crystal city code, subsection 510.33 if the
applicant also demonstrates all of the following with written or other satisfactory
evidence:
(i) 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;
(ii) The variance will not create any threat to the public health, safety, or welfare;
(iii) In the case of a requested modification to the setback locational requirements,
the applicant may provide the following justifications for approval of the
variance:
Formatted: Indent: Left: 0.7", Hanging: 0.35", Outline
numbered + Level: 7 + Numbering Style: 1, 2, 3, … + Start
at: 12 + Alignment: Left + Aligned at: 1.69" + Tab after:
1.99" + Indent at: 1.99"
98
(A) that theThe 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 lands used for residential
purposes;.
(B) According to written technical evidence from an engineer, the proposed
tower and telecommunications facilities must be located at the proposed site
in order to close a significant gap in the provider’s coverage in the city and that
landscaping and other buffers are provided to lessen the tower’s visibility to
residential areas.
(iv) In the case of a request for modification to the separation requirements of this
subsection that the proposed site is zoned I and the proposed site is at least
double the minimum standard for separation from lands used for residential
purposes;
(v) In the case of a request for modification of the separation requirements of this
subsection, 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 close a significant gap within the city in coverage
of the provider and if the person agrees to create approved landscaping and
other buffers to screen the tower from being visible to the residential area; and
(vi)(iv) In the case of a request for modification of the maximum height
limit, that the modification is necessary to:
(1A) facilitate co-location of telecommunications facilities in order to avoid
construction of a new tower; or
(2B) to meet the coverage requirements of the applicant's wireless
communications system, which requirements must be documented with
written, technical evidence from an engineer.
(17)(19) Maintenance. Towers must be maintained in accordance with the
following provisions:
(i) 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;
(ii) 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;
(iii) Towers, telecommunications facilities and antenna support structures must be
kept and maintained in good condition, order, and repair;
99
(iv) Maintenance or construction on a tower, telecommunications facilities or
antenna support structure must be performed by qualified maintenance and
construction personnel;
(v) Towers must comply with radio frequency emissions standards of the federal
communications commission; and
(vi) 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.
(18)(20) Additional requirements.
(i) 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 Uniform state Building building
Code code and other construction standards provided by the city code, federal
and state law. The expense related to such inspections will be borne by the
property owner. Based upon the results of an inspection, the building official
may require repair or removal of a tower.
(ii) Excavation and monitoringCompliance to emission requirements. The city
may request that The the owner of a telecommunications facility shall provide
the city with current, technical evidence of compliance with FCC radiation
emission requirements, annually or more frequently at the city’s reasonable
request. If the owner does not promptly provide the city with satisfactory
technical evidence of FCC compliance, the city may carry out tests to ensure
FCC radiation compliance using a qualified expert. The owner shall reimburse
the city for its reasonable costs in carrying out such compliance testing.
(c) Wireless support structures. New wireless support structures for the siting of small
wireless facilities in the public street right-of-way adjacent to the R-1 zoning district,
are subject to the following standards:
(1) No taller than 50 feet in height;
(2) No less than five feet from the street curb;
(3) No more than five feet from the side lot line extended to the street;
(4) To the extent possible, have an antenna that is shrouded or camouflaged;
(5) Constructed from earth-tone fiberglass; and
(6) Served by underground power and communication lines. The structure shall not
be served by any above-ground power or communication lines.
Subd. 7. Public, institutional and recreational use category.
123
Table 6: Permitted Encroachments [1]
R-1 R-2 R-3 Commercial TC Industrial AP
Air conditioning or
heating equipment
2 feet in
the side
yard, but
cannot be
closer than
10 feet to
the living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the
living
quarters of
a dwelling
on adjacent
property
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
2 feet in the
side yard, but
cannot be
closer than 10
feet to the
living quarters
of a dwelling
on adjacent
property
Not
Applicable
2 feet in the
side yard,
but cannot
be closer
than 10 feet
to the living
quarters of a
dwelling on
adjacent
property
Not
Applicable
Attached decks or
open porches
Front/rear:
10 feet for
attached
decks or
open
porches in
the front or
rear yard of
one or two
family
dwellings,
provided
that no
more than
240 SF of
the deck or
porch
encroaches
into the 30
foot
required
setback
Side: 3 feet
Corner
side: 3 feet
Front/rear:
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no
more than
240 SF of
the deck or
porch
encroaches
into the 30
foot
required
setback
