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HomeMy WebLinkAboutOrdinance - 22-2017 - Amend Chapter 11, Relating to Conditional Use Permits - 12/21/2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 22-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.06 AND 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by: 1. Deleting the definition of Commercial Wireless Telecommunications Services item 14 (items to be renumbered for this and all subsequent changes herein); 2. Inserting a new definition for Public Right-of-Way at item 53 as re-numbered as follows: "Public Right-of-Way" - as defined in Section 6.01, Subdivision 20." 3. Inserting a new definition for Small Wireless Facility at item 64 as re-numbered as follows: "Small Wireless Facility"—As defined in Section 6.01, Subdivision 28. 4. Amending the definition at of Telecommunications mechanical equipment at item 73 as re-numbered as follows: "Wireless equipment" — Equipment that is necessary for the operation of a tower for wireless services. 5. Amending the definition of Tower at item 74 as re-numbered by adding at the end of the definition the following sentence: "Tower does not include a wireless support structure as defined in this Section." 6. Inserting a new definition for Wireless Service at item 78 as re-numbered as follows: "Wireless Service"—As defined in Section 6.01, Subdivision 34." 7. Inserting a new definition for Wireless Support Structure" at item 79 as follows: "Wireless Support Structure"—As defined in Section 6.01, Subdivision 35. Section 2. City Code Chapter 11, Section 11.03, Subd. 3. F. is hereby amended by deleting in the first line the words "commercial" and "telecommunications." Section 3. City Code Chapter 11, Section 11.03, Subd. 6. A. 1. and A. 2. are hereby both amended by adding in (a) after the words "One-Family Residential Districts,"the following, "except as provided below in subsection A.3." Section 4. City Code Chapter 11, Section 11.03, Subd. 6. A. is amended by adding anew subpart 3 as follows: 3. No Wireless Support Structure conditional use permit shall be issued for a use within the One-Family Residential Districts unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the City Planner and such approval is effective as hereinafter provided. Section 5. City Code Chapter 11, Section 11.06, Subd. 1 A. and D. are hereby both amended by deleting the words "commercial" and telecommunications." Section 6. City Code Chapter 11, Section 11.06, Subd. 2 is amended by deleting the words telecommunications mechanical" and inserting the word "wireless" in their place. Section 7, City Code Chapter 11, Section 11.06, Subd. 3. is amended by deleting the words "Commercial Wireless Telecommunications Services" and inserting in their place the words "wireless services." Section 8. City Code Chapter 11, Section 11.06, Subd. 4. B., Subd 5. A, B and C are amended by changing removing the capitalization from the words "Public Street" so that it appears as "public street." Section 9. City Code Chapter 11, Section 11.06, Subd. 6. item 3 is amended by deleting the words "City Code" and inserting in their place the word "this" and deleting the number"11". Section 10. City Code Chapter 11, Section 11.06, Subd. 7 is amended by deleting in the first sentence the words "commercial wireless telecommunication" and inserting after the word "towers"the words "for wireless service." Section 11. City Code Chapter 11, Section 11.06, Subd. 7. A. is amended by deleting in the first sentence the words"commercial wireless telecommunication services"and inserting after the word "tower" the words "for wireless service" and deleting in the first sentence the word "telecommunications" and inserting the words "antenna or wireless." Section 12. City Code Chapter 11, Section 11.06, Subd. 8. B. is amended by deleting the words "Commercial wireless telecommunication service towers" and inserting in their place the words "Towers for wireless service." Section 13. City Code Chapter 11, Section 11.06, Subd. 9. is amended by deleting in the title and in the first sentence the words "Telecommunications mechanical" and inserting in their place the word "Wireless" and changing the phrase "right of way"to "right-of-way". Section 14. City Code Chapter 11, Section 11.06, Subd. 9. A. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in its place the word "Wireless" and deleting the words "Commercial Wireless Telecommunications Services" and inserting in their place the words "wireless service". Section 15. City Code Chapter 11, Section 11.06, Subd. 9. B. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in their place the word "Wireless". Section 16. City Code Chapter 11, Section 11.06, Subd. 9. C. is amended by deleting in in the first sentence the words "Telecommunications mechanical" and inserting in their place the word "Wireless"; by changing the phrase "right of way" to "right-of-way"; by deleting the words "located in" and inserting in their place the words "that obstructs"; by deleting the word "must" and inserting in its place the word "shall"; and by inserting after the words "permit from the" the words "City or other". Section 17. City Code Chapter 11, Section 11.06, Subd. 10. is amended by deleting in in the first sentence the words "communications wireless telecommunications" and inserting in their place the word "wireless". Section 18. City Code Chapter 11, Section 11.06, Subd. 12, subpart 5 is amended by deleting in in the first sentence the words "commercial wireless telecommunications" in both places and inserting the word"wireless" in both places. Section 19. City Code Chapter 11, Section 11.06 is amended by adding a new Subd. 13. as follows: Subd. 13. Wireless Support Structures and Small Wireless Facilities in the Public Right- of-Way. A. Wireless support structures for the siting of small wireless facilities in the public right-of-way are a permitted use in the public right-of-way in all zoning districts, except the R-1 One Family Residential Districts where they are a conditional use as described in Section 11.41. B. No person shall place a wireless support structure or small wireless facility in the public right-of-way unless in compliance with the requirements of Section 6.03. Section 20. City Code Chapter 11, Section 11.41 is hereby amended by deleting Subd. 1 A. in its entirety and re-lettering Subd 1. B Historic Properties as Subd. 1 A. Section 21. City Code Chapter 11, Section 11.41, Subd 1. A, as re-lettered, subpart 4 Duration of Permits is amended in its entirely as follows: 4. Duration of Permits. A Historic Properties conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Any Historic Properties conditional use permit that contains an expiration date shall be automatically extended in accordance with this paragraph. Section 22. City Code Chapter 11, Section 11.41, is amended by adding a new Subd 1. B. as follows: B. Wireless Support Structures. 