PLA 12/19/2012
CITY OF FRIDLEY
A G E N D A
PLANNING COMMISSION MEETING WEDNESDAY, DECEMBER 19, 2012, 7:00 P.M.
======================================================================
LOCATION: CITY COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: November 21, 2012
PUBLIC HEARING
1. :
Consideration of a Text Amendment TA #12-03, by the City of Fridley, to consider updated
language changes in the R-1, R-2, and S-1 Residential Zoning Code sections regarding
allowable home businesses.
PUBLIC HEARING
2. :
Consideration of a Text Amendment TA #12-04, by the City of Fridley, to consider
renumbering and code language updates to Section 205.30 of the Fridley Zoning Code in
addition to a map of the existing approved locations for telecommunications facilities being
added to Appendix A.
PUBLIC HEARING
3. :
Consideration of a Text Amendment TA #12-05, by the City of Fridley, to consider
corrections to automatic meter reading and telecommunications permit fees in Chapter 11 of
Fridley City Code.
4. RECEIVE THE MINUTES OF THE NOVEMBER 1, 2012, HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSION MEETING.
5. RECEIVE THE MINUTES OF THE OCTOBER 1, 2012, PARKS AND RECREATION
COMMISSION MEETING.
OTHER BUSINESS:
ADJOURN
Memorandum
Planning Division
DATE: December 12, 2012
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: TA#12-03 Home Occupation Text Amendment Public Hearing
Background
A common code enforcement problem for city staff is dealing with illegal home occupations—that is,
home businesses that do not fit within the parameters allowed by the zoning code. Staff has had to defend
the home occupation code language in court on occasion when we have been required to issue a citation
to a property owner who refused to discontinue the disallowed business. When this has occurred, our
legal counsel has pointed out that the City's method of listing permitted home occupations in the
"Definition" section of the zoning code is rather unconventional and could be legally challenged.
Nothing is stated as to what constitutes a legal home occupation in the permitted use sections of the
residential portions of the zoning code. This is a more appropriate place in the code for explanation of the
City's requirements.
In addition, there are certain portions of the home occupation definition that could be better defined.
Fridley's current definition only pertains to an "occupant" of the property. But, staff has experienced
situations where the owner is not an occupant of the home. The basis of the Fridley Zoning Code,that
follows authority in state statute, is that the owner is ultimately responsible for ensuring code compliance
on the property. Therefore, the home occupation definition should be modified to refer to both the owner
and the occupant.
Also, a common illegal home occupation is vehicle repair,but the current code language does not clearly
list that violation. Staff is proposing new language that clearly states that motor vehicle service and repair
is prohibited. Chronic garage sales which are really a retail sale operation is another problem that is not
addressed in the code, so new language quantifying the number of garage sales someone can have
annually is proposed.
Recommendation
Fridley staff has prepared the attached draft ordinance language, which we feel comprehensively
addresses the various code interpretation problems encountered over the years, for commission review.
A public hearing has been set for the Planning Commission's December 19 meeting for the commission
to accept public testimony and provide a recommendation to the City Council.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE
PERTAINING TO HOME OCCUPATIONS
Section 1: That Section 205.03 of the Fridley City Code be hereby amended as follows:
37. Home Occupation.
Any ag inful occupation or profession engaged in by the owner or occupant of a dwelling unit and
occurring within the dwelling unit that meets all the requirements set forth in the
� + ' r-y building. Any home
�plicable provisions of the Zoning Code. �
occupation must meet all requirements as specified in the corresponding zoning code. Any home
occupation shall be clearly incidental and secondary to the principal use of the premises and shall
have no adverse impact to building aesthetics traffic volume hours of operation noise, odor,
dust smoke heat vibration or any other activity that adversely affects the health, safety, and
general welfare or is detrimental to the residential nature of the surrounding neighborhood. shall
and similar uses.
B. No stoelc ift trade is stored outside the dwelling-af+4--
C N evef the a retail sales Are-involved-.
D T Ar-anee to the heme oeeupafien ffom within the stfuetur-e.
E. Teaehing is to be lifnited to six (6) or-less stadents at an), given fifne.
F. Lieensed home based F-amily Day Care that sen,e twelve (12) or-fewef ehildr-en W-hen one
(!) ear-e giN,e---,--- provided and fieensed home based group FaFnil�' )ay Gife that senze
7
as defined by the-
N4ifflneseta Rule, 1-2---A- 9502.0300 300 + ocm nnnc (
G. in addition to spaees required by the eeeupant 7 theFe is no need for- mor-e t
two (2) additional parking sp tees at any given time
14. Efnpleye,-s shaj! eensist of member-s of the immediate family on!),.
Section 2: That Section 205.07 of the Fridley City Code be hereby amended as follows:
(4) Home occupations
Home occupations shall be allowed in the R-1 one-family dwelling district, subject to the
following,criteria.
(q� Home occupations must be carried on entirely within the dwelling unit.
Home occupations are not permitted within a detached or attached accessory
building or garage.
Lcj The entrance to the space devoted to such occupation shall be within the dwelling.
There shall be no separate entrance into the business area.
Employees are restricted to occupants of the dwelling and a maximum of one (1)
non-occupant employee.
Le) There shall be no internal or external alterations which involve construction features
not customarily found in dwellings.
f� Mechanical equipment that is not customarily found in a home may not be installed
within the dwelling.
Exterior storage of equipment or materials used in the home occupation is
prohibited.
Parking of commercial vehicles must follow regulations set forth in Chapter 506.13
of Fridley ily Code.
