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2024.03.11 - Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal Planning Commission Agenda Summary Monday, March 11, 2024 7 p.m. Crystal City Hall and Zoom Video Conference Zoom call information: https://go.crystalmn.gov/Mar11 (meeting ID is 852 9274 7726 and password is 414141) or call-in toll free at 888-475-4499 1. Call to Order 2. Approval of Minutes* a. Monday, February 12, 2024 meeting minutes 3. Public Hearing* a. Amend official zoning map to add airport zones in the Crystal Airport Zoning Ordinance 4. Old Business - None 5. New Business - None 6. General Information a. City Council actions on previous Planning Commission items: Variance request for building additions at 6124 Lakeland Avenue North b. Update from Council liaison c. Staff preview of likely agenda items for Monday, April 8, 2024 meeting 7. Open Forum 8. Adjournment * Items for which supporting materials are included in the meeting packet Page 1 of 2 CRYSTAL PLANNING COMMISSION DETAILED AGENDA Monday, March 11, 2024 at 7:00 p.m. Council Chambers, Crystal City Hall Commissioners, please call 763.531.1142 or email dan.olson@crystalmn.gov if unable to attend * Items for which supporting materials are included in the meeting packet 1. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the following members present:  Commissioner (Ward 1) Sears [Vice Chair]  Commissioner (Ward 2) Selton  Commissioner (Ward 4) Einfeldt-Brown [Sec. Vice Chair]  Commissioner (Ward 1) Heigel  Commissioner (Ward 3) Sumnicht  Commissioner (Ward 4) Johnson [Chair]  Commissioner (Ward 2) Strand  Commissioner (Ward 3) Buck  Commissioner (At- Large) Scholz 2. APPROVAL OF MINUTES * Moved by _______________ and seconded by _______________ to approve the minutes of the February 12, 2024 regular meeting with the following exceptions: Motion carried. 3. PUBLIC HEARING* a. Amend official zoning map to add airport safety zones in the Crystal Airport Zoning Ordinance (Application Number 2024-02) Staff presented the following: The following were heard: Page 2 of 2 Planning Commission discussion: Moved by _______________ and seconded by _____________ to recommend ______ to the City Council of the amendment to the official zoning map. Motion carried. 4. OLD BUSINESS – None 5. NEW BUSINESS - None 6. GENERAL INFORMATION a. City Council actions on previous Planning Commission items: Variance request for building additions at 6124 Lakeland Avenue N. b. Update from Council Liaison c. Staff preview of likely agenda items for Monday, April 8, 2024 meeting: 7. OPEN FORUM 8. ADJOURNMENT Moved by _____ and seconded by ______ to adjourn. Motion carried. The meeting adjourned at ______ p.m. Unapproved Planning Commission Minutes – February 12, 2024 CRYSTAL PLANNING COMMISSION MINUTES Monday, February 12, 2024 at 7:00 p.m. Council Chambers, Crystal City Hall 1. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears [Vice Chair] X Commissioner (Ward 2) Selton [Chair] X Commissioner (Ward 4) Einfeldt-Brown [Sec. Vice Chair] X Commissioner (Ward 1) Heigel X Commissioner (Ward 3) Sumnicht X Commissioner (Ward 4) Johnson X Commissioner (Ward 2) Strand X Commissioner (Ward 3) Buck X Commissioner (At- Large) Scholz Other attendees: City planner Dan Olson, City Council liaison Taji Onesirosan, Community Development Director John Sutter, and Efrain Cardenas. 2. APPROVAL OF MINUTES Moved by Johnson and seconded by Heigel to approve the minutes of the November 13, 2023 regular meeting. Ayes: Scholz, Strand, Heigel, Johnson, Selton, Sears, and Buck. Nays: None Abstain: Einfeldt-Brown and Sumnicht Motion carried. 3. PUBLIC HEARING a. Variance request from Efrain Cardenas to the front setback requirement for a room addition at 6124 Lakeland Avenue North (Application Number 2024-01) Chair Selton opened the public hearing. Planner Olson presented a summary of the staff report and stated he is recommending approval of the variance. Commission member Strand asked what will happen to the existing driveway on the north side of the property. Planner Olson stated that the existing curb cut and driveway will be removed and replaced with a new curb cut and driveway leading to the new garage. Seeing no one who wished to speak, Chair Selton closed the hearing. Unapproved Planning Commission Minutes – February 12, 2024 Moved by Strand and seconded by Johnson to recommend approval to the City Council of the variance application at 6124 Lakeland Avenue N. Ayes: all. Nays: None. 4. OLD BUSINESS - None 5. NEW BUSINESS a. Discuss possible UDC amendments related to cannabis requirements. Mr. Sutter provided an update on the city council discussion on February 6th relating to proposed buffers for cannabis-related licenses. Commission members asked questions about the new cannabis state statutes, the city’s nonconforming use ordinance, and administering the buffers for cannabis, off- sale liquor or tobacco sales. Some members expressed an interest in only having two full cannabis licenses in the city (not limiting low dose edibles), as allowed by the state statute, rather than detailed buffers. b. Election of Officers Chairperson: Johnson nominated himself to serve as chairperson since Chair Selton declined to continue in that role. No other nominations were made. Second by Selton to nominate Johnson for chairperson. Ayes: all. Vice-Chairperson: Motion by Strand, second by Einfeldt-Brown to nominate Sears as vice-chairperson. No other nominations were made. Ayes: all Second Vice Chairperson: Motion by Strand, second by Sumnicht to nominate Einfeldt-Brown as second vice chairperson. No other nominations were made. Ayes: all 6. GENERAL INFORMATION • City Council actions on previous Planning Commission items: Planner Olson said the subdivision request for approval of a Common Interest Community (CIC) plat at 6613 – 36th Avenue N was approved by the City Council. • Update from Council Liaison: Council liaison Onesirosan provided updates on several issues that the Council is working on, including reevaluating their Council priorities, organics recycling, Louisiana Avenue reconstruction, and planning for the future city budget. • Staff preview of likely agenda items for Monday, March 11, 2024 meeting. Planner Olson said he has not received any applications yet, but the application deadline date is not until tomorrow. However there will be a public hearing for an amendment to the city’s official zoning map. Unapproved Planning Commission Minutes – February 12, 2024 7. OPEN FORUM Commission member Sumnicht asked if the city has considered vacating 55th Avenue N, adjacent to 5500 West Broadway, to allow for redevelopment of the site. Mr. Sutter explained the city has not looked at that idea in detail and 55th Avenue has utilities that may be difficult to relocate. The owner of the Crystal Gallery mall is not interested in redeveloping their property at this time. The Town Center regulations require breaking up large properties, such as the mall property, when those properties are redeveloped. Some sort of corridor (pedestrian or vehicle connection) would most likely occur in the area during the redevelopment approval process to create a connection with Becker Park. Commission member Heigel asked about the status of the townhome development at 34th and Douglas. Planner Olson said that construction should begin in March. Commission member Einfeldt-Brown asked if the former Dairy Queen in the Crystal Shopping Center will be opened with a new business. Mr. Sutter said that a similar use is expected but the city doesn’t know what that is yet. 8. ADJOURNMENT Moved by Buck and seconded by Sears to adjourn. Ayes: All. Nays: None Motion carried. The meeting adjourned at 8:16 p.m. Amend Official Zoning Map PAGE 1 OF 5 __________________________________________________________________________ FROM: Dan Olson, City Planner TO: Planning Commission (for March 11 meeting) DATE: March 5, 2024 RE: Public Hearing. Amend Official Zoning Map to add airport safety zones in the Crystal Airport Zoning Ordinance __________________________________________________________________________ A.BACKGROUND The Crystal Airport Zoning Ordinance was recently adopted by the Joint Airport Zoning Board (JAZB) and went into effect on January 1, 2024. Although state law does not require the new ordinance to be included in the Unified Development Code (UDC), the city will be administering the ordinance and must amend the city’s official zoning map to reflect the airport safety zones described in the ordinance. Notice of the March 11 public hearing for the map amendment was published in the Sun Post on February 29 and posted to all neighborhoods on Nextdoor. Attachments: A.Proposed Official Zoning Map B.Airport zoning requirements in state statutes C.Excerpt from FAA rules D.Adopted Crystal Airport Zoning Ordinance E.Grid map F.Powerpoint presentation PLANNING COMMISSION STAFF REPORT Amend Official Zoning Map Amend Official Zoning Map PAGE 2 OF 5 B. BACKGROUND OF ORDINANCE AND MAP AMENDMENT The JAZB was formed in 2021 by the Metropolitan Airports Commission (MAC) to update the Crystal airport ordinance adopted in 1983. The JAZB consisted of MAC staff and representatives from the cities of Crystal, Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale and Minneapolis. MAC held a public hearing on the proposed ordinance on April 19, 2023. After approval by the Minnesota Department of Transportation (MnDOT), the ordinance was adopted by the JAZB in November, 2023 and went into effect on January 1, 2024. State law does not mandate that the city incorporate the airport ordinance into the city code. To affirm the city’s role in administering the ordinance, the City Council adopted a resolution on February 6, 2024 to attach the ordinance as an appendix to the city code. The inclusion of this ordinance as an appendix is allowed by city code section 110.09. The airport safety zones that are to be added to the zoning map are: • Zone 1: The zone has the same boundaries as the Airport district (AP) and regulates both land use and structure height. • Zone 2: This zone primarily regulates structure height. • Air space: This zone extends from the airport to the cities of Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale, and Minneapolis and generally regulates interference with airport operations. C. ADMINISTRATION OF ORDINANCE The six cities that comprised the JAZB are tasked with administering the new airport ordinance. Two issues that received the most discussion during the JAZB approval process related to removal of trees and requirements for new structures. These two issues are discussed below. ➢ Tree removal. The ordinance requires those trees that project into airspace to be trimmed or removed, and allows the city to order the removal. Since the ordinance language is permissive and doesn’t require the city to order removal of trees on private property, the city would not enforce the tree provisions. MAC may do so as it has in the past without city involvement. ➢ New structure requirements. There was concern during the ordinance adoption process that new structures would have to undergo a burdensome review process. The city has two tools for determining the impact of new structures: ▪ Grid maps. The ordinance provides grid maps (attachment D) that list the maximum height of a structure for each property within zone 2 (within approximately 1 mile of the airport) that in most cases can be constructed without additional review by MAC or the FAA as long as they do not exceed the height for that specific property. Amend Official Zoning Map PAGE 3 OF 5 ▪ FAA online tool. For a small number of projects, an online tool is available that will clarify if FAA review is needed. This tool reviews a larger area around the airport for conflicts with reflectivity and signal interference for an area up to 4 miles and at a greater slope than those used to calculate the maximum height in the grid maps. Staff has determined that in nearly all cases involving properties in the R-1 zoning district and in zone 2, no additional review by MAC or the FAA would be required. The flowcharts on the following pages are provided to clarify the review process. Amend Official Zoning Map PAGE 4 OF 5 1. Rooftop solar panels. 2. Structures not needing additional review. Or And Rooftop solar panels No additional review by MAC or FAA is required Structure does not exceed height of other structures on the property Structure is shielded from the airport by a natural or manmade object Structure does not exceed the maximum structure height on the grid maps No additional review by MAC or FAA is required Amend Official Zoning Map PAGE 5 OF 5 Or 3. Structures that may need further review. And D. REQUESTED ACTION The Planning Commission is asked to make a recommendation to the City Council to either deny or approve the amendment to the Official Zoning Map. City Council action is anticipated on March 19, 2024. Structure exceeds height of other structures on the property Structure is not shielded from the property by a natural or manmade object FAA’s online tool determines if further FAA review is needed FAA tool determines form 7460 must be submitted for FAA review FAA tool determines that structure does not impact airport Attachment A 360.063 AIRPORT ZONING; AUTHORITY, PROCEDURE. Subdivision 1.Enforcement under police power.(a) In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. (b)In order to promote health, safety, order, convenience, prosperity, and general welfare and to conserve property values and encourage the most appropriate use of land, the municipality may regulate in airport hazard areas: (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population. (c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created. (d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein. Subd. 2.[Repealed, 1976 c 255 s 6] Subd. 3.Joint airport zoning board.(a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located: (1) to adopt and enforce airport zoning regulations for the area in question under sections 360.0655 and 360.0656; or (2) to join in creating a joint airport zoning board pursuant to paragraph (b). The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission. The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located. (b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located. A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed. All members shall serve at the pleasure of their respective appointing authority. Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board. (c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations Official Publication of the State of Minnesota Revisor of Statutes 360.063MINNESOTA STATUTES 20221 Attachment B or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question. In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies. (d) "Owning or controlling municipality," as used in this subdivision, includes: (1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board; (2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and (3) the Metropolitan Airports Commission established and operated pursuant to chapter 473. (e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority. Subd. 4.MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140] Subd. 5.[Repealed, 1976 c 255 s 6] Subd. 6.Procedure when zoning board fails to act.If a municipality, county, or joint airport zoning board fails to adopt within a reasonable time airport zoning regulations in accordance with the provisions of sections 360.011 to 360.076, or adopts regulations or amendments which do not conform to the standard prescribed by the commissioner, the commissioner may, for the protection of the public safety, adopt or supplement and from time to time as may be necessary amend, supplement, or repeal the regulations for the municipality or county until airport zoning rules provided for in sections 360.011 to 360.076, are adopted by the municipality, county, or joint airport zoning board. The commissioner shall have the same powers with reference to the airport zoning regulations as are granted in sections 360.011 to 360.076, to municipalities, administrative boards, and boards of adjustment. An action of the commissioner taken under this subdivision is subject to review by the courts as provided in section 360.072. Subd. 6a.Review of variance when board of adjustment fails to act.On receiving notice that an airport zoning variance has been granted by reason of the failure of a board of adjustment to act on the variance as provided in section 360.067, subdivision 2, the commissioner shall review the application and may amend or rescind the variance on finding that this action is required to protect the public safety. No action of the commissioner pursuant to this subdivision shall be effective unless the commissioner notifies the applicant of that action within 60 days after receiving notice that the variance was granted. Any action taken by the commissioner pursuant to this subdivision shall be subject to review by the courts as provided in section 360.072. Subd. 7.Airport zoning board for each airport.