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HomeMy WebLinkAboutOrdinance 793ORDINANCE NO. 793 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1105, 1121 and 1124 OF THE MOUNDS VIEW CITY CODE BY CORRECTING LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1105 of the Mounds View Zoning Code pertaining to "Zoning Districts and Maps" by deleting the ~ language and adding the underlined text as follows: 1105.01: DISTRICTS ESTABLISHED: Subd. 1. Establishment of Districts: The following zoning classifications are hereby established within the City: d. Special Districts: CRP, Conservancy, Recreation and Preservation District PS, Pawn Shop Overlay District PUD, Planned Unit Development District (1988 Code §40.09) SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1121 of the Mounds View Zoning Code pertaining to "Off Street Parking Requirements" by deleting the language and adding the underlined text as follows: 1121.09: STALL, AISLE AND DRIVEWAY DESIGN: Subd. 5. Curb Cuts and Driveway Openings: a. Parking Space Size: Each parking space shall not be less than nine feet (9') wide and eighteen feet (18') in length exclusive of access aisles, and each space shall be served adequately by access aisles. Spaces designed as curbside parallel parking shall be twenty-two feet (22') in length. b. Curb Cut Widths. Widths of curb cuts shall be as follows, subject to requirements of Subdivision 5e hereof: Ordinance 793 Page 2 Type of Land Use Maximum Width of Curb Cut Public Parks & Preservation Areas ~€- R-1, CRP 32 Feet SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1124 of the Mounds View Zoning Code pertaining to "Wireless Telecommunication Facilities" by deleting the ~t~=i language and adding the underlined text as follows: 1124.03: ALLOWANCE FOR TOWERS AND ANTENNAE BY ZONING DISTRICT: Subd. 2. Conditional Uses, Specific Districts: Wireless telecommunication towers and antennae shall be allowed with the approval of a conditional use permit in the zoning districts specified in the table below and in accordance with the co-location requirements stated in Section 1124.04, siting requirements and design criteria stated in Section 1124.05, and the procedural requirements stated in Section 1124.06. The procedure for review and action on conditional use permits shall be as stated in Section 1125.01. Conditional use permits are not required fortowers and/or antennae used by the City for City purposes or public agencies for public safety purposes; or for repair, adjustment or replacement of the elements of a wireless telecommunication antenna array affixed to a tower, if the repair, replacement or adjustment does not reduce acceptable safety standards. The height limitations listed in the following table shall include all parts of the wireless telecommunication tower and antenna structure except for that space needed for lightening diffusion apparata. (Ord. 588, 2-10-97) Zoning Districts Height Limitations With Co-location' CRP and R'€ 100 feet, allowed only if incorporated into new or 120 Feet z City-owned Land existing facilities or structures, such as using the zoned R-1 tower as a light standard for ball fields or parking areas, or into mature tree stands that provide a suitable screen for at least half the height of the tower. 1124.05: SITING AND DESIGN REQUIREMENTS: The requirements of this section apply to all wireless telecommunications towers and antennae erected, constructed, placed, or replaced in the City. All wireless telecommunication towers and antennae shall be designed and situated to be visually unobtrusive to minimize the impact upon the neighboring uses and shall conform to the following design and siting criteria: (Ord. 588, 2-10-97) Ordinance 793 Page 3 Subd. 4. Landscaping and Screening: The wireless telecommunication tower and/or accessory equipment building shall be landscaped and screened with a mixture of six- foot (6') tall evergreens and one and one-half inch (1'/z") caliper ornamental deciduous trees at a ratio of four (4) evergreens per every one (1) deciduous tree, spaced no less than eight (8) feet apart on center so as to achieve at least a fifty percent (50%) opaque screen. Trees may be clustered to create a more natural appearance to the screening. In addition to these landscape requirements, wireless telecommunication towers and/or accessory equipment buildings located on City-owned land or in the ~?F-a-r~ CRP zoning districts .shall include a mix of shrubbery and/or flowering perennials in order to enhance and complement the natural features and environmental value of the City's parks and recreation areas. The landscaping plan sh~~b~e~~v~ced by the City Forester and approved by the City Council as part of a c~cind+t~'`ot~~`"~se permit (CUP) or by the Director of Community Development and City Forester, if the wireless telecommunication tower or antennae is allowed as a permitted use. The City Council or Director of Community Development and City Forester, as applicable, may waive the landscaping and/or screening requirements upon request of the applicant if the existing landscaping and screening is deemed sufficient. (Ord. 588, 2-10-97) ~. Subd. 10. Lights: No wireless telecommunication tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, day-time strobes or steady night time light or other illumination devices, except as required by the Federal Aviation Agency, the Federal Communications Commission or the City. This restriction against lights shall not apply to towers which have been combined with light standards for illumination of ball fields, parking lots, playgrounds, or other similar public uses, as provided in Section 1124.03, subdivision 2 for ~"~-a-r~ City owned land and CRP districts. (Ord. 588, 2-10-97) SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the City Council of the City of Mounds View this 25th day of June, 2007. Second Reading and Adoption by the City Council of the City of Mounds View this 9th-day of July, 2007: /` Rob Marty, Mayor ATTEST: ~-~ Kurt Ulrich, City Administrator (seal) Stars off Mln~a~es®ta ss Co~~nty mif ~a~~~y WES COHEN ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as N ,W RRTC'THTnN RIT , .TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO.793 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY ,the 30TH .day of JANUARY , 20 08 ,and was thereafter printed and published on every to and including ,the day of 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ *abcdefghijklm nopq rstuvwxyz Subscribed and sworn to before me on t is 19TH day of FEBRUARY 08 BY: TITLE ACCOUNTING CONTROLLER Notary Public "Alphabet should be in the same size and kind of type as the notice. ,~ , ,~~; ~ . TONYA R. WNITEHEAD RATE INFORMATION Notary Public-Minnesota ~~~+;xi~'V My Commission Eupires Jan 31,2010 (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter ................ (3) Rate actually charged for the above matter ........................................... .....$24.00 per col. inch .......$23.25 per col. inch .$ per col. inch 1 /08 ORDINANCE SUMMARY ORDINANCE N0.793 CfTY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNPeSQTA - AN ORDINANCE AMENDING TITLE ' 110Q, CHA'hT~RS t105,112i ahd i12a OF THE MOUNDS VIEW CITY CODE BY CORRL=ttiFiNO I.ANAUACiE pERTA1NlP(Q TQ THE FORMER PF ZONN~Li D~TRICT On July 9, 2l)O7, the Mounds View City CounGll ad1 an orcNnance which revised the Code dating to the . former PuT r=ac1(~has ;{PF) Zoning, bistrict and reletllQ ;tWersn~s to ate Wireless Telecomneirt~ations Facilities chapter. The' an>or~dments eliminate remnant refer` to the former PF District and clsbgy~M~ which zoning die- Yricts wireless telecommunication towers and antenna could bA located.. The ordinance and.the amended wire- less telecommunion facilities chapter are on fNe and avsiil~le for publld view- ing at the otfkle r of the Clerk ' Administrator The ordinance is posted in its entkety tact he 'city's website,; located '~ aY . :ci.maunds~ view.mn.us/ords/793:odf: Kurt Ulrich, City ~Ietir-Administrator (Bulletin: Jan. 30,:2008) State of I~Iinnesota ~~ County o~F Ramsey WES COHEN ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NFW RRTCT TON RiT TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 793 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for T successive weeks; it was first published on WEDNESDAY ,the 30TH day of 7ANUARY , 20 08 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCD EFGH IJKLMNOPQRSTUVwXYZ 'ABCD EFGH IJKLMNOPQRSTUV W XYZ 'abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on this 19TH day of FEBRUARY 08 BY: ~L f TITLE ACCOUNTING CONTROLLER Notary Public "Alphabet should be in the same size and kind of type as the notice. ,an w~nnnnnn.. ,~', ~ TOi'~`(9~ R.1~1~iTE1~;=~,D RATE INFORMATION J'datary PubPic->V4innas©ta ~MY Commission Expires Jan 31, 2010 V dW (1) Lowest classified rate paid by commercial users for comparable space ............................................................$24.00 per col. inch (2) Maximum rate allowed by law for the above matter ...........................................$23.25 per col. inch (3) Rate actually charged,for the above matter .......................................................$ per col. inch 1 /08 ORDINANCE SUMMARY ORDINANCE NO. 793 crTY of MouNDS view COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE. 1100, CHAPTERS 1105, 1121 and 1124 OF THE MOUNDS VIEW. CITY CODE BY CORRECTING LANGUAGE PERTAINING TO THE FORMER PF ZONING DISTRICT Cn Juiy 9, 2007, the Mounds View City. Council adopted an ordinance which revised the Zoning Code relating to the former Pubiic• Facilities (PF) Zoning District and related references to the Wireless Telecommunications Facilities chapter. The amendments .eliminate remnant references to the former PF District and clarify ih which zoning dis- trios wireless telecommunication towers and antenna could be located The ordinance and the amended wire- less telecommunication facilities chapter are on file and available for public view- ing at the office of the Clerk Administrator. The ordinance is posted in its entirety on .the- City's website, located at www.ci.mounds- vi ew. mn. u s/ordsl793.odf. Kurt Ulrich, City Clerk-Administrator (Bulletin: Jan. 30, 2008) Mounds View City Council July 9, 2007 Regular Meeting Page 5 Council Member Stigney said that he would like the problem of sufficiency addressed but it could be by Staff, the Charter Commission or Council. The other two things were discrepancies between the language and the flow chart and it is important to correct them. Council Member Flaherty expressed his support of the proposed Charter amendment and the recommended language on timelines and sufficiency. He feels that the Charter amendment presented should be approved keeping in mind that a subsequent clarifying amendment maybe in order. City Administrator Ulrich and City Attorney Riggs agreed to work on the language to present to the Charter Commission for consideration. MOTION/SECOND: Marty/Stigney. To Continue this Matter to the July 23, 2007 Council Meeting. Council Member Mueller said that the sufficiency information is set up in the Charter to be fair both to the City and the residents and it does not define what the petition is and she thinks that a definition is one thing but anything beyond that is something that should go before the voters. Council Member Stigney indicated that the petitioning procedure and how it is spelled out in the Charter should be corrected. Mayor Marty agreed that Council will take a vote at the next meeting, one way or the other, in order to keep this from being sent back to the Charter over and over again. Ayes - 5 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 793, an Ordinance Amending the Zoning Code to Eliminate References to the Former PF Zoning District Community Development Director Ericson explained that first reading was heard on June 25, 2007. The purpose of the amendment was to clean up the PF Zoning District language and remove it from the City's Code as well as clarification that towers can be placed on City owned land, not just park land. The second amendment includes the City Forester in the plans for review. Mayor Marty opened the public hearing at 8:23 p.m. Hearing no public comments, Mayor Marty closed the Public Hearing. MOTION/SECOND: Marty/Hull. To Waive the Reading and Adopt Ordinance 793, an Ordinance Amending the Zoning Code to Eliminate References to the Former PF Zoning District.