Q There shall be no additional exterior indication of the home occupation, including
advertising and/or displays of any kind other than the permitted signage set forth in
Chapter 214.
Parking needs for the home occuipation shall not exceed more than two (2) parking
spaces at any given time in addition to the spaces required by the occupants.
A home occupation involving teaching is limited to four (4) or less students at any
given time and lessons or classes shall be given within the principal structure only.
Licensed day care as defined and regulated by state law is considered a permitted
accessory use subject to the regulations set forth herein.
Over the counter retail sales are prohibited except for articles incidental to a
permitted commercial service such as shampoo sold by a beautician or barber and
sales conducted by mail or the internet.
(n) Garage sales may be conducted no more than 10 days in a 12-month period.
Co� The following activities or those of a similar nature are prohibited:
Motor vehicle service or repair of any vehicles other than those registered to
residents of the property;
A commercial food service requiring La State license or inspection by a
government entity other than the City;
Activities that generate significant amounts of customer traffic to the premises,
in excess of ten (10) vehicles per day;
Activities that generate significant amounts of truck traffic to the premises in
excess of three (3) deliveries or pick-ups per week. Deliveries and pick-ups by
semi-truck/trailer shall be prohibited.
Section 3: That Section 205.08 of the Fridley City Code be hereby amended as follows:
(6) Home occupations.
Home occupations shall be allowed in the two-family dwelling district subject to the
following criteria.
(a) Home occupations must be carried on entirely within the dwelling unit.
(b) Home occupations are not permitted within a detached or attached accessory
building or ag rage.
(c) The entrance to the space devoted to such occupation shall be within the dwelling.
There shall be no separate entrance into the business area.
(d) Employees are restricted to occupants of the dwelling and a maximum of one (1)
non-occupant employee.
(e) There shall be no internal or external alterations which involve construction features
not customarily found in dwellings.
(f) Mechanical equipment that is not customarily found in a home may not be installed
within the dwelling.
(g) Exterior storage of equipment or materials used in the home occupation is
prohibited.
(h) Parking of commercial vehicles must follow regulations set forth in Chapter 506.13
of Fridley City Code.
(i) There shall be no additional exterior indication of the home occupation, including
advertising and/or display of any kind other than the permitted signage set forth in
Chapter 214.
(j) Parking needs for the home occupation shall not exceed more than two (2) parking
spaces at any given time in addition to the spaces required by the occupants.
(k) A home occupation involving teaching is limited to four (4) or less students at any
given time and lessons or classes shall be given within the principal structure only.
(1) Licensed day care as defined and regulated by state law is considered a permitted
accessory use subject to the regulations set forth herein.
(m)Over the counter retail sales are prohibited except for articles incidental to a
permitted commercial service such as shampoo sold by a beautician or barber and
sales conducted by mail or the internet.
(n) Garage sales may be conducted no more than 10 days in a 12-month period.
(o) The following activities or those of a similar nature are prohibited:
(1) Motor vehicle service or repair of any vehicles other than those registered to
residents of the property;
(2) A commercial food service requiring a State license or inspection by a
government entity other than the City;
(3) Activities that generate significant amounts of customer traffic to the premises,
in excess of ten (10) vehicles per day;
(4) Activities that generate significant amounts of truck traffic to the premises in
excess of three (3) deliveries or pick-ups per week Deliveries and pick-ups by
semi-truck/trailer shall be prohibited.
Section 4: That Section 205.23 of the Fridley City Code be hereby amended as follows:
(4) Home occupations
Home occupations shall be allowed in the Hyde Park Neighborhood District, subject to
the following criteria.
(a) Home occupations must be carried on entirely within the dwelling unit.
(b) Home occupations are not permitted within a detached or attached accessory
building or garage.
(c) The entrance to the space devoted to such occupation shall be within the dwelling.
There shall be no separate entrance into the business area.
(d) Employees are restricted to occupants of the dwelling and a maximum of one (1)
non-occupant employee.
(e) There shall be no internal or external alterations which involve construction features
not customarily found in dwellings.
(f) Mechanical equipment that is not customarily found in a home may not be installed
within the dwelling.
(g) Exterior storage of equipment or materials used in the home occupation is
prohibited.
(h) Parking of commercial vehicles must follow regulations set forth in Chapter 506.13
of Fridley City Code.
(i) There shall be no additional exterior indication of the home occupation, including
advertising and/or displays of any kind other than the permitted signage set forth in
Chapter 214.
(j) Parking needs for the home occupation shall not exceed more than two (2) parking
spaces at any given time in addition to the spaces required by the occupants.
(k) A home occupation involving teaching is limited to four (4) or less students at any
given time and lessons or classes shall be given within the principal structure only.
(1) Licensed day care as defined and regulated by state law is considered a permitted
accessory use subject to the regulations set forth herein.
(m)Over the counter retail sales are prohibited except for articles incidental to a
permitted commercial service such as shampoo sold by a beautician or barber and
sales conducted by mail or the internet.
(n) Garage sales may be conducted no more than 10 days in a 12-month period.