(a) Where an airport is owned or operated by the state of Minnesota, a state airport zoning board shall be created for each airport, which board shall have the same power to adopt, administer, and enforce airport zoning rules applicable to the airport hazard area of such airport as that vested by subdivision 1 in the municipality. Each board shall consist of the commissioner of transportation, or a member of staff appointed by the commissioner, who shall be chair; one member appointed by the county board who may be a member of the county board, of each county in which an airport hazard area is located; and one member appointed by the governing body of each municipality located within the Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2022360.063 area to be zoned. If the area to be zoned is located entirely within one county and no municipality is located within the area to be zoned, then the duly designated members shall select a third member who shall be a resident of the county. The members of such board shall serve for a period of three years beginning January 1 following their appointment and until their successors are appointed and qualified. (b) The zoning rules shall be adopted by an order of the board signed by a majority of its members. Such order shall be published once in a legal newspaper in the county in which the airport is located and shall become effective ten days following the date of its publication. A copy of such order shall be filed in the office of the commissioner of transportation and with the county recorder in each county in which a zoned area is located. (c) Any person appointed to serve on a state airport zoning board shall be entitled to reimbursement for travel and other necessary expenses incurred in performance of duties on such board which shall be paid from the appropriations made to the Department of Transportation. Subd. 8.Airport zoning board authority after failure to appoint member.If any county board or municipality fails to appoint the member to be appointed by it in the creation of a state airport zoning board within 30 days after requested to do so by the commissioner of transportation, the state airport zoning board, consisting of the remaining members in case more than one county is involved, or the commissioner of transportation in case no board is created, shall have the same power to adopt, administer, and enforce airport zoning rules applicable to an airport hazard area in such county as that conferred upon the commissioner in subdivision 6. History: 1945 c 303 s 26; 1951 c 116 s 2-4; 1957 c 610 s 1; 1976 c 166 s 7; 1976 c 181 s 2; 1976 c 255 s 1,2; 1977 c 236 s 1; 1978 c 674 s 58; 1979 c 302 s 2; 1983 c 326 s 4-6; 1985 c 248 s 70; 1986 c 444; 1Sp2019 c 3 art 3 s 94,95 Official Publication of the State of Minnesota Revisor of Statutes 360.063MINNESOTA STATUTES 20223 360.064 AIRPORT ZONING; COMPREHENSIVE ORDINANCE, CONFLICT. Subdivision 1.Comprehensive regulations.In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith. Subd. 2.Effect when regulations conflict.In the event of conflict between any airport zoning regulations adopted under sections 360.011 to 360.076, and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the municipality which adopted the airport zoning regulations or by some other municipality, the more stringent limitation or requirement shall govern and prevail. History: 1945 c 303 s 27; 1978 c 674 s 58; 1Sp2019 c 3 art 3 s 96 Official Publication of the State of Minnesota Revisor of Statutes 360.064MINNESOTA STATUTES 20231 360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED REGULATIONS. Subdivision 1.Notice of proposed zoning regulations, hearing.(a) No airport zoning regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by action of the governing body of the municipality, county, or joint airport zoning board under section 360.0655 or 360.0656, or the boards provided for in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in section 360.063, subdivisions 6 and 8. (b) A public hearing must be held on the airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted to the commissioner for approval. If any changes that alter the regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation. The commissioner may require a second hearing as determined necessary. (c) Notice of a hearing must be published by the municipality, county, or joint airport zoning board at least three times during the period between 15 days and five days before the hearing in an official newspaper and in a second newspaper designated by that authority which has a wide general circulation in the area affected by the proposed regulations and posted on the municipality's, county's, or joint airport zoning board's website. If there is not a second newspaper of wide general circulation in the area that the municipality, county, or joint airport zoning board can designate for the notice, the municipality, county, or joint airport zoning board is only required to publish the notice once in the official newspaper of the jurisdiction. The notice shall not be published in the legal notice section of a newspaper. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be available for public inspection. A copy of the published notice must be added to the record of the proceedings. (d) Notice of a hearing must be given by mail at least ten days before each hearing to persons and landowners where the location or size of a building, or the density of population, will be regulated. Mailed notice must also be provided at least ten days before each hearing to persons or municipalities that have previously requested such notice from the municipality, county, or joint airport zoning board. The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be made available for public inspection. Mailed notice must also identify the property affected by the regulations. For the purpose of providing mailed notice, the municipality, county, or joint airport zoning board may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be added to the records of the proceedings. Failure to provide mailed notice to individual property owners or a defect in the notice does not invalidate the proceedings if a bona fide attempt to comply with this subdivision was made. Subd. 2.MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140] Subd. 3.[Repealed, 2007 c 64 s 3] History: 1945 c 303 s 28; 1951 c 116 s 5; 1957 c 272 s 1,2; 1976 c 181 s 2; 1978 c 674 s 58; 1979 c 302 s 3; 1983 c 326 s 7; 1986 c 444; 2006 c 261 s 3; 1Sp2019 c 3 art 3 s 97; 2022 c 55 art 1 s 157 Official Publication of the State of Minnesota Revisor of Statutes 360.065MINNESOTA STATUTES 20221 Attachment C Crystal irport Zoning Ordinance Adopted November 8, 2023 Adopted by the Crystal Airport Joint Airport Zoning Board Contact Person: Crystal Joint Airport Zoning Board c/o Rebecca Townsend, JAZB Secretary Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 Attachment D 1 Table of Contents 2 SECTION I. PURPOSE AND AUTHORHY........................................................................... 1 3 SECTION II. TTTLE AND SHORTTTTLE..............................................................................2 4 SECTION III. DEFINmONS AND RULES OF CONSTRUCTION ............................................... 2 5 SECTION IV. AIRSPACE OBSTRUCHON ZONING.................................................................6 6 SECTION V. LAND USE ZONING .......................................................................................9 7 SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP.................... 10 8 SECTION VII. NONCONFORMING USES............................................................................. 10 9 SECTION VIII. AIRPORT ZONING PERMITS......................................................................... 11 10 SECTION IX. VARIANCES................................................................................................ 13 11 SECTION X. HAZARD MARKING AND LIGHTING .............................................................. 14 12 SECTION XI. ZONING ADMINISTRATOR........................................................................... 14 13 SECTION XII. BOARD OF ADJUSTMENT............................................................................ 15 14 SECTION XIII. APPEALS.................................................................................................... 16 15 SECTION XIV. JUDICIAL REVIEW ...................................................................................... 17 16 SECTION XV, PENALTIES AND OTHER REMEDIES.............................................................. 18 17 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES............................... 18 18 SECnON XVII. SEVERABILnY............................................................................................ 19 19 SECTION XVIII. EFFECHVE DATE........................................................................................ 19 20 EXHIBFT A - AIRPORT BOUNDARY...................................................................................... 21 21 EXHIBFT B -JAZB LAND USE ZONE I...................................................................................... 22 22 EXHIBFTC-JAZB LAND USE ZONE 2...................................................................................... 23 23 EXHIBFT D - AIRPORT BOUNDARY AND AIRSPACE ZONING LIMITS .......................................... 24 24 EXHIBFT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS ................................................. 25 25 EXHIBFT F - AIRPORT BOUNDARY AND LAND USE ZONING LIMFTS........................................... 26 26 27 AIRSPACE ZONES, INDD< SHEET AND PLATES A- A2TOA - F6................................................ 27 28 MAXIMUM CONSTRUCTION HEIGHTS WFTHOUT PERMFT, INDEX SHEET AND PLATES MCH - A2 29 TO MCH - F6 ................................................................................................................. 62 30 SAFETY ZONES, INDEX SHEET AND PLATES SZ - A2 TO SZ - F6 ................................................ 