1. Policy and Purpose. The City desires high quality wireless services to accommodate the needs of City residents and businesses. At the same time,the City strives to minimize the negative impacts that wireless support structures and small wireless facilities can create, especially in the public right-of-way in single-family residential areas. The City discourages the installation of new or replacement wireless support structures in the public right-of-way in single-family residential districts, preferring instead that small wireless facilities be collocated on existing structures. Recognizing, however, that the provision of high quality wireless services may not be feasible without the installation of new or replacement wireless support structures in single-family residential districts, the following provisions relating to the issuance of conditional use permits are adopted. The conditional uses listed in this Section must be reviewed by the Planning Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property,neighboring uses,the surrounding area and compliance with the conditions set forth in this Section. 2. Areas Where Conditional Use Permits May Be Granted. Conditional use permits for the installation of new or replacement wireless support structures for the siting of small wireless facilities in the public right-of-way may be granted in rights-of- way located within or abutting the R-1 One Family Residential Districts. 3. Duration of Permits. A Wireless Support Structure conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Section 23. City Code Chapter 11, Section 11.41, Subd 2. B. is amended in its entirety as follows: B. The land subject to the conditional use permit is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection and schools or will be served adequately as a result of improvements proposed as part of the conditional use. Section 24. City Code Chapter 11, Section 11.41, Subd 2. E. is amended by striking the first word "The" and inserting in its place: "If the conditional use permit is granted the". Section 25. City Code Chapter 11, Section 11.41, Subd 2. H. is amended in its entirety as follows: H. The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare. Section 26. City Code Chapter 11, Section 11.41, Subd 2. I. is amended inserting the following after the first sentence: "No conditional use permit shall be approved until a Site Plan and Architectural Design Plan has been approved." Section 27. City Code Chapter 11, Section 11.41, Subd 2. J. is amended by striking the first word "Applicants" and inserting in its place the words "The use"; and striking the word "Section" and inserting in its place the word "Chapter". Section 28. City Code Chapter 11, Section 11.41, Subd 2. is amended by adding a subpart K as follows: K. No conditional use permit for a similar type of use has been revoked in the previous ten (10) years. Section 29. City Code Chapter 11, Section 11.41, Subd 2 is amended by adding a subpart L as follows: L. The conditional use is consistent with the City's Comprehensive Guide Plan provisions relevant to the land. Section 30. City Code Chapter 11, Section 11.41, Subd 3 is amended by deleting the first word "Additional" and inserting in its place the words "The following". Section 31. City Code Chapter 11, Section 11.41, Subd 3. A. is amended deleting Subd. 3 A. in its entirety and re-lettering Subd 3. B Historic Properties as Subd. 3 A. Section 32. City Code Chapter 11, Section 11.41, Subd. 3. A. as re-lettered is amended substituting the word"a" in the first sentence for the word "an". Section 33. City Code Chapter 11, Section 11.41, Subd 3. A. 6. as re-lettered is amended deleting the word "advertising". Section 34. City Code Chapter 11, Section 11.41, Subd 3. A. 9. as re-lettered is amended deleting that part of the sentence prior to the word "obtain" and inserting in front of the word "obtain"the words "Applicant shall". Section 35. City Code Chapter 11, Section 11.41, Subd 3 is amended by inserting a new Subd 3 B as follows: B. Wireless Support Structures. To be considered eligible for a Wireless Support Structure conditional use permit, the proposed new or replacement wireless support structure must be in conformance with the following: 1. The wireless support structure shall be located at least six hundred (600) feet from any existing wireless support structure or public utility structure. 2. The height of the new or replacement wireless support structure shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the zoning district, whichever is less. 3. The wireless support structure will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area. 4. The design of the wireless support structure shall comply with the following City's design requirements: a. At all sites, the design of all wireless support structures and facilities shall use materials, colors, textures, screening, and landscaping that blends the structures and facilities into the natural setting and building environment. b. No signage or other identifying markings of any nature shall be permitted upon any wireless support structures and facilities except in accordance with City Code Section 11.70. C. Such other design requirements as are developed from time to time by the City Planner and/or the Director of Public Works and maintained as an official document in printed or electronic form in the records of the City Clerk. 