PCA 03/18/2015 �
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CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, MARCH 18, 2015 7:00 P.M.
LOCATION: COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: February 18, 2015
1. PUBLIC HEARiNG:
Consideration of a Special Use Permit, SP #15-03, by Martin Consulting (On behalf of
Verizon Wireless), to allow the construction of an 89 foot telecommunication tower in the
rear yard of the property, generally located at 960 Osborne Road.
2. PUBLIC HEARING: I
Consideration af a Text Amendment, TA #15-01, by the City of Fridley, to modify the �
Chapter 211, which is the fence section of the City code to put all regulations related to
fencing in this one section.
3. RECEIVE THE MINUTES OF THE FEBRUARY 2, 2015. PARKS & RECREATION
COMMISSION MEETING.
4. RECEIVE THE MINUTES OF THE JANUARY 8, 2015, HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSION MEETING.
OTHER BUSINESS:
ADJOURN
PLANNING COMMISSION MEETING
Febraary 18,2015
Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m.
MEMBERS PRESENT: David Kondrick,Tim Solberg, Leroy Oquist, and Dean Saba
MEMBERS ABSENT: Todd Olin and Brad Sielaff
OTHERS PRESENT: Scott Hickok, Community Development Director
Stacy Stromberg,Planner
Todd Ofsthun,TCO Design
Ashley Smith,Wish Medical
Homer Milton, 5350 4�' Street
Dave Pallies, 5253 4"'Street,Columbia Heights �I
Randy Kuchera, 5301 4�' Street
Katrina Iwen, 5301 4`� Street
Approval of Minutes: January 21, 2015
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAII2PERSON KONDRICK DECLARED THE
MOTION CARRIED UNAI�TIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Special Use Permit, SP # 14-07, by TCO Design, the petitioner has �
modified the original special use permit request, for a comprehensive home health care use
that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area
will provide more opportunities for parking without increasing t6e size of the building
generally located at 5300 and 5310 4th Street NE.
MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CAAIItPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:05
P.M.
Stacy Stromberg, Planner, stated the petitioner, Todd Ofsthun,with TCO Design,on behalf of A.P.
Ventures is seeking a special use permit to allow the construction of a comprehensive home care building.
The petitioner originally was before the Planning Commission on November 19,2014,to allow this use
on the property at 5310 4`'' Street. Because of neighborhood and Planning Commissioners concerns
specifically related to parking,the petitioner waived Minn. Stat. Sec. 15.99,which reyuires the City to get
the land use item through the process in 60 days,to do further analysis.
Ms. Stromberg stated since the November Planning Commission meeting,the petitioner and
representatives for the project have negotiated a purchase agreement with the owner of the property
directly south at 5300 4t'' Street. The additional land area will allow for more on-site parking.
Planning Commission Meeting
February 18, 2015 �
Page 2 of 22
Ms. Stromberg stated the neighbors also expressed concerns about the operation of the facility and types
of staffing needed for the patients. The operator of the facility is present tonight to further answer those
questions.
Ms. Stromberg stated the properties are zoned R-3, Multi-Family, and convatescent home type uses are
allowed in this zoning district with a special use permit.
Ms. Stromberg stated the proposed facility wil) have a Comprehensive Home Care Provider License
through the Minnesota Department of Health.
Ms. Stromberg stated the owners of this project have affiliations with Allina,Fairview,and the
University of Minnesota to offer the use of the proposed facility to potential patients. The patients using
the facility will be recovering from surgery,transplant(pre-op and post-op)or another type of inedical
procedure that leaves them needing extensive rehab and medical services. This type of use is needed for
patients,who for medical reasons, cannot be on their own and do not have family or friends who can care
for them.
Ms. Stromberg stated the new site plan incorporates(2) parcels of land—53 t 0 and 5300 4`h Street. The
actual square footage of the building has been reduced in size from 2,920 square feet to 2,486 square feet.
The reason for this change is the(2)indoor garage stalls have been removed from the plan. The existing
garage on the 5300 4`''Street property will remain in place, which will provide parking as well as room
for garbage and recycling containers.
Ms.Stromberg stated the proposed building will still be 3-stories, with a maximum height of
a roximatel 35 feet. Each level will have 5 se arate bedrooms for atients and a common area with
AP Y � ) P P ,
a great room, kitchen,bathroom, storage, and laundry. The building will have an elevator and will be
have a fire suppression system. The new site plan allows for 12 surface parking stalls and 2 garage stalls,
for a total of 14 parking stalls. The previous plan had a total of 8 parking stalls. The petitioner has also
submitted a landscape plan showing new tree, shrub and perennial plantings and will be required to
construct storm water treatment on site to ensure that drainage is maintained on site.
Ms. Stromberg stated the existing house on the lot at 5300 4`f' Street is currently being rented. Staff
understands from the petitioner that the lease is up on the house in May. At that time,the residents could '
sign a month to month lease, until the new building is completed. Upon completion of the new building, �
the existing house will be requirad to be removed from the property within one year of building permit
issuance. The lot will then need to meet landscaping requirements and be properly maintained.
Ms. Stromberg stated the subject property is zoned R-3, Multi-Family and has been since the City's first I�
zoning map. The majority of this neighborhood(east of University Avenue,north of 53`d Avenue,and
west of 7"' Street)is zoned R-3, Multi-Family,with some parcels in the middle of the neighborhood zoned
R-2,Two-Family and parcels on the east edge zoned R-1, Single Family. Within this neighborhood is a
mix of single family homes,duplexes,4�lexes and larger unit buildings. The Bona Brothers property on
the corner of University Avenue and 53` Avenue was rezoned from R-3, Multi-Family to C-2, General
Business in 1971 and 1999 to allow that use to exist.
Ms. Stromberg stated hospitals, clinics, and convalescent/nursing homes are a permitted special use in
the R-3; Multi-Family zoning district provided that the proposed project complies with the reyuirements
for the special use permit, subject to the stipulations. The proposed use as a comprehensive home care
• Planning Commission Meeting
February 18, 2015
Page 3 of 22
use is most comparable to a convalescent home or rehab facility use and therefore staff has determined
that a special use permit would be required for the proposed use to exist on this site.
Ms. Stromberg stated based on the slope of the lot,the building will look like a 3-story building from the
alley and more like a 2 '/z-story building from 4"' Street. Each floor will have 5 separate bedrooms, so the
building has the ability to house a total of l5 patients. Due to the medical conditions the patients have,
they are unable to drive. As a result,parking needs for this use wi11 be for the staff and visitors to the site.
The petitioner has articulated that the m�imum number of staff on site at any one time will be 6. Any
staff ineetings for employees will either occur off-site or through electronic media. The new site plan
shows 12 surface parking stalls and 2 garage stalls within the detached garage on the 5300 4`h Street
property. The garage and the(2)stalls in front of the garage will be accessed off 53`d Avenue. Ten
parking stalls will be accessed from the alley. The new design of the parking area will allow a one-way
loop through the parking area, so vehicles won't have to back into the alley to leave the property and it
also provides better circulat�on far staff, v�srtors, delrvery veh�cles and emergency veh�cles. The bu�lding
will only be accessed from 4'h Street through the use of a sidewalk.
Ms. Stromberg stated based on Code requirements for a nursing home, which is the most similar use to
the comprehensive home care use, 8 parking stalls are required. The previous site plan did comply with
code requirements. The neighbors,the Flanning Commissioners and staff did have some concerns as to
whether this would be enough based on 6 employees potentially being on-site at any one time,plus
visitors, and any other specialized staff needed for the patients. As a result,the plan has been updated to
provide a total of 12 parking stalls,plus 2 garage stalls. When approving a request like this, staff wants to
make sure there is adequate parking provided on-site and that the use is not dependent upon on-street
parking. The 12 parking stalls will be adequate for staff and visitors, however since the street isn't signed
"no parking", it is likely that from time to time visitors will park on the street. This is acceptable,
provided it doesn't start becoming a problem. Staff will keep the stipulation previously placed on the �
special use permit that states if on-street parking becomes an issue for this site,the special use permit will '
need to go back before the City Council for further review.
Ms.Stromberg stated the special use permit will also need to go back before the Council for review if in
the future the use of the building is changed. The building as designed couldn't work if people residing in
it didn't have health conditions that didn't allow them to drive.
Ms. Stromberg stated the proposed expansion meets lot coverage and setback requirements. The
petitioner has submitted a landscape plan and a grading and drainage plan. Both of those plans will be
further reviewed by City staff prior to issuance of a building permit.
Ms. Stromberg stated City Staff recommends approval of this special use permit request as hospitals,
clinics and convalescent and nursing homes are a permitted special use in the R-3, Multi-Family zoning
district.
Ms. Stromberg stated Staff recommends that if the special use permit is ganted,the following
stipulations be attached:
{1} The petitioner shall obtain all necessary permits prior to construction.
(2) The petitioner shall meet all building,fire, and ADA requirements.
(3) City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
Planning Commission Meeting ,
February 18, 2015
Page 5 of 22
that they would get at a facility this size.
Mr. Hickok stated, also, the petitioner has taken an enormous step. They purchased the property next
door to provide a buffer. If they find their experience did not tell them the correct thing, and they need to
expand the parking, now they have the land area to do it. They are not boxed in. He would agree with
the strategy, do not put in more parking if you do not need it. There is no need to have a lot of hard
surface that is not used. This is an opportunity for them basically to provide themselves an out if they
need it. Otherwise it provides a lot of nice green open space where there was a building in bad need of
maintenance.
Mr.Hickok stated the City is getting a vastly improved product here and there is the buffer for parking.
The other thing, and he is hearing the concern in Commissioner Oquist's voice, but remember this is a
special use permit; and special use permits are there by virtue of ineeting mitigating stipulations. Over
the course of time, if the City finds there is an issue and if stipulations need to be modified or added,that
is the beauty of a special use and why it is not just a permitted use to begin with. If it becomes a problem,
it comes back and it is reviewed again. A special use permit can be revoked, but more likely in that
situation there would be a reyuirement for additional parking because demand has been demonstrated.
Mr. Hickok stated it is not staffs expectation they would be parking on the street. First-time visitors
'might because they do not realize there is a nice parking spot that is going to be well lit behind the
building. In the architectural elevations, they will notice the best entrance (a double entrance) off from
that back parking area is really probably the most inviting opportunity to enter the building. !
Commissioner Oqaist stated he agrees in the past the City probably required too much parking in some
instances, but he still has a concern on this one because once again you have to get through the alley.
V isitors are going to park out in the front.
Mr. Hickok replied staff has made it clear to the developers that sites are supposed to take care of their
own parking on site. He does not expect they are going to put in more parking than this to begin with
because experience tells them that is what they are going to need.
Chairperson Kondrick stated it is obvious, too, that the owner, realizing the City's complaints about
parking and the neighbors' concerns about parking, purchased that piece of property for parking purposes.
There will be landscaping,etc.
Homer Milton, 5330 4`h Street stated he lives two houses north of the project. Three concerns he has,
and he has talked to his neighbors are: this would put two health care centers within one-half block of his I
home. There is one right now on the corner of 54th and Sth Street. They are talking about property �i
values being affected. Also, apparently Ms. Stromberg has not been in that alley which is very small and
very nanow because it is an old existing Fridley alley. His back yard faces that alley. Now with Bona
Brothers driving up and down there it is like a freeway because they use it to test vehicles that are worked
on. Now there is going to be more traffic in that alley.