97 Crystal Airport Zoning Ordinance Page i CRYSTAL AIRPORT ZONING ORDINANCE ADOPTED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINHY OF THE CRYSTAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICHONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE CRYSTAL AIRPORT ZONING MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; IMPOSING PENALTIES; AND SUPERSEDING ALL PRIOR CRYSTAL AIRPORT ZONING ORDINANCES. I THEREFORE, TT IS HEREBY ORDAINED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORHY CONFERRED BY MINNESOTA STATUTES §§ 360.061 - 360.074, THAT THE CRYSTAL AIRPORT ZONING ORDINANCE BE EFFECHVE AS FOLLOWS: SECTION I. PURPOSE AND AUTHORITY The CRYSTAL Airport Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission and the Cities of Crystal, Brooklyn Park, Brooklyn Center, Minneapolis, New Hope, and Robbinsdale, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby finds and declares that: A. An Airport Hazard endangers the lives and property of users of the Airport and property or occupants of land in its vicinity, and also may reduce the size of the area available for the landing, takeofF, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein. B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the Airport. C. Rir the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of Airport Hazards. Crystal Airport Zoning Ordinance Page 1 D. The prevention of these Airport Hazards should be accomplished, to the extent legally possible, by the exercise of police power without compensation. E. The elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible, consistent with reasonable standards of safety. F. In addition, the social and economic costs of disrupting land uses around the Airport often outweigh the benefits of a reduction in Airport Hazards, requiring a balance between the social and economic costs to surrounding communities and the benefits of regulation. G. Preventing the creation or establishment of Airport Hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein. SECTION II. TITLE AND SHORT TTTLE This ordinance shall be known as the "Crystal Airport Zoning Ordinance." SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION A. Definitions. As used in this Crystal Airport Zoning Ordinance, unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall have the meanings indicated. All words and phrases not defined shall have their common meaning. 1. Airport. "Airport" means Crystal Airport located in Hennepin County, Minnesota. 2. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A - Air ort Bounda , attached hereto and made a part hereof. 3. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and, any use of land that is hazardous to Persons or property because of its proximity to the Airport. 4. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required under Section VIII. Crystal Airport: Zoning Ordinance Page 2 5. Airspacx Surfaces. "Airspace Surfaces" means the surfaces established in Section IV.A. 6. Airspace Zones. "Airspace Zones" means the land use zones established in Section IV.A. 7. Board of Adjustment. "Board of Adjustment" means the body established in Section XII, 8. Commissioner. "Commissioner" means the Commissioner of the Minnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions. 9. Crystal Airport Zoning Map. "Crystal Airport Zoning Map" means the Cr/stal Airport Zoning Map as defined in Section VI.C. 10. Effective Date. "Effective Date" means the effective date set forth in Section XVIII. 11. Existing. "Existing" means the current layout of the airport environment, including alignment, location, and length of each runway at Crystal Airport at the time this Crystal Airport Zoning Ordinance on the Effective Date. 12. FAA. "FAA" means the Federal Aviation Administration or, if the Federal Aviation Administration shall no longer exist or serve its present functions, such successor federal entity or entities as shall either singularly or collectively perform or serve such functions. 13. FAA 7460 Obstruction Evaluation. Established FAA process for conducting aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for proposed construction or alteration) or Federal Aviation Act of 1958 (for existing structures), or any successor to this process. 14. Lot. "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law. 15. Noncon forming Structure. "Nonconforming Structure" means any Structure in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. Crystal Airport Zoning Ordinance Page 3 16. Nonconforming Use. "Nonconforming Use" means any use of land in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. 17. Person. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 18. Runway. "Runway" means any existing surface of the Airport which is specifically designated and used to be used for the landing and/or taking off of aircraft. The individual Runways at the Airport are defined in this Crystal Airport Zoning Ordinance based on the compass heading of landing and departing aircraft. 19. Runway 14-32. "Runway 14-32" means the existing 3,750-foot non- precision primary runway. The Runway 14 end is within the City of Brooklyn Park, and the Runway 32 end is within the City of Crystal. 20. Runway 6L-24R. "Runway 6L-24L" means the existing 2,500-foot visual crosswind runway. Both the Runway 6L and 24R ends are within the City of Crystal, 21. Runway 6R-24L "Runway 6R-24L" means the existing 1,669-foot visual crosswind runway. Both the Runway 6R and 24L ends are within the City of Crystal. 22. Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R and 6R-24L, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surfaces for Runway 14-32 (500 feet), Runway 6L-24R (250 feet), and Runway 6R-24L (250 feet). The Runway 14-32 protection zone extends outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 700 feet. Runways 6L-24R and 6R-24L have protection zones extending outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 450 feet. 23. Land Use Zones. "Land Use Zones" means the land use zones established in Section V.A. Crystal Airport: Zoning Ordinance Page 4 24. School. "School" means any private or public educational institution for people in kindergarten through grade 12 and any private or public day care or pre-school facility that enrolls more than 50 children. 25. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. lope = 3:1 = 3ft. horizontal to 1 ft. vertical 26. Structure. "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently. 27. Tree. "Tree" means any object of natural growth. 28. Zoning Administrator. "Zoning Administrator" means the public oflFicial in each affected municipality as set forth in Section XI.B. B. Rules Of Construction. In the construction of this Crystal Airport Zoning Ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise. 1. Computing Time. In computing the period of time within which an act may or must be done, the first calendar day from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. 2. Conflicts Between Ordinance Provisions. If a provision of this Crystal Airport Zoning Ordinance conflicts with any other provision of this Crystal Airport Zoning Ordinance, the more restrictive provision shall prevail. 3. Height. "Height" shall be expressed as elevation in feet above Mean Sea Level, North American Vertical Datum, 1988 Adjustment, except in reference Crystal Airport Zoning Ordinance Page 5 in10 is« coenI^ ^^ ^< <isy^inIi fro r^§fi ^ ^0 OJ s..g ^B ^n^(Uaj.yusII<u15IX.11.^ It ^ §ti^g§E2 §> *2iiiIDINM^ «-en THiI< .11 ^s^ ^ 3 a:> t£ (Z £§.^(au">CMiEc3(UIs§§.11§ s(Uv^<u^j<u(^^£<u^43's§1v^}<u£U)(0(U^aj£ £."8^ Is&(D £inI£vIsts.rsl mI^ID!§II.i*II.sI 5. Conical Surface. An imaginary surface extending upward and outward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the Horizontal Surface. 6. Conical Zone. All that land which lies directly under the Conical Surface. 7. Approach Surface. An imaginary surface longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R, and 6R-24L. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. For Runways 14-32, 6L-24R, and 6R- 24L, this surface inclines upward and outward at a Slope of 20 to 1 for a horizontal distance of 5,000. For Runway 14-32, the outer width of this surface is 2,000 feet. For both Runways 6L-24R and 6R-24L, the outer width of this surface is 1,250 feet. 8. Approach Zone. All that land which lies directly under an Approach Surface. 9. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways 14-32. 6L-24R, and 6R-24L at a Slope of 7 to 1 from both sides of each Primary Surface and from both sides of each Approach Surface of Runway 14-32, 6L-24R, and 6R-24L until it intersects the Horizontal Surface or the Conical Surface. 10. Transitional Zone. All that land which lies directly under a Transitional Surface. B. Height Restrictions. D<cept as otherwise provided in this Crystal Airport Zoning Ordinance, and except as necessary and incidental to Airport operations, the following height restrictions shall apply. Where a Lot is beneath more than one Airspace Surface, the height of the more restrictive (lower) Airspace Surface shall control. 