(o) The following activities or those of a similar nature are prohibited:
(1) Motor vehicle service or repair of any vehicles other than those registered to
residents of the property;
(2) A commercial food service requiring a State license or inspection by a
government entity other than the City;
(3) Activities that generate significant amounts of customer traffic to the premises,
in excess of ten (10)vehicles per day;
(4) Activities that generate significant amounts of truck traffic to the premises in
excess of three (3) deliveries or pick-ups per week Deliveries and pick-ups by
semi-truck/trailer shall be prohibited.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 201_.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 19, 2012
First Reading:
Second Reading:
Published:
Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432
763.572.3592
Fax: 763.571.1287
www.ci.fridley.mn.us
TEXT AMENDMENT APPLICATION
Property Information
��
Address:
Anoka County Property Identification Number(PIN#):
Legal Description:
Current Zoning: Square footage of Parcel:
Proposed Zoning:
Reason for Text` Amendment (one sentence summary, please attached full description)
Fee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to processing
Name (please print):
Mailing address:
City: State: Zip code:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
Petitioner Information
Company Name (please print): L
Contact Person's Name (please print): 14 21 ;
Mailing address:
State: Zip code:
City:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
FOR OFFICE USE ONLY
Fees
$1,500—
Application Number: -1h
J - 03 Receipt#: Received By:
Application Date: ' - —/
15 Day Application Complete Notification Date: -- v�D _
Scheduled Planning Commission Date:
Scheduled City Council Date:
60 Day Date: - j_/
60 Day Extension Date:3
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on December 19, 2012, at 7 : 00 p.m. for the
purpose of :
Consideration of a Text Amendment TA #12-03 , by the City of
Fridley, to consider updated language changes in the R-1, R-2 , and
S-1 Residential Zoning Code sections regarding allowable home
businesses .
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place . Any questions
related to this item may be referred to Julie Jones, Planning
Manager at 763-572-3599 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
December 12 , 2012 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 7 , 2013 . *This date is subject to change depending on the
outcome of the Planning Commission meeting. Please confirm City
Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: December 6, 2012
£ � t
� Memorandum
Planning Division
DATE: December 12, 2012
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: TA#12-04 Telecommunications Overlay District Text Amendment Public Hearing
Background
City staff regularly gets calls from folks working in the telecommunications field, looking for
information on the City's web site about allowed telecommunications tower sites. The current
telecommunications code in Fridley, which is overlay zoning district 0-5, contains a list of allowed sites,
listed by business name or public entity description. But, since the industry is looking to locate
telecommunications equipment in a certain geographic area, a map showing these approved sites
geographically provides better customer service to this industry.
Since staff needed to complete the zoning text amendment process in order to add a map to this chapter
of the Zoning Code, staff chose to analyze the entire Chapter and update any other necessary corrections
at this time. Staff is proposing to renumber the chapter to the same format we have used in recent text
amendments. As staff proceeds with future modifications to the Zoning Code, the entire Zoning Code
will eventually follow this format.
Another change in the proposed text amendment is to insert the actual effective date of the ordinance.
This will allow staff and online viewers from having to spent time researching the effective date if that
information is needed for a particular situation. Clarification is added regarding the abatement process,
which is further explained in a different Chapter of City Code. There are some other locations where
code language has been added or deleted to clarify the intent of the section. Allowable sign regulations
are also proposed to be modified so that the City is not attempting to regulate the content of the sign,
which federal law prohibits.
Recommendation
The City is the petitioner on this text amendment, but the normal process for a public hearing is still
being followed. The hearing is scheduled for the December 19 Planning Commission meeting, where the
Commission will be asked to accept any public testimony and provide a recommendation on the draft
ordinance to City Council. A subsequent public hearing is scheduled for the January 7, 2013 City
Council meeting.
Fridley City Code Chapter 205 (Zoning) Section 205.30. 3.B.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.30. 0-5 OF THE FRIDLEY ZONING
CODE PERTAINING TO CLARIFYING APPROVED LOCATIONS FOR
TELECOMMUNICATIONS TOWERS AND FACILITIES AND ADOPTION OF A MAP
OF APPROVED TOWER SITES AS PART OF APPENDIX A TO CHAPTER 205.30
The City Council of the City ° a30 of the finds, after
Code examination an
ads
recommendation of staff, that Sectio n 205.30
follows:
FRIDLEY CITY CODE
SECTION 205.30. 0-5 TELECOMMUNICATIONS TOWERS
AND FACILITIES DISTRICT
(Ref Ords 1112, 1114, 1117, 1136)
205.30.1. PURPOSE AND INTENT
The general purpose of this Section is to create te ° facilities,tand automatic
g
construction, and modification of towers, wireless telecommunications
m
eter reading systems in order to protect the health, safety, welfare of the competitive ttive wireless
the same time not unreasonably interfering with the development
telecommunications marketplace in the City.
Specifically,the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse impact of towers and
wireless telecommunications facilities;
adverse visual impact of towers and wireless telecommunications oufla ing techniques;ilities
B. To minimize a landscaping, and innovative ca g
through careful design, siting,
C. To promote
and encourage shared use/collection of toweraddtdtional single-use towers towe som
structures as a primary option rather than construction of
order to minimize the adverse visual impact of towers and wireless telecommunications
facilities;
caused by towers and wireless
D. To avoid potential damage to property
s facilities by ensuring that such structures oarea wh n no longer used
telecommunication
designed, constructed, modified,unsound;
maintained, located, an re
or determined to be structurally
E. To ensure that
towers and wireless telecommunications facilities are compatible with
surrounding land uses;
F. To facilitate the provision of wireless telecommunications services fashion;
the residents and
businesses of the City in a streamlined, orderly, and efficient a is rather than
G.
To encourage the location of towers in industrial and business districts,
residential areas;
H. To enhance the ability of providers of telecommunication services to provide such
services to the community quickly, effectively, and efficiently;
I. To identify specific sites within the City where wireless telecommunications facilities
may be located.