Side: 3 feet
Corner
side: 3 feet
Front/rear:
10 feet for
attached
decks or
open
porches in
the front
or rear yard
of one or
two family
dwellings,
provided
that no more
than 240 SF
of the deck
or porch
encroaches
into the 30
foot required
setback
Side: 3 feet
Corner side:
3 feet
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Awnings Front: 3
feet
Side: 2 feet
Rear: 3feet
Corner
side: 2 feet
Front: 3
feet
Side: 2 feet
Rear: 3
feet
Corner
side: 2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side: 2
feet
Front/corner
side: May be
located up to
the property
line
Front: 3 feet
Side: 2 feet
Rear: 3
feet
Corner side:
2 feet
Front: 3 feet
Side: 2 feet
Rear: 3feet
Corner side:
2 feet
127
Table 7: Zoning District Site Development Standards for Principal Buildings
R1 R2 R3 Commercial TC Industrial AP
Front 30 feet 30 feet 30 feet 10 feet
1 foot
minimum
10 foot
maximum
10 feet
200’ from
residential
use
Side 5 feet 15 feet 15 feet 10 feet
0 foot
minimum 10 feet
200’ from
residential
use
Rear 30 feet 30 feet 30 feet 10 feet
3 foot
minimum 10 feet
200’ from
residential
use
Corner Side 10 feet [2] 30 feet 30 feet 15 feet
2 foot
minimum
12 foot
maximum
15 feet
200’ from
residential
use
Number of Principal Buildings
Maximum number
of principal
buildings per
property
One One One One
Not
Applicable One Not
Applicable
Minimum Lot Area
One-family
Detached Dwelling 6,000 SF 6,000 SF Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Two-Family
Dwelling
1210,000
SF
1210,000
SF
1210,000
SF
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Other Residential
Uses
Not
Applicable
3,000 per
dwelling,
but in no
event less
than
10,000 SF
10,000 SF
1,200 per
dwelling,
but
in no event
less than
20,000 SF
20,000 SF
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Non-Residential
Uses [3]
Not
Applicable
Not
Applicable
Not
Applicable 20,000 SF Not
Applicable 20,000 SF Not
Applicable
Minimum Lot Depth
One-family
Detached Dwelling 100 feet 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Two-Family
Dwelling 100 feet 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Other Residential
Uses
Not
Applicable 100 feet 100 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Non-Residential
Uses [3] 100 feet 100 feet 100 feet 120 feet Not
Applicable 120 feet Not
Applicable
Minimum Lot Width
One-family
Detached Dwelling 50 feet 50 feet Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
133
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial TC Industrial AP
Accessory dwelling
units, detached
The height
of the
dwelling
unit cannot
exceed the
height of
the principal
building or
20’22’,
whichever is
less. For an
ADU above
a detached
garage, see
note [6],
below
The height
of the
dwelling
unit cannot
exceed the
height of
the principal
building or
20’22’,
whichever is
less. For an
ADU above
a detached
garage, see
note [6],
below
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
Amateur radio
towers
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Tower
not to
exceed
75 feet
Not
Applicable
Tower
not to exceed
75 feet
Tower
not to
exceed
75 feet
Commercial storage
buildings
Not
Applicable
Not
Applicable
Not
Applicable
20 feet Not
Applicable
20 feet 25 feet
Detached accessory
buildings [67]
15 feet 15 feet 15 feet 15 feet Not
Applicable
15 feet 15 feet
Essential services
(such as poles or
towers)
As determined
by the city
engineer
As determined
by the city
engineer
As determined
by the city
engineer
As
determined
by the city
engineer
As determined
by the city
engineer
As determined
by the city
engineer
As determined
by the city
engineer
Fences See
subsection
520.09
See
subsection
520.09
See
subsection
520.09
See
subsection
520.09
Not
Applicable
See
subsection
520.09
See
subsection
520.09
Flagpoles 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Satellite dishes Not to
exceed 4
feet above
the roof
Not to
exceed 4
feet above
the roof
Not to
exceed 4
feet
above
the roof
Not to
exceed 4
feet above
the roof
Not to
exceed 4
feet
above
the roof
Not to
exceed 4 feet
above
the roof
Not to
exceed 4
feet above
the roof
134
Table 8: Zoning District Site Development Standards for Accessory Structures
Accessory Structure
Type R1 R2 R3 Commercial TC Industrial AP
Solar energy
systems
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding: 20
feet when
oriented at
maximum tilt
Building
mounted:
Shall not
exceed the
maximum
allowed
building
height
Freestanding:
20 feet
when
oriented at
maximum
tilt
Television and Radio
Antennae
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
Not to
exceed 12
feet above
the roof
NOTES:
[1] The tower shall be located only in the rear yard, and set back at least 15 feet from any property line. However, necessary
guy wires, anchors, and wires of less than 1/4 inch may be set back at least 3 feet from any rear or interior side property
line.
[2] On interior lots abutting directly on Twin Lake, a detached accessory garage, carport, shed, accessory dwelling unit, or
workshop may be erected within the front setback area provided it does not encroach into the required front, side or
corner side setback.
[3] If the garage, carport, accessory dwelling unit, or workshop does not have an eave or overhang on the side or rear of the
structure, the structure may be located to a distance of 3 feet from the side or rear property line, but the structure shall
not encroach into a platted or dedicated easement.
[4] If the vehicle entrance for a detached garage or carport faces a street or alley, the garage or carport shall be at least 20 feet
from the corner side or rear property line.