1. Structures. No new Structure shall be constructed or established; and no existing Structure shall be altered, changed, rebuilt, repaired, or replaced in any Airspace Zone so as to project above any Airspace Surface. Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. 2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or replanted in any Airspace Zone so as to project above any Airspace Surface. Crystal Airport Zoning Ordinance Page? Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. a. Public Nuisance; Order. If the whole or any part of any Tree shall be determined to be an Airport Hazard by the FAA, or any successor entity, after proper investigation, the Zoning Administrator may issue an order in writing for the owner or owners, agent or occupant of the property upon which such hazardous tree is located, to forthwith cause such hazardous tree, or portion thereof if the removal of a portion will remove the hazard, to be taken down and removed. b. Notice. Said order is to be mailed to the last known address of the owner, agent or occupant and shall be accompanied by a notice setting forth the authority to remove such hazardous Tree at such owner's, agent's or occupant's expense in the event such owner, agent or occupant fails to comply with or file a notice of appeal from said order within 10 days of mailing. The notice shall include instructions for filing a notice of appeal from said order. c. Removal. If within 10 days after said order has been mailed, as above provided for, the owner or owners, agent or occupant of the property upon which such hazardous Tree is located neglects or refuses to comply with said order, or has failed to file a notice of appeal from said order with the Zoning Administrator, then the Administrator or its designee(s) may enter upon said premises and take down or remove said tree or portion thereof declared to be hazardous, and to do any and all things which in his opinion may be necessary for the protection of life, limb or property. d. Assessment of Expense. If, after the notice hereinbefore provided for has been given, the owner, agent or occupant has failed to remove such hazardous tree or portion thereof, and it becomes necessary for the Zoning Administrator to remove same, the Zoning Administrator or its designee shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within 30 days therefrom the owner, agent or occupant has not remitted to the Zoning Crystal Airport Zoning Ordinance Page8 Administrator for the expense incurred by the Zoning Administrator in said removal, the Zoning Administrator or its designee may forthwith recover the amount of such expense from the owner or owners of said property in any civil court of competent jurisdiction, in the manner provided by law. C. FAA 7460 Obstruction Evaluation. All construction of new Structures or alteration of existing Structures in an Airspace Zone shall comply with the requirements for filing notice to the FAA under the FAA 7460 Obstruction Evaluation process. SECTION V. LAND USE ZONING A. Land Use Zones. In order to carry out the purpose of this Crystal Airport Zoning Ordinance, as set forth in Section I., the following Land Use Zones are hereby established, subject to the land use zoning limits in Section VI. B. 1. Land Use Zone 1. Designated land, the extents of which are shown in Exhibit B. Land Use Zone 1 overlies the Runway Protection Zones. 2. Land Use Zone 2. All land enclosed within the perimeter of the Horizontal Zone, as shown in Exhibit C, except that land within Land Use Zone 1. B. Land Use Restrictions. 1. General Restrictions. Subject at all times to the height restrictions set forth in Section IV.B. and the FAA 7460 Obstruction Evaluation process, no use shall be made of any land in any of the Land Use Zones that creates or causes interference with the operations of radio or electronic facilities at the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lights and other lights, results in glare in the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, is deemed a "hazard" to air navigation by FAA or MNDOT as part of an FAA 7460 Obstruction Evaluation, or otherwise endangers the landing, taking ofF, or maneuvering of aircraft. 2. Land Use Zone 1 Restrictions. Subject at all times to the height restrictions set forth in Section IV. B. and to the general restrictions contained in Section V.B.l., areas designated as Land Use Zone 1 for each end of Runways 14-32, 6L-24R, and 6R-24L shall contain no buildings, exposed high- voltage transmission lines, or other similar land use structural hazards, and Crystal Airport Zoning Ordinance Page 9 3. shall be restricted to those uses which will not create, attract, or bring together a dense, confined assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, wildlife habitat, light outdoor recreation, cemeteries, roadways and vehicle parking, railroads, and other approved aeronautical uses. Where Land Use Zone 1 overlies the Runway Protection Zone, land uses and Structures within the Runway Protection Zone will be governed by Federal laws and regulations or by FAA advisory circulars, orders, or guidance. Land Use Zone 2 Restrictions. No land use in Land Use Zone 2 shall violate the height restrictions set forth in Section IV.B. or the general restrictions contained in Section V.B.l. SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP A. Airspace Zoning Limits. Exhibit D - Air art Bounda and Airs ace Zonin Limits and Exhibit E - Air art Bounda and Airs ace Contours, attached hereto and made a part hereof, show these limits. B. Land Use Zoning Limits. Exhibit F - Air ort Bounda and Land Use Zonin Limits, attached hereto and made a part hereof, shows these limits. C. Crystal Airport Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, Land Use Zones, and the Maximum Construction Heights without an Airport Zoning Permit established by this Crystal Airport Zoning Ordinance are set forth on the Crystal Airport Zoning Map consisting of 102 plates - Airs ace Zones Plates A-A2 to A-F6; Maximum Construction Hei hts Without Permit Plates MCH-A2 to MCH-F6; and Land Use Zones Plates SZ-A2 to SZ-F6 prepared by the Metropolitan Airports Commission, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries, and other information thereon, shall be and the same are hereby adopted as part of this Crystal Airport Zoning Ordinance. SECTION VII. NONCONFORMING USES A. Crystal Airport Zoning Ordinance. The provisions of this Crystal Airport Zoning Ordinance shall not be construed to require the removal, lowering, other change, or Crystal Airport Zoning Ordinance Page 10 alteration of any Nonconforming Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use. Nonconforming Structures and Nonconforming Uses are permitted under this Crystal Airport Zoning Ordinance, subject to the provisions in Section VIII. (Airport Zoning Permits) and Section IX. (Variances). Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to the Effective Date, and was diligently prosecuted and completed within 2 years of the Effective Date. SECTION VIII. AIRPORT ZONING PERMITS A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Land Use Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located. 1. Existing Structures. Except as specifically provided in Section VIII.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced. 2. New Structures. Except as specifically provided in Section VIII.B., no Structure shall be newly constructed or otherwise established. 3. Noncon forming Structures. No Nonconforming Structure shall be replaced, substantially altered or repaired, or rebuilt. B. Exception To Permit Requirement. 1. Maximum Construction Height Without A Permit. No Airport Zoning Permit shall be required for an existing Structure to be altered, changed, rebuilt, repaired, or replaced on a Lot, or for a new Structure to be constructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher (measured in feet from curb level or from natural grade at a point 10 feet away from the front center of the Structure, whichever is lower) does not exceed the "maximum construction height above ground without an Airport Zoning Permit" shown for the Lot on the applicable Maximum Construction Hei hts Without Permit Plate in the Crystal Airport Zoning Map. 2. /Vo Violation Of Height Or Land Use Restriction Permitted. Nothing in this Section VIII.B. shall be construed as permitting or intending to permit a Crystal Airport Zoning Ordinance Page 11 violation or a greater violation of any provision of this Crystal Airport Zoning Ordinance. C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XI.B. D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure or use to violate any provision of this Crystal Airport Zoning Ordinance or (2) would permit a Nonconforming Structure or a Nonconforming Use to become a greater violation of any provision of this Crystal Airport Zoning Ordinance. Any Airport Zoning Permit may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance. In making any determination, the Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination. E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a