205.30.2. DEFINITIONS
The following words, terms, and phrases, when used in this section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning;
"Antenna Support Structure" means any building or other structure other than a tower which can
be used for location of wireless telecommunications facilities.
"Applicant" means any person that applies for a permit for wireless telecommunication facilities
or towers.
"Application" means the process by which a person submits a request to develop, construct,
build, modify, or erect wireless telecommunication facilities or a tower upon land within the
City. Application includes all written documentation, verbal statements and representations, in
whatever form or forum, made by an applicant to the City concerning such a request.
"Approved Site" means a site which has been approved by the City Council as an eligible
location for placement of wireless communication facilities.
"Automatic Meter Reading Device" means a device which is designed for collecting, storing,
processing, filtering and forwarding utility meter data within the Public Safety and Utility
bandwidth licensed by the Federal Communications Commission ("FCC"), including any
antenna attached to such device.
"Automatic Meter Reading System" means a series of devices which is designed for collecting,
storing, processing, filtering and forwarding utility meter data within the Public Safety and
Utility bandwidth licensed by the FCC, including any antenna attached to such device.
"City" means the City of Fridley, Minnesota.
"Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota.
"Existing Site" means a tower or antenna support structure for which a permit whas not been
issued prior to December 18, 1997 the E ffeetive Date, and which is not located on an approved
site.
"Owner" means any person with fee simple title to any approved site, existing site, site approved
by special use permit, or wireless telecommunications facility.
"Pad Mount Device" means a device which is designed for collecting, storing, processing,
filtering and forwarding utility meter data within the Public Safety and Utility bandwidth
licensed by the FCC, including any antenna attached to such device, like the automatic meter
reading device, but, which is installed on its own pedestal and not on an existing public utility
structure.
"Person" is any natural person, firm, partnership, association, corporation, company, or other
legal entity, private or public, whether for profit or not for profit.
"Public Utility Structure" means a structure or pole appropriate for supporting wires for
communications or the transmission of data or electricity and located on a public right-of-way or
public utility easement or privately owned property.
"Satellite Earth Station Antenna" is all equipment necessary for processing of traffic received
from terrestrial distributions prior to transmission via satellite and of traffic received from the
satellite prior to transfer of channels of communication to terrestrial distribution systems.
"State" means the State of Minnesota.
"Structural Engineer" means a structural engineer licensed by the State of Minnesota.
"Tower" Means a self-supporting lattice, guyed, or monopole structure constructed from grade
which supports wireless telecommunications facilities. The term "tower" shall not include
amateur radio operator's equipment as licensed by the FCC.
"Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or reception of
communications (other than radio or television broadcast communications) which a person seeks
to locate or have installed upon or near a tower or an antenna support structure. However, the
term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an
area zoned industrial or commercial; or
B. Any satellite earth station reception antenna one meter or less in diameter, regardless of
zoning category; or
C. Automatic Meter Reading Systems.
205.30.3. NON-CONFORMING USES
A. Wireless telecommunications facilities eExisting sites prior to December 18, 1997 shall
be considered a legal non-conforming use, unless otherwise provided for in this Chapter.
B. Installation of additional wireless telecommunications facilities beyond those in existence
on December 18, 1997the effeetive date of this r'fdin ~^° on existing sites is prohibited.
Failure to comply with this provision will be considered a violation of this Chapter and
subject to the penalties described herein. Routine maintenance of wireless
telecommunications facilities on existing sites is permitted, except that existing sites and
any wireless telecommunications facilities installed on existing sites may not increase in
size, height, weight, or otherwise result in an increase in the intensity of the non-
conforming use.
Fridley City Code Chapter 205 (Zoning) Section 205.30. 6.J.
C. If any wireless telecommunications facilities in an existing site are abandoned for a
period of one year, such existing site shall lose is legal conforming status and shall be
considered an illegal nonconforming use. The abandoned wireless telecommunications
facilities shall not be re-established on the site, and must be removed within twelve (12)
months of the cessation of operations. If not removed, the City may remove the facility
and assess the costs of removal against the owner(s), according to the procedures
established in Chapter 128 of City Code.
205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land
within the City subject to the provisions and use requirements contained in this Chapter.
205.30.5. USES PERMITTED
A. The construction of towers and the installation, operation and maintenance of wireless
telecommunications facilities shall be permitted use in the approved sites identified on
Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional
approved sites may be approved by the City Council, subject to the amendment
procedures set forth in Section 205.05.04 of the City Code, and the requirements of this
section.
B. All principal, special use, and accessory uses allowed in each underlying primary zoning
district are permitted in the Telecommunications Towers and Facilities District, except
that no towers shall be constructed, and no wireless telecommunications facilities shall be
placed on towers or antenna support structures, except as provided for in this Chapter.
C. Special Uses. The construction of towers and the installation, operation, and
maintenance of wireless telecommunications facilities shall be a special use in Zoning
Districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way, subject to the
special use approval procedures set forth in Section 205.05.05 of the City Code.
D. Automatic meter reading devices may be allowed on public utility structures as a
principal use in all zoning districts, subject to the provisions of this Ordinance and
Chapter 407, "Right-of-Way Management." In addition, all automatic meter reading
systems must meet the following performance standards:
(1) All automatic meter reading devices located in the public right-of-way, must obtain
an automatic meter reading device permit and pay the appropriate registration fee, as
provided for in Chapter 407.
(2) Mapping information for the site(s) must be provided with the automatic meter
reading device permit application in a format compatible to be utilized by the City of
Fridley's Geographic Information System ("GIS").
(3) All automatic meter reading device(s) must be located no higher than the top and no
closer to grade than fifteen (15) feet of a public utility structure.