Mr, Milton stated he also disagrees with the parking on the street because Bona Brothers parks on 4th
Street all the time because they get too many cars in their lot. He would not like a parking lot two houses
from him when he goes to sell his house. It is really hard to get onto 53rd during a busy time. He talked
to the neighbors about this,and they all feel the same way about it.
� Planning Commission Meeting
February 18,2015
Page 4 of 22
(4) Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
(5} If on-street parking becomes an issue as a result of this use,the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
(6) If the comprehensive home health care use changes,the special use permit shail be
further reviewed by the City Council.
(7) The petitioner shall file the necessary documents with Anoka County to combine both of
the lots involved in this project, 5300 and 5310 4`h Street,prior to issuance of a building
permit.
(8) The house at 5300 4`fi Street shall be removed within one year of issuance of a building
permit for the new building.
Commissioner Oquist stated he has a couple of questions. They still have not added that much more
parking. He still has a real concern about parking. Also, what are they going to do with that lot when
they take that house down? That is an opporiunity to get more parking spots. Plus they are going to find
if the only way to get to the parking stalls is through the alley, a lot of visitors are going to park out on the
street. He has some real concerns.
Ms. Stromberg stated the previous plan had 8 stalls. This is 14 stalls, and 8 stalls met Code requirements
so they have gone above and beyond the Code reyuires. She does agree visitors will likely park on the
street if they do not know there is a parking lot behind the building that they can park in. The City is
okay with having some on-street pazking unless it is becoming an issue with cars up and down the street.
Commissioner Oquist asked,what about the length of time on the street? He can see employees parking
there for their shift, and they are going to be there for 6-8 hours.
Ms.Stromberg replied,the City would not want the employees parking on the street.
Commissioner Oquist asked, how do they restrict that?
Ms. Stromberg replied, that would be something the City would definitely have to inspect and keep an
eye on.
Commissioner Oquist stated it would have to be monitored very closely. What are they planning on
doing with the rest of that lot once they tear the house down?
Ms. Stromberg replied, she believed in their packet there is a landscape plan that is part of the drawings
the Commission has. The plan for now is to landscape the rest of the lot.
Commissioner Oquist stated it seems to him they could run some more parking stalls probably east and
west on that property next to that building.
Scott Hickok, Community Development Director, replied,the City has gotten a lot smarter about parking
over time. There was a time where in Planning the City would have more parking than was necessary.
They might recall staff has gone back and modified Codes to make certain there is not more hard surface
than the City actually needs. The folks here who are closest to this type of business will tell the City their
experience is they do not get a lot of guests. This would be adequate parking for the amount of guests
Planning Commission Meeting
February 18, 2015
Page 6 of 22
Dave Pallies, 5253 4th Street, stated he has some concerns here. First of all he really wou1d like to know
what the building is going to be used for. They keep saying, a special use permit. A ma�dical building.
Correct him if he is wrong but, if you look at the plans, where is the nurse's station? There is no nurse's
station. He has been asking other people, what type of building is this going to be? They said a medical
building. Some people said, well, it is going to be for people with transplants. Where are the nurses'
stations, where is the doctor's station for doctars who are going to come in and talk to these people or
whatever? They said,well, it is going to be on the phone. Are the nurses going to be on the phone? Are
the doctors going to be on the phone? Are the patients just going to be alone there? Are they going to
give themselves their own medication? Because when you have transplants, you do not give yourself
your own medication,your rejection pills, do you?
Chairperson Kondrick asked,do you?
Mr.Pallies replied,no.
Chairperson Kondrick asked Mr. Pallies,he really does not know, does he?
Mr. Pallies replied, Ms. Stromberg told him they are going to be coming out of the hospital, and that is
where they will be recovering until they go home. Where is the nurse's station at? Two nurses per floor.
Where is the nurse's station at, Where are the drugs going to be locked up because people who have
transplants have to have rejection drugs. They are going to have to have that medication locked up. What
is the building going to actually be? He has heard so many different stories. Is it going to be a nursing
home? He does not have any problem with the building being built. He just wants to know what the
building is going to be used for? Is it going to be for like drug and alcohol rehab? They are not telling
the truth what the building is actually going to be for. Is it going to be for sex offenders? Nobody is
saying. Chairperson Kondrick is not even saying. Does he know?
Chairperson Kondrick replied, no. He does not.
Mr. Pallies stated then the building should not be built until we know exactly what the building is going
to be used for.
i
Chairperson Kondrick replied, if it agrees with the Codes, it would be according to Code. It will have ,
to comply with what is required by the Code. '
Mr.Pallies stated he is saying it could be sex offender place.
Chairperson Kondrick stated if it is built and it is zoned and complies with the Code,then it is legal and
requires adequate protection for people. For neighbors and the residents of the facility.
Mr. Pallies replied, he is against the building being built with what Chairperson Kondrick is saying. He
is against it.
Chairperson Kondrick asked,why is that?
Mr.Pallies replied,because it could be a sex offender building. For sex offenders. Because Chairperson
Kondrick does not know what it is going to be. What is going to be housed there?
� Planning Commission Meeting
February 18, 2015
Page 7 of 22
Chairperson Kondrick replied, perhaps staff can answer that better than he can.
Ms. Stromberg stated what the City has been told is it will be a home health care use. Patients coming
out of the hospital having some kind of a need, like a nursing home where they need extra care and they
cannot go home. The operator of the facility is here tonight,and she would be able to answer many more
questions than staff can answer. What they understand is this is a home health care use. Nursing homes,
convalescent homes, clinics, and hospitals are a permitted special use in this district. The Code does not
address the other uses the gentleman was talking about.
Chairperson Kondrick stated now, they are okay so far until they hear from the petitioner. Is Mr.
Pallies okay at least with that?
Mr. Pallies replied, no, not really. Ms. Stromberg still did not explain it. She just said it was a special
use.
Chairperson Kondrick replied,just a moment, they will learn more as they go along this evening. Mr.
Pallies'concerns are well expressed,and they appreciate it.
Mr. Pallies stated he has others,too. The renters for that house. Ms. Stromberg said they are going to be
going by a month-to-month lease? They are done in June. Why not tear the house down and get rid of it?
Why keep renting that house out?
Chairperson Kondrick asked Mr. Pallies why would he imagine that would be the case?
Mr.Pallies asked,why would you leave the house?
Chairperson Kondrick replied,the owner does not want to sell it that quick.
Mr. Pallies stated, sell it? He has to sell that part of that property for them to build on that property.
They cannot buy it afterwards. Then there are other reasons that he is saying this because Ms. Stromberg
told him they were going to use two stalls inside that garage. It is a two-car garage for two cars that park
in there and two on the path, correct?
Chairperson Kondrick replied,yes.
Mr. Pallies stated Ms. Stromberg said they are going to put the dumpsters in there. That is going to
eliminate two cars in the garage and put two cars on the parking pad. They are going to rent the house
out month to month. Where are the renters going to park? Out on the street. The workers will be parking
in that driveway.
Commissioner Oquist stated the petitioner is going to get a license to operate this facility, and that
license is very restrictive as to what they can run in there.
Ms. 5tromberg replied, correct.
Commissioner Oquist stated to Mr. Pallies, they will need a license to actually operate there. That is
through the State, and it is not going to be a halfway house or for sex offenders. It is a medical facility,
by the license. If they do anything other than what that license provides,they could get shut down.
Planning Commiss2on Meeting
February 18, 2015
Page 8 of 22
Ms. Stromberg stated as to the question about the renters, they will need to be out before the new
building is occupied. They will not have any issues with renters needing to park there when the new use
is open. Why they are going to allow the tenants to sign a month-to-month lease after their lease expires
in May, she is not sure. The petitioner could answer that question.
Mr.Pallies stated but she did say,up to a year, so it is going to take up to a year to build that building?
Chairperson Kondrick replied, good question. They will find out. However, it does not really make a
lot of difference. The fact is they have to go through the motions first before things happen.
Mr. Hickok replied, the stipulation is that it will be a year from the date of the issuance of the building
permit. That does give adequate time to have the primary building itself built. It atlows a renter some
time to make some plans for their next move. It would be a bit of a surprise if you are renting a house and
now you are going to have a much shorter stay than you might have planned. It is going to take some
time to get this building bailt. It is not a simple building. It has a commercial elevator in it. It is three
stories. It has a lot of commercial aspects about it. It may take a better part of a year to build the
building. They are allowing themselves enough time. They are not boxing themselves in. Meanwhile
they are allowing a resident to continue to live there but understand at a certain point they are going to
need to be out and start making plans.
Mr. Hickok stated the City does, with the issuance of a building permit, allow one year for landscape to
be done, installed, completed, because there are seasonal issues. There are all sorts of other things that
you might get done at a time when it is not good to be putting down seed or sod, and you wait until that
cure core point to put it down. There is a strategy behind it. It was not just giving them a year to leave
this as a question mark. It is meant to be logical and strategic in terms of somebody who is living there
who needs to move and somebody who needs to landscape once the foundation and everything have been
taken out.
Mr.Pallies asked where are the renters going to park? Out on the street?
Chairperson Kondrick replied, nothing is going to happen until after they move out. The garage is still
there. ;
Mr.Pallies stated they will have the garage and the driveway. There won't be construction stuff there to
block them. He does not care if they park in the street. It does not bother him a bit.
Mr. Pallies stated he is still concerned about the medical use because there are no nurses' stations or
nothing like that.
Chairperson Kondrick replied, it is going to be according to Code and what the State feels is necessary.
They cannot operate unless it is according to what is necessary. They can let that be where it is.
Mr. Pallies replied, what concerns him is they are not saying, you know, is it going to be a nursing
home? Fine. It is a nursing home. Is it going to be for transplant patients? And his concern is on that, is
if it is transplant patients, how are they going to get in there? That alley is very skinny. If they are going
to be driving an ambulance,how are they going to get it in there?
Chairperson Kondrick replied,hopefully that will be addressed.
. Planning Commission Meeting
February 18, 2015
Page 9 of 22
Mr.Pallies asked,well,are they not going to address that?
Chairperson Kondrick stated they can address that as they go along.
Randy Kuchera, 5301 4th Street,asked as to this building being built,what kind of affect will it have on
property taxes or property value and on top of that; parking meters. If people want to park on the street,
would they have to pay for it. Would that have any affects on those three topics?
Chairperson Kondrick replied, good yuestion. He cannot imagine parking meters anywhere in Fridley.
Mr. Kuchera stated a friend of his lived on a street which was repaved, and he ended up paying for part
of that cost. When they usually do some kind of renovation to that neighborhood, does the neighborhood �
have to pay? i
,
Chairperson Kondrick replied, he did not think that affects him at all. �
Mr. Hickok stated as to parking on the street, meters would not be an alternative there. You could still
continue to have your guests park on the street. He pointed out on the aerial photo, to the north of the
yellow box there is a four-plex and a car parked on that street. Right now you can drive down it any day
and there is parking on that street. This site combined within those two lots within the yellow box with
the star on it, that would adequately accommodate eight units of residential with a building permit, up to
three bedrooms each unit. If there were eight units of three-bedroom apartments, 20 parking spaces
would be required. Just to put it in perspective, this could be an eight-unit, three-bedroom per unit
complex with 20 parking stalls required. There is enough land area to accommodate that. Guests to that
eight-unit building likely would park on the street. They may park just like they are at the four-plex north
of here. Are there things that can be done if this use becomes an issue. In this case there is a special use ,
permit that could be brought back, reviewed, and even revoked if they are not operating under proper
standards. This is an R-3 neighborhood. If there is an eight-unit building that has three bedrooms or even
if it had two bedrooms a piece that would still be 16 parking stalls,that could be built without any special
permit.