Nonconforming Structure, Nonconforming Use, or Tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that would allow such Nonconforming Structure, Nonconforming Use, or Tree to exceed the height restrictions of Section IV.B. or otherwise violate any provision of this Crystal Airport Zoning Ordinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of the abandoned, torn down, deteriorated, or decayed Nonconforming Structure, Nonconforming Use, or Tree at the owner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Crystal Airport Zoning Ordinance. In the event the owner shall neglect or refuse to comply with such order for 10 days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the Nonconforming Structure, Nonconforming Use, or Tree lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the Nonconforming Structure, Nonconforming Use, or Tree is, or was, located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per Crystal Airport Zoning Ordinance Page 12 SECTION IX. A. B. c. annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360.067. VARIANCES Variance Application. Any Person desiring to use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, whether to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to otherwise use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address specified in Section XII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator of the jurisdiction in which the Structure or property is located, as designated in Section XI. B. The Board of Adjustment may charge a fee for processing the application. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within 4 months after the last Board member receives the variance application, the variance shall be deemed to be granted by the Board of Adjustment, but not yet effective. When the variance is granted by reason of the failure of the Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XII.C. and (2) the Commissioner. The applicant shall include a copy of the original application for the variance with the notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this Crystal Airport Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance Crystal Airport Zoning Ordinance Page 13 with the spirit of this Crystal Airport Zoning Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted subject to any reasonable conditions that the Board of Adjustment, or the Commissioner acting under Section IX.B., may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance or Minnesota Statutes Chapter 360. SECTION X. HAZARD MARKING AND LIGHTING A. Nonconforming Structure. The Metropolitan Airports Commission may require the owner of any Nonconforming Structure to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Metropolitan Airports Commission to indicate the presence of the Structure to the operators of aircraft in the vicinity of the Airport. Such markers and lights shall be installed, operated, and maintained at the expense of the Metropolitan Airports Commission. B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning Administrator or the Board of Adjustment may, if such action is deemed advisable to effectuate the purpose of this Crystal Airport Zoning Ordinance and be reasonable in the circumstances, be granted subject to a condition that the owner of the Structure in question permit the Metropolitan Airports Commission, at its expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an Airport Hazard. SECTION XI. ZONING ADMINISTRATOR A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the provisions of this Crystal Airport Zoning Ordinance. Applications for Airport Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee for processing the application. Airport Zoning Permit applications shall be considered and acted upon by the Zoning Administrator in accordance with the provisions of this Crystal Airport Zoning Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be amended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicant to record any conditions of an Airport Zoning Permit, if required by law. Crystal Airport Zoning Ordinance Page 14 B. Designated Zoning Administrators. For the purpose of this Cr/stal Airport Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the Crystal Zoning Administrator for lands located in the City of Crystal; the Brooklyn Park Zoning Administrator for lands located in the City of Brooklyn Park; the Brooklyn Center Zoning Administrator for lands located in Brooklyn Center; the Minneapolis Zoning Admrnistrator for lands located in Minneapolis; the New Hope Zoning Administrator for lands located in New Hope; and the Robbinsdale Zoning Administrator for lands located in Robbinsdale. In the event that 1 or more of the above-described Zoning Administrators fails to administer or enforce this Crystal Airport Zoning Ordinance as provided by law, the Crystal Airport Joint Airport Zoning Board hereby appoints the Metropolitan Airports Commission to administer or enforce this Crystal Airport Zoning Ordinance in the municipality or municipalities. If any ofRcial position designated above as a Zoning Administrator ceases to exist or to perform or serve its present function, the successor position as designated by the applicable entity shall become the Zoning Administrator for that entity and shall perform or serve such functions. SECTION XII. BOARD OF ADJUSTMENT A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of Adjustment that shall consist of 5 members appointed by the Metropolitan Airports Commission, and each shall sen/e for a term of 3 years and until a successor is duly appointed and qualified. Of the members first appointed, 1 shall be appointed for a term of 1) year, 2 for a term of 2 years, and 2 for a term of 3 years. Upon their appointment, the members shall select a chair to act at the pleasure of the Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission for cause, upon written charges, after a public hearing. B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by any Zoning Administrator or the Metropolitan Airports Commission in the enforcement of this Crystal Airport Zoning Ordinance and to hear and grant or deny variances. C. Board Procedures. 1. Rules, Meetings, And Records. The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this Crystal Airport Zoning Ordinance. Meetings of the Board of Adjustment shall be held Crystal Airport Zoning Ordinance Page 15 4. at the call of the chair and at such other times as the Board of Adjustment may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of the Metropolitan Airports Commission and the Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located, and shall be a public record. Written Findings And Conclusions. The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission and in granting or denying a variance. Majority Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to afPrm, modify, or reverse an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission, to decide to grant or deny a variance, or to act on any other matter upon which the Board of Adjustment is required to pass under this Crystal Airport Zoning Ordinance. Mailing Address. The mailing address for the Board of Adjustment is: Crystal Airport Zoning Ordinance Board of Adjustment c/o Executive Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 SECTION XIII. APPEALS A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order, requirement, decision, or determination of a Zoning Administrator made in administration of this Crystal Airport Zoning Ordinance may appeal to the Board of Crystal Airport Zoning Ordinance Page 16 Adjustment. Such appeals may also be made by any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper application of this Crystal Airport Zoning Ordinance as it concerns such governing body or board. B. Commencement Of Appeals. All appeals hereunder must be commenced within 30 days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment the notice of appeal and all papers constituting the record upon which the order, requirement, decision, or determination appealed from was taken. C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, decision, or determination appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown. D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in Person, by agent, or by attorney. E. Decision. The Board of Adjustment may, in conformity with the provisions of Minnesota Statutes Chapter 360 and this Crystal Airport Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of a Zoning Administrator. SECTION XIV. JUDICIAL REVIEW Any Person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment or any action of the Commissioner taken under Minnesota Statutes 360.063, subd. 6 or 6a, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an Crystal Airport Zoning Ordinance Page 17 order, requirement, decision, or determination of the Board of Adjustment or action of the Commissioner is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The petitioner must exhaust the remedies provided in this Crystal