(4) Automatic meter reading devices not installed on a public utility structure will be
considered as pad mount design. Its location shall be subject to review and approval
of the City prior to permit application.
(5) All automatic meter reading devices must be the same color as the public utility
structure on which they are located or as approved by City Staff.
205.30.6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
Additional approved sites, other than those provided in Appendix A to this Ordinance, shall be
approved by the City Council according to the amendment procedures of Section 205.05.04 of
the City Code. The criteria used to determine whether a site shall be designated as an approved
site shall include, but not be limited to, the following requirements:
A. Whether the proposed new site is capable of being developed to support more than two
operating wireless telecommunications facilities comparable to the others in weight, size,
and surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its
proximity to volatile, flammable, explosive, or hazardous materials such as LP gas,
propane, gasoline, natural gas, or corrosive or other dangerous chemicals; and
C. Whether the proposed new site is necessary and that useable approved sites are not
located within a one-half(1/2) mile radius of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed new site could comply
with the setback requirements of the underlying zoning district; and
E. Whether all foreseeable telecommunications uses of the proposed site could comply with
any separation and buffer requirements of the underlying zoning district;
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and certified by a structural
engineer to be structurally sound and, at minimum, in conformance with the Building and
Electric Codes adopted by the City, the National Electric Safety Code, and any other
standards and requirements outlined in this Section.
H. If applicable, whether the approved site complies with all applicable Federal Aviation
Administration("FAA") lighting and painting regulations.
I. Whether the proposed site will further the City's objective that all towers, antenna
support structures, and wireless telecommunications facilities be designed to blend into
the surrounding environment.
J. Whether the proposed site has adequate open space to allow wireless telecommunications
facilities to be installed without detrimentally impacting landscape, displacing parking, or
impeding sight lines of a current or future principal use.
Fridley City Code Chapter 205 (Zoning) Section 205.30.7.A.(4)
K. Whether the proposed site adequately contributed to the City's overall effort to
adequately meet the needs of the wireless telecommunications industry.
L. Whether the proposed site has amenities such as trees that will allow screening and sight
line relief. If not, whether the combination of site size and other site features help to
provide sight line relief.
M. Whether there are other structures near the proposed site that can serve as visual
distractions such as high power transmission structures, highway shoring, and billboards.
N. Whether there are existing buildings or natural topographic features that meet the height
requirements of wireless telecommunications facilities without a tower structure, or
which allow for a lower overall height of any necessary tower.
O. Whether there is adequate space on the proposed site so that the base of any necessary
tower can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential zoning districts.
Q. Whether housed equipment can be placed on top or on the side of a structure that
currently exists in the proposed site.
205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE CITY.
A. All persons seeking to install, operate and maintain towers or wireless
telecommunications facilities in approved sites in the City must file an special use permit
application with the City which shall include:
(1) The names, address, and telephone number of the applicant; and
(2) Written, technical evidence from a qualified and licensed structural engineer that the
proposed tower or antenna support structure is capable of supporting the equipment
necessary to install, operate, and maintain the proposed antenna. The engineer shall
also certify the capability of the tower to provide adequate structural support
considering'in view a existing or other proposed antenna installations. The engineer
shall also assess and state the design safety margin of the entire antenna support
system. The engineer shall state that within the limits of engineering certainty, if the
structure would fall or collapse for any reason or due to any event, the structure will
be completely contained within the area identified; and
(3) If proposed on a City-owned site, a completed application form for lease approval as
provided by the City; and
(4) A report from a qualified and licensed professional engineer which described the
height and design of the proposed wireless telecommunications facility including a
cross-section and elevation; and
Fridley City Code Chapter 205 (Zoning) Section 205.30. 73.
(5) A scalable s8ite plan drawn at an engineering scale showing the location of the
wireless telecommunications facility in relation to surrounding structures; and
(6) If located on a water tower, a written report addressing the requirements contained
herein for water towers; and
(7) Foundation, cross-section, and building plans for installation of the wireless
telecommunications facility; and
(8) An application fee as required by Chapter 11; and
(9) The application shall also contain an affirmative statement indicating that the
applicant agrees to comply with the provisions in Section 205.30.23 regarding
abandonment; and
(10)No new or existing wireless telecommunications service will interfere with public
safety telecommunications. Before the introduction of new service or before
implementing any change in existing service, all wireless telecommunications
service providers shall notify the City at least ten (10) calendar days in advance of
such changes and allow the City to monitor interference levels during the testing
process; and
(11)Application for a building permit from the City pursuant to Chapter 206 of the code;
and
(12)A statement as to whether the proposed development of an approved site is capable
of being developed to support more than two (2) operating wireless
telecommunications facilities comparable to the others in weight, size, and surface
area; and
(13)Written, technical evidence from an independent consulting engineer licensed to
practice geological engineering in the State of Minnesota confirming that the soil at
the location of the tower or wireless telecommunication facility is capable of
supporting the proposed antenna arrays, equipment, and personnel performing
typical work functions; and
(14)A landscaping plan showing location of materials, height at planting, types of
materials, and installation practices.
B. All information submitted with an application that is trade secret information or is for
other reasons proprietary shall be clearly market as such when submitted with an
application. The City shall not disclose publicly, or to any third party, proprietary
information unless compelled to do so by federal, state or local law.
Fridley City Code Chapter 205 (Zoning) Section 205.30. 8.A.
C. All persons seeking to install, operate, and maintain towers or wireless
telecommunications facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use
permit shall submit the information required in 205.30.07.A, except items (3) and (11).