Mr. Hickok stated the petitioner is not overtaxing this site in terms of use because it is a convalescent
facility, the folks do not come on their own power. They do not park their cars in the parking lot. They
do come by virtue by transport vans. Ambulance is probably going to be less likely, although the
petitioners are here and can.speak to that. Remember this alley is being described as something as a cart
path. Garbage trucks use this alley also. The double doors on the back of this facility open to an elevator
core for the building that would allow folks to go to each of the three levels that are in there.
Mr. Hickok replied, as to taxes, he always thinks it a bit ironic when folks worry about the taac value
when they are taking down an $85,000 house that is badly in need of maintenance; and the house that
stood on the lot before was in terrible shape. They are probably adding $2 to $2.5 million of investment
to the neighborhood and is something that is well-maintained and managed as a commercial entity there
but really has a residential character that fits. One should not worry about lowering their taac value in the
neighborhood, If they are worried about increased tax value, their property is really based on its own
merits. For example, a three-bedroom property with two baths would be compared to three-bedroom
properties with two baths in that same general area. Would the affect of this across the street
automatically raise their values? The answer to that is "no". Would the affect of the overall feel of the
Planning Commission Meeting
February 18, 2015
Page 10 of 22
neighborhood change because of the new investment in the neighborhood? Yes, it would. They would
benefit from the value of this new, properly maintained property that has landscaping that is
professionally maintained and is a building that has a lot of value to it. They should not worry about a
diminished value in ta�ces. What they are going to feel is a very positive influence of new investment in
their neighborhood.
Mr. Hickok stated as to improving streets, likely there needs to be a cut made for a utility connection,
unless all utilities are outside of the existing roadway and they are able to connect out in the public right-
of-way where the private utility would connect to the public utility. However, that is cost borne entirely
by the development itself. Any fix to the roadway would have to be done in compliance with the right-of-
way ordinance. Any modification to the roadway has to be done to an engineering standard that basically
leaves the road in as good of a condition it was prior to the cut being made. Very good question by the
gentleman but not something they would need to be concerned about because that road will be repaired
and in a condition that basically leaves the fix invisible to the others.
Mr. Kuchera asked what about the noise for the construction itself and height of the building. Some
people have gardens in their front yard. By blocking the sun it could kind of screw up some nice plants.
Mr. Hickok replied, this construction is pretty standard. Typically they have found sancty soils, and it
would be a typical concrete foundation and not driven in on piers. Construction will happen during the
daytime. They have Code-mandated work hours. They cannot start before, and they cannot after.
Although a third-shift person would be sleeping when construction is happening on this site. There are no
extraordinary types of construction techniques that will be used on this. It is a fairly straightforward and
very typical type of construction that happens.
Mr. Hickok replied, as far as the height of the building, R-3 would allow up to six stories; 35 feet is the
cut off for the R-1 district. You could have a single-family home that is 35 feet tall. This is in a district
that would allow up to six stories. This one really is comparable in height to a single-story house.
Mr.Kuchera asked,that would not block the sun coming across the skyline or anything like that?
Mr. Hickok replied, it would be the equivalent of a two and one-half story on this lot set back at a
standard setback dimension. Would it affect the sunset? On a treed lot such as this has been, he thinks
the effect will be negligible.
Mr. Pallies stated that alley is narrow and the problem is, come up there when the garbage trucks go
through. It is real interesting because,he lives in Columbia Heights side. The garbage truck goes through �
their alley on the Columbia Heights side and goes straight across 53rd to get in there because it cannot I
make the turn. They got semi's that come through their alley and go straight across 53rd into that alley i
because they cannot make that turn, Go there some time when it is real busy. �
Chairperson Kondrick replied, he drove through and he knows.
Mr.Pallies stated try and drive during rush hour. You will not turn in there. They will not iet you.
Mr. Hickok stated, two things at a matter of reference, he has driven his motor home through that alley.
It is probably more about scheduling of pickups that a garbage truck driver would drive straight from the
Columbia Heights side into the Fridley side. He has made the turn in his motor home, and it is no small
• Planning Commission Meeting
February 18, 2015
Page 11 of 22
vehicle. This is a standard size alley. Rest assured when Bona's improved it, the City made sure that
snow plow trucks, etc. could get through it in order to service it.
Mr. Hickok stated in reference to Mr. Pallies saying that no one is being honest here, nothing would
frustrate them more than that. In the staff report and articulated in earlier presentations are the types of
recovering that happens in a facility like this. One disadvantage and it was unfortunate is that although
the builder/petitioner was here,they did not have somebody from the medical side to talk about what it is
at the last meeting. There has never been any attempt to keep facts that are known from the public.
Being painted that way is a frustrating way to ask a question and make statement.
Mr. Hickok stated they have a letter to be entered into the record that describes more about the specif cs
of the facility, and he would encourage the petitioner's spokesperson to talk about the medical side to
answer some of the questions that seem to be of concern here.
Mr. Ofsthun stated they actually did increase the parking by six which is a significant number, almost
double from when they first started. As to the extra land, ultimately he thinks they want to have attached
parking. The building is positioned for a number of reasons, and that is one of them. If they need it for
parking, they have that buffer. That is a nice thing. He does not anticipate it. It would be a waste of
pavement to continue to go more than 12, not counting the 2 in the garage yet. The garbage cans could
take up more than one space. In the future also if they need a dumpster and they have to come back and
provide a dumpster for more adequate and efficient garbage for the building itself,they have that space as
well. That could be another potential use for that. Ultimately the existing garage would be nice to not be
there and have an attached facility. Again, they have the chance to redo the parking. If they have a
garbage dumpster they will have an approach for that. All that would be done on their site.
Mr. Ofsthun stated, yes, they will be using the alley but the ambulance, as indicated, would have plenty
of space to get in the alley. Their parking lot is designed as a standard parking lot. Any ambulance has to
go through anywhere in the City so all of the dimensions are per Code. The parking is more than Code.
He thinks they really are there. Meanwhile it is a nice landscaped area. That is another plus,too.
Mr. Ofsthun stated at the last meeting a big part of the problems were Bona's parking problems. He
hopes at this meeting their problems do not continue to be the petitioner's problem. If they are driving
their vehicles up and down the alley to test them,that should not be on the petitioner.
Mr. Ofsthun stated the employees will not be parking on the street. The back of the building has a much
better entrance and it has an elevator. To him if he knew there is a parking lot there, he is going to go
down that alley to park. As to visitors, since this is long-term care, they will find that parking lot and
park in there. It is more convenient, it is lit, etc.
Mr. Ofsthua stated as to the building itself, there is some fine-tuning that needs to go on with the design.
The concerns of locking up the drugs, the nurses stations, etc., there is space near the kitchen. The great
room kitchen area will get a little more fine tuned as they go through this process. They do have space
where there will be small nursing stations on each level.
Mr. Ofst6un stated the use of the building is a high-tech medical facility using telemedicine connected
through the University of Minnesota and Fairview Hospitals. It will be staffed with nurses,the Minnesota
comprehensive home care license will dictate. In a full facility the minimum number of nurses will be
six, two per floor. That is dictated by them by the State. They have elevators and a sprinkler system.
Planning Commission Meeting
February 18, 201 S �
Page 12 of 22
This building is set up very much as a high-tech medical facility. If they simply wanted sex offenders in
t is building, they would just put up a three-unit building and would not be standing in front of them.
hey would just go get a permit and build it. They are investing a lot of money and time with this for that
rpose. Tt will be run by Wish Medical.
r, Ofsthun stated as far as the extension for the renters, that was more of a courtesy for them. Initially
t ey were not sure what they were going to do with that building either, and staff was quite clear that
b�ilding will not stay. They just wanted to make sure they were not kicking out the renters who have a
l�ase which is up either April or May. Potentially they will find their own place. It is a non-issue. It will
b�torn down when it is convenient. When the big trucks are there will be the most convenient.
�r. Ofsthun stated the manager of the construction project will make sure the renter has a spot, the
c nstruction workers have a spot. They set up the site for toilet, dumpsters, drop of materials. That is
mostly on site but, unfortunately,there may be some construction workers parked on the street. That will
b�tough not to do.
k�r. Ofsthun stated it is going to be a huge improvement. It is going to look nice. It is going to be well I
pt. It will be a buffer from two gas stations and an auto repair.
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C mmissioner Oquist stated as to part of his concern with the parking situation, how many empioyees
w 11 be on a different shift?
1V�r.Ofsthun replied,six is the maximum.
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C�mmissioner Oquist asked,what do they do when they have a shift change?
11�r. Ofsthun replied, obviously there is going to be some juggling going on. If they have a shift change
ar�d then all of a sudden they are all gone,then they have an empty parking lot.
C�'mmissioner Oquist stated or you have six people parking there and then six more people trying to
pa�-k there along with maybe some visitors.
M�. Ofsthun replied, and they added b spots to help with that. At what point do they stop? They are
be�ond City Code which he presumes was set up to take those things into consideration. They have gone
be ond with the same consideration of a shift change. i
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C I mmissioner Oquist asked if the people who are currently leasing that house move out in May, what I
ha�pens? Does it just stay empty then?
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Mjr.Ofsthun replied, it would probably depend on the construction manager. They might be gone before
th�y start.
Cqmmissioner Oquist stated that is the point he was making. If they should move out, for example, the
en�i of May,then it will remain empty.
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M�.Ofsthun replied, then it will probably be removed.
C�'mmissioner Oquist asked, but they would not try and re-lease it to someone on a month-to-month
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. Planning Commission Meeting
February 18, 2015
Page 13 of 22
basis?
Mr. Ofsthun replied,he has not even thought of it so he would say,no. That was not a consideration.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:58
P.M.
MOTION by Commissioner Oquist receiving letter from Susan McDonough dated February 18, 2015.
Seconded by Commissioner Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Solberg receiving letter from Katrina Iwen. Seconded by Commissianer
Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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MOTION by Commissioner Solberg approving Special Use Permit, SP # 14-07, by TCO Design, the '
petitioner has modified the original special use permit request, for a comprehensive home health care use
that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area wil] provide
more opportunities for parking without increasing the size of the building generally located at 5300 and
5310 4th Street NE with the following stipulations:
(1) The petitioner shall obtain all necessary permits prior to construction.
(2) The petitioner shall meet all building,fire,and ADA requirements.
(3) City engineering staffto review and approve grading, drainage,and utility plan prior to
issuance of a building permit.
(4) Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
(5) If on-street parking becomes an issue as a result of this use,the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
(6) If the comprehensive home health care use changes,the special use permit shall be
further reviewed by the City Council.
(7) The petitioner shall file the necessary documents with Anoka County to combine both of
the lots involved in this project, 5300 and 5310 4�' Street,prior to issuance of a building
permit.
(8) The house at 5300 4`� Street shall be removed within one year of issuance of a building
permit for the new building.
Seconded by Commissions Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIl2PERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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�'lanning Commission Meeting
�'ebruary 18, 2015 �
�age 14 of 22
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�6airperson Kondrick stated this item will go before the City Council on March 9, 2015, at 7 o'clock.
h�s will be rediscussed then by the City Council. The City Council will have had a chance to review
t eir meeting tonight.
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2� PUBLIC HEARING:
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i Consideration of a Rezoning, ZOA #15-01, by Alliant Engineering, Inc., on behalf of the
property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties
�i rezoned from C-3,General Shopping to C-2,General Business.