Airport Zoning Ordinance before availing himself or herself of the right to seek judicial review as provided by this Section XIV. SECTION XV. PENALTIES AND OTHER REMEDIES Every Person who violates any provision of this Crystal Airport Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement, decision, or determination of a Zoning Administrator pr the Board of Adjustment shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and imprisonment established for misdemeanors by state law. Each day a violation continues to exist shall constitute a separate offense for the purpose of the penalties and remedies specified in this section. This Crystal Airport Zoning Ordinance may also be enforced through such proceedings for injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be amended, and other applicable law. SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES A. Compliance Required. In addition to the requirements of this Crystal Airport Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota Statutes §§ 360.81-360.91 - Regulation Of Structure Heights, Minnesota Rules 8800.1100 - Regulation Of Structure Heights, and 14 Code of Federal Regulations Part 77 - Objects Affecting Navigable Airspace. B. Conflicts With Other Regulations. Where a conflict exists between any provision of this Crystal Airport Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be with to the height of Structures or Trees, the use of land, or any other matter, the y-<. if-'r. ... '. -."-... ..^^.T^.. .~'. more stringent law, regulation, or rule shall govern and prevail. C. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this Crystal Airport Zoning Ordinance are intended to refer to the most current version and citation. If such references are no longer valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern. Crystal Airport Zoning Ordinance Page 18 SECTION XVII. SEVERABILITY A. Effect Of Taking. In any case in which the provisions of this Crystal Airport Zoning Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Crystal Airport Zoning Ordinance as to other Structures, Lots, and Trees, and, to this end, the provisions of this Crystal Airport Zoning Ordinance are declared to be severable. B. Validity Of Remaining Provisions. Should any section or provision of this Crystal Airport Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Crystal Airport Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. SECTION XVIII. EFFECTIVE DATE This Cr/stal Airport Zoning Ordinance shall take effect on the 1 ^: day of v c<rMAjcr 2024. Copies thereof shall be filed with the Commissioner and the Registers of Deeds for Hennepin County, Minnesota. Passed and adopted after public hearings by the Crystal Airport Joint Airport Zoning Board this (^ " day of N^ ^. ,202^. Crystal Airport Zoning Ordinance Page 19 I hereby certify that this is a complete, true, and correct copy of the Crystal Airport Zoning Ordinance as adopted by the Crystal Airport Joint Airport Zoning Board on JVp\/eynDe.f~ _Q_, 20^. ^^ Richard Weyrauch, Chair Crystal Airport Joint Airport Zoning Board Date:Wi/ y ^z ^ Rebecca Townsend, Secretary Crystal Airport Joint Airport Zoning Board Date: ^>^ & <^)tS Subscribed and sworn to before me this ^ day of J^s2V£CQb^l_/ 202^ by Richard Weyrauch and Rebecca Townsend, Chair and Secretary respectively, of the Crystal Airport Joint Airport Zoning Board. 3A-a4c of Minnescl-o^ CcarrKj (^ Hennepi rJ /v^ii^^ Notary Public . ?.".'. -- >,.... ^ "w^ "bro. .4^ b &r sttXl Airprl' JO|A+ Airpori' 2bn/n 'BoOL^ Crystal Airport Zoning Ordinance Page 20 ^'1;t^-»ndiaro Avenue Northj S a3^"^, ~ j-? -^ W'Wwue^x^6'* .|Kyle Aimmi8 Ncrth3 y)lONanuaAVSU"ru 9M1Q SSJ<K/^"\r^tIrththI2sI§I<51-1IsrthI^.j ^B AVC">S North'^ c..^*sNobto Avenue N°ffi .^:;^Brth 0Oicwrd Avcniie . gpe,<y Avenue Npnh COs,ic.s's-'i£''g'Sf:5>:i?&-.3'^a/ssi.<i7!tI;st-ri../£.cII|:m.iFtofria Avenue Nor Geoig" Avenus North©^ww^^.^dIIUON snuaAVAjs^WON awsnvlicno 'S'g ilUBNariusAVjuafiay11140)i i-c^E5"loss®^.B!.s-.1>y-^T §®8ff^za^<"^^t6 Avenue North-s.s^<^^^t.s'§;^^ Iil°- .2CO0sgIIs.i*,9Iss usuw3IeaIh^I[^(*'»'rthrth> ^\\ .r(ndiara Awnus ?.h'1^-.s - \ ANgbfc Avenue North*^Oichafd Awn^ ^MS3^1tlXVWtiIgI 8/ri,'-2?-KvleAw>"ueN!t.^1^0.^ W"'W6nuMv*e»lcri 'I3Cw"M aiuaftv aunp5>t *K\.aMJQ saiOf/^ya ^ pe,ryAvenuBNorth\^'\ \v<1^ON awar.v iieno ^WJC^^VUt.^oi^ quoNSnusAV<J4StfI -I J1 }. I. j I-u.:!;i . , ^g. tiuoNani.laAVWi////yII'i.§Ii's^11?ia§i'-§s3-lSISiiiI S 3|'wo z'2 o1sij...r.I5<0^0ITmiltiON gnusiv auezlit) ON ghuSAtr^'.CPVyFlonda Av«ni» Noftl?eepig^A<"nlB Ngtth//z//^^%v,.^^'^"«hua^^^^w Aveiuie North^^'-""T^\'"L I ^t"^ <I5> .Is.a I^^i IiiS' 3^a?§s1 n§s\\c^NtgII. *iI<I EXHIBIT C - JAZB LAND USE ZONE 2 \ 'rs{^. »vito« Lan* n*n. Brooklsyi ^ ^/c^ -.Center1- - -r ».. p»lUlk* ftl eit. ^y e9f^v ; ' 66th Ave ftf I .<T %^/ ^ s § > Kytown nirt e?st ll& z 3 a 10 SSlhAveN 0> .£' MIC Property Line .- Municipality Boundary - - Extended Centerllnes ^^^ Runway Protection Zone (RPZ) .^^ JAZB Land Use Zone 2 1,250 2, 00 ftAve N John .ISthAveN °^n \ u. » 48 th Ave N 5,000 Feet Esri.H RE, Gar .,(c)Q| GIS us^r communi increment P Cof GeoBa^e, IGN,' .^^Eth China ( contribu rs, andjtre GIS \ s. Sod the Esri,.HERE, Garmin, Intefmap,|fc,:yB©AN, \ IL, Ordnance Suo/eyVEsri Japan, \ipng), (c) OpenStteetMap 3 Community Crystal Airport Zoning Ordinance Page 23 DIys0B:r§s%^'HK, r, StwifMI^I00?js?.I's k"7z ^;«mliaA»H d]^.sllCUJSfc^2-fl^r>':"<»»andCrNw-s- -..73sio*'Ps"<ea»VIN»vul«*xItSB«»rou"'» s-o09tSuTo/tautSuToAve H.",(t<*,i.;1 IEl,®I ^I"=i- CelORtttaAVB NI'?i S g^'S£ii Ave NaFtlcNI B S S i".X3 ^j on m fcaae AT N:S^lt?N-3 ^i^^Sm"i §"1 "5 5' f- o 3 &'' %"gi'l.l, ?.j'ji^t I^IS?2 ,0:0i/ ^llimpshrB AVB N:^"^:a) ^^H 8*V n"l«'!<.It,<aIU'yjT-i' iW~K^N".1^tlentLC^.l^".i^A«'» -3W^A1et3-i ^"ft ok aucz£"1\1\^ i/". \SSl^l I 's^ s ^H "V »»^H ««< »"r*»-'^f'l.ince Ave Nrt«.tfWII..;s%eearifttCW|I«IB"»'klilFranccf.2e nth Ave Mu yfflaz'a.-0 W' ;0 3' _ v!ncert AVBN Upl»n A=- 0 - diSherriar^-cM RusseBB)eM^4'ftraes Aw NNPenn-Qf? (pItivCr»»s?'.-s!;Nswton Ave Nl.a Aw N.sww'!\. nf-VuW Broadwav AvaIz rae}~""3^RegenlA»cNM^mA»eN/ urXeiXtwAvnN11I1-1IaI5I?0II0sIg65 EXHIBIT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS - MIC Property Une Alispace Contour - Municipality Boundary - WOfeetAMSL - - . Airspace Zoning Umit - 950feetAMSL - - Extended Centeriines - 1000feetAMSL -1020 feet AMSL 1050feetAMSL 1100 feet AMSL 11SOfeetAMSL 1200feetAMSL a" // s?-v ^ ^\ i .-<^ ''-"'? s^> S 5 "/ I Brooklyn %,,,^Center I Broo..iBruAllpt Center .? s i .c/ &IE > t|k« Rd , .<8hi to k C IS SSIhAtN S41h/ \ Gs) f NSBihAW Mmneapolis"" r^' ^ New Hope s »hit2n, -Av«.N C».:^tNy 4G Ave N GS 2,000 4,000 ^ ^p^'1 J^-^l -^^-- R mw!'1' "" ^ \ s z Robbinsdale" I ® Is .1.?- - - . \.X-. ^... J|sri|liE, E, Garrffin, (c) Opii;StreetMap 60 "« ,.IS4.i|e^commuff[ty, Spurges^Esri, HERE, .afrain, Ira^mfap, »bA«N incre^t P Coip.JGEBCd^USb^, FAO,|NF^ |lRCiN>;f iGeoBS^fe, IGN, Kaijaste'r-NL, ©rdi!)^nGe>.Survei?'|Esrj,ia!pai^z METI |Bsri China'(Hong, ^ong)(c)^penStreet ap|z|| \contributors, ana me GIS User ©omSi.unity 1 S I -I Cryfirt I 1 Crystal Airport Zoning Ordinance Page 25 iI^gr§.5'IQn>^^^1^y^./f-S?°> ^ 5 SII.^ISIN SAV eKtauuW z// »/ Ax3CwOBgAVAc.,, >(uaM,\.\\'0>Ir?l.';(i^^AijOd ;^^A ;2;'S'\'N3AV:,^^_\^tN^v^rwmgis\\\\^pNauw°OAN any P1B380>3-Is\\as\^f-rawt: Ave N,|'S Attachment E 135 122139132 131 133 131 131 131 131 131 131 133 131 133 133 133 133 133 969798951151061001146272811356269727873747172132 7379124133 116 119 133131 122 123 134 112 9313613551 126114 81 70 126104888913096116118 102 93 122 110 79 127 120 122135 110 139 122 134 7713913012811310411897981181201369184 117 102 99 7570591218674136 111 129 114 10597100 112 120 108 84101118 127 14110091921121149075 137 42 34 35 36 12498102 101 93966962567763545368126 94 86133 135133 133 131 133 133 131 131 131 135133 133 135 135 135 133133133133135 135135 133135 133137137137137 135 137133 133 133 133137 137139137139135 141143 141139139139139135137137137137135137137137137131137137131 131 129 133 131 139139131 131 131 131 131 131 131 129 137 139139 137133131131137135 131 131 137135135135 137135133 133 133 133 133 133 131 133 135137137135 135 1371371 3 7 135 133 137 135135135135135135137133135135139 137 137 137 137137 137 137 141 141131 135 135 133 135 137 137133 135 135 135 133 137135 137133137 135 133 137135135135135135 135 133 135135135 135 135133 139137139 133 131 133 133131 131137 139 13798133 137131133 1 3 3 141 141139141 139 139 143 141137135135133133137137137 137139139139139139139 137 137 137 137 137 137137 137137139 137 139 139 139 137 135 133 135 133133 133135135 135 135 139139 139139141 135135135 139139141 141137139135 137137137137 139 139 135 133 1038392951001039993103113105128111120126134134139133120139116116909213012313611210911176595760646956655963522843 441357550695155655645 41 50 8934 118 90137119 134 105 106100127 96 107 90103 8590 96139101141141141141 117 112141141 123128141133 134 141 139141137137 141141 141 143 141 141 139 139 141 139 141141 141 139141141133135135135137 137 137137 135 137 137 137 135 137 139 137137 137 137 137 137 139 135 131 135135 133 75 74 133 133133133 