205.30.85 APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN
THE CITY
A. All persons seeking to install, operate and maintain automatic meter reading systems in
the City must file an application with the City, which shall include:
(1) The name, address and telephone number of the applicant and property owner; and
(2) Written, technical evidence from a qualified structural engineer that the integrity of
the structure on which a proposed automatic reading device(s) will be attached and
the attachment device itself will not jeopardize the structural integrity of the public
utility structure; and
(3) A location plan matching the public utility structure identification (address) and the
appropriate automatic meter reading device; and
(4) An individual automatic meter reading device permit fee as required by Chapter 11;
and
(5) The application shall contain an affirmative statement indicating that the applicant
agrees to comply with the provisions in Section 205.30.24 regarding abandonment;
and
(6) No automatic meter reading system will interfere with public safety
telecommunications. Before the introduction of new service or before implementing
any change in existing service, all automatic meter reading system operators shall
notify the City at least ten (10) calendar days in advance of such changes and allow
the City to monitor interference levels during the testing process.
B. All information submitted with an application that is trade secret information or is for
other reasons proprietary shall be clearly marked as such when submitted with an
application. The City shall not disclose publicly, or to any third party, proprietary
information unless compelled to do so by federal, state or local law.
205.30.98. APPLICATION PROCESS
A. Upon submission of an application on an approved site, the City shall notify the applicant
in writing to confirm if the application is complete, addressing all of the requirements as
required by this section. If the application is incomplete, the letter will
Fridley City Code Chapter 205(Zoning) Section 205.30. 13.
specify what information is missing and the applicant must then submit a new
application. If an application is submitted on an approved site which is owned by the
City, a lease agreement must be approved by the City Council. The City shall comply
with the time deadlines for agency action as dictated in Minnesota State Statutes.
Construction or installation on approved sites may begin upon approval of the lease
agreement, if necessary, and issuance of a building permit.
B. If a tower or wireless telecommunications facility is approved by a special use permit, the
applicant must also apply for and receive a building permit.
205.30.101. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the highest point of
construction of any tower or wireless telecommunications facility. Towers are exempt from the
maximum height restrictions of the districts where located. Towers shall be permitted to a
maximum height of one hundred twenty-five (125) feet.
205.30.110. STEALTH DESIGN AND EXTERIOR FINISHES
All approved sites, towers, and wireless telecommunications facilities shall be designed to blend
into the surrounding environment. Monopoles with antenna arrays shall be finished so as to be
compatible with other buildings or structures in the area, and shall be finished with a non-
corrosive material. Wireless telecommunications facilities placed on water towers shall be
finished with a non-corrosive material to match the color of the water tower.
205.30.1247. ILLUMINATION
Towers shall be artificially illuminated except as required by the FAA. Upon commencement of
construction of a tower, in cases where there are residential uses located within a distance of
three hundred (300) feet from the tower, and when required by federal law, dual mode lighting
shall be requested from the FAA.
205.30.132. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and shall comply with all
landscaping requirements of the underlying zoning district. Accessory above-ground equipment
must utilize existing buildings or structures, if possible. If no existing structures are available,
the owner of the wireless telecommunications facilities may construct such a structure. At
minimum, all ground equipment shall be fully screened from public rights-of-way or residential
property by existing structures, a brick decorative wall, or a solid one hundred percent (100%)
opaque vegetative enclosure, six feet in height at planting.
205.30.142. SECURITY
All towers must be reasonably posted and secured to protect against trespass. Chain link fences
may be used to protect towers and wireless telecommunications facilities. Barbed or razor wire
is prohibited. All facilities shall be designed to discourage unauthorized climbing on the
structure.
Fridley City Code Chapter 205 (Zoning) Section 205.30. 18 A.
205.30.154. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN
CITY
Installation of wireless telecommunication facilities on water towers will be permitted when the
city is fully satisfied that the following requirements are met:
A. The wireless telecommunications facility will not increase the risks of contamination to
the City's water supply.
B. There is sufficient room on the structure and/or in the grounds to accommodate the
wireless telecommunication facility.
C. The presence of the wireless telecommunication facility will not increase the water tower
or reservoir maintenance costs to the City.
D. The presence of the wireless communication facility will not be harmful to the health of
workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing radiation and other health
hazards has been satisfied.
205.30.165. BUILDING PERMIT REQUIRED
A building permit is required for installation of any tower or wireless telecommunications
facility. The completed installation, including all associated buildings, shall comply with all
applicable building codes including but not limited to the most currently adopted version of the
N.F.P.A. 70 National Electrical Code, TIA/EIA 222 Structural Standards for steel antenna
towers, and others as may be determined by the Building Official.
205.30.176. SETBACKS
The tower or wireless telecommunications facility shall be located in rear or side yard areas and
shall be set back at least ten (10) feet from side or rear lot lines.
205.30.18-7. SIGNS
Wafning or equipment inn fmatio sSi ns no larger than 4 square feet in size and attached to a
structure are the only permitted signage associated with the tower or wireless
telecommunications facility.
205.30.198. CERTIFICATIONS AND INSPECTIONS
A. All towers and wireless telecommunications facilities shall be periodically reviewed by
the City to be structurally sound and in conformance with the requirements of the City
Building Code, this Chapter, any conditions of approval placed on a special use permit
and all other construction standards set forth by the City's Code, and federal, state, and
local law. Existing sites may be inspected for compliance with this Chapter at any
Fridley City Code Chapter 205 (Zoning) Section 205.30. 19.E.
time if the City believes there are questions regarding compliance with the City's
Building Code, this Section, any conditions of approval placed on a special use permit,
all other construction standards set forth in the City's Code, and all other federal, state
and local laws.