[5] For building‐mounted solar energy systems, the collector surface and mounting devices shall not extend beyond the
required setbacks on which the building is mounted. For freestanding solar energy systems, the system may not extend
into the following setbacks when oriented at minimum design tilt:
Front: 30 feet, but cannot be located closer to the street than the principal building; Side: 5 feet; Rear: 5 feet; Corner side:
10 feet.
[6] If the ADU is located above a detached garage, the maximum height is 22 feet regardless of the height of the principal
building.
[67] For the purposes of this maximum height requirement, detached accessory buildings are defined as carports, detached
garages, gazebos, noncommercial greenhouses, sheds and workshops. Some of these structures may not be allowed in
every zoning district.
154
Table 11: Parking Spaces by Use
Use Type
Minimum
Maximum
Outdoor
Recreational
Facilities
10 spaces per acre of play
field, plus 4 per basketball
court, two space per tennis
court, or 1 space per 50
square feet of deck area for a
swimming pool
Not applicable
Banquet halls,
event centers,
Religious
Institutions, or
similar places
where persons
gather or
assemble
4 spaces, plus no less than 1
space per 3 seats based on
the cumulative design capacity
of the assembly room or
spaces
4 spaces, plus no more than 1
space per 2 seats based on
the cumulative design
capacity of the assembly room
or spaces
Schools,
nursery or
preschool,
elementary and
middle school
10 spaces, plus no less than 1
space per classroom and 1
space per 40 students based
on designed capacity
Not applicable
Notes:
1. The minimum number of parking spaces for senior housing is 1 space per household unit, 50%
of which shall be enclosed in a garage.
2. If applicable, 1 space per 4 person capacity shall be provided for conference rooms or other
assembly spaces and 1 space shall be provided for a manager who resides on the property.
3. Motor vehicle stacking space shall also be provided for making up a funeral procession,
although drive aisles in the parking lot may be used for stacking.
4. The parking requirement for retail sales and service establishments with more than 50% or
more of gross floor area devoted to storage or warehouse shall be: 4 spaces, plus no less than 1
space per 500 nor more than 1 space per 250 square feet devoted to sales or service, plus no
less than 1 space per 3,000 nor more than 1,000 square feet of storage.
Subd. 7. Disabled parking requirements. Parking spaces required for the disabled shall be
provided in compliance with all applicable state and federal requirements. If practicable, spaces
for the disabled shall be located so they provide easy access from the closest parking area to the
major entrance of the use for which they are provided.
Subd. 8. Modification of parking requirements. For all uses except one and two-family
dwellings, the number of parking spaces required in Table 11 may be modified according to the
following provisions. If a request is made to reduce the number of parking spaces in both (b) and
(c) of this subsection, the total reduction shall not exceed ten percent of the required number of
spaces. Approval of requests to provide more or less parking spaces, or reducing the number of
enclosed spaces, shall be made according to the applicable review procedure associated with the
principal uses listed in Table 11, unless otherwise noted in this subsection.
165
Subd. 2. Applicability. Except as provided for in this subsection, these requirements are
applicable for subdivision or lot consolidation applications, site plans, conditional use permits,
building permits, or other land disturbing activities on existing properties, except if this
requirement is waived by the city engineer.
Subd. 3. Exemptions. The provisions of this section do not apply to:
(a) Any part of a subdivision if a plat for the subdivision has been approved by the city
council on or before the effective date of this UDC;
(b) Any land disturbing activity for which plans have been approved by the watershed
management organization within six months prior to the effective date of this UDC;
(c) A lot for which a building permit has been approved on or before the effective date of
this UDC;
(d) Installation of fence, sign, telephone, and electric poles and other kinds of posts or
poles; or
(e) Emergency work to protect life, limb, or property.
Subd. 4. Storm water management plan. When a subdivision, lot consolidation, site plan,
or conditional use permit application is submitted, the applicant shall include a storm water
management plan, unless this requirement is waived by the city engineer. The plan shall contain
the following information.
(a) Existing site map. A map of existing site conditions showing the site and immediately
adjacent areas, including:
(1) The street address, property identification number or legal description of the subject
property;
(2) North point, date, scale of drawing, and number of sheets;
(3) Existing topography with a contour interval appropriate to the topography of the
land but in no case having a contour interval greater than two feet;
(4) A delineation of all streams, rivers, public waters and wetlands located on and
immediately adjacent to the site, including depth of water, a description of all
vegetation which may be found in the water, a statement of general water quality
and any classification given to the water body or wetland by the Minnesota
Department of Natural Resources, the Minnesota Pollution Control Agency, and/or
the United States Army Corps of Engineers;
(5) Location and dimensions of existing storm water drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating in which
direction and at what rate storm water is conveyed from the site, identifying the
receiving stream, river, public water, or wetland, and setting forth those areas of the
unaltered site where storm water collects;