137135 141 139 141 139139 139137 139137 139137 139137 137 141101141 141137139139139139 137 135 135 133 137137135 135137133 102 131 139135133 133 133 135139 133475051 13945 139 141 131135 89137 139 141888893859510110310911112512613760 13170 137 131 135133 133 133 133 133 63135 133 133 135 135 135 135 58135 6671137141137137141135137137 135 137 135 137 135 135 135 112 133125133 141139139139139139139139139139135 11553 88139 133 114 106 8783134 83124109 95 59 1419297112 99 81 72 62 13087135133135 133135 135 133 133133135135133139135 139 139 139 139 139 139 135135135133 133 137 141141 139 139 139 139 139 141141141139 135 135131 131 131 131 131 131 131 131131 131131 131 139139139139139137133 131 131137 137 139141 141139141137 137 139 139 141 137 141137 139139 141 1 3 9 139139133133133133135135135135 135 137137 137 137137137137135137 137135135137135135 135 135 133 133 137 131139133 1371351199210182 1 2 1 103 131121 12584 1301331317313449115 50137887280105 89 431099112063130 139 114 139 126 126 135 136 7591 0 900450 Feet MIC Maximum Construction Heights Without Permit MIC Property Line Airport Hazard Area 50 feet or less 51 - 100 feet 101 - 150 feet 151 - 200 feet 201 - 250 feet 251 - 300 feet 301 - 350 feet 351 - 400 feet MCH - D3 F6F5F4F3F2F1 E1 E6E5E4E3E2 C2C1 C6C5C4C3 B2 B6B5B4B3B1 A2 A6A5A4A3 D6D5D4D3D2D1 143145 88 86 78 73 76 71 145 142 122 131107 120 97 63 85 145 145 145 145 147 110 117 102 89 84 95 123 145 147 7654 123 51 143 145 145 145 145 145 149143145 135 145 130 145 143108141 130 51118 145 13790 541361358912781108 94 8966 145 97 145 96 58 61 122 110 65 110 74 139 122 7176 8464 98 7574 73 61 102 123 99 118 113 110 103 143 110 121 142 134 77139 142 134 125 120 89 87 80 77110 6965129 136 142 7611053 116 102 84111 95 10679 106 101 97 33 114118 115 127 134 104 80 79111 13434 122639689 9349 115145136 98 108 57 139105112 123 130 127 99 85105 63 91 46684872 141 55124 104 14281 91 49 64 144 142 133 90 70 67112101112 99131 123 117 106 141 99 97 143 145 141143 145 143 145 145 145 145 145 145 145145 145 147 147 147147147 147147 147147 137139 143135141141143 141141 141 139139 139139145 145145 1 3 7 141 141 141141 141 141 141 141 141 143 141 141 141 141 141 145 141 141 145 151149 149 149 147 149 145 145 145 145 145 145 145 145145 145 145 147 145 143 143145 145 143 145145 141 143 145 141 145 145 145 145 145145 145145 145 147147 147141 141139141 139 139 143 141 141141141 141 141 153139139 139139141 143143 139139141 14142 111 83 122757370 121 113 131 106101 84 8368 10410311290 102 121 12010582123143 142 1411161385367 81 85 42 135 129 56 47 137 11641 8827 33 134113 35 119 107 105 66 134 76 100100 2310610093878173686456484136112 95100 125 145 133 139 139 7492125 143 137 129 1288590 96139101141141141141 117 112141141 123128141133 134 141 139 143 141 141141 141 143 141 141 139 139 141 139 141 141 141 141 143 141 141143 141139 141141 141 141143143 141141143143 141 139 141 139 141141 141 39 139 141 141 141 143 141 139 141 139139 141 143 139137 139137 139137 139137 137 141 141 139 141 141 145 137 137 135102 143 145 143 141 139 139 141 141 141 141 7396 139 105 105 147147147147147147147147147147147147139 141 118 135 126 104 112 98139 95 139 141 137 139 141 86 139 139 76 139 5752 149 74 55 72 52 53 50 91 51 89 93 49 8767 60 63 82 7592 91 91137 141121 145 145 101 145 143 145 119117145 10274141 89 100 108 106 41 87 145 137 137 135 135 121 115113112141113 147 147 145 147 145 147 145 147 145 145 145 141 145 115 88139114 76 143137 106 134 135 116123 97 93 91 139 20 87 91 1354514081 141 144 130 65 676356 53 41 145 149 145 147 149 143 147 145 145 145147145143 143 145 141 147147145147147147143 139 147 147 147 145 143 145 147 147 147 139 139 139 133 141 139 141141 141141 139 143 143 141 143 139 139 139 139 141141141139 147 145 145145 145 149147 149 139 143 143 141141139141137 141 141 139139 141 141 1 3 9 139139 145 145 145 145 145 13741 51 726239 6842 56 118 71 102 101 98 113 123 73 10510811512382 66 145 137 131 125 139 126 136 7591 101 134 130 0 900450 Feet MIC Maximum Construction Heights Without Permit MIC Property Line Airport Hazard Area 50 feet or less 51 - 100 feet 101 - 150 feet 151 - 200 feet 201 - 250 feet 251 - 300 feet 301 - 350 feet 351 - 400 feet MCH - D4 F6F5F4F3F2F1 E1 E6E5E4E3E2 C2C1 C6C5C4C3 B2 B6B5B4B3B1 A2 A6A5A4A3 D6D5D4D3D2D1 Planning Commission Meeting March 11, 2024 Public Hearing: Amend Official Zoning Map Attachment F Amend Official Zoning Map The Crystal Airport Zoning Ordinance (AZO)was recentlyadoptedbytheJointAirportZoningBoard(JAZB)and wentinto effect on January 1,2024. State statute does not require that the ordinance be includedinthe Unified Development Code (UDC). As allowed by city code,City Council approved theinclusionoftheordinance as an appendix to city code State statute requires the city to amend its official zoning maptoreflect the airport safety zones in the ordinance. Zone 1:Same boundary as the Airport districtZone2:Primarily regulates structure heightAirSpace: Extends to the surrounding cities and regulates interference with airport operations Ordinance Background JAZB was formed in 2021 by the Metropolitan AirportsCommission(MAC)to update the 1983 ordinance. JAZB consisted of representatives from Crystal,BrooklynPark,Brooklyn Center,New Hope,Robbinsdale andMinneapolis MAC held a public hearing in April,2023.After approval by MnDOT,the airport zoning ordinance (AZO)was adopted by the JAZB and went into effect on January 1,2024. Ordinance Administration Two issues received the most discussion during the ordinance approval process: 1.Tree removal. AZO requires that trees that project into airspace be trimmed or removed. 2. Additional Review of New Structures. AZO requires additional review, including in some cases FAA review, for some new structures. Tree Removal AZO requires that trees that project into airspace be trimmed or removed. The city has not been involved in enforcement of these provisions in the past, and the AZO does not require the city to be involved in the future. The ordinance language doesn’t require the city to order removal of trees on private property. MAC may continue to do so by direct discussion with property owners as it has in the past. Additional Review of New Structures There was concern during the ordinance adoption process that new structures would go through a burdensome review process. There are two tools for determining a structure’s impact: Grid maps. The maps provide the maximum height of a structure for each property within zone 2 (approximately one mile radius). FAA online tool. The tool reviews a larger area (up to 4 miles) around the airport for conflicts with reflectivity and signal interference. Staff has determined that in nearly all cases for properties in the R-1 district,no additional review would be required. Rooftop Solar Panels Staff has received written conformation from MAC that rooftop solar panels do not require any review under the AZO if they do not exceed the maximum height (roof peak) of the existing structure. In the unlikely event that they do exceed the height of the roof peak, then the standard review procedures would apply (next two slides). Other Construction Not Needing FAA Review New structures do not need additional review if they do not exceed the height of existing structures on the property. If they do exceed such height, they would still not need additional review if the new structure is shielded from the airport by something else (tree, other building, etc.) and the new structure does not exceed the maximum height on the grid maps. Nearly all construction would meet either of these tests. Construction Needing Review In the rare case when a new structures needs additional review, the FAA tool will determine whether FAA Form 7460 must be submitted for a formal FAA determination. Based on city staff testing the tool using multiple locations, a determination to require submittal of Form 7460 would be extremely rare. Site-Specific Examples Examples on the following slide: All examples are for a 2-story addition to a single-family home Maximum height of the addition is 32’ per R-1 zoning Six examples are taken from the three neighborhoods surrounding the airport Address Neighborhood Max height on grid map Existing home type MAC/FAA review needed?Notes 5702 Zane Ave N Skyway 141'Single-story No 1.Addition does not exceed grid map height 2.Large tree shields addition from the airport 5629 Perry Ave N Skyway 87'Split level No Same as 5702 Zane 5644 Elmhurst Ave N Lions Parks 137'Single-story No Same as 5702 Zane 6427 -58th Ave N Lions Park 62'Single-story No Same as 5702 Zane 5566 Unity Ave N Twin Oaks 86'Single-story No Same as 5702 Zane 5517 -56th Ave N Twin Oaks 139'Single-story No Same as 5702 Zane Hold the public hearing to receive comments Consider recommending approval of official zoning map amendment Staff Recommendation Planning Commission Action Requested Approve the proposed amendment to the official zoning map Next Steps •City Council first reading on March 19 •City Council second reading and adoption on April 2 •Publication on April 11 •Effective Date May 2