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1V�OTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Saba.
ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
OTION CARRIED UNANIMOUSLY AND THE PUBLIC HE.4RING WAS OPENED AT 8:04
P M.
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s. Stromberg stated Alliant Engineering, Inc.,on behalf of the property owners of 5300 Central
A enue(Super Stop)and 5400 Central Avenue(Embers) is requesting to rezone their properties from C-
3,General Shopping to C-2,General Business.The impetus for the rezoning request at this time is to
al�ow the potential redevelopment of the property at 5300 Central Avenue.
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s. Stromberg stated the current zoning of C-3,General Shopping imposes several requirements that
m kes redevelopment of the site difficult. The minimum lot size required for a C-3 district property is
3 ,000 square feet,whereas the minimum lot size required for a C-2 district is 20,000 square feet. The
pr�perty at 5300 Central Avenue has a lot size of 29,441 square feet; and the property at 5400 Central
A enue has a lot size of 31,423 square feet. Both parcels are more suitable for the G2, General Business
zo�ing than its current non-conforming zoning of C-3, General Shopping.
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NI�. Stromberg stated the subject properties are located on the northwest corner of Central Avenue and
53�d Avenue, on the southern edge of the City. They are zoned C-3, General Shopping. The existing gas
st�tion was constructed in 1966 and the restaurant building,which is now Embers,was constructed in I
19�65. At that time,both properties were zoned C2-S,which was also called a General Shopping zoning
di�trict. When the properties were developed in the 1960's,both uses were allowed by right,where
cu#�rent code standards would require a special use permit for a gas station use. The properties have
co�►sistently been used as a gas station and restaurant since they were constructed.
M�. Stromberg stated in 1981 the State of Minnesota filed a quit claim deed to the City of Fridley for an
80}foot piece of right-of-way directly east of the 5300 Central Avenue that was right-of-way for Centra]
A�Ienue. The State determined at that time that they no longer needed it; so as a result, it became City
rig�t-of-way.
Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help
th�City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to
"r�zone"properiy from one designated use to another, so long as the zoning is in conformance with the
CoKnprehensive Plan. The Comprehensive Plan's 2030 future land use map desi�ates this area as
"R�development",
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- Planning Commission Meeting
February 18, 2015
Page 15 of 22
Ms. Stromberg stated the property owner of 5300 Central Avenue Ali Hussain and representatives for
him have been working to get this property redeveloped for some time. Periodically over the last year,
they have met with City staff to go over code requirements and to give staff updates on potential clients.
They have recently secured a tenant, Starbucks Coffee Shop, and as a result, have submitted the rezoning
request.
Ms. Stromberg stated staff suggested to the property owner and petitioner that since this properly is non-
conforming in relation to lot size,the best option for redevelopment would be to seek a rezoning from C-
3,General Shopping to C-2,General Business. The other option to aliow redevelopment of this site
would be to ask for several variances, such as lot size and setbacks,to be granted. In order to grant
variances,practical difficulties need to be identified on the site. Rezoning of these parcels based on their
location and size, is the most practical approach in this case.�The C-2, General Business zoning allows
for smaller lots sizes, reduced setbacks, and a variety of retail type uses. Whereas,the C-3,General
Shopping zoning district is more fitted for large box type retailers, like Target and Walmart,or shopping
centers that require larger lot sizes and setbacks.
Ms. Stromberg stated in order to accomplish a successful rezoning and avoid "spot zoning", it was
determined that Embers needed to also be part of the request. The petitioner and staff talked with Embers
and, since their lot is also non-conforming,they determined it would be beneficial for them to ask for the
rezoning at the same time as the 5300 Central Avenue property.
Ms. Stromberg stated all the turn-back type parcels within the City,which are those lots along major
corridors;that have roadway all around them are zoned G2,General Business. Though these lots do not '
have roadway all around them,they are small parcels located along a major right-of-way,with a frontage
road to provide access. The small lot sizes of these parcels tend to require a commercial zoning of C-2,
General Business,to allow development on smaller lot sizes. The rezoning of these properties is
consistent with the trends already seen along the major corridors of Hwy 65 and University Avenue
within Fridley.
Ms.Stromberg stated with Starbucks on board to lease retail space on the subject property, Mr. Hussain
and his representatives have designed a site plan that will allow for the construction of a new retail
building. The existing gas station,fuel pumps,canopies and underground tanks will be removed, per
Minnesota Pollution Control Agency regulations. The new multi-tenant building is proposed to be 6,048
square feet in size. Starbucks will occupy 2,200 square feet of the building space, and the remainder of
the building will be shell retail space for additional users. The Starbucks will have a drive-thru that
allows stacking room for 13 vehicles,which was designed to not interfere wili people entering/exiting and
parking on site. The Starbucks national average for drive-thru stacking is 11 cars,so this lane should
provide adequate space to not impact other users on the site.
Ms. Stromberg stated the new multi-tenant building will be a wood framed structure with aluminum
storefronts and multiple exterior finishes, including glass,thin brick, decorative CMU block and EIFS.
The exterior will also include decorative and functional wall lighting. Canopies will cover the entrances
and a comprehensive sign plan will be adopted to allow a consistent sign package. An outdoor patio will
be provided on the southeast end of the building for the Starbucks and new landscaping will be installed.
The project will also be required to meet any storm water regulations set forth in Chapter 208.
Ms. Stromberg stated the project as designed will require the City to deem the 80 ft.right-of-way east of
the 5300 Central Avenue property,excess and authorize sale to that property owner. The City's Public
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lanning Commission Meeting ,
ebruary 18, 2015
age 16 of 22
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'�Vorks Director has indicated that this short segment of right-of-way isn't needed and has been
roblematic for maintenance and snow-plowing, so sale of it to the owner of 5300 Central Avenue, would
e the best way to approach redevelopment of this site, provided a perpetual(permanent)cross access
greement is filed to allow Embers full access through the site.
1�Is. Stromberg stated the City hired Bolton&Menk Engineers and Surveyors Inc.,to do a traffic
a�nalysis of the 53�d Avenue and Central Avenue intersection as well as a segment of 53`d Avenue down to
t�e intersection of Target and Medtronic. This section of right-of-way is scheduled to be resurfaced
ithin the next few years, so the City determined it was beneficial to complete the analysis at this time.
at came out of that analysis is that the Central Avenue and 53`d Avenue intersection performs at a
f�iling level of service in the PM peak hour. In addition,while the crash rate is slightly lower than the
s�atewide average for 53`d Avenue,the crash severity rate is roughly four times what would be expected in
altypical similar roadway. This means that most crashes are likely side-on collisions and include left
t�rning movements.
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ommissioner Oquist asked Ms. Stromberg to expand on "failing level of service".
s. Stromberg replied,that is a term that engineers use when evaluating intersections and they can �
o erate at a Level A to F. They typically like to see intersections operating at a Level C or D, and this
i tersection currently operates at a Level F. However,the new development will not make that worse or
b tter. It will stay the same.
s. Stromberg stated based on the completed traffic analysis,the site plan as designed which allows(2)
a cess points in and out of the site,where vehicle movements can enter and exit from both points on the
si e is discouraged. Though this entering/existing situation exists today,when the City is looking at
al owing redevelopment of a property,we need to do our best to correct a bad traffic pattern. As a result,
b th the h-affic analysis and City staff are suggesting that the proposed(2)access points remain, however,
a ne-way loop through the site,that will also allow access through Embers.
C mmissioner Oquist asked it would be a one-way on the east side, one going north,and one-way on
th west side going south.
M . Stromberg replied,yes. You would enter in on the east side and then out on the west side. They
re lize this arrangement is not perfect, it will still continue to function at a Level F. However, short of
co structing a center median all along 53rd Avenue to restrict left turn movement completely,this was
th best option staff felt they could approve for redevelopment of this site.
M . Stromberg stated over the last several years, different properiy owners and developers have come to
th City to consider redevelopment of other parcels within the northwest quadrant of Central Avenue and
53 d Avenue. Some of them have contacted the adjacent property owners to see if there was interest in
selling their property, so the quadrant as a whole could be redeveloped at the same time. Redevelopment
of�he whole quadrant at the same time would be the most ideal situation as it would help resolve the
tra fic congestion for the intersection and access issues for the subject properties.
M . Stromberg stated there has not been enough interest from all the property owners to make this
re evelopment option happen. As a result,the City has to consider the request for redevelopment that is
be ore us at this time,and determine the best way to accommodate the redevelopment without creating
fu her impacts.
• Planning Commission Meeting
February 18, 2015
Page 17 of 22
Ms.Stromberg stated staff recommends the rezoning of these two properties to C-2, General Business
because it is an overall better fit for the size and location of the properties.
Ms. Stromberg stated when a site plan is developed that all parties can agree on, specifically related to
access in and out of the site,then staff will initiate before the City Council an action to declare the 80-foot
right-of-way excess and authorizing the sale of the excess right-of-way to the 5300 Central Avenue. If a
site plan cannot be agreed upon, ownership of the City land area will not be transferred and
redevelopment of this property will not likely happen.
Ms. Stromberg stated City Staff recommends approval of this rezoning request as Rezoning brings both
lots in compliance with iot size requirements and rezoning will allow redevelopment of the gas station
site.
Bruce Carlson,Vice President of Business Development for poran Companies,he is the team leader and
owner's representative of 5300 Central and he does not represent 5400 Central although they have been
working in collaboration together with City staff for about a year. When he first started on the project he
was with Mid-America Real Estate acting as an owners representative. In June he took a new position
with Doran Companies and has just continued his position. His main role here though is team leader as
far as selecting and assisting with civil engineering, architecture,working with City staff,representing the
owner. The owners of 5300 Central were approached by Starbucks Coffee. They did not have the i
property for sale or lease. Representatives of Starbucks identified the site and approached them to go
there which was fortuitous and exciting, and they were all ears to hear about it. That is when he was
engaged to represent the owner.
Mr.Carlson stated at that point they started looking at the site as to how they accommodate Starbucks.
He should also mention there is no intent on the part of the property owners at 5300 to sell the property.
They intend to continue to own it. They would become a landlord,and Starbucks would become a tenant
along with a couple of other tenants the site could accommodate.
Mr. Carlson stated they are in support of the site plan they see before them right now. The owner of
Embers is here also. They also have to remember they are accommodating two properties here and have
to make it all work together. Everyone would admit that no one would want to have an access point so
close to a stoplight but it is what it is. City staff has worked very closely with them, always accepted their
calls to try and figure this puzzle out.
Mr. Carlson stated the Embers is very successful and busy. The two property owners are neighbors and
want to be successful on this together. They have their architect here,Cathy Anderson from Architectural
Consortium, if they have any questions. Their civil engineer is Alliant Engineering. They used them to
make the application for the rezoning. 8oth owners are here as well.
Commissioner Oquist asked the petitioner whether they had considered turning that whole properiy
around so the back of the buildings are facing 65 so the driveway could be further down from 65.
Mr. Carlson replied that blocks Embers and takes away its access. It looks a lot better with a beautiful
front face to Central with beautiful landscaping. They have yet to make the back of a building look like a
front of a building. This is being driven by Starbucks. Much like building a custom home for somebody
lanning Commission Meeting
ebruary 18, 2015
age 18 of 22
ey are really accommodating Starbucks. If it does not meet all of their requirements,they are not
oming.
r.Carlson stated just to reiterats again, all the tanks will be removed on this site. They have been
orking all year with the MPCA. They have been in full compliance and cooperation with the MPCA.
hat is looking all very good as well.