B. The City and its agents shall have authority to enter onto any approved site, existing site,
or site approved by special use permit between the inspections and certifications required
above, to inspect the site for the purpose of determining whether the sites comply with
the Ems State Building and Electrical Codes, the National Electric Safety Code and all
other construction standards provided by the City's Code and federal and State law.
C. The City reserves the right to conduct such inspections at any time, upon reasonable
notice to the owner(s). All expenses related to such inspections by the City shall be
borne by the site owner(s).
205.30.2041. MAINTENANCE
A. Ordinary and reasonable care of towers, wireless telecommunications facilities and
automatic meter reading systems/devices shall be employed at all times. All towers,
wireless telecommunications facilities and automatic meter reading systems shall at all
times be kept and maintained in good condition, order and repair so that the same shall
not menace or endanger the life or property of any person.
B. Owners shall install and maintain towers, wireless telecommunications facilities and
automatic meter reading systems/devices in substantial compliance with the requirements
of the National Electric Safety Code and all FCC, State and local regulations, and in such
manner that will not interfere with the use of other property.
C. All maintenance or construction on towers, wireless telecommunications facilities or
automatic meter reading systems/devices shall be performed by qualified maintenance
and construction personnel.
D. All owners of wireless telecommunications facilities and automatic meter reading
systems/devices shall maintain compliance with current radio frequency emission
standards of the FCC. In order to provide information to its citizens, copies of all FCC
information concerning wireless telecommunications facilities and automatic meter
reading systems/devices shall be made available to the City and updated annually.
E. In the event the use of a tower, or a public utility structure, or a wireless
telecommunications facility or an automatic meter reading system/device is discontinued
by the owner of the wireless telecommunications facility or automatic meter reading
system, or in the event an owner files notice to the FCC of its interest to cease operating,
the owner shall provide written notice to the City of its intent to discontinue use and the
date when the use shall be discontinued.
Fridley City Code Chapter 205 (Zoning) Section 205.30.23.
205.30.2130. PRIORITY FOR USE
Priority for use of the installation, maintenance and operation of towers and wireless
telecommunications facilities will be given to the following entitles in descending order:
A. City of Fridley.
B. Public safety agencies, including law enforcement, fire, and ambulance services, which
are not part of the City of Fridley and private entities with a public safety agreement with
the City of Fridley.
C. Other governmental agencies, for uses which are not related to public safety.
D. Entities providing licensed commercial wireless telecommunication services including
cellular, personal communication services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobile radio (ESMR), paging, and similar services that are
marketed to the general public.
205.30.2224. CO-LOCATION
Towers shall be designed to support more than two wireless telecommunications facilities.
205.30.2323. FEES
The applicant shall pay the fees listed in requested-key Chapter 11 for processing a request to
install, operate, and maintain a tower, public utility structure, pad mount device, or a wireless
telecommunications facility or an automatic meter reading system and/or devices in the City. If
deemed as necessary due to the nature of the application, the applicant shall also be required to
reimburse the City for its cost to retain a consultant to review the requested application.
205.30.2423. ABANDONMENT
If any site for which approval to install, maintain, and operate a tower, or a public utility
structure, or wireless telecommunications facilities or automatic meter reading systems has been
granted by the City shall cease to be used for a period of 365 consecutive days, the City shall
notify the wireless telecommunications facility operator, automatic meter reading device
operator and the owner of the property, that said site has been deemed abandoned. Upon a
finding of abandonment by the City, the tower, public utility structure, wireless
telecommunications facilities, or automatic meter reading system that has been abandoned must
be removed or an annual user fee shall be paid to the City. If it is determined that the abandoned
tower, of public utility structures er wireless telecommunications facility, or automatic meter
reading system cannot be removed in a reasonable time period by the owner, the City shall assess
all costs related to the removal to the owner(s), according to the procedures established in
Chapter 128 of Cites.
Fridley City Code Chapter 205 (Zoning) Section 205.30.25.
205.30.2524. SEVERABILITY
If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any
court of competent jurisdiction, the remainder of this Section shall not be affected thereby, but
shall remain in full force and effect.
205.30.2625. VIOLATION
Any person who shall violate any of the provisions of this Section shall be guilty of a
misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code.
FRIDLEY CITY CODE
CHAPTER 205.30. TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT
APPENDIX A
The following locations are zoned to and have been determined to be approved sites for the
installation of towers or wireless telecommunications facilities.