5. The wireless support structure shall have no associated ground-mounted wireless mechanical equipment except an electrical meter if such meter is necessary for the operation of a small wireless facility to be placed on the wireless support structure. 6. The applicant for the conditional use permit shall comply with all requirements of Section 6.03 including, but not limited to, obtaining a right-of-way permit, obtaining a small wireless facility permit, and entering into a Standard Small Wireless Collocation Agreement with the City, as appropriate. 7. Placement of the wireless support structure shall comply with generally applicable and reasonable health, safety, and welfare regulations consistent with the City's management of the public right-of-way. 8. Applications for conditional use permits shall be reviewed by the Planning Commission. Section 36. City Code Chapter 11, Section 11.41, Subd 4 is amended in its entirety as follows: Subd. 4. Procedure. A. An application for a conditional use permit shall be in writing signed by (1) the owner of the land for which the conditional use permit is sought, in the case of a Historical Properties conditional use permit, or (2) the person who wishes to install the new wireless support structure, in the case of a Wireless Support Structure permit. The application shall be made on forms provided by the City and shall include all information requested. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. B. A public hearing on an application for a Wireless Support Structure conditional use permit shall be held before both the Planning Commission and the Council. A public hearing on a Historic Properties conditional use permit shall be held before both the Heritage Preservation Commission and the Council. C. Notice of the public hearing shall be mailed at least ten days before the day of the hearing to each owner of property situated within 500 feet of the property to which the conditional use permit relates. For the purposes of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision 4.13 has been made. D. An application for a conditional use permit may not be acted upon by the Council until it has received the recommendation of the Planning Commission or Heritage Preservation Commission, as applicable, or until 60 days have elapsed from the date of referral to the Planning Commission or Heritage Preservation Commission. Section 37. City Code Chapter 11, Section 11.41, Subd 7 is renumbered as Subd. 8. Section 38. City Code Chapter 11, Section 11.41, Subd 6.Is re-numbered as Subd. 7. and amended in its entirety as follows: Subd. 7. Expiration of Conditional Use Permit. Unless otherwise specified by the Council at the time it is approved, a conditional use permit shall expire if substantial development or construction has not taken place within one year of the date of approval, unless a petition for a time extension has been granted by the Council.The extension request shall be submitted in writing at least 30 days prior to expiration of the conditional use permit and shall state facts showing a good-faith effort to complete work permitted under the original approval. Section 39. City Code Chapter 11, Section 11.41, Subd. 5 is re-numbered as Subd. 6 and amended in its entirety as follows: Subd. 6. Revisions and/or Changes to Site or Construction Plans. A. Historic Properties. Any revisions and/or changes to site, remodeling, or construction plans after a Historic Properties conditional use permit has been granted shall require approval by the City Planner and comply with Section 11.05, Subd. 8 criteria. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. B. Wireless Support Structures. Any revisions and/or changes to site or construction plans after a Wireless Support Structure conditional use permit has been granted shall require review and approval by the City Planner. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. Section 40. City Code Chapter 11, Section 11.41,is amended by adding a new Subd. 5. as follows: Subd. 5. Amendment to Conditional Use Permit. Amendments to any condition contained in an approved conditional use permit may be made only in accordance with the procedures applicable to the initial application as contained in Subdivision 4. Section 41. City Code Chapter 11, Section 11.41, is amended by adding a new Subd 9 as follows: Subd. 9. Suspension or Revocation of Conditional Use Permit. The City Council may suspend for a specified period of time or revoke a conditional use permit upon the failure of the owner or a tenant to comply with the provisions of this Code,the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the owner and tenant, if any, and a hearing. The notice must provide at least ten days' notice of the time and place of the hearing and must state the nature of the charges against the owner and/or tenant. The notice must be mailed to the owner, and tenant, if any. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the persons and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation,pursuant to M.S. § 14.59, as it may be amended from time to time,may provide an adequate basis for imposition of sanctions. Section 42. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 43. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of November, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 12h day of December, 2017. Kat een Porta, City Clerk yr ns, ayor Published in the Eden Prairie News on the 2 1"day of December, 2017. EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 22-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, RELATING TO CONDITIONAL USE PERMITS AND WIRELESS SERVICES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends Chapter 11 relating to Conditional Use Permits and Wireless Services. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ell Ka Teen Porta, City Clerk cy ra c s, Ma or PUBLISHED in the Eden Prairie News on December 21, 2017. (A full copy of the text of this Ordinance is available from City Clerk.)