�hairperson Kondrick asked if there were folks there from Embers who would like to talk with them?
J e Rickenbach, Owner of Embers, stated he totally agrees with what Mr. Carlson said. They were
t ntative at first, The main concern they have and have had for many years is access for their customers.
he plan they agreed on which is up on the screen right now is something they can deal with. His overall
ain concern is changing the route of his customers coming and leaving and possibly losing potential
c stomers. Also,down the road, if he ever chose to sell the place that would be adequate for future use.
hairperson Kondrick asked Mr. Rickenbach,he is happy with the plan?
r.Rickenbach replied,he is happy with the current plan on the screen that has(2)access points and
a lows people to enter and exit from both points.
OTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
OTION CARRTED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 8:26 P.M.
C mmissioner 5aba stated the safety wilt be improved.
r.Rickenbach stated he wanted to reiterate as to the couple of plans that were presented. The staff
w nted the certain plan with the one way in and one way out. It is different than what was up on the
sc een. He just wanted to clarify that and asked Mr. Hickok to touch on that.
r.Hickok stated the Commission has now seen two plans. The petitioner has presented the last plan
th Commission saw and that was really the first plan Ms. Stromberg had in her presentation that had the
o yellow highlighted areas shown. The staff s recommendation was that they take out the exit where
th current frontage road is so that cars come in,if you are eastbound or westbound,you can come in at
th t spot then you would circulate counterclockwise at the site and exit closest to the building going east
or west. It is a counterclockwise loop that would feed into Embers and would allow folks to come out of i
E bers on a one-way coming out in front of the store; and it puts that decision to move east further away !,
fr m the intersection and would give you frankly, staff thinks, an easier way out. This pulls it back at i
le st far enough where you have a better chance of turning left from the site(going westbound).
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M .Hickok stated when the Commission considers this, at least articulate their thoughts on access,and
ul 'mately Council will need to decide. Between now and then staff and these properiy owners are going
to ome together again and see if there is anything in between that is a solution. However,as they all
w nt,no harm done by any decision that is made. Thankfully the traffic analyst even said that the amount
of affic in and out of this site can be managed, and they can likely end with a do no harm solution that
do s not make them any better than an F but certainly not worse.
� Planning Commission Meeting
February 18, 2015
Page 19 of 22
Chairperson Kondrick stated you would need property signage.
Mr.Hickok replied,proper directional signage would be one thing needed. He knows Mr. Rickenbach
has said that in their meetings; and certainly the petitioners,Mr.Carlson,etc.would agree that signage is
going to be key especially when you have long-term users of a site like Mr. Rickenbach has who are
accustomed at doing things a certain way. Sometimes just changing it a bit can cause a little anxiety, but
proper signage will help that a lot. Ultimately,when you show people how to circulate through a site you
can eliminate a lot of internal conflicts in the site and also out on the roadway.
Mr.Hickok stated imagine somebody coming out that east frontage road going west while somebody
coming out of the western one wants to go east. They find themselves in the same lane,now with cars
coming southbound on Central,rounding the corner at a fairly good clip,and you have twa cars making a
decision out on the roadway. They are trying to avoid that simply by having an easy decision. You hook
on,you go counterclockwise through the site, and then you exit whatever direction you want.
Mr.Rickenbach stated what he is really worried about the one-way entrance/exit. Right now his
customers have a clean in and out. If he has a say in the matter,his definite response to this would be
"no" because of the way his customers have to exit. They are going to have to come around and turn,
then go through(this is when there is no snow on the ground)the entrance of the drive-thru during early
business(as is Embers with early morning breakfast),then they are going to navigate a parking lot(where
right now they do not have to do as there is a straight-in driveway). Also,you have the exit of the drive-
thru again. It is quite the navigation for his customers where right know they don't have to. His main
fear is that it is going to cause trouble for his business.
Mr.Rickenbach stated when Allied first came out they were obviously very excited to have something
new on the corner. His only stipulation was that their driveway stays relatively the same. It has changed
some so it curves in now and there are drive-thru parking spots so there is a little bit more action there,
but they were okay with that because it had an entrance and an exit. The one-way is a major issue that he
has.
Mr.Hickok stated he thinks it leaves the Commission in a good position to make a decision and a
recommendation on the zoning and, any comments they want to offer on circulation would be helpful.
They will become part of the record. Obviously there will be more discussion between now and the
Council meeting; and they will have to come to a decision before the Council meeting as they will not
want them in a position to have to referee a decision. If there is some sort of mid-ground solution
between Plan A and Plan B for circulation,they will try and find it. They do not want to, again, put the
Council in a corner so they would not have the land sale,that deems the land access and authorizes the
land sale action on the Council's agenda, until they work that piece out.
Mr.Hickok stated they will likely have to ask for a waiver from the petitioner to State Statute Section 15.
99 that has them acting on this within 60 days simply because they need additional time to consider
access in and out of the site. Tonight all the Commission really has to focus on is making their
recommendation on the zoning. Ultimately offering their recommendation on circulation which is
important to the minutes. Staff really values the Planning Commission's position on that as well.
MOTION by Commissioner Oquist Approving Rezoning,ZOA#15-01, by Alliant Engineering, Inc., on
behalf of the property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties
rezoned from C-3, General Shopping to C-2,General Business but for the traffic circulation issue must be
lanning Commission Meeting
ebruary 18, 2015
age 20 of 22
r solved before the item comes before the City Council. Seconded by Commissioner Saba.
ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
OTION CARRIED UNANIMOUSLY.
C}hairperson Kondrick stated this goes before the City Council on March 9.
�
3} Receive the Minutes of the January 5,2015,Parks and Recreation Commission Meeting.
OTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Oquist.
ON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE
OTION CARRIED UNA1vIMOUSLY.
4 Receive the Minutes of the October 28, 2014, Environmental Quality and Energy
Commission Meeting.
� OTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Solberg.
ON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE
OTION CARRIED UNANIMOUSLY.
O HER BUSINESS:
s. Stromberg stated they are going to be having some public meetings to talk about potential
re evetopment of the Columbia Arena. They did something similar to this when the City was looking at
th redevelopment of Gateway Northeast, which is now the Cielo project. This is very exciting, staff
w ts as many people to attend as we can get. There will be four meetings. The first one is March 11
a they are all on a Wednesday from 6 to 8 o'clock at the Community Center. The information is also on
th City's website and coming out in utility bills as well.
C mmissioner Saba asked whether Community Development has some ideas of what could be �
de eloped there and would be beneficial to the City? ;
M .Hickok replied,yes,they do. However, if they will recall those meetings they had on the University
A enue project,they really want public engagement and want folks to come in with their ideas. They are
go'ng to the first meeting to talk a little bit about what goes through the mind of a planner, a civil
en ineer, and an architect as they look at a site tike this and how they try to work with the amenity the site
ha and also try and develop then an end product that has the highest and best value.
M . Hickok stated one of the things that might surprise them is they are not closing out the option of
us ng the Public Works facility land behind it so basically you open up the avenue to just pure amenity
an then doing a development that just has the creek and the park and everything behind it. That will be
on of the things that will be offered. The second meeting with be design charrets where they will
ac ally use a scaled aerial photo and putting blocks down and kind of laying out the development as they
se it. There will also be an architect and a finance person. The architect will be drawing up sketches
ba ed on the blocks you are putting on the aerial photo, and the finance person will be figuring out what a
I
• Planning Commission Meeting
February 18, 2015
Page 21 of 22
project like that would cost.
Mr. Hickok stated they do not want to inhibit that free thought by saying, here is what we think. They
would really just like to get public feedback on it, take that in, and use that as food for what they think
could be an even better plan that matches or uses a lot of the good feedback they get back from the public
and then takes what the City staff believes are essentials for the site as well.
Chairperson Kondrick asked,where do they put the Public Works then?
Mr. Hickok replied, they have a couple of ideas on that. Frankly, the new and modern public works
facilities are very different looking. When you look at the aerial photo of that it reminds him a lot of his
grandpa's farm. You have the original house, the farm, and as things change over time, maybe you have
another out building. If you were to do it over again, you would not do it again. You would probably
have the very modern facility that puts stuff inside that does not have the smattering of little out buildings
but does it in a very efficient way. It could even sit on the site, but with everything inside it would look
very different.
Chairperson Kondrick stated just consolidation.
Mr. Hickok if you look at the new and modern public works facilities, for example, one in Richfield of
which him and Ms. Stromberg took pictures of if they would like to look at. White Bear Lake has a very
nice one that they just completed not too long ago. They have looked at a number of other ones and, if
you looked at it, you would not know it is a public works facility. A very neat one is in Vadnais Heights,
along County Road F,where one end of their building they actually lease out for wedding receptions. He
went to a wedding there not long ago and it was probably one of the most beautiful receptions he went to.
That end of the building is glass looking onto kind of a natural amenity.
Chairperson Kondrick asked when do they expect to have the construction of the Cielo faciliTy
completed?
Mr. Hickok replied, they would like to occupy before year-end. They are thinking October/November
occupancy potentially. One of the reasons for the slow start is that base structure is the garage that is
being built. It looks almost like two buildings right now, but that is because the entrance piece is a
framed piece and not a poured concrete piece like the garage portions. Also,on the southern end Xcel has
an overhead power line that needs to go underground.
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:48 P.M.
Respectfully submitted,
�-ef�GaC' /7t ' ���''�j -
Denise M. Johnson
Recording Secretary
City of Fridley Land Use Application
SP#15-03 March 18, 2015
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF PROJECT
Martin Consulting(Verizon Wireless) Lewis Martin, with Martin Consulting,on behalf of
Lewis Martin Verizon Wireless, is requesting a special use permit
424 EI Camino Drive to allow the construction of a 89 ft.
Frisco TX 75034 telecommunications tower at the industrial
Requested Action: property located at 960 Osborne Road.
Special Use Permit to allow the construction SUMMARY OF ANALYSIS
of an 89 ft.telecommunications tower. City Staff recommends approval of this special use
Location: permit.
960 Osborne Road Telecommunications towers are a permitted special
Existing Zoning: use in the M-1, Light Industrial District, subject to
M-1 (Light Industrial� stipulations.
Size: _
61,983 sq.ft. 1.42 acres � n _ k���u � � .��. `�
, -., �, .s
Existing land Use: _ :
AAMCO Transmission& Fridley Auto Body s' ���������,� '�
- .._ r-r-�---�..�,: ,�.�,.:�;:-�
Surrounding Land Use &Zoning: '"
� �
N: Spring Lake Park(Residential) �'' .� ;�'t�
E: lndustrial (Tires for Less)& M-1 � �" � ' �., , `�
,
S: Industrial (LAI M+dwest) & M-1 ="
W:Woodcrest Elem School&P � • `� ��
��'° _�- �� �'�°
Comprehensive Plan Conformance: '� � _ c<- � .,
Consistent with Plan � :� '�
Zoning Ordinance Conformance:
Sec. 205.18.01.C.(7) requires a speciaf use
permit to allow telecommunication towers � �� � � �
�¢ �- .
and wirelesstelecommunications. ��� _ �-•° � m,. v � �� �
��
Zoning History: v� "s ��� ��� �E-:,
, ' � °` � ��;_,.,
1962—Lot is platted. ���:- ,�_
1969—Auto Body Shop constructed. �"�' r�`�s
i� _.