Site Description,,', Address P.I.N. #
1 Municipal Garage 400 71St Ave. NE 113024340003
2 Community Park 7000 University Ave. 113024330005
NE
3 Edgewater Gardens Park 6700 Ashton Ave. NE 153024140063
4-Fridley Reservoir 5298 Johnson St. NE 253024210001
5 Fridley Water Tower in Locke 6960 Highway 65 123024330001
Park
6 Fridley Commons Water Tower 601 61St Ave. 143024430032
7 Well #13 5105 E. River Rd. 273024210007
8 Commons Park 601 61s'Ave. 143024430032
9 Cummins Corporation 140073 I Ave. 123024410003
10 AllTemp Storage 5400 Main St. 223024440016
11 Agro-K 8030 Main St. 033024410002
12 Private Water Tower 4800 East River Rd. 273024130002
13 Undeveloped City ROW 5455 6" St. 233024340001
14 Minneapolis Water Works 4300 Marshall St. 343024120001
15 Minneapolis Water Works Pump 3710 E. River Rd. 343024430013
Station
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- .0 r y m a
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF -201—.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432 '
763.572.3592
Fax: 763.571.1287
� 1LtIfIc'_��T1fT www.ci.fridley.mn.us
TEXT AMENDMENT APPLICATION `
Property Information ')
Address: r"
Anoka County Property Identification Number(PIN#):
Legal Description:
Current Zoning: Square footage of Parcel:
Proposed Zoning:
Reason for Text Amendment (one sentence summary, please attached full description)
Fee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to processing `t1
Name (please print):
Mailing address:
State: Zip code:
City:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
Petitioner Information
Company Name (please print): '
J
Contact Person's Name (please print):
Mailing.address:
State: Zip code:
City:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
FOR OFFICE USE ONLY
Fee
00 ppication Number: T1 /�-o�/ Receipt#: Received By:
Application Date: j I- —1
15 Day Application Complete Notification Date: D-I
Scheduled Planning Commission Date:
Scheduled City Council Date: / /3
60 Day Date: I T-13
60 Day Extension Date: -/ -I
f
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N. E. on December 19, 2012, at 7 : 00 p.m. for the
purpose of :
Consideration of a Text Amendment TA #12-04 , by the City of
'Fridley, to consider renumbering and code language updates to
Section 205 . 30 of the Fridley Zoning Code in addition to a map of
the existing approved locations for telecommunications facilities
being added to Appendix A.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place . Any questions
related to this item may be referred to Julie Jones, Planning
Manager at 763-572-3599 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
December 12, 2012 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 7, 2013 . *This date is subject to change depending on the
outcome of the Planning Commission meeting. Please confirm City
Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: December 6, 2012
Memorandum
Planning Division
DATE: December 12, 2012
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: TA #12-05 Public Hearing to Amend Chapter 11, Fees
Background
Both Section 205.30.7 and 205.30.23 of the draft Telecommunications
course of a few previous code amendments, however, the fees in
the same time the Zoning Code was amended. Neither ordinance refer to fees. Over the
Chapter v were not nan'ectl
City Council for automatic er the
telecommunications site arercunentl permit fee approved in Ordinance 1 1 added at
to correct these errors at this time reading systems or the fee for locating by the
y listed in Chapter 11, Fees, and needs o be added. Staff approved
y
Zoning aff would like
g District. plating the
Recommendation
The Planning Commission is
recommendation to not required b
related to the City
Y code to hold a public hearin
another text a ty Council since it is
concurrent) mendment, staff advertised a Zoning Code text amendment.on this item or to
Zoning yon the rtised ndment. make a
g Code. meeting schedule with the pro a public hear- However
Staff recommends that the posed chan g and scheduled � since it is
item in case anyone from changes to the this item to run
m the Commission foil°� telecommunications section
Public is interested in Commenting.standard
ow standard public hearin of the
g procedures for this
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIFEE CITY CODE
PERTAINING TO TELECOMMUNICATIONS
The City Council of the City
of Fridley hereby finds, after review,f the Fridley City Code be hereby examination
amended and
recommendation of staff, that Chapter 11, Fees, o
appended into the table alphabetically as follows:
11.10. FEES
License and permit fees shall be as follows;
FEE
CODE SUBJECT $25 per tacilitY
stem ermit
Automatic Meter Readin S roved $400/user/tower
20 Telecommunications ermit to locate on a
205,30
site
At BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TH1S
PASSED AND 2012.
_DAY OF
SCOTT �- LUND,
MAYOR
ATTEST'
KOGEN, CITY CLERK
DEBRA A. S
First Reading'
Second Read►ng-
published
' Community Development Department
City of Fridley
6431 University Avenue NE
Fridley MN 55432
763.572.3592
Fax: 763.571.1287
www.ci.fridley.mn.us
TEXT AMENDMENT APPLICATION
Property Information !
Address: ��e
Anoka County Property Identification Number(PIN#):
Legal Description:
Current Zoning: Square footage of Parcel:
Proposed Zoning:
Reason for Text Amendment (one sentence summary, please attached full description)
Ili (�e�liLv�.l•' � N•�• � ' T.iY.i'' �. �tl C l.��l-� 1^i:1�`�'� iT� �� .,.1..1(� .1,�..ilr'•..i'oZ.�Yt�CL_�'��l E�
i
Fee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to processing
Name (please print):
Mailing address:
City: State: Zip code:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
Petitioner Information
Company Name (please print): a f_
Contact Person's Name (please print): - , '
Mailing address:
City: State: Zip code:
Daytime Phone: Fax Number:
Cell Phone: E-mail address:
Signature/Date:
FOR OFFICE USE ONLY
Fees
$1,500-
Application Number: Tfa" Receipt#: Received By:
Application Date: f ) /? -
15 Day Application Complete Notification Date: /-7-3a-/e
Scheduled Planning Commission Date:
Scheduled City Council Date:
60 Day Date: 4_13
60 Day Extension Date: 3 /L/-13
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on December 19, 2012, at 7 : 00 p.m. for the
purpose of :
Consideration of a Text Amendment TA #12-05 , by the City of
Fridley, to consider corrections to automatic meter reading and
telecommunications permit fees in Chapter 11 of Fridley City Code.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place . Any questions
related to this item may be referred to Julie Jones, Planning
Manager at 763-572-3599 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
December 12 , 2012 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 7, 2013 . *This date is subject to change depending on the
outcome of the Planning Commission meeting. Please confirm City
Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: December 6, 2012