1970—Addition to building. Subject Property
1971—Addition to building. CITY COUNCIL ACTION/60 DAY DATE
Legal Description of Property: City Council—April 13, 2015
tots 2 and 3,and the West 216 ft. of Lot 4, 60 Day—April 13, 2015
Block 1, Nagel's Woodlands, according to Staff Report Prepared by:Stacy Stromberg
the recorded plat thereof.
Public Utilities:
Property is connected.
Transportation:
Osborne Road and Baker Street provide
access to the property.
Physical Characteristics:
Lot consists of the building, hard surface
parking lot and drive areas and landscaping.
� Land Use Application
Special Use Permit #15-03
��REQUEST
�Lewis Martin,with Martin Consulting on behalf of Verizon Wireless is requesting a special use permit to allow
'the construction of en 89 ft.telecommunications tower on the
�industrial property, owned by Walter Whitney, which is
'located at 960 Osborne Road NE. �1«���k� �—�
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�The proposed facility will consist of an 89 ft. monopole „�,�,,�,,r,�„•,� �
(StE A-J:
�,telecommunication tower,with accompanying ground M7FMN(MD71f
�_�
�equipment. The proposed tower and related ground '�`
'�equipment will be contained in a fenced in,40 ft. by 40 ft. �,����'�_— �;: � '
�eased space in the rear yard of the subject property. ¢�LL
M �N �����'� �
�fhe tower has been designed to allow for three additional "'�'"�"��'�
lnrireless carriers as is required by code.
�
�ELECOMMUNICATION ACT'S IMPACT ON FRIDLEY �
����
n December of 1996,the Fridley City Council established a ' '°"a`
moratorium temporarily prohibiting the construction of new ������_Sy ��'
�ommunication and antennae array. The moratorium �—` I
�stablishment allowed the City to take a comprehensive look 1
�t the impact of the 1996 Telecommunications Act and ;
�stablish acceptable antennae locations. With the moratorium ,�,s•„� � ���T���„ -
iin place, staff worked with PCS consultants to get a clear
i�nderstanding of the technology, issues, and to determine how many antennae locations would likely be
required to service the community.
A�s a result of the analysis,an approved site approach was approved. The City of Fridley now has a series
of approved sites for the installation of wireless ,
telecommunication facilities. To install a
�F�56f]RNE11��ifE FlN�^'°�1��:�fTE��B019IJERD-NE+��560N7lf i
i telecommunication tower in an industrially zoned
' ,.� . ,m �p•A �� ��� � area not on the "approved site° list,a special use
'°'° � � permit must first be obtained.
< ,
�
"" s SITE DESCRIPTION
,� �
� n�, The subject property is zoned M-1, Light Industrial as
�A�� HS �� � are the properties to the east and south. Residential
�., ,� x� � o homes in Spring Lake Park are located to the north
�S' "` � n„ � "" '°" '"„°'�'°" '�' "' and Woodcrest Elementary School is located to the
x1 I 7fi3 a�y� � un NORTH CINCLE NE
�S� � � �°° �'"' '"" "" �_ �°U �°�° �^= west. The subject property was developed in 1969
yi I r^ �ss3 '^wa r�n nn woi mu �ou�oa wi
*+� � xss ��xa r�a+TMtr+cceNe with the construction of an Auto Body Shop.
3=�I n� ns� a�x�yy��Y xsa x�s �us
,.,, �,,.,,n ,•,, �,L ,u, Additions were constructed to the building in 1970
��I, '� "r ,.«� ��,u �_ �..� �� and 1971.
�m �1) ]1[3� Hli rt]�11 Hy� N,i�<Hy
�vexe �cs� uu�us xx� �nn ann
� r�oi xc��z �u t�i3 xn� n3m`yn�ot u
Y71 TI1G w, f�t�ry� . All] 'NIt.HU^� ll]3��Z) �#73
The telecommunications ordinance states that in order to minimize adverse visual impacts of the tower
and related ground equipment the petitioner shall carefully consider the design, placement, landscaping
and innovative camouflaging techniques. The petitioner is proposing to locate the tower in the rear
yard of the property and behind the existing building. A fence will be installed with privacy slats to help
screen the tower and ground equipment from the school to the west and the public right-of-ways to the
north and south. The petitioner also plans to remove the asphalt from under the fence so ivy can be
planted in this area to further help with screening. This area will also be mulched and irrigation. Staff
suggested a combination of fence slats and landscaping, since the site to so close to a public zoning on
the west and residential zoning on the north. The proposed slats and ivy is the best solution on this site
to comply with code requirements.
.� ;.mn p ..:r. �....
RECOMMENDATIONS �'""�"°��'� _ �' ��� '° �=`�►'''�- �
City Staff recommends approval of this special �„�,,,��RA� -
�:_ ,
use permit request as telecommunication �"�°� � _ �==----R��-�.F-� _ .;,
towers are a permitted special use in the M-1, � �;�'� °��� � .���'�.� ,�
,
Light Industrial zoning district, subject to �'; ��. ,,��
� r � �.
stipulations. <� � '. ':�
�� t; ; °'F. .,
STIPULATIONS ;� � r
5'�fID 1... .. .� ��..� .., �019
Staff recommends that if the special use ` a� s��
permit is granted,the following stipulations � �{ ��i
be attached. �",�
1. A building permit shall be obtained " ��a'��
prior to commencement of installation ` E �� � "�
a� ' sry- -, T-^•- -,-��,� -. i
of any facility equipment on this site. � �y� � ,+,��, � �
2. No signs other than warning or a�' "� �� - ` , ,_ Y
( y � ' � *.���[
equipment information signs are '° ' j�;�: � ,�,,,.,
permitted as part of this application. �A�, i'�f % � � `"Y
�.�..
�,. .
V IE'�'�',�if'!wrreless
Julie Jones,Director of Planning Tuesday,February 10,2015
City of Fridley
6431 University Ave.NE,
Fridley,MN 55432
Email: julie.jones@fridleymn.gov
Re: SUP Application from Maran Consulting on behalf of Verizon Wireless(Min Panther)
I Julie jones:
I am attaching the Special Use Permit Application for the 89'monopole tower that is being proposed to
be installed by Verizon Wireless at 960 Osborne Road, Fridley, MN 55432, owned by 960 OSBORNE
ROAD WFW,LLC,with Walter Whiri�ey being the owner of that LLC (Parcel ID: 12-30-24-22-0013).
With this application,I have attached the folbwing items:
1. Completed Special Use Permit application.
2. Copy of the check for the application fee of$1500.
3. Letter of Authorization from 960 Osborne Road WFW,LLC.
4. Certified Survey of the Parcel
5. Zoning Map showing the parcel is M1-Light Industr�ial
6. Parcel ID Report from Anoka County.
7. Signed Letter from Applicant acknowledging Sections 205.30.7(A)9 and 205.30.24.
8. Non-Interference Letter prepared by a Professional RF Engineer. (Section 205.30.7.10)
9. Justification Letter for this Proposed Cell Tower as prepared by a Professional RF Engineer.
10. Sti-uctural Capacity Letter and Fall Letter from a Professional Engineer. (Section 205.30.7.4)
11. Constr�uction Drawings for this project,as prepared by a Professional Engineer.
12. Certified State of MN Shelter Design drawings from Fibrebond
13. Geotechnical Report for the Proposed Cell Tower.
14. Lease Exhibit for this project,as prepared by a Professional Engineer.
' 15. Legal Description of ParceL
16. AM Certification verifying no effect on any nearby AM towers.
i 17. Airspace Report verifying no FAA filing is required
18. USF&W Map verifying site is not bcated in Wetlands.
19. FEMA Map verifying site is not bcated in a Flood Plain.
20. Topographical Map of the Subject ParceL
21. Letter from 3rd Party Professional Engineer regarding:
a. Statement Concerning Additional Carriers:Section 205.30.7. (A)2
b. Statement Concerning Safety Margin&Potential Collapse Area:Section 205.30.7. (A)2.
c. Statement Concerning Additional Carriers: Section 205.30.7 (A)7.
d. Maximum Heigh�Section 205.30.7 (A)10.
e. Exterior Finishes:Section 205.30.7 (A)11.
� f. Illumination:Section 205.30.7 (A)12.
g. Lanclscaping and Screening:Section 205.30.7 (A)13.
h. Security:Section 205.30.7(A)14.
i. Setbacks:Section 205.30.7 (A)17.
I j. Signs:Section 205.30.7 (A)18.
k. CO-LOCATION:Section 205.30.22.
With additional references to SECTION 205.30. O-5 TELECOMMUNICATIONS
TOWERS AND FACILITIES DISTRICT Part 6. CRITERIA FOR ADDING APPROVED
SITES TO APPENDIX A.
1. Section 205.30.6 (A)
m. Section 205.30.6 (B)
n. Section 205.30.6(F)
o. Section 205.30.6 (G)
p. Section 205.30.6 (J)
q. Section 205.30.6 (L�
r. Section 205.30.6 (0)
Additionally, this site is being proposed to replace an existing cell site bcated on a rooftop about 1.2
mile to the west, since the attorney for this building owner has provided notice to terminate Verizon
Wireless'existing lease. Verizon has performed e�ensive negotiation with this building owner with no
success. The attorney explained they feel the damage, wear, and tear to their roof no bnger justifies
the equipment being on their roof,regardless of the amount of rent being paid As such,Verizon needs
this cell site to continue to provide coverage to the subscribers and constituents in this area. (Item #9
on Page 1 of this cover letter provides the detailed justification of why this cell tower is needed)
As you can see by the detail and depth of this application,Verizon Wireless and Martin Consulting are
being very forthcoming with providing and supplying any and all information for this project to be
reviewed by the City of Fridley. Verizon Wireless and Martin Consulting has provided this information
with the full intent of ineeting the spirit and ]�tter of the code for which this application is being
suhmitted
Sincerely,
�`
-�f �'����2�
�r�-- ��
1
Lewis Martin,President
Martin Consulting,LLC
(469) 347-0920 Direct Line
(469) 777-3482 Fax
Lewis@MartinConsultingTX.com
1062088v3
_
I �
�
ESI
GN
I of Eden Prairie, LLC.
9973 Valley View Road
Edlen Prairie, MN 55344
Phl(952) 903-9299
I
Jul�e jones Wednesday,January 28,2015
Pl�nning Manager
Ci�of Fridley
64 1 University Ave.NE
76$-572-3599
jul�e.jones@fridleymn.gov
RE�I Submission of a CUP Application from Martin Consulting for Verizon Wireless(Min Panther)
At�he request of Lewis Martin, President, Martin Consulting, I am submitting my determination as required
for the Conditional Use Permit Application for the 89' monopole tower that is being proposed to be installed
by erizon Wireless at 960 Osborne Road,Fridley,MN 55432,owned by 960 OSBORNE ROAD WFW,LLC,with
Wa ter Whitney being the owner of that LLC (Parcel ID: 12-30-24-22-0013).
Th�'se are the statements of fact that Lewis Martin indicted needed to be confirmed and certified and thus
pro�ided to the City of Fridley for this CUP application. Design 1 hereby confirms and certifies that the
con ction drawings being submitted for this CUP application fully comply with the spirit and intent
of t e following ordinances:
Statement Concerning Additional Carriers: Section 205.30.7. (A)2: The engineer shall also
certify the capability of the tower to provide adequate structural support considering existing or
other proposed antenna installations; and
�. Statement Concerning Safety Margin and Potential Collapse Area:Section 205.30.7.(A)2: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
�. Statement Concerning Additional Carriers: Section 205.30.7 (A)7: A statement as to whether
the proposed development of approved Site is capable of being developed to support more than
two (2) operating wireless telecommunications facilities comparable to the others in weight, size,
I and surface area; and
4. Maximum Height: Section 205.30.7 (A)10: Tower height shall be measured from the average
adjoining grade to the highest point of construction of any tower or wireless telecommunications
facilities.Towers are exempt from the maximum height restrictions of the districts where located.
Towers shall be permitted to a height of one hundred twenty-five (125) feet:and
�. Exterior FinishQS: Section 205.30.7 (A)11: 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
I telecommunications facilities placed on water towers shall be finished with a non-corrosive
material to match the color of the water tower.
Page 1 of 3
DESI N
G
of Eden Prairie, LLC.
9973 Valley View Road
Eden Prairie, MN 55344
Ph (952) 903-9299
6. Illumination: Section 205.30.7 (A)12: Towers shall NOT be artificially illuminated except as
required by the Federal Aviation Administration ("FAA"): and
7. Landscaping and Screening: Section 205.30.7 (A)13: 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; and
8. Security: Section 205.30.7 (A)14: 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.
9. Setbacks:Section 205.30.7 (A)17:The tower or wireless communications 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.
10. Signs:Section 205.30.7(A)18:Signs 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.
11. CO-LOCATION: Section 205.30.22: Towers shall be designed to support more than two wireless
telecommunications facilities.
SECTION 205.30.0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT Part 6. CRITERIA
FOR ADDING APPROVED SITES TO APPENDIX A.
12.Section 205.30.6 (A) Whether the proposed new site is capable of being developed to support
more than two operating wireless telecommunications facilities comparable to the o�hers in weight,
size,and surface area; and
13. Section 205.30.6(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
14:Section 205.30.6 (F) Whether the proposed site is accessible for service vehicles; and
15. Section 205.30.6(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; and
16.Section 205.30.6 (J) Whether the proposed site has adequate open space to allow wireless
facilities to be installed without detrimentally impacting landscape,displacing parking,or impeding
sight lines of a current or future principa]use; and
17. Section 205.30.6 (L) Whether the proposed site has amenities such as trees that will allow
screening and sight line relief. If no, whether the combination of site size and other site features
help to provide sight line relief; and
18.Section 205.30.6(0)Whether there is adequate space on the proposed site so that the base of any
necessary Tower can accommodate essential equipment.
Page 2 of 3
� ESIGN
of Eden Prairie, LLC.
99 3 Valley View Road
Ed n Prairie, MN 55344
Ph (952) 903-9299
La tly, in reference to Section 205.30.7 (A)13,Section 205.30.6 (J), and Section 205.30.6 (L), Design 1 has
de ermined that for the landscaping for the this site should include plantings on the south of the equipment
building, but no plantings to the west on the equipment building since, since this area is a parking lot.
Ad itionally,
a) In conversations that Lewis Martin held with you last week,he indicated that the you both
agreed the existing building to the North was sufficient screening in that direction,and
b) Screenings to the east wouldn't be needed since the adjacent property in that directions
wasn't residential and wasn't viewable from a public ROW,and
c) We strongly recommend against placing a screening wall to the west of the equipment
building since it would be, in our professional experience, be more of an eyesore than a
standard chain link fence,and
d) For additional screening and sound barrier reduction on all four sides, these drawings
show the inclusion of privacy slats that will be inserted in the chain link fence that will
generally result in a privacy and screening factor of 75-90%.
In additional to the items certified above,Design 1 is providing you with the size and quantity of the plans
yo requested: Plans to be submitted should include three (3) FOLDED full size 24"X36" copies,three (3)
11" 17"to-scale reduction, and one (1) 8 �/z x 11 reduction and an electronic pdf file via e-mail or CD.
De�ign 1 hereby confirms and certifies that these eighteen(18) items fully complies with,adheres to,
of omplies with the spirit and intent of the following sections of the ordinances as shown in the
arc itectural and engineering construction drawings created by Design 1, and being submitted for
re ew as a part of this CUP application.
�!1���7 �11 �r�y�� Seal affixed below:
Pri ted Name:
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Tit : �.�`����T..J pqG�,*�
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Sig ature: � + ARCHITECT 1
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Dat�: #�`�F� �y`�
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Page 3 of 3
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Map of Existing Verizon Cell Sites in Fridley and Surrounding Area
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i VZW Site to be 4
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Figure 7:Map of proposed site and surrounding Verizon sites within a 2.5 mile radius.
The above map, Figure 7, shows all of the existing Verizon cell sites within 2.5 miles of the proposed site.
Since the purpose of this site is a relocation for the Fridley site, it needs to be close enough to the
existing site to maintain as much of the existing coverage as possible. Within a suburban metropolitan
area such as Fridley, cell sites need to.be approximately 1-1.5 miles apart, which means that any site
that would be able to serve the area currently served by the existing Fridley site needs to be within
range of the site. Of the 5 existing sites in the area,the only site within that range is Mint. As mentioned
previously, MIN Mint is currently serving a very large area between itself and County Hwy 10, and
decommissioning the MIN Fridley site will add to its service area. This will greatly overburden the
capacity of MIN Mint, and the increased traffic will result in users being unable to establish or maintain
8
Community Development Department
Ciry of Fridley
� 6431 University Avenue NE
Fridley MN 55432
```` `=` 763.572.3592
F��e� Fax: 763.571.1287
www.fridleymn.g�v.
SPECIAL USE PERMIT APPLICATION FOR: v
Residential Commercial/Industrial/Mulfi-Family �
Property Information
,4ddress: 9�Osborne Road,Fridley, MN 55432
Anoka County Property Identification Number(PIN#j: 12-30-24-22-0013
�egal Description: SEE ATTACHED PAGE
Current Zoning: M-1 Light Industrial Square footage of Parcel: 61,983 SF
Reason for Special Use Permit(one sentence summary, please attached full description)
In accordance with the City's Zoning Code,Verizon Wireless is submitting a SUP for a new 80'
tower(89'with lightning rod) to improve wireless service and public safety in this area.
Fee/Property Owner Information (as it appears on property title)
**Fee owner must sign this form prior to processing
Name(please print): g60 OSBORNE ROAD WFW,LLC, c/o WALTER WHITNEY
Mailing address: 13460 Van Buren St NE C/0 960 OSBORNE ROAD WFW LLC
City: Ham Lake State: MIV Zip code: 55304
Daytime Phone: 763-786-7846 Fax Number: N/A
Cell Phone: N A E-mail address: �hitney9@icloud.com
signature/Date: '�� J�I�xXt[fZ for Walter Whitney
Pefidoner Information
Company Name(please print): Martin Consulting (on behalf of Verizon Wireless)
Contact Person's Name(please print): Lewis Martin
Mailing address: 424 El Camino Drive
City: Frisco State: Texas Zip code: 75034
Daytime Phone: 469-347-0920 Fax Number: 469-777-3482
Cell Phone: 469-347-0920 E-mail address: Lewis@MartinConsultingTX.com
Signature/Date: � .l�YlLtift 2/10/2014
FOR OFFICE USE ONLY
Fees
$1,000—R-1,Single Family Residenfial
$1,500—Commercial/Industrial/Multi-Family Residential �
Application Number: S(� 15-a�i Receipt#: Received By:
Application Date: �-1�3 — ��'
15 DayAppfication Complete Notification Date: � . �� - ��
Scheduled Pfanning Commission'Pate: 3 � ��_�_S"
Scheduled City Council Date: `f '�_3 -- ��S'
60 Day Date: �—(3—(�
60 Day Extension Date: �—E J — 1�
CITY OF FRIDLEY
PUBLtC HEARING NOTICE
BE�ORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property generally
located at 960 Osborne Road.
CASE NUMBER: Special Use Permit, SP#15-03.
APPLICANT: Martin Consulting (on behalf of Verizon Wireless)
Petitioner or re resentative must attend the Plannin Commission meetin .
PURPOSE: To allow the construction of an 89 foot telecommunications tower in
the rear ard of the ro ert .
LOCATION OF 960 Osborne Road
PROPERTY AND
LEGAL The legal description is on file and available at Fridley Municipal
DESCRIPTION: Center.
DATE AND TIME OF Planning Commission Meeting:
HEARING: Wednesday, March 18, 2015, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meetin on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 Universit Avenue N.E., Fridle , MN.
HOW TO 1. You may attend hearings and testify. '
PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones,
Planning Coordinator, at 6431 University Avenue N.E., Fridley,
MN 55432 or FAX at 763-571-1287.
SPECIAL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta CoNins at 763-572-3500
no later than March 11, 2015. The TDD # is 763-572-3534.
ANY QUESTIONS: Contact Stac Stromber , Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Counci! meeting Date for this item will be
COUNCIL MEET/NG Monday, Apri! 13, 2015. *This date is subject to change
DATE: depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
Cit Council meetin .
Publish: March 6, 2015
,■„ Community Development Department
� `Fn��ey Public Hearing Notice
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SOURCES
Fridley Engineering N
Fridley GIS Special Use Permit Request, SP#15-03
Anoka County GIS Petitioner: Martin Consulting on behalf of Verizon Wireless w E
Address: 960 Osborne Road NE
Map Date:February 23, 2015 S
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� wor�ane•�w�r�nn ;ap ui;e a�ny�ey e{@ zagdaa P- S ; aa�ad @ sa���e}sa�vanb���
PACKER RODNEY W &DOREEN M QUINCY RAVEN PROPERTIES LLC EVANS WALTER
7705 TYLER ST NE 12770 RAVEN ST NW 911 OSBORNE RD NE
SPRING LAKE PARK, MN 55432 COON RAPIDS, MN 55448 5PR1NG LAKE PARK, MN 55432
MALOTT KALEB HELWIG GLADYS CURIE ALFRED
7700 TYLER ST NE 865 OSBORNE RD NE 7711 TYLER ST NE
SPRING LAKE PARK, MN 55432 MINNEAPOLIS, MN 55432 SPRING LAKE PARK, MN 55432
SCHMEDA EDWARD R&SHP,RON K RANUM BRIAN&SHEILA HALVORSON TERRENCE L
908 VICEROY QR NE 917 OSBORNE RD NE 7701 TYLER ST NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
KOCHER DANIEL ZULKOSKY RICHARD MINNESOTA YOU7H ATHLETIC
3480 BUNKER LAKE BLVD NE 923 OSBORNE RD NE SERVICES INC
HAM LAKE, MN 55304 SPRiNG LAKE PARK, MN 55432 1011 OSBORNE RD NE
SPRING LAKE PARK, MN 55432
HARRIS CLAYTON L &VALERIA QUADE JEFFREY ANOKA COUNTY OF HIGHWAY DEPT
7709 ABLE ST NE 7708 ABLE ST NE 2100 3RD AVE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 ANOKA, MN 55303
OTT HARLAN W &CARIDAD C KARGER CHERESA MADZO MICHELLE
7708 TYLER ST NE 916 VICEROY DR NE 924 VICEROY DR NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
BRAND BftOADWAY ASSOCIATES ROOTKIE B M &OCH ROOTKIE D L MELLONHEAD INVESTMENTS INC
16255 VENTURA SLVD#1200 BR���TOOL&ENGINEERING INC, gg0 OSBORNE RD
ENCINO,CA 91436 7615 BAKER ST NE FRIDLEY, MN 55432
FRIDLEY, MN 55432
SPRING LAKE PARK SD#16 INDEPENDENT SCHOOL DIST#8 IND SCHOOL DISTRICT#16
8000 HWY 65 NE 8000 HIGHWAY 65 NE 8000 HWY 65 NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRiNG LK PARK,MN 55432
BDA DEVELOPMENT CORP LLP FRIDLEY VFW HOLDING CO BRAND BROADWAY ASSOC
7600 STA7E HWY 65 NE 1040 OSBORNE RD NE 385 CLINTON ST
FRIDLEY, MN 55432 FRIDLEY, MN 55432 COSTA MESA, CA 92626
FRIDLEY PROPERTIES LLC 960 OSBORNE ROAD WFW LLC V I C PROPERTIES LLC
980 OSBORNE RD NE 13460 VAN BUREN ST NE 9535 JENNIFER CT
FRIDLEY, MN 55432 HAM LAKE, MN 55304 CHISAGO CITY, MN 55013
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RESIDENT RESIDENT RESIDENT
7705 TYLER S7 NE 7701 ABLE ST NE 911 OSBORNE RD NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
RES4DENT RESIDENT RESIDENT
7700 TYLER ST NE 865 OSBORNE RD NE 7711 TYLER ST NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
RESIDENT RESIDENT RESIDENT
908 VICEROY DR NE 917 OSBORNE RD NE 7701 TYLER ST NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
RESIDENT RESIDENT RESIDENT
7716 TYLER ST NE 923 OSBORNE RD NE 10110SBORNE RD NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRiNG LAKE PARK, MN 55432
RESIDENT RESIDENT RESIQENT
7709 ABLE ST NE 7708 ABLE ST NE SPRING LAKE PARK, MN 55432
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
RESIDENT RESIDENT RESIDENT
7708 TYLER ST NE 916 VICEROY DR NE 924 VICEROY DR NE
SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432 SPRING LAKE PARK, MN 55432
RESIDENT RESfDENT RESIDENT
FRIDLEY, MN 55432 7615 BAKER ST NE 970�SBORNE RD NE
�RIDLEY, MN 55432 FRIDLEY, MN 55432
RESIDENT RESIDENT RESIDENT
880 OSBORNE RD NE 895 76TH AVE NE 7645 BAKER ST NE
FRIQLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432
RESIDENT RESIDENT RESIDENT
7600 HIGHWAY 65 NE 1040 OSBORNE RD NE FRIDLEY, MN 55432
FRIDLEY, MN 55432 FRIDLEY, MN 55432
RESIDENT RESIDENT RESIDENT
980 OSBORNE RD NE 960 OSBORNE RD NE 1010 OSBORNE RD NE
FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432
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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 March 18, 2015, at 7 : 00 p.m. for the
purpose of:
Consideration of a Special Use Permit, SP #15-03, by Martin
Consulting (On behalf of Verizon Wireless) , to allow the
construction of an 89 foot telecommunication tower in the rear
yard of the property, legal description is on file and
available at Fridley Municipal Center, generally located at
960 Osborne Road.
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 Stacy Stromberg, Planner,
at 763-572-3595 .
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 March
11, 2015 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
April 13, 2015 . *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: Friday, March 6, 2015
�-� � CITYOF F'R[DLEY
FRIDLEY MiJNICIPAL CENTER • 6431 IJNIVERSTTY AVE.N.E.FRIDLEY,MN 55432-4308
(763)571-3450 • FAX(763)571-1287 • www.FridleyMN.gov
February 25, 2015
Martin Consulting
Attn: Lewis Martin
424 EI Camino Drive
Frisco TX 75034
Dear Mr. Martin:
Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15
working days if their land use applications are complete. We officially received your application for a
Special Use Permit for 960 Osborne Road in Fridley on February 13, 2015. This letter serves to inform
you that your application is complete.
YQUr Special Use Permit applicatiQn he�ris�g and discussion will take pla�e atthe City Qf Fridley Planning
Commission Meeting on March 18, 2015 at 7:00 P.M. in the City Council Chambers at 6431 University
Avenue. The City of Fridley City Council is scheduled to take final action on your Special Use Permit on
April 13, 2015 at 7:00 P.M. Please plan to be in attendance at both of the above referenced meetin�s.
If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-
3595.
Si cerely,
S rg
Planner
c: 960 Osborne Road WFW, LLC
c/o Walter Whitney
13460 Van Buren Street NE
Ham Lake MN 55304
,
�
���:��: emoran um
t.,��r
� � Fri�ey plannin Division
g
DATE: March 13, 2015
T0: Fridley Planning Commission
FROM: Scott Hickok,Community Development Director
Julie Jones, Ptanning Manager
Stacy Stromberg, Planner
SUBJECT: Text Amendment,TA#15-01 Public Hearing to Repeal and Replace Chapter 213, Fences
REQUEST
The current City code has fence regulations both within Chapter 213 Fences and Chapter 205 Zoning. At
times this has been confusing for residents, business owners as well as staff. For simplicity sake, staff is
proposing a text amendment that will repeal and replace Chapter 213 Fences so that any code fanguage
' related to fences is in this one section of code.
We have consolidated all existing language into this one section of code. We have also revised some of
the language to make it clearer and added some regulations;specifically re{ated to permit requirements
and fence�ocation. Lastly,we've created fence placement diagrams to make the code language more
understandable.
RECOMMENDATION
The Planning Commission is not required by code to hold a public hearing on this item or to make a
recommendation to the City Council since it is not a Zoning Code text amendment. However, since
some of the code language is also in the Zoning Code,which wiN be repealed at a later date, staff
recommends that the Commission follow standard public hearing procedures for this item in case
anyone from the public is interested in commenting.
c
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. Fridley City Code Chapter 213 Section 213.07.
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'-"--- ------- ---- rY- �------ -- - . .
CITY OF FRIDLEY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA,BY REPEALING CHAPTER 213 ENTITLED "FENCES" IN ITS
ENTIRETY AND ADOPTING A NEW CHAPTER 213 ENTITLED "FENCES"
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES HEREBY ORDAIN
SECTION 1: That Chapter 213 Entitled "Fences" is hereby repealed in its entirety.
SECTION 2: That Chapter 213 Entitled "Fences" is hereby adopted as follows:
FRIDLEY CITY CODE
CHAPTER 213. FENCES
213.01. DEFINITIONS
1. Fence—As used herein the term "fence" means and includes a structure, partition or wall
erected for the pumose of enclosin��a piece of
land or to divide a piece of land into distinct '�h '
Q,ortions The term "fence" includes an enclosure
made of a nermanent material such as wood or �
� Frcxia Yard
iron. �
�
�
G,�ag�
2. Vision Safety Zone — The triangular area of a x°��
corner lot beginnin� at the intersection of the
street surface edge or curb lines, measurin� fortv
(40) feet along�each curb line and a strai h��t line
between the two (21 �oints.
213.�2 LOCATION �'ixiou SaEety Zoiie Dit►�razu
Fences shall be located entirel�on the private pronerty of the owner constructin�the fence. It is
the responsibility of the proQertv owner installing the fence to determine the location of the
propertv line.
Fences on corner lots shall not encroach into the Vision Safetv Zone.
Fences placed within a drainage or utilitv easement shall not impede the flow of runoff or
interfere with planned or installed utilities The Citv or any utilit�ompanv havin� authoritv to
use such easement shall not be liable for anv dama�es or to repair or replace such a fence, in the
event it is moved dama�ed or destroved in the maintenance of the easement or the installation
maintenance, or re�air of utilities thereto.
213.03 FENCE HEIGHT
• Ordinance No. Page 2
1. Residential districts—Fences located in front of the principal structure shall not exceed
four(4) feet in hei�,ht Fences located in the side and rear yard lot line shall not exceed
seven 7) feet in height.
10h.areawhere afenae
wnnote�aeed�l�cnes propertyLlne
No fence shall exceed a hei�ht of thirtv(30)
inches within ten (10)feet of a driveway for a S=��
distance of ten(10) feet in each direction from :---�-�.-� ---------------------
the intersection of the propertyline. : :�:�: F�o�y�,
o�a�i�
2. Commercial districts—Fences located in front
of the nrinciQal structure shall not exceed four ������`� ���� ���e ���
�4) feet in hei�ht Fences located in the side
and rear yazd lot line shall not exceed ei�ht(8) �;����� ���� � �� ,
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feet in height. ° z
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,� �.g� � �� � ��� ��
In addition to an ei�ht(81 foot fence, up to ��' ����. ���.��� ����'; ` ��
three (3) strands of barbed wire, which are not
to exceed ei�hteen (18) inches in hei�ht, mav ���
be affixed to the top of the eight�8) foot fence and mounted on standard barbed wire
arms desi�ned�ecifically for thatpur�ose These barbed wire arms mav be used in the
C-2 and C-3 districts under the following„conditions:
a. Barbed wire may be used on all sides of public utilitv and defense contractor facilities
for protection.
b. Barbed wire may be used in the side and rear�ard of those pronerties that have
��roved special use permits for outdoor stora�e areas or outdoor sales lots.
c. With City approval during times of national emer�encv. nroperties mav be
authorized additional usage of barbed wire to include temuorarv barriers made of
barbed wire and barbed wire used to top temporarv securitv fences.
3. Industrial districts—Fences located in front of the principal structure shall not exceed
four(4) feet in hei�ht Fences in the side and rear vard shall not exceed ei�ht(8) feet in
hei�ht•
In addition to an ei�,ht (8) foot fence up to three (3) strands of barbed wire,which are not
to exceed e�hteen(18) inches in height maX be affixed to the top of the ei�ht(8) foot
fence and mounted on standard barbed wire arms desi n�.ed specificallv for that nurpose.
'These barbed wire arms mav be used in the M-1 M-2 M-3 M-4 and S-3 districts,under
the following conditions:
a. Barbed wire may be used on all sides of public utilitv and defense contractor facilities
for protection.
d. Barbed wire mav be used in the side and rear vard of those properties that have
approved s�ecial use permits for outdoor stora�e azeas or outdoor sales lots.
Ordinance No. Page 3 �
b. With City approval during times of national emergencX, properties mav be
authorized additional usa�e of barbed wire to include temporary barriers made of
barbed wire and barbed wire used to top temporary securitv fences.
213.04 CONSTRUCTION AND MAINTENANCE
Every fence shall be constructed in a substantial and workmanshi�-like manner and of a
substantial material Every fence shall be maintained in a condition of reasonable reuair and
shall not be allowed to become and remain in a condition of disre�air or dangLr, or constitute a
nuisance public or private Any fence which is dan erg� ous by reason of its state of disrenair or
construction or is otherwise injurious to public safety health or welfare is a nuisance. An�such
fence that has become a nuisance shall be repaired or removed. Any violation of this section
shall be subject to the abatement process as set forth in Chapter 128.
213.05 PERMITTING
Buildin�permits are required for fences over 7 ft. in hei�ht.
213.06 PROHIBITION
The followin� fences are prohibited within the Citv.
1. Any fence of inetal construction or otherwise which is charged or connected with an
electrical current in such a manner as to transmit said current to persons, animals or
objects which mi�ht come in contact with same.
2. An�fence constructed within or upon any,public ri�ht-of-wav.
3. Any fence constructed within u�on or through a drainage areas ponds or wetlands.
4. Any fence that encloses hinders, or restricts access to above g;round utilitv boxes, fire
hvdrants or other above g�ound utility structures or components.
5. An,y fence located within a Vision Safety Zone.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
_DAY OF 2014.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
� Ordinance